I own a two family home and am getting ready to rent out the upstairs apartment that I've been living in my whole life and move downstairs to where the tenant apartment used to be. My question is that the shower in the upstairs apartment does not have an anti-scald valve, it has the two separate handles to mix the hot and cold water. We are not going to remodel this bathroom. Is the older plumbing grandfathered in since there's no renovation? Or would I have to install a new anti scald valve to be legal? I really don't want to have to install a new one because it would require tearing out all the shower walls and redoing all the plumbing. Any help would be greatly appreciated! Thanks, Kim
Submitted by KimNolan on Wed, 12/14/2011 - 11:30

Anti-scald valve requirement in MA apartment
Although they are required in new construction and when a bathroom is rehabbed, my understanding is that anti-scald valves are not required by the Massachusetts Sanitary Code. You should, however, confirm that with your local inspectional services office, perhaps when you obtain your certificate of occupancy for the unit, a requirement under MA law. The sanitary code does, however, require that the hot water for the unit should not exceed 130°F (54° C). Especially if your are renting to a family with kids, you will want to make sure you adjust the water heater's thermostat accordingly.