§ 15-0314 — Powers and responsibilities with respect to certain plumbing fixtures

§ 15-0314. Powers and responsibilities with respect to certain plumbing\n fixtures.\n 1. On and after the effective date of this section, no individual,\npublic or private corporation, political subdivision, government agency,\ndepartment or bureau of the state, municipality, industry,\nco-partnership, association, firm, trust, estate or other legal entity\nshall, for purposes of use in this state, distribute, sell, offer for\nsale, import or install any sink faucet or lavatory faucet, shower head,\ndrinking water fountain, urinal or water closet, including tank-type\ntoilets, flushometer-tank toilets, flushometer-valve toilets,\nelectromechanical hydraulic toilets, and all other types of toilets that\nuse water and associated flush-valve, if any, unless it shall meet the\nwater saving performance standards as provided for in subdivision two of\nthis section.\n 2. The water saving performance standards for sink and lavatory\nfaucets, shower heads, drinking water fountains, urinals and water\nclosets, including tank-type toilets, flushometer-tank toilets,\nflushometer-valve toilets, electromechanical hydraulic toilets,\ndual-flush toilets and all other types of toilets that use water shall\nbe as follows:\n (a) for lavatory faucets, at a constant water pressure of sixty pounds\nper square inch, maximum flow shall not exceed 1.5 gallons of water per\nminute (or .25 gallons per cycle for lavatory faucets designed as\nmetering faucets) and provided that those faucet models installed in\npublic buildings must be of a self-closing variety and must be designed\nto limit the discharged flow rate of water to a maximum of .5 gallons\nper minute at a constant water pressure of sixty pounds per square inch\nor must be of the metering type which limit the discharge of water to a\nmaximum of .25 gallons per cycle; and\n (b) for sink faucets, at a constant water pressure of sixty pounds per\nsquare inch, maximum flow shall not exceed 2.2 gallons of water per\nminute; and\n (c) for shower heads, at a constant water pressure of eighty pounds\nper square inch, maximum flow shall not exceed 2.0 gallons of water per\nminute; and\n (d) for urinals and associated flush-valve, if any, maximum flow shall\nnot exceed an average of 0.5 gallons of water per flush (except for\nurinals designated and marketed exclusively for use in prisons or mental\nhealth care facilities); and\n (e) except for water closets and toilets designed and marketed\nexclusively for use in prisons or mental health care facilities, (1) for\nwater closets and associated flush-valve, if any, maximum flow shall not\nexceed an average of 1.28 gallons of water per flush; (2) for dual-flush\ntank-type water closets, the average of two reduced flushes and one full\nflush shall not exceed 1.28 gallons of water per flush; and (3) for\ndual-flush flushometer-valve water closets, maximum flow shall not\nexceed an average of 1.28 gallons of water per flush; and\n (f) drinking water fountains must be of a self-closing variety.\n 3. Each shower head, sink or lavatory faucet, both box and product,\nshall be marked and labeled, and each water closet or urinal, or each\ncomponent if the water closet or urinal is comprised of two or more\ncomponents, both box and product, shall be marked and labeled in\naccordance with the latest revision of the standards designated American\nNational Standards, written under American National Standards Institute\n(ANSI), and, as applicable, the following United States Environmental\nProtection Agency watersense program specification: showerheads (July\n26, 2018), tank-type toilets (June 2, 2014), lavatory faucets (October\n1, 2007), flushing urinals ( August 14, 2009), and flushometer-valve\ntoilets (December 17, 2015).\n 4. The commissioner may permit the sale and installation of water\nclosets, blow out toilets and associated flush-valves, if any, which do\nnot meet the standards provided for in subdivision two of this section\nif after application therefor it is determined by the commissioner that\nthe installation of fixtures which meet such standards would be\ndetrimental to the operation of the existing sewerage system or part of\nsuch system, servicing such fixtures.\n 5. The provisions of this section shall not apply to fixtures which\nwere in compliance with this section and other applicable provisions of\nlaw on the date on which they were installed which are removed and\nrelocated to another room or area of the same building or to another\nbuilding owned or leased by the owner of the building from which such\nfixtures were removed after the effective date of this section, nor\nshall they apply to fixtures such as safety showers, bedpan washer\nequipped water closets and aspirator faucets, which, in order to perform\na specialized function, cannot meet the standards specified in\nsubdivision two of this section.\n 6. "Public building" as used in this section, means any building or\nportion thereof, used or controlled by any department or branch of a\nstate or local government, or which is constructed wholly or partially\nthrough state or municipal funds, including tax funds, funds obtained\nthrough bond issues or grants or loans under any state law, which is\nlikely to be used by the public, including, but not limited to theaters,\nconcert halls, auditoriums, museums, schools, libraries, recreation\nfacilities, transportation terminals and stations, factories, office\nbuildings and building establishments. In addition, "public building"\nincludes those facilities such as stores, restaurants and hotels which\nhave restrooms which are open to the public or the clientele of the\nfacility but not including private restrooms which are part of sleeping\nquarters in such a facility. The term "public building" does not include\nprivately owned residential structures, public housing structures, or\npolice, fire or correction structures.\n 7. A violation of the provisions of this section shall be liable for a\npenalty pursuant to section 71-1127 of this chapter.\n 8. The commissioner, to the extent practicable and appropriate, shall\nutilize the latest revision of the standards designated American\nNational Standards, written under American National Standards Institute\n(ANSI) procedures in determining requirements under this section, and,\nas applicable, the following United States Environmental Protection\nAgency watersense program specification: showerheads (July 26, 2018),\ntank-type toilets (June 2, 2014), lavatory faucets (October 1, 2007),\nflushing urinals (August 14, 2009), and flushometer-valve toilets\n(December 17, 2015).\n