Burbank Municipal Code Art. 15 Retrofit on Resale Ordinance

5-3-1501: SHORT TITLE:

This Article shall be known and be cited as the “Retrofit on Resale Ordinance.”

5-3-1502: STATEMENT OF POLICY AND PURPOSE:

A. Policy. It is desirable and in the interests of the general welfare of the City that the water resources available to the City be put to maximum beneficial use to the extent possible and that waste, unreasonable use or unreasonable method of use be prevented, and that conservation of such water resources be exercised in a reasonable and beneficial manner for the residents and businesses of Burbank. It is recognized that residential and commercial buildings may have older inefficient water fixtures that can be replaced with newer more efficient fixtures that save this precious resource as well as reduce the overall costs to the customers and the City.

B. Purpose. This article provides for the replacement of plumbing fixtures or installation of water saving devices when a residential, commercial or industrial property is sold or is subject to a transfer of ownership, with certain exceptions. The measures defined in this article will help provide for dependable and long term water demand reduction benefiting the community.

5-3-1503: APPLICATION:

A. The provisions of this article shall apply to all residential, commercial, and industrial buildings served by the City whenever the title to real property is conveyed from the seller to the buyer; provided, however, that nothing in this article shall require an expenditure greater than one tenth of one percent (0.1%) of the selling price in any single sales transaction on retrofit measures required to achieve compliance.

B. The provisions of this article shall apply to all properties connected to potable water service in the City and all those for which an application is submitted for new water service for a property as defined in subsection (c) of this section.

C. The following transfers and properties are exempted from the provisions of this article:

1. The purchase or transfer of real property between spouses, including, but not limited to, transfers to a trustee for the beneficial use of a spouse, or the surviving spouse of a deceased transferor, or by a trustee of such a trust to the spouse of the trustor; transfers to a spouse which take effect upon the death of a spouse; transfers to a spouse or former spouse in connection with a property settlement agreement or decree of dissolution of a marriage or legal separation; the creation, transfer or termination, solely between spouses, of any co-owner’s interest; and the distribution of a legal entity’s property to a spouse or former spouse in exchange for the interest of the spouse in the legal entity in connection with a property settlement agreement or a decree of dissolution of a marriage or legal separation;

2. The purchase or transfer of real property between parents and their children, including both voluntary transfers and transfers resulting from a court order or judicial decree;

3. Buildings that are designated historical buildings or structures designated as a Historic-Cultural Monument, on or determined to be eligible for the California Register of Historic Resources, or on or determined eligible for the inclusion in the National Register of Historic Districts;

4. Residential properties with bathroom fixtures that are integrated into a unique, defined architectural style considered to have architectural or historic significance, including toilets color-coded to match ceramic tile. The existing toilet must be an original fixture of the same age as the structure;

5. Properties in which a documented plumbing design condition will not allow the installation of more efficient fixtures;

6. Properties for which a certificate of compliance has been previously issued pursuant to this article;

E. The seller of the property shall be responsible for complying with the requirements of this article and certifying such by signature on a certificate of compliance for the property before the close of escrow. The certificate of compliance shall be on a form approved by the General Manager of Burbank Water and Power and made available to the public on the Burbank Water and Power website.

F. The seller’s and buyer’s real estate agent, real estate broker, or real estate sales person involved in the transfer of property title subject to this ordinance, shall give written notice to the seller and the buyer of the requirements of this article prior to the close of escrow and transfer of property title.

G. The seller and buyer shall each certify compliance with the article by signing the certificate of compliance. A signed copy of the certificate of compliance shall be included in the transfer documentation.

H. If the property is sold by the owner without representing agents, seller will provide buyer with a signed certificate of compliance, where seller attests to compliance with this article to the buyer. Both seller and buyer will be required to sign the certificate of compliance. A signed copy of the certificate of compliance shall be included in the transfer documentation.

5-3-1504: RETROFIT MEASURES:

Prior to entering into an agreement of sale or contracting for an exchange of any real property improved with residential, commercial, or industrial buildings, or when an escrow agreement has been executed in connection therewith, prior to the close of escrow, each seller shall replace all noncomplying toilets, urinals, showerheads, bathroom faucet aerators, kitchen faucet aerators with water-conserving plumbing fixtures in alignment with the 2022 California Plumbing Code.

A. Replace all noncomplying toilets with toilets that do not exceed 1.28 gallons per flush. In lieu of replacement, a seller may modify a noncomplying toilet with the installation of a dual flush toilet conversion kit that reduces water usage to a maximum of 1.28 gallons per flush.

B. Replace all noncomplying floor-mounted urinals with floor-mounted urinals that flush with a maximum of 0.5 gallons per flush. In lieu of replacement, a seller may modify a noncomplying urinal with the installation of a urinal conversion kit that reduces water usage to a maximum of 0.5 gallons per flush.

C. Replace all noncomplying wall-mounted urinals with wall-mounted urinals that flush with a maximum of 0.125 gallons per flush. In lieu of replacement, a seller may modify a noncomplying urinal with the installation of a urinal conversion kit that reduces water usage to a maximum of 0.125 gallons per flush.

D. Equip all showers with showerheads having a flow rate not to exceed 1.8 gallons per minute at 80 psi. This requirement shall not apply to any emergency shower installed for health or safety purposes that cannot safely operate with a maximum flow rate specified in the current California Plumbing Code.

E. Replace all bathroom faucet aerators with aerators having a flow rate not exceeding 1.2 gallons per minute at 60 psi.

F. Replace all kitchen faucet aerators with aerators having a flow rate not exceeding 1.8 gallons per minute at 60 psi with a temporary increase of up to 2.2 gallons per minute at 60 psi and must default to a maximum flow rate not exceeding 1.8 gallons per minute at 60 psi.

G. Replace all public or common area bathroom faucet aerators with aerators having a flow rate not exceeding 0.5 gallons per minute at 60 psi. [Added by Ord. No. 3786, eff. 8/20/10; Amended by Ord. No. 22-3,986, eff. 1/13/23.]