Chapter 18.19 — INDOOR WATER CONSERVATION

This chapter shall be known as the city of Burlingame "Indoor Water Conservation Ordinance." (Ord. 1846 § 2, (2010))

The code of rules and regulations printed in one volume and published by the International Association of Plumbing and Mechanical Officials, under the title "California Plumbing Code, 2007 Edition," and the appendices printed therein, and all supplements subsequently issued thereto, hereinafter collectively called the "plumbing code," prescribing regulations for the installation of all plumbing fixtures, was adopted as amended, by the city of Burlingame, in Chapter 18.12 of the Burlingame Municipal Code, on November 7, 2007. Printed in book form and filed in the office of the city clerk and the chief building official, the Burlingame plumbing code establishes the rules, regulations, and standards within the city of Burlingame as to all matters therein contained; subject however, to the amendments, additions, and deletions set forth in this chapter. The mandatory requirements of the adopted appendix to the California Plumbing Code, 2007 Edition, shall be enforceable to the same extent as if contained in the body of the plumbing code. One copy of the plumbing code shall at all times be kept on file in the office of the city clerk. To the extent the provisions of this chapter conflict with any provisions in the existing plumbing code, the California Building Standards Code, or any other municipal codes in conflict, then the provisions of this chapter shall supersede and control with regard to the indoor fixture requirements described herein. (Ord. 1846 § 2, (2010))

(a) The provisions of this chapter shall apply to the following projects:

(1) All new construction, regardless of building classification, requiring a building permit, plan check or design review, or requiring new or expanded water service;

(2) All kitchen and bathroom remodels requiring a building permit, plan check, design review, new or expanded water service, except that the provisions of this chapter will only apply to the fixtures normally included in the kitchen or bathroom, as the case may be, to be remodeled.

(b) The provisions of this chapter shall not apply to:

(1) Existing buildings not seeking a building permit, plan check or design review;

(2) Registered local, state or federal historical sites;

(3) Remodels where, in the discretion of the city, the unique configuration of the building, its drainage system or portions of the public sewer, or both, are incompatible with efficiency standards listed in the Indoor Water Use Efficiency Table and require a greater quantity of water to flush the system in a manner that is consistent with public health.

(Ord. 1846 § 2, (2010))

"Certified professional" means a licensed contractor, licensed architect or licensed professional engineer.

"Energy star qualified" means that a given fixture meets the United States Environmental Protection Agency standard for an energy efficient product.

"Gal/cycle" means gallons per cycle.

"Gal/100 lbs ice" means gallons per hundred pounds of ice.

"Gpf" means gallons per flush.

"Gpm" means gallons per minute.

"Local agency" means the city of Burlingame which is responsible for adopting, implementing and enforcing this chapter, including, but not limited to, approval of a permit and plan check or design review of a project.

"LSI" means Langlier Saturation Index providing an indication of the degree of saturation of water with respect to calcium carbonate related to cooling tower efficiency.

"Local water purveyor" means any entity, including a public agency, city, county, or private water company that provides retail water service.

"Permit" means the document issued by the city in connection with new construction, remodels or renovations and which authorizes the lawful initiation of construction, improvements or repairs to a building or structure.

"Project applicant" means the individual or entity submitting an indoor water use efficiency checklist as required under Section 18.19.060(b) and requesting a permit, plan check, design review, or new or expanded water service application from the local agency. A project applicant may be the property owner or designee.

"RMF" means residential multifamily.

"Sq. ft." means square feet. (Ord. 1846 § 2, (2010))

All new construction and applicable remodels will have, at a minimum, fixtures that comply with the efficiency standards listed in the Indoor Water Use Efficiency Table.

Indoor Water Use Efficiency Table

Fixture Residential Nonresidential

Toilets ≤ 1.28 gpf, and ≥ 350 grams ≤ 1.28 gpf, and ≥ 350 grams

Urinals ≤ 0.5 gpf ≤ 0.5 gpf

Showers ≤ 2.0 gpm ≤ 2.0 gpm

Bathroom faucets ≤ 1.5 gpm ≤ 0.5 gpm

Kitchen faucets ≤ 2.2 gpm ≤ 2.2 gpm

Clothes washers ≤ 6.0 water factor ≤ 6.0 water factor

Indoor Water Use Efficiency Table

Fixture Residential Nonresidential

Dishwashers ≤ 6.5 gal/cycle, or energy star energy star qualified
qualified

Cooling towers ≥ 5 - 10 cycles, or ≥ 2.5 LSI ≥ 5 - 10 cycles, or ≥ 2.5 LSI

Food steamers -- Boiler less, or self-contained

Ice machines -- ≤ 25 gal/100 lbs ice, or air-
cooled

Pre-rinse spray valves -- ≤ 1.15 gpm

Automatic vehicle wash -- ≥ 50% of water that is
facilities recycled on site

Commercial -- Closed loop, or air-cooled
refrigeration

Meters Submeters for RMF, and separate Submeters, and separate meter
meter for outdoor if landscape for outdoor if landscape >5000
>5000 sq. ft. sq. ft.

(Ord. 1846 § 2, (2010))

(a) The city shall:

(1) Provide the project applicant with a copy of the ordinance codified in this chapter and
an indoor water use efficiency checklist form when it provides the applicant with the
procedures for permits, plan checks, design reviews or new or expanded water service
applications;

(2) Review the indoor water use efficiency checklist submitted by the project applicant;

(3) Approve or deny the project applicant's indoor water use efficiency checklist
submittal as part of the application review process;

(4) Upon approval of the indoor water use efficiency checklist, and after all other
required permits and approvals have been obtained by the applicant, issue a permit or
approve the plan check, design review or new or expanded water service application
for the project applicant;

(5) In its discretion, inspect the installation of the water efficient fixtures and appliances
to verify that they have been installed and are performing at the required use levels;

(6) Provide a copy of the complete indoor water use efficiency checklist to the city.

(b) The project applicant shall:

(1) Meet the minimum water use efficiency standards for indoor fixtures and appliances
provided for in the indoor water use efficiency table and checklist;

(2) Prior to construction, submit all portions of the indoor water use efficiency checklist
to the city's (appropriate official) for verification;

(3) Construct the project in compliance with the minimum water use efficiency standards
for indoor fixtures and appliances provided for in the indoor water use efficiency table
and checklist.
(Ord. 1846 § 2, (2010))

The indoor water use efficiency checklist shall require, at a minimum:

(a) Project information;

(b) Quantity and unit water use factors of all indoor fixtures and appliances relative to the
standards listed in the Indoor Water Use Efficiency Table and checklist;

(c) Contain the following statement to be completed by the project applicant: "I certify that the
subject project meets the specified requirements of the Indoor Water Use Efficiency
Ordinance"; and

(d) Bear the signature of the project applicant, or that of a certified professional.
(Ord. 1846 § 2, (2010))

(a) Violation. It is unlawful for any person, firm, partnership, association, or corporation subject to the requirements of this chapter to fail to comply with the water use efficiency requirements or to alter or replace the fixtures and appliances required by this chapter with other noncompliant fixtures or appliances after the completion of construction or remodel.

(b) Notice of Correction. Whenever the city determines that a violation of this chapter has occurred, the city may serve a notice of correction on the owner(s) of the property on which the violation is situated. The owner(s) of record shall have 90 days to take corrective action.

(c) Enforcement. If the owner of the property which is the subject of the violation fails to take corrective action within 90 days, the city may enforce this chapter according to the provisions of Chapter 1.12 of this code. (Ord. 1846 § 2, (2010))

The local agency shall provide information to all applicants regarding the installation of water efficient fixtures and appliances. (Ord. 1846 § 2, (2010))