Daly City Municipal Code Ch. 15.66 Indoor Water Use Efficiency and Conservation Ordinance

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, printed in book form and filed in the office of the city clerk as of December 10, 2007, and by reference incorporated herein as if set forth, as the plumbing code of the City of Daly City establishing the rules, regulations, and standards within the City of Daly City 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 applicable code or regulation known to be in conflict then the provisions of this chapter shall supersede and control with regard to the indoor fixture requirements described herein.

(Ord. No. 1348, § 1, 2-8-2010)

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 initiated before January 1, 2014 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; and

3. Any remodel initiated on or after January 1, 2014 shall retrofit all plumbing fixtures with water efficient plumbing fixtures.

B. The provisions of the Chapter shall also require;

1. The retrofit of all single-family residential plumbing fixtures with water efficient plumbing fixtures on or before January 1, 2017; and

2. On or after January 1, 2017, a seller or transferor of a single-family residential real property shall disclose in writing to a prospective purchaser or transferee of the requirements to retrofit plumbing fixtures with water efficient plumbing fixtures and whether the real property includes any noncompliant plumbing fixtures.

3. The retrofit of all multi-family real property and commercial real property with water efficient plumbing fixtures on or before January 1, 2019.

C. 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 chief building official 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. No. 1348, § 1, 2-8-2010)

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

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

C. "gal/cycle" means gallons per cycle.

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

E. "gpf" means gallons per flush.

F. "gpm" means gallons per minute.

G. "Local agency" means a city or county, including a charter city or charter county, or water district that is responsible for adopting and implementing this chapter. The local agency is also responsible for the enforcement of this chapter, including but not limited to, in the case of a city or county, approval of a permit and plan check or design review of a project; and in the case of a district, approval of a new or expanded water service application.

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

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

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

K. "Project applicant" means the individual or entity submitting a indoor water use efficiency checklist as required under Section 15.66.050, 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 his or her designee.

L. "RMF" means residential multi-family.

M. "sq. ft." means square feet.

N. "Water §Factor" means the number of gallons per cycle per cubic foot that the clothes washer uses.

O. "Single-family" means any real property that is improved with, or consisting of, a building containing not more than one unit that is intended for human habitation.

P. "Multi-family" means any real property that is improved with, or consisting of, a building containing more than one unit that is intended for human habitation, or any mixed residential-commercial buildings or portions thereof that are intended for human habitation.

Q. "Commercial property" means any real property that is improved with, or consisting of, a building that is intended for commercial use, including hotels and motels, that is not single-family residential real property or multi-family residential real property.

(Ord. No. 1348, § 1, 2-8-2010)

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All new construction and applicable remodels will have, at a minimum, fixtures that comply with the efficiency standards listed below (the "Indoor Water Use Efficiency Table"):

(Ord. No. 1348, § 1, 2-8-2010)

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A. The local agency shall:

1. Provide the project applicant with this chapter and the indoor water use efficiency checklist requirements when it provides 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;

4. Only upon approval of the indoor water use efficiency checklist, 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; and

6. Submit a copy of the complete Indoor Water Use Efficiency Checklist to the local water purveyor or land use authority, as the case may be.

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 local agency for verification.

(Ord. No. 1348, § 1, 2-8-2010)

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 and Conservation Ordinance"; and

D. Bear the signature of the Project applicant, or that of a certified professional.

(Ord. No. 1348, § 1, 2-8-2010)

A. Violation and Notice of Correction. 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 Ordinance with other noncompliant fixtures or appliances after the completion of construction or remodel. Whenever the chief building official determines that a violation of this chapter has occurred, the chief building official 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 ninety days to take corrective action.

B. Administrative Enforcement. In addition to any other remedy provided by the Daly City's Municipal Code, any provision of this Chapter may be enforced by an administrative order issued pursuant to the administrative processes set forth in Section 8.16.100 et. seq. of the Daly City Municipal Code. The administrative appeal board shall serve as the administrative enforcement hearing board for the purposes of considering any appeals. All notices shall be served in accordance with Article II of Section 8.16 of the Daly City Municipal Code.

(Ord. No. 1348, § 1, 2-8-2010)

The City of Daly City shall provide information to all applicants regarding the installation of water efficient fixtures and appliances.

(Ord. No. 1348, § 1, 2-8-2010)