2009 California Civil Code - Section 1101.1-1101.8 :: Article 1.4. Installation Of Water Use Efficiency Improvements

CIVIL CODE
SECTION 1101.1-1101.8

1101.1.  The Legislature finds and declares all of the following:
   (a) Adequate water supply reliability for all uses is essential to
the future economic and environmental health of California.
   (b) Environmentally sound strategies to meet future water supply
and wastewater treatment needs are key to protecting and restoring
aquatic resources in California.
   (c) There is a pressing need to address water supply reliability
issues raised by growing urban areas.
   (d) Economic analysis by urban water agencies has identified urban
water conservation as a cost-effective approach to addressing water
supply needs.
   (e) There are many water conservation practices that produce
significant energy and other resource savings that should be
encouraged as a matter of state policy.
   (f) Since the 1991 signing of the "Memorandum of Understanding
Regarding Urban Water Conservation in California," many urban water
and wastewater treatment agencies have gained valuable experience
that can be applied to produce significant statewide savings of
water, energy, and associated infrastructure costs. This experience
indicates a need to regularly revise and update water conservation
methodologies and practices.
   (g) To address these concerns, it is the intent of the Legislature
to require that residential and commercial real property built and
available for use or occupancy on or before January 1, 1994, be
equipped with water-conserving plumbing fixtures.
   (h) It is further the intent of the Legislature that retail water
suppliers are encouraged to provide incentives, financing mechanisms,
and funding to assist property owners with these retrofit
obligations.

1101.2.  Except as provided in Section 1101.7, this article shall
apply to residential and commercial real property built and available
for use on or before January 1, 1994.

1101.3.  For the purposes of this article:
   (a) "Commercial real 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 a
single-family residential real property or a multifamily residential
real property.
   (b) "Multifamily residential real property" 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. Multifamily residential real
property includes residential hotels but does not include hotels and
motels that are not residential hotels.
   (c) "Noncompliant plumbing fixture" means any of the following:
   (1) Any toilet manufactured to use more than 1.6 gallons of water
per flush.
   (2) Any urinal manufactured to use more than one gallon of water
per flush.
   (3) Any showerhead manufactured to have a flow capacity of more
than 2.5 gallons of water per minute.
   (4) Any interior faucet that emits more than 2.2 gallons of water
per minute.
   (d) "Single-family residential real property" 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.
   (e) "Water-conserving plumbing fixture" means any fixture that is
in compliance with current building standards applicable to a newly
constructed real property of the same type.
   (f) "Sale or transfer" means the sale or transfer of an entire
real property estate or the fee interest in that real property estate
and does not include the sale or transfer of a partial interest,
including a leasehold.

1101.4.  (a) On and after January 1, 2014, for all building
alterations or improvements to single-family residential real
property, as a condition for issuance of a certificate of final
completion and occupancy or final permit approval by the local
building department, the permit applicant shall replace all
noncompliant plumbing fixtures with water-conserving plumbing
fixtures.
   (b) On or before January 1, 2017, noncompliant plumbing fixtures
in any single-family residential real property shall be replaced by
the property owner with water-conserving plumbing fixtures.
   (c) On and after January 1, 2017, a seller or transferor of
single-family residential real property shall disclose in writing to
the prospective purchaser or transferee the requirements of
subdivision (b) and whether the real property includes any
noncompliant plumbing fixtures.

1101.5.  (a) On or before January 1, 2019, all noncompliant plumbing
fixtures in any multifamily residential real property and in any
commercial real property shall be replaced with water-conserving
plumbing fixtures.
   (b) An owner or the owner's agent may enter the owner's property
for the purpose of installing, repairing, testing, and maintaining
water-conserving plumbing fixtures required by this section,
consistent with notice requirements of Section 1954.
   (c) On and after January 1, 2019, the water-conserving plumbing
fixtures required by this section shall be operating at the
manufacturer's rated water consumption at the time that the tenant
takes possession. A tenant shall be responsible for notifying the
owner or owner's agent if the tenant becomes aware that a
water-conserving plumbing fixture within his or her unit is not
operating at the manufacturer's rated water consumption. The owner or
owner's agent shall correct an inoperability in a water-conserving
plumbing fixture upon notice by the tenant or if detected by the
owner or the owner's agent.
   (d) (1) On and after January 1, 2014, all noncompliant plumbing
fixtures in any multifamily residential real property and any
commercial residential real property shall be replaced with
water-conserving plumbing fixtures in the following circumstances:
   (A) For building additions in which the sum of concurrent building
permits by the same permit applicant would increase the floor area
of the space in a building by more than 10 percent, the building
permit applicant shall replace all noncompliant plumbing fixtures in
the building.
   (B) For building alterations or improvements in which the total
construction cost estimated in the building permit is greater than
one hundred fifty thousand dollars ($150,000), the building permit
applicant shall replace all noncompliant plumbing fixtures that
service the specific area of the improvement.
   (C) Notwithstanding subparagraph (A) or (B), for any alterations
or improvements to a room in a building that require a building
permit and that room contains any noncompliant plumbing fixtures, the
building permit applicant shall replace all noncompliant plumbing
fixtures in that room.
   (2) Replacement of all noncompliant plumbing fixtures with
water-conserving plumbing fixtures, as described in paragraph (1),
shall be a condition for issuance of a certificate of final
completion and occupancy or final permit approval by the local
building department.
   (e) On and after January 1, 2019, a seller or transferor of
multifamily residential real property or of commercial real property
shall disclose to the prospective purchaser or transferee, in
writing, the requirements of subdivision (a) and whether the property
includes any noncompliant plumbing fixtures. This disclosure may be
included in other transactional documents.

1101.6.  The duty of an owner or building permit applicant to comply
with the requirements of this article shall be postponed for one
year from the date of issuance of a demolition permit for the
building. If the building is demolished within the one-year
postponement, the requirements of this article shall not apply. If
the building is not demolished after the expiration of one year, the
provisions of this article shall apply, subject to appeal to the
local building department, even though the demolition permit is still
in effect or a new demolition permit has been issued.

1101.7.  This article shall not apply to any of the following:
   (a) Registered historical sites.
   (b) Real property for which a licensed plumber certifies that, due
to the age or configuration of the property or its plumbing,
installation of water-conserving plumbing fixtures is not technically
feasible.
   (c) A building for which water service is permanently
disconnected.

1101.8.  A city, county, or city and county, or a retail water
supplier may do either of the following:
   (a) Enact local ordinances or establish policies that promote
compliance with this article.
   (b) Enact local ordinances or establish policies that will result
in a greater amount of water savings than those provided for in this
article.


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