# Civil Law - Soon to be in the California Plumbing Code



## Arcal (Oct 17, 2013)

More legislation from the Capital - Right now this is only a civil code, but I have been told that HCD will soon have it in the California Plumbing Code.  The following comes from the latest Willdan Letter.

Did You Know?

Water-Saving Plumbing Fixtures Required water-saving fixtures. Did you know that noncompliant plumbing fixtures will be subject to replacement soon?

Beginning on January 1, 2014, when a permit is issued for the alteration or improvement to a single-family dwelling, noncompliant plumbing fixtures must be replaced with water-conserving fixtures as a condition of the issuance of a certificate of occupancy, or final approval. The responsibility is that of the permit holder, regardless of the type of alteration or improvement being made to the dwelling. This requirement is to be enforced by the local building department and can be found in Civil Code Section 1101.4.

Also on and after January 1, 2014, noncompliant plumbing fixtures must be replaced with water-conserving fixtures in multifamily residential real property and commercial real property, when a permit is issued and the result is an increase in floor area of 10% or greater, or when the construction valuation is greater than $150,000, or when a room is to be altered or improved and the room has noncompliant plumbing fixtures. The installation of the water-conserving plumbing fixtures is to be a condition of the issuance of the certificate of occupancy or final approval. This requirement of law must be enforced by the local building department.

There are a number of conditions and exemptions provided, so read Civil Code Sections 1101.2 through 1101.8 for all the details at the legislative website. You will notice that there are additional requirements coming in 2017 and 2019. Again, read SB 745 which is discussed briefly in our Legislative section.


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## mark handler (Oct 17, 2013)

Arcal said:
			
		

> More legislation from the Capital - Right now this is only a civil code, but I have been told that HCD will soon have it in the California Plumbing Code.  The following comes from the latest Willdan Letter.Did You Know?
> 
> Water-Saving Plumbing Fixtures Required water-saving fixtures. Did you know that noncompliant plumbing fixtures will be subject to replacement soon?
> 
> ...


Read CalGreen, already in the "code"


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## Arcal (Oct 17, 2013)

Mark,

Thank you.  I guess the instructor at CALBO didn't know it was already in the code and neither did any of the 100 plus attendees, because nothing was said.  Maybe they didn't have the new code yet.


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## mark handler (Oct 18, 2013)

2013 CalGreen see 301.1.1 "Note"


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## ICE (Oct 18, 2013)

> Beginning on January 1, 2014, when a permit is issued for the alteration or improvement to a single-family dwelling, noncompliant plumbing fixtures must be replaced with water-conserving fixtures as a condition of the issuance of a certificate of occupancy, or final approval. The responsibility is that of the permit holder, regardless of the type of alteration or improvement being made to the dwelling.


I give that a great big fat chance.

Permit fees will plummet as people stop getting permits for anything.  Imagine telling electricians and roofers that they will be installing toilets....every time.


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## mark handler (Oct 18, 2013)

ICE said:
			
		

> I give that a great big fat chance.Permit fees will plummet as people stop getting permits for anything.  Imagine telling electricians and roofers that they will be installing toilets....every time.


Not the case, if you renovate the kitchen or bath you can not reuse the fixtures unless they meet certain standards

It is not required on a re roof or changing a panel

You guys always jump from one extreme to the other

You should run for Congress


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## mark handler (Oct 18, 2013)

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.

   © 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.

   © "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.

   © 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.

   © 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.

   © 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.

   © 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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## steveray (Oct 18, 2013)

Mark.....where does it exempt those simple unrelated permits? I did not see it there.....


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## mark handler (Oct 18, 2013)

steveray said:
			
		

> Mark.....where does it exempt those simple unrelated permits? I did not see it there.....


"....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.

It is no different than requiring GFCI's when replacing the Elec. meter


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## JPohling (Oct 18, 2013)

Its about time we can get rid of those water hogs


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## conarb (Oct 18, 2013)

JPohling said:
			
		

> Its about time we can get rid of those water hogs


My sister lives in San Diego, remodeled her house about 20 years ago installing water saving toilets, she left one old toilet near the laundry garage, they go out there to use the toilet so they don't have to clean them after every usage.  I remodeled a bath 15 years ago and went to great lengths to find three matching vitreous china pieces in a salvage yard and buy new internal plumbing parts so I wouldn't have to be constantly cleaning the toilets.  About 5 years ago I thought they had finally been perfected and bought all water saving dual flush Totos, now we are constantly using the toilet brushes that sit prominently by the side of each toilet.  Ten years ago I did an ADA remodel of a large Catholic church, there are 5 stalls with water saving flush valve toilets, I went back on a service call and there was a large sign taped to the wall "FLUSH THREE TIMES" I understand that the most bootlegged products crossing the Canadian border are Cuban Cigars and full flush toilets.


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## MASSDRIVER (Oct 18, 2013)

That's because pointy heads were the smartest people in the room again and declared the water savings solution. No evidence exists that California has saved a drop of water since thier inception.

If you want to ACTUALLY make a difference, quit convincing people they have to water their lawn everyday, and quit watering the sidewalk.

Brent


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## Fort (Oct 18, 2013)

I am curious how many AHJ's will actually enforce this, versus look the other way.

It seems CalGreen is still considered "brand new" to many (even though it is three years old) and is not really enforced as the law requires.


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## JPohling (Oct 18, 2013)

we need to convince people to stop moving to California


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## ICE (Oct 18, 2013)

conarb said:
			
		

> now we are constantly using the toilet brushes that sit prominently by the side of each toilet.........there was a large sign taped to the wall "FLUSH THREE TIMES"


It could be all about the diet....and I don't mean like fatboy on a diet.


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## Arcal (Oct 18, 2013)

mark handler said:
			
		

> "....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.CGBC Section 301.1 state, ". . .residential buildings undergoing permitted alterations, additions, or improvements shall replace noncompliant plumbing fixtures with water-conserving plumbing fixtures."  This seems to suggest that any alteration, addition or improvement kicks in the requirement to replace all noncompliant plumbing fixtures throughout the house, not just in a particular room.
> 
> ICE
> 
> As far as replacing water heaters, electrical panels, furnaces and roofs, I consider them as maintainance and don't fall under the catagory of alterations, additions or improvements.


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## ICE (Oct 19, 2013)

Arcal said:
			
		

> As far as replacing water heaters, electrical panels, furnaces and roofs, I consider them as maintainance and don't fall under the catagory of alterations, additions or improvements.





> Beginning on January 1, 2014, when a permit is issued for the alteration or improvement to a single-family dwelling, noncompliant plumbing fixtures must be replaced with water-conserving fixtures as a condition of the issuance of a certificate of occupancy, or final approval. The responsibility is that of the permit holder, *regardless of the type of alteration or improvement being made to the dwelling*. This requirement is to be enforced by the local building department and can be found in Civil Code Section 1101.4.


I prefer to agree with you.  Where is the line drawn?  Right after kitchen remodels and just before the installation of solar panels?  Oh wait a minute, solar is certian to be exempt.  Shirley we'll have to stop calling electrical service replacements an "upgrade" and from now on, windows routinely wear out.


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