17921.3
. (a) All water closets and urinals installed or sold in
this state shall meet performance, testing, and labeling requirements
established by the American Society of Mechanical Engineers standard
A112.19.2-2003, or A112.19.14-2001, as applicable. No other marking
and labeling requirements shall be required by the state. All water
closets and urinals installed or sold in this state shall be listed
by an American National Standards Institute accredited third-party
certification agency to the appropriate American Society of
Mechanical Engineers standards set forth in this subdivision. No
other listing or certification requirements shall be required by the
state.
(b) (1) All water closets sold or installed in this state shall
use no more than an average of 1.6 gallons per flush. On and after
January 1, 2014, all water closets, other than institutional water
closets, sold or installed in this state shall be high-efficiency
water closets.
(2) All urinals sold or installed in this state shall use no more
than an average of one gallon per flush. On and after January 1,
2014, all urinals, other than blow-out urinals, sold or installed in
this state shall be high-efficiency urinals.
(3) Each manufacturer selling water closets or urinals in this
state shall have not less than the following percentage of models
offered for sale in this state of high-efficiency water closets plus
high-efficiency urinals as compared to the total number of models of
water closets plus urinals offered for sale in this state by that
manufacturer:
(A) Fifty percent in 2010.
(B) Sixty-seven percent in 2011.
(C) Seventy-five percent in 2012.
(D) Eighty-five percent in 2013.
(E) One hundred percent in 2014 and thereafter.
(4) Each manufacturer that sells water closets or urinals in this
state shall inform the State Energy Resources Conservation and
Development Commission, the department, and the California Building
Standards Commission, in writing, of the percentage of models of
high-efficiency water closets plus high-efficiency urinals offered
for sale in this state as compared to the total number of models of
water closets plus urinals offered for sale in this state by that
manufacturer for each year 2010 to 2013, inclusive, by January 30 of
that year.
(c) Any city, county, or city and county may enact an ordinance to
allow the sale and installation of nonlow-consumption water closets
or urinals upon its determination that the unique configuration of
building drainage systems or portions of a public sewer system within
the jurisdiction, or both, requires a greater quantity of water to
flush the system in a manner consistent with public health. At the
request of a public agency providing sewer services within the
jurisdiction, the city, county, or city and county shall hold a
public hearing on the need for an ordinance as provided in this
subdivision. Prior to this hearing or to the enactment of the
ordinance, those agencies responsible for the provision of water and
sewer services within the jurisdiction, if other than the agency
considering adoption of the ordinance, shall be given at least 30
days' notice of the meeting at which the ordinance may be considered
or adopted.
(d) Notwithstanding subdivision (b), on and after January 1, 1994,
water closets and urinals that do not meet the standards referenced
in subdivision (b) may be sold or installed for use only under either
of the following circumstances:
(1) Installation of the water closet or urinal to comply with the
standards referenced in subdivision (b) would require modifications
to plumbing system components located beneath a finished wall or
surface.
(2) The nonlow-consumption water closets, urinals, and flushometer
valves, if any, would be installed in a home or building that has
been identified by a local, state, or federal governmental entity as
a historical site and historically accurate water closets and urinals
that comply with the flush volumes specified in subdivision (b) are
not available.
(e) (1) This section does not preempt any actions of cities,
counties, cities and counties, or districts that prescribe additional
or more restrictive conservation requirements affecting either of
the following:
(A) The sale, installation, or use of low-consumption water
closets, urinals, and flushometer valves that meet the standards
referenced in subdivision (a), (b), or (c).
(B) The continued use of nonlow-consumption water closets,
urinals, and flushometer valves.
(2) This section does not grant any new or additional powers to
cities, counties, cities and counties, or districts to promulgate or
establish laws, ordinances, regulations, or rules governing the sale,
installation, or use of low-consumption water closets, urinals, and
flushometer valves.
(f) The California Building Standards Commission or the department
may, by regulation, reduce the quantity of water per flush required
pursuant to this section if deemed appropriate or not inconsistent in
light of other standards referenced in the most recent version of
the California Plumbing Code, and may refer to successor standards to
the standards referenced in this section if determined appropriate
in light of standards referenced in the most recent version of the
California Plumbing Code.
(g) As used in this section, the following terms have the
following meanings:
(1) "Blow-out urinal" means a urinal designed for heavy-duty
commercial applications that work on a powerful nonsiphonic
principle.
(2) "High-efficiency water closet" means a water closet that is
either of the following:
(A) A dual flush water closet with an effective flush volume that
does not exceed 1.28 gallons, where effective flush volume is defined
as the composite, average flush volume of two reduced flushes and
one full flush. Flush volumes shall be tested in accordance with ASME
A112.19.2 and ASME A112.19.14.
(B) A single flush water closet where the effective flush volume
shall not exceed 1.28 gallons. The effective flush volume is the
average flush volume when tested in accordance with ASME A112.19.2.
(3) "High-efficiency urinal" means a urinal that uses no more than
0.5 gallons per flush.
(4) "Institutional water closet" means any water closet fixture
with a design not typically found in residential or commercial
applications or that is designed for a specialized application,
including, but not limited to, wall-mounted floor-outlet water
closets, water closets used in jails or prisons, water closets used
in bariatrics applications, and child water closets used in day care
facilities.
(5) "Nonlow-consumption flushometer valve," "nonlow-consumption
urinal," and "nonlow-consumption water closet" mean devices that use
more than 1.6 gallons per flush for toilets and more than 1.0 gallons
per flush for urinals.
(6) "Urinal" means a water-using urinal.
(7) "Wall-mounted/wall-outlet water closets" means models that are
mounted on the wall and discharge to the drainage system through the
wall.
(h) For purposes of this section, all consumption values shall be
determined by the test procedures contained in the American Society
of Mechanical Engineers standard A112.19.2-2003 or A112.19.14-2001.
(i) This section shall remain operative only until January 1,
2014, or until the date on which the California Building Standards
Commission includes standards in the California Building Standards
Code that conform to this section, whichever date is later.