§ 15-0314. Powers and responsibilities with respect to certain plumbing

fixtures.

1. On and after the effective date of this section, no individual,
public or private corporation, political subdivision, government agency,
department or bureau of the state, municipality, industry,
co-partnership, association, firm, trust, estate or other legal entity
shall, for purposes of use in this state, distribute, sell, offer for
sale, import or install any sink faucet or lavatory faucet, shower head,
drinking water fountain, urinal or water closet, including tank-type
toilets, flushometer-tank toilets, flushometer-valve toilets,
electromechanical hydraulic toilets, and all other types of toilets that
use water and associated flush-valve, if any, unless it shall meet the
water saving performance standards as provided for in subdivision two of
this section.

2. The water saving performance standards for sink and lavatory
faucets, shower heads, drinking water fountains, urinals and water
closets, including tank-type toilets, flushometer-tank toilets,
flushometer-valve toilets, electromechanical hydraulic toilets,
dual-flush toilets and all other types of toilets that use water shall
be as follows:

(a) for lavatory faucets, at a constant water pressure of sixty pounds
per square inch, maximum flow shall not exceed 1.5 gallons of water per
minute (or .25 gallons per cycle for lavatory faucets designed as
metering faucets) and provided that those faucet models installed in
public buildings must be of a self-closing variety and must be designed
to limit the discharged flow rate of water to a maximum of .5 gallons
per minute at a constant water pressure of sixty pounds per square inch
or must be of the metering type which limit the discharge of water to a
maximum of .25 gallons per cycle; and

(b) for sink faucets, at a constant water pressure of sixty pounds per
square inch, maximum flow shall not exceed 2.2 gallons of water per
minute; and

(c) for shower heads, at a constant water pressure of eighty pounds
per square inch, maximum flow shall not exceed 2.0 gallons of water per
minute; and

(d) for urinals and associated flush-valve, if any, maximum flow shall
not exceed an average of 0.5 gallons of water per flush (except for
urinals designated and marketed exclusively for use in prisons or mental
health care facilities); and

(e) except for water closets and toilets designed and marketed
exclusively for use in prisons or mental health care facilities, (1) for
water closets and associated flush-valve, if any, maximum flow shall not
exceed an average of 1.28 gallons of water per flush; (2) for dual-flush
tank-type water closets, the average of two reduced flushes and one full
flush shall not exceed 1.28 gallons of water per flush; and (3) for
dual-flush flushometer-valve water closets, maximum flow shall not
exceed an average of 1.28 gallons of water per flush; and

(f) drinking water fountains must be of a self-closing variety.

3. Each shower head, sink or lavatory faucet, both box and product,
shall be marked and labeled, and each water closet or urinal, or each
component if the water closet or urinal is comprised of two or more
components, both box and product, shall be marked and labeled in
accordance with the latest revision of the standards designated American
National Standards, written under American National Standards Institute
(ANSI), and, as applicable, the following United States Environmental
Protection Agency watersense program specification: showerheads (July
26, 2018), tank-type toilets (June 2, 2014), lavatory faucets (October
1, 2007), flushing urinals ( August 14, 2009), and flushometer-valve
toilets (December 17, 2015).

4. The commissioner may permit the sale and installation of water
closets, blow out toilets and associated flush-valves, if any, which do
not meet the standards provided for in subdivision two of this section
if after application therefor it is determined by the commissioner that
the installation of fixtures which meet such standards would be
detrimental to the operation of the existing sewerage system or part of
such system, servicing such fixtures.

5. The provisions of this section shall not apply to fixtures which
were in compliance with this section and other applicable provisions of
law on the date on which they were installed which are removed and
relocated to another room or area of the same building or to another
building owned or leased by the owner of the building from which such
fixtures were removed after the effective date of this section, nor
shall they apply to fixtures such as safety showers, bedpan washer
equipped water closets and aspirator faucets, which, in order to perform
a specialized function, cannot meet the standards specified in
subdivision two of this section.

6. "Public building" as used in this section, means any building or
portion thereof, used or controlled by any department or branch of a
state or local government, or which is constructed wholly or partially
through state or municipal funds, including tax funds, funds obtained
through bond issues or grants or loans under any state law, which is
likely to be used by the public, including, but not limited to theaters,
concert halls, auditoriums, museums, schools, libraries, recreation
facilities, transportation terminals and stations, factories, office
buildings and building establishments. In addition, "public building"
includes those facilities such as stores, restaurants and hotels which
have restrooms which are open to the public or the clientele of the
facility but not including private restrooms which are part of sleeping
quarters in such a facility. The term "public building" does not include
privately owned residential structures, public housing structures, or
police, fire or correction structures.

7. A violation of the provisions of this section shall be liable for a
penalty pursuant to section 71-1127 of this chapter.

8. The commissioner, to the extent practicable and appropriate, shall
utilize the latest revision of the standards designated American
National Standards, written under American National Standards Institute
(ANSI) procedures in determining requirements under this section, and,
as applicable, the following United States Environmental Protection
Agency watersense program specification: showerheads (July 26, 2018),
tank-type toilets (June 2, 2014), lavatory faucets (October 1, 2007),
flushing urinals (August 14, 2009), and flushometer-valve toilets
(December 17, 2015).