Chapter 8.70
INDOOR WATER USE EFFICIENCY
Sections:
8.70.010 Title.
8.70.020 Purpose.
8.70.030 Coordination with the plumbing code.
8.70.040 Applicability.
8.70.050 Definitions.
8.70.060 Minimum indoor fixture requirements.
8.70.070 Compliance with chapter.
8.70.080 Components of the indoor water use efficiency checklist.
8.70.090 Penalties and enforcement.
8.70.100 Public education.
8.70.010 Title.
The ordinance codified in this chapter shall be known and may be cited as the “Estero Municipal Improvement District indoor water use efficiency ordinance.” (Ord. 127 § 1 (part), 2010)
8.70.020 Purpose.
This chapter is adopted in light of the following facts and circumstances, which are hereby found and declared by the EMID (“district”) district board:
A. A reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the district and California.
B. San Mateo County is a semi-arid region and is largely dependent upon imported water supplies. Factors such as drought, a growing population, climate change, and environmental and regulatory concerns affect our region’s water reliability and make the region highly susceptible to water supply challenges.
C. Careful water management requires active water conservation measures, not only in times of drought but at all times, in order to ensure a reliable minimum supply of water to meet current and future water supply needs.
D. Article X, Section 2 of the California Constitution and Section 100 of the California Water Code declare that the general welfare requires water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof.
E. Whereas, the San Francisco public utilities commission has imposed an interim water supply limitation on its wholesale customers, including local water suppliers, until at least 2018.
F. Current supply and demand projections for the Bay Area water supply and conservation agency member agencies indicate that, in the absence of increased water conservation, water demands will exceed available water supplies in 2015 and implementation of water conserving ordinances is one mechanism by which agencies can reduce future water demands and remain within existing supplies.
G. The district board finds and determines that this chapter is consistent with the provisions requiring high efficiency water conserving fixtures and reductions in indoor water use in the 2007 California Plumbing Code and the California Green Building Standards Code, respectively, as such provisions will be implemented in the coming years. Implementation of this chapter is necessary to expedite the use of high efficiency water conserving fixtures and assist the Bay Area Water Supply and Conservation Agency (BAWSCA) member agencies in achieving water savings.
H. The State Legislature has identified the provision of a more reliable water supply and the protection, restoration and enhancement of the Delta ecosystem as a high priority for the state. Pursuant to this, in November 2009, the State Legislature passed Senate Bill 7 (7th Extraordinary Session) requiring certain urban water suppliers to reduce per capita urban water use by twenty percent by the year 2020. Accordingly, the district board finds that the implementation of this chapter is consistent with the policies and goals established by the State Legislature in enacting Senate Bill 7 (7th Extraordinary Session).
I. The State Legislature has identified urban water conservation as a cost-effective approach to addressing water supply needs and determined that there are many water conservation practices that produce significant energy and water resource savings that should be encouraged as a matter of state policy. Pursuant to this finding, the State Legislature passed Senate Bill 407 (Chapter 587, Stats. 2009), requiring all residential and commercial property owners to replace existing plumbing fixtures with water-conserving fixtures by 2017 and 2019, respectively, and to upgrade existing plumbing fixtures upon any remodel initiated after January 1, 2014. Senate Bill 407 further authorizes a city, county, or retail water supplier to enact local ordinances that promote compliant use of water efficient plumbing fixtures or which will result in a greater amount of water savings than those provided for in Senate Bill 407. Accordingly, the district board finds and determines that this chapter is consistent with the mandates of Senate Bill 407 and will result in water savings as provided for in Senate Bill 407.
J. The district has the power to perform all acts necessary to carry out fully the provisions of the County Water District Law (Water Code Section 31001), may establish rules and regulations for the distribution and use of water supplies (Water Code Section 31024), may adopt and enforce a comprehensive water conservation program to reduce potable water consumption and conserve supplies (Water Code Section 375), and may require, as a condition of new service, that reasonable water saving devices and water reclamation devices be installed to reduce water use (Water Code Section 31035).
K. The district has followed the procedures for notice, public participation and adoption set forth in Section 375 of the California Water Code.
L. The district board finds and determines that the more restrictive building standards for water conserving fixtures provided for in this chapter are reasonably necessary because of local climatic, geological or topographical conditions.
M. The district board finds and determines that this chapter is not subject to the California Environmental Quality Act (Public Resources Code Section 2100 et seq.) (“CEQA”) pursuant to Section 15307 (the activity assures the maintenance, restoration, enhancement, or protection of a natural resource) and Section 15378(b)(2) (the activity is not a project as it involves general policy and procedure making) of the state CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, since it makes and implements policies and procedures for ensuring that water resources are conserved by reducing water consumption through the use of water efficient indoor plumbing fixtures.
N. The adoption and enforcement of this chapter is necessary to manage the district’s potable water supply in the short and long term and to avoid or minimize the effects of drought and shortage within the district. This chapter is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare. (Ord. 127 § 1 (part), 2010)
8.70.030 Coordination with the plumbing code.
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, 2006 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 15, 2007, is adopted, and by reference incorporated herein as if set forth, as the plumbing code of the city establishing the rules, regulations, and standards within the 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, 2006 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 or the California Building Standards Code, then the provisions of this chapter shall supersede and control with regard to the indoor fixture requirements described herein. (Ord. 127 § 1 (part), 2010)
8.70.040 Applicability.
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 requiring a building permit, plan check, design review, or 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:
a. The cost of which exceeds fifty percent of property value; or
b. Requiring expanded water service.
B. This 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. 127 § 1 (part), 2010)
8.70.050 Definitions.
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./one hundred lbs. ice” means gallons per hundred pounds of ice.
E. “Gpf” means gallons per flush.
F. “Gpm” means gallons per minute.
G. “Local agency” shall mean the Estero Municipal Improvement District or the city of Foster City, which are responsible for adopting and implementing this chapter. The local agency is also responsible for the enforcement of this chapter, including but not limited to approval of a permit and plan check or design review of a project, and approval of a new or expanded water service application.
H. “LSI” means Langlier 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 the Estero Municipal Improvement District 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 an indoor water use efficiency checklist as required under Section 8.70.080, 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. (Ord. 127 § 1 (part), 2010)
8.70.060 Minimum indoor fixture requirements.
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):
|
Fixture |
Residential |
Nonresidential |
|
Toilets |
≤ 1.28 gpf, and |
≤ 1.28 gpf, and |
|
≥ 350 grams |
≥ 350 grams |
|
|
Urinals |
≤ 0.5 gpf |
≤ 0.5 gpf |
|
Showers |
≤ 2.0 gpm |
≤ 2.0 gpm |
|
Bathroom faucets |
≤ 1.5 gpm |
≤ 0.5 gpm |
|
Kitchen faucets |
≤ 2.2 gpm |
≤ 2.2 gpm |
|
Clothes washers |
≤ 6.0 water factor |
≤ 6.0 water factor |
|
Dishwashers |
≤ 6.5 gal./cycle, or Energy Star Qualified |
Energy Star Qualified |
|
Cooling towers |
≥ 5 – 10 cycles, or |
≥ 5 – 10 cycles, or |
|
≥ 2.5 LSI |
≥ 2.5 LSI |
|
|
Food steamers |
-- |
Boilerless, or self-contained |
|
Ice machines |
-- |
≤ 25 gal./100 lbs. ice, or air-cooled |
|
-- |
||
|
Pre-rinse spray valves |
-- |
≤ 1.15 gpm |
|
Automatic vehicle wash facilities |
-- |
≥ 50 percent of water that is recycled on site |
|
Commercial refrigeration |
-- |
Closed loop, or air-cooled |
|
Meters |
Submeters for RMF, and separate meter for outdoor if landscape > 5,000 sq. ft. |
Submeters, and separate meter for outdoor if landscape > 5,000 sq. ft. |
(Ord. 127 § 1 (part), 2010)
8.70.070 Compliance with chapter.
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 agency.
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 district for verification. (Ord. 127 § 1 (part), 2010)
8.70.080 Components of the indoor water use efficiency checklist.
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 Ordinance; and
D. Bear the signature of the project applicant, or that of a certified professional. (Ord. 127 § 1 (part), 2010)
8.70.090 Penalties and enforcement.
District may establish and administer penalties to the project applicant for noncompliance with this chapter to the extent permitted by law.
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 chapter 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. Violation—Misdemeanor. No person shall violate any provision or fail to comply with any requirement of this chapter. A person violating a provision or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor.
C. Violation—Penalty. A person convicted of a misdemeanor under this chapter, unless specific provision is otherwise made, shall be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period of not more than six months, or both.
D. Separate Offenses. Each person is guilty of a separate offense for each and every day during any portion of which the violation of this chapter is committed, continued or permitted by that person.
E. General Penalty—Continuing Violations. In addition to the penalties provided herein, any condition caused or permitted to exist in violation of a provision of this chapter is a public nuisance and may be summarily abated as such. Each day that the condition continues it is a new and separate offense. Pursuant to Section 38773.5 of the California Government Code, in any action, administrative proceeding, or special proceeding brought to abate a public nuisance, the prevailing party shall be entitled to reasonable attorneys’ fees. Recovery of attorneys’ fees shall be limited as follows:
1. To those actions or proceedings where the local agency has elected to recover attorneys’ fees at the initiation of such actions or proceedings.
2. The amount of attorneys’ fees in any action, administrative action, or special proceeding awarded to a prevailing party shall not exceed the amount of reasonable attorneys’ fees incurred by the local agency in the action or proceeding.
F. Code Violations. Notwithstanding any other provision of this chapter, whenever violation of any section contained in this chapter is punishable as a misdemeanor, the prosecuting attorney having jurisdiction to prosecute such misdemeanor may specify that the offense is an infraction and proceed with prosecution as an infraction, unless the defendant, at the time of his or her arraignment or plea, objects to the offense being made an infraction, in which event the complaint shall be amended to charge a misdemeanor and the case shall proceed on a misdemeanor complaint. (Ord. 127 § 1 (part), 2010)
8.70.100 Public education.
The local agency shall provide information to all applicants regarding the installation of water efficient fixtures and appliances. (Ord. 127 § 1 (part), 2010)