Section 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, and  all
  other types of toilets that use water shall be as follows:
    (a)  for  lavatory  faucets,  at  a  constant water pressure of eighty
  pounds per square inch, maximum flow shall not  exceed  2.5  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 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 eighty pounds
  per square inch, maximum flow shall not exceed 2.5 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 2.5 gallons of water  per
  minute; and
    (d) for urinals and associated flush-valve, if any, maximum flow shall
  not exceed an average of one gallon of water per flush; and
    (e) for water closets and associated flush-valve, if any, maximum flow
  shall  not  exceed an average of one and six-tenths 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).
    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.