§ 5-5. Water conservation plumbing implements.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Commercial means any type of building other than residential.

Construction means the erection of a new building or the alteration of an existing building in connection with its repair or renovation or in connection with making an addition to an existing building and shall include the replacement of a malfunctioning, unserviceable, or obsolete faucet, showerhead, toilet, or urinal in an existing building.

Residential means any building or unit of a building intended for occupancy as a dwelling but shall not include a hotel or motel.

(b)

Residential requirements. On or after July 1, 1991, no construction may be initiated within the city for any residential building of any type which:

(1)

Employs a gravity tank-type, flushometer-valve, or flushometer-tank toilet that uses more than an average of 1 6/10 gallons of water per flush; provided, however, this subsection shall not be applicable to one-piece toilets until July 1, 1992;

(2)

Employs a showerhead that allows a flow of more than an average of 2½ gallons of water per minute at 60 pounds per square inch of pressure;

(3)

Employs a urinal that uses more than an average of one gallon of water per flush;

(4)

Employs a lavatory faucet or lavatory replacement aerator that allows a flow of more than two gallons of water per minute; or

(5)

Employs a kitchen faucet or kitchen replacement aerator that allows a flow of more than 2½ gallons of water per minute.

(c)

Commercial requirements. On or after July 1, 1992, there shall be no construction of any commercial building initiated within the city for any commercial building of any type which does not meet the requirements of subsection (b) of this section.

(d)

Applicability. The requirements of subsection (b) of this section shall apply to any residential construction initiated after July 1, 1991, and to any commercial construction initiated after July 1, 1992, which involves the repair or renovation of or additon to any existing building when such repair or renovation of or addition to such existing building includes replacement of toilets or showers or both.

(e)

Exemptions. New construction and the repair or renovation of an existing building shall be exempt from the requirements of subsection (b) of this section when:

(1)

The repair or renovation of the existing building does not include the replacement of the plumbing or sewage system servicing toilets, faucets or showerheads within such existing building;

(2)

When such plumbing or sewage system within such existing building, because of its capacity, design, or installation would not function properly if the toilets, faucets or showerheads required by this section were installed;

(3)

Such system is a well or gravity flow from a spring and is owned privately by an individual for use in such individual's personal residence; or

(4)

Units to be installed are:

a.

Specifically designed for use by the handicapped;

b.

Specifically designed to withstand unusual abuse or installation in a penal institution; or

c.

Toilets for juveniles.

The owner, or his agent, of a building undergoing new construction or repair or renovation who is entitled to an exemption as specified in subsection (2), (3) or (4) of this section shall obtain the exemption by applying at the office of the building inspector. A fee of $15.00 shall be charged for the inspection and issuance of such exemption.

(f)

Enforcement; penalty. The provisions of this section shall be enforced by the office of the building inspector. Citations for violations may be issued by the chief building inspector. Any person violating the provisions of this section shall be punished in accordance with section 1-14.

(Ord. No. 462, §§ 1—6, 5-9-91)

State law reference

Similar provisions, O.C.G.A. § 8-2-3.