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HomeMy WebLinkAbout1992/10/12 Board of Appeals & Advisors Agenda Packet (2) ~~ * 4B MEMORANDUM SCANNED 7/:;¿C¡ /01 JP October 2, 1992 Date TO: InterAgency Water Task Force FROM: Barbara Bamberger, Environmental Resource Manager Ken Larsen, Director of Building and Housing SUBJECT: Water Retrofit Ordinance In drafting a Water Offset Ordinance there are a number of elements that shall be included in an overall offset program. These are: 1. Retrofit upon resale and bathroom/restroom remodel with the intent of creating permanent water savings through mechanical modifications of water closets, showerheads, and faucets in existing neighborhoods and homes. 2. A public institutions retrofit program, in conjunction with the Counry Water' Authoriry Public Institutions Program, 3, An Off-set element for new development, which may result in an applicant choosing between off-site retrofits to save water offsite to offset the increased water demands associated with their projects, And/or an in lieu fee to fund a reclamation plant and/or distribution pipeline system to offset the increased water demands associated with their project. The following proposal is an outline for Item 1, the Water Retrofit Ordinance for Existing Communities. Item 2 is pending a grant approval from the Metropolitan Water District in conjunction with the Counry Water Authority, and item 3 is currently being developed and will be brought back to the Task Force in 30 days. WATER RETROFIT ORDINANCE OUTllNE As part of the water offset program, a retrofit ordinance will focus on water efficiency and use reduction in existing communities: 1 1. PURPOSE 1. A Water Retrofit Ordinance is necessary for two reasons: a. To aid in decreasing the outflow of sewage and cost of the sewage treatment facility by reducing the amount of water sent to the Point Loma Treatment Plant, and b. To increase the supply of potable water through conservation. 2. This Water Retrofit Ordinance shall address: a. Requiring retrofitting of plumbing fixtures with water-conserving fixtures upon change of ownership of homes, and b. Requiring retrofitting of water-conserving plumbing fixtures upon bathroom alteration (remodels). II. DEFINffiONS The provisions of the ordinance shall apply to all persons, customers, properry and businesses within the City of Chula Vista, . A. A "water-conservinS!: DlumbinS!: fixture" is defined by a toilet using a maximum of 1,6 gallons of water per flush, of urinals using a maximum of 1.0 gallons of water per flush, showerheads with a maximum flow capacity of 2.5 gallons per minute, faucets that have a maximum of 2.2 gallons per minute and shut-off valves for residential reverse osmosis systems. B. "Nonwater-conservinS!: DlumbinS!: fixtures" is defined as any toilet using more than 1.6 gallons of water per flush, urinals using more than 1.0 gallons of water per flush, showerheads with a flow capacity of more than 2.5 gallons of water per minute and faucets that emit more than 2.2 gallons of water per minute as well as residential reverse osmosis systems not equipped with shut- off valves. C. "Retrofit" is defined by replacing existing plumbing fixtures with water- conserving plumbing fixtures. D. "A chanS!:e in ownershiD" is defined by a transfer of present interests in real properry at point of sale or a transfer of the right to use the properry. E. "Retrofit UDon bathroom alteration" is defined by any alteration or addition of a bathroom that would necessitate obtaining a building or plumbing permit. ~ F. "Alteration" is defined by either a structural or plumbing modification requiring permits. EXEMPTIONS G, Exemptions shall be granted for buildings registered on the Historic Site Preservation Ust for special historic and architectural-style homes such as Victorian styles where authentic plumbing fixtures are necessary to match the particular architectural style. H. In special cases, an exemption request shall be made to the Building and Housing Director regarding substandard domestic wastelines which may be ) unable to convey lower flow water closet waste. Retrofit upon chanS?:e of ownership Retrofit upon change of ownership would include residential, commercial, industrial structures and shall be retrofitted at point of sale if the plumbing fixtures are not already retrofitted, exclusively with water-conserving plumbing fixtures. Compliance may be included as a condition of escrow and the cost for compliance may be either paid from proceeds of sale for completion of the work required or may be decided by the buyer and seller as part of the escrow process, . Bathroom Remodels. All structures including residential, commercial restrooms, and industrial restrooms shaH be retrofitted exclusively with water-conserving plumbing fixtures upon batþroom alterations, III. ENFORCEMENT Enforcement of Ordinance. 1. A Water Conservation Retrofit Certificate must be filed with the City prior to transfer of ownership. The ordinance shall require the seHer to deliver to the buyer and the Administrative Authority prior to transfer of title, a written certificate statement that the water-conserving fixtures, as specified in the ordinance, are installed in compliance with the ordinance requirements. 2. Certificates received by the Administrative Authority shaH be subject to verification by Building and Housing Department inspection on a random basis. -ª Staff is suggesting two alternatives to aid in the enforcement process, as described below: ALTERNATIVE 1 SELF VERIFICATION a) Items 1 and 2 in section III (enforcement) shall apply. b) The seller must retrofit prior to the transfer of ownership. The cost of retrofitting may be negotiated between the buyer and seller. If the seller willfully signs the Water Retrofit Certificate, but the retrofit has not been complete, the seller is liable to the buyer in the amount of a $500.00 fine for each water closet and $50 for each showerhead. In turn, the buyer is required to use the fine only for retrofitting and must file a Retrofit Certificate. c) A disclosure fonn shall be signed by both the real estate agent and the seller, which states that the agent has made the seller aware of this fine, the seller has knowledge of this fine, and has truthfully signed the certificate and willfully acknowledges that he/she has retrofitted, ALTERNATIVE 2 THIRD PARTY VERIFICATION . The most efficient enforcement system for this ordinance would include a third party verification process, This would eliminate the lack of verification the City of San Diego has experienced in cases where a seller signs the certificate proclaiming he/she has retrofitted, but in fact has not, a) Items 1 and 2 in section III (enforcement) shall apply, b) Verification from one of three choices below shall be required to,~ the retrofit certificate, along with the sellers signature. The certificate shall not be complete unless it has been signed by on of the either: (7) 1, a C36 State licensed plumber shall verify completion of the retrofit and sign the retrofit certificate, along with the seller's signature. 2. A Home inspector, as part of the regular home inspection process. 3, A city inspector. IV. CERTIFICATE FORMS The certificate fonns shall be available through the Building and Housing Department, and the Board of Realtor's office. We will embark on an aggressive public infonnation ~ campaign to distribute forms and educate the real estate industry and other related , industries on the City's new requirements, There will be a small processing fee of $10.00 to file the Water Conservation Certificate, The certificate LJillalso be submitted by homeowners that comply with the Water Retrofit Rebate Program through the Otay Water District and the Sweetwater District. V. PLUMBING PERMIT REQUIREMENT FOR BUILDINGS WIlli 8 OR MORE UNITS It is the transferor's (sellers) responsibility to obtain the necessary plumbing permit for replacement of toilets for buildings with eight or more units, The Water Conservation Certificate is required for all buildings with eight or fewer units, A plumbing permit shall be required for buildings with 8 or greater units prior to retrofit upon alteration or point of sale. VI. ADMINISTRATION OF PROGRAM A computer administrative process shall be maintained to provide future verification that water-conserving plumbing fixtures have been installed. The Building and Housing Department is committed to help develop the necessary administrative process for verification and record-keeping. Certificates will also be necessary for those who voluntarily install water conservation plumbing fixtures, . VII. WHERE DO All. THE OLD WATER CLOSETS GO? Staff is currently exploring a number of options for recycling the old water closets. The most impressive option at this time is a program that sends old toilets to a processor who grinds the porcelain and mixes it with a miscellaneous base used for road construction material. This base meets or exceeds Caltrans specifications for class II road material for public works projects. At the Ciry of Escondido, the Public Works department has cut the cost of their base material due to this program from $25.00 per cubic yard to $17.00 per cubic yard, Staff will bring more details and recommendations on this element to the next Interagency Water Task Force meeting, along with cost estimates, Penalties. Penalties shall include: (a) a section on monetary fines for violation of the ordinance, (b) a fine for violation of the ordinance for removal of water-conserving plumbing fixtures, (c) a fine placed against the seller used for retrofitting by the buyer for each toilet that is willfully misrepresented as retrofitted by the seller. .2 REBATE PROGRAM (The following will not be part of the ordinance, but will require coordination with the two Water Districts): Rebate Prosmun and its relation to this ordinance It is staffs recommendation to keep the two programs separate. Individuals that must retrofit due to the ordinance should not receive the benefit of a rebate unless they retrofit with a substantial amount of time prior to the sale or remodel of the unit in question, The purpose of operating the two programs separately is that results of the two programs will reach a much wider market, Otherwise, we will be compensating residents to comply with a Ciry ordinance through the rebate program, If the Water Districts detennine that retrofit rebates will be granted upon point of sale as well as upon voluntary retrofitting, staff is suggesting limiting the rebate for those residents to $25.00 per toilet in order to stretch the rebate funding as far as possible. This is particularly true for those that have 4 or more units to retrofit. Hotel and Aparttnent Complexes. It is suggested that proportionate rebates be allocated for hotels or apartment complexes. For example, for three to eight ULFTs installed, we may allow a rebate of $25-$50 per toilet, for nine to 20 installed, we may allow a rebate of $10-25 per toilet, etc...If there are a few large projects, without a proportional system, much of the rebate money will be wiped out, The rebate program is run through the various water districts and the Counry- Water Authority and checks are issued to the retrofitter as long as the toilets are on the approved list which we will make available to all water users. Q ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTION TO THE CHULA VISTA MUNICIPAL CODE RELATING WATER-CONSERVING PLUMBING The City Council of the city of Chula vista does ordain as follows: SECTION I: section is hereby added to the Chula vista Municipal Code to read as follows: Sec. Water-Conserving Plumbing Standards Upon Change of Property Ownership or Upon Bathroom/Restroom Alteration a. Purpose. It is the purpose of this section to reduce sewer flows and decrease the use of imported, potable water in the city of Chula vista by establishing water conservation plumbing standards for plumbing fixtures Retrofitted upon Change of Ownership or upon Bathroom Alteration or upon Restroom Alteration. It is the further purpose of this section to decrease the outflow of sewage and cost of the Sewage Treatment Facility by reducing the volume of sewage produced by the City of Chula vista. b. Scope. The provisions of this section apply to the installation of Water-Conserving Pluming Fixtures upon Change of Ownership or upon Bathroom/Restroom Alteration. c. Application. The provisions of this section apply to all persons, customers and property within the City of Chula vista city limits. d. Definitions. The following definitions apply to this section: 1. "Water-Conserving Plumbing Fixtures" means any toilet using a maximum of 1.6 gallons of water per flush, urinals that use a maximum of 1.0 gallon of water per flush, showerheads with a maximum flow capacity of 2.5 gallons of water per minute, faucets that emit a maximum of 2.2 gallons of water per minute, and shutoff valves for residential reverse osmosis systems. 2 . "Non-Water Conserving Plumbing Fixtures" means any toilet using more than 1.6 gallons of water per flush, urinals using more than 1.0 gallons of water per flush, showerheads with a flow capacity of more than 2.5 gallons of water per minute, faucets that emit more than 2.2 gallons of water per minute, and residential reverse osmosis systems not equipped with shutoff valves. 3. "Retrofit" means replacing "Non-Water Conserving Fixtures" with "Water-Conserving Plumbing Fixtures." 4. "Change of Ownership" means a transfer of present interest in real property, or a transfer of the right to beneficial use thereof, the value of which is substantially equal to the proportion of the ownership interest transferred. 5. "Existing structure" means any structure built and available for use or occupancy on or before January "1, 1992 containing non-Water Conserving Fixtures. 6. "Bathroom Alteration" means any structural or plumbing modification of, or addition of a bathroom that would necessitate obtaining a building or plumbing permit mandated by Chula vista Municipal Code Section . 7. "Restroom" is any bathroom in a structure other than a residence. . 8. "Restroom Alteration" means any structural or plumbing modification of, or addition of a restroom that would necessitate obtaining a building or plumbing permit mandated by Chula Vista Municipal Code section . 9. "Water Conservation certificate" mens a certificate acknowledging that installation of Water-Conserving Plumbing Fixtures has been completed and has been submitted to the Department of Building and Housing by a transferor upon Change of Ownership, or by a property owner or manager upon Bathroom Alteration, or by a property owner or manager upon Restroom Alteration. e. Retrofit Upon Change of Ownership. 1. All Existing Plumbing Fixtures in Existing Structures, including residential, commercial, and industrial structures, shall, at the time of Change of Ownership, be Retrofitted, if not already done, exclusively with Water-Conserving Plumbing Fixtures. At the discretion of the transferor, compliance with this section may be included as a condition of the escrow, and the costs of compliance may be paid from the proceeds of sale for completion of the work required. Nothing in this section prevents buyer and seller from sharing the cost between themselves, or from negotiating any other terms with respect to the cost burden of the retrofit. f. Retrofit Upon Bathroom Alteration. All structures, including residential, commercial, and industrial structures, shall, upon Bathroom Alteration, be Retrofitted exclusively with Water-Conserving Plumbing Fixtures. At any time a building or plumbing permit is required for bathroom/restroom Alteration, it is the owner's responsibility to retrofit exclusively with Water-Conserving Plumbing Fixtures. g. Retrofit Exemption. The Department of Building and Housing may grant an exemption in the following cases: 1. Unavailability of Water-Conserving Plumbing Fixtures to match a well-defined historic architectural style (i.e. Victorian, Mission), fitted with authentic plumbing fixtures, in a local, state or federally designated building of historic significance. 2. Mechanical Incompatibility. h. Compliance. 1. Upon Retrofitting with Water-Conserving Plumbing Fixtures, the transferor, upon Change of Ownership, or the titlé holder, upon Bathroom or Restroom Alteration, shall submit to the Department of Building and Housing a "Water Conservation Certificate," the form of which is available from the Director of Building and Housing, verifying that Water-Conserving Plumbing Fixtures have been installed. The transferor's agent or broker, if one exists, shall verify in writing that he/she has explained the penalties for false verification (described in section k) to the transferor. The transferor shall acknowledge in writing that he/she has been informed of the penalties and that his/her verification is truthful. ------------------------------------------------------------------- (1). ALTERNATE TO SECTION h1, above: upon Retrofitting with Water-Conserving Plumbing Fixtures, the transferor, upon Change of Ownership, or the title holder, upon Bathroom or Restroom Alteration, shall submit to the Department of Building and Housing a "Water Conservation certificate", the form of which is available from the Director of Building and Housing. Transferor or title holder shall arrange to have his Water-Conserving Plumbing Fixtures inspected by [CHOOSE 1: a licensed plumber/City building inspector] who will verify in writing that the required Water-Conserving Plumbing fixtures have been installed, based on personal inspection. The inspection shall be at transferor's/title holder's cost. ------------------------------------------------------------------- 2. "Water Conservation certificates" shall be maintained by the Department of Building and Housing in order to provide future verification that Water-Conserving Plumbing Fixtures have been installed. 3. "Water Conservation Certificates" shall also be available to those who voluntarily install Water-Conserving plumbing Fixtures or have installed Water-Conserving Plumbing Fixtures prior to the passage of this law. j. Unlawful acts. 1. It is unlawful for any person, firm, partnership, association or corporation, to violate, to cause, or to maintain a violation of this section. 2 . It is unlawful for any person, firm, partnership, association or corporation to remove, or to cause the removal of Water-Conserving Plumbing Fixtures that have been installed pursuant to this section. 3. It is unlawful for any person to make any false statement in the Water Conservation Certificate. 4. In addition to any other remedy provided by this Code, any provision of this section may be enforced by injunctioñ issued by the Superior Court upon a suit brought by the City of San Diego. 5. In addition to any other remedy provided by this Code, any provision of this section may be enforced by an administrative order issued pursuant to any one of the administrative processes set forth in Chula Vista Municipal Code Section . k. Enforcement. 1. The Department of Building and Housing is authorized and empowered to enforce the provisions of this section. 2. Every person, firm, partnership, association or corporation that violates, causes or maintains a violation of any provision in this section is subject to the penalties imposed by Chula vista Municipal Code section . SECTION II: This ordinance takes effect and is in force on and applies to any escrow opened on or after . Plumbing permits issued prior to and property transfers in which an escrow has been opened prior to , provided that such escrows close on or before shall not be effected by this ordinance. Presented by Approved as to form by Ruth M. Fritsch Assistant City Attorney (F:\Home\Attomey\Plumbing) .