HomeMy WebLinkAboutOrd 1991-2446A NOT APPROVED
ORDINANCE NO. 2446A
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE
CHULA VISTA MUNICIPAL CODE BY ADDING CHAPTER 9.70 TO
PROHIBIT THE INSTALLATION OF, AND THE SALE WITH INTENT TO
INSTALL, HIGH FLOW WATER FIXTURES, TO REQUIRE THE MARKING
OF HIGH FLOW WATER FIXTURES AND TO REQUIRE THE POSTING OF
NOTICE OF SAME AT RETAIL ESTABLISHMENTS OFFERING HIGH
FLOW WATER FIXTURES; IMPLEMENTING SAME ON AN URGENCY BASIS
The City Council of the City of Chula Vista does hereby ordain as follows:
SECTION I: The Chula Vista Municipal Code is hereby amended by adding
Chapter 9.70 to read as follows:
X. ENVIRONMENTAL PROTECTION AND CONSERVATION
Section 9.70.010. Regulation of Sale and Installation of High Flow Water
Fixtures.
0.1 Definitions.
O.l.1 "High Flow Water Fixture", for the purposes of this Section,
shall mean any of the following devices:
O.l.l.1 A toilet (also known as a water closet) which
permits the usage of greater than 3.5 gallons per
flush ("High Flow Toilet").
O.1.1.2 A shower nozzle which permits the usage of greater
than 2.5 gallons per minute per maximum volume
("High Flow Shower Nozzle").
0.1.1.3 A urinal which permits the usage of greater than 1.O
gallons per flush. ("High Flow Urinal").
0.1.1.4 A sink faucet which permits the usage of greater
than 2.5 gallons per minute ("High Flow Sink
Faucet").
0.1.1.5 A lavatory faucet which permits the usage of greater
than 2.0 gallons per minute ("High Flow Lavatory
Faucet").
Ordinance No. 2446A '
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0.1.2 "Retailer", for the purposes of this Section, shall mean any
person, including, but not limited to, an individual, firm,
association, or corporation, licensed by the City to conduct,
or conducting a commercial retail business.
0.2 Installation of High Flow Water Fixtures Within City.
It shall be illegal from and after April 15, 1991, for any person,
including but not limited to any individual, partnership, firm,
corporation, or association, to install a High Flow Water Fixture in
any building on property which, in whole or in part, is located
within the City limits of the City of Chula Vista.
0.3 Marking of High Flow Water Fixtures.
0.3.1 No Retailer in the City of Chula Vista shall offer a High
Flow Toilet (or water closet) within the City limits without
having clearly marked thereon, or if said toilet is presented
for sale in a package, then on the package in which the said
toilet is offered for sale, accurately and in a manner and
location clearly visible from on the outside of said package
the number of gallons, measured to the nearest 1/lOth of a '
gallon, which the toilet uses each flush, and the admonition
that the installation of the device in Chula Vista is illegal.
0.3.2 No Retailer in the City of Chula Vista shall offer a High
Flow Shower Nozzle within the City limits without having
clearly marked thereon, or if said shower nozzle is presented
for sale in a package, then on the package in which the said
shower nozzle is offered for sale, accurately and in a manner
and location clearly visible from on the outside of said
package, the number of gallons, measured to the nearest
1/lOth of a gallon, which said shower nozzle uses each minute
at maximum volume, and the admonition that the installation
of the device in Chula Vista is illegal.
0.3.3 No Retailer in the City of Chula Vista shall offer a High
Flow Urinal within the City limits without having clearly
marked thereon, or if said urinal is presented for sale in a
package, then on the package in which the said urinal is
offered for sale, accurately and in a manner and location
clearly visible from on the outside of said package, the
number of gallons, measured to the nearest 1/lOth of a
gallon, which said urinal uses each minute at maximum volume,
and the admonition that the installation of the device in
Chula Vista in illegal.
Ordinance No. 2446A
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0.3.4 No Retailer in the City of Chula Vista shall offer any High
Flow Sink Faucet within the City limits without having
clearly marked thereon, or if said faucet is presented for
sale in a package, then on the package in which the said
faucet is offered for sale, accurately and in a manner and
location clearly visible from on the outside of said package,
then number of gallons, measured to the nearest 1/lOth of a
gallon, which said faucet uses each minute at maximum volume,
and the admonition that the installation of the device in
Chula Vista is illegal.
0.3.5 No Retailer in the City of Chula Vista shall offer any High
Flow Lavatory Faucet within the City limits without having
clearly marked thereon, or if said faucet is presented for
sale in a package, then on the package in which the said
faucet is offered for sale, accurately and in a manner and
location clearly visible from on the outside of said package,
the number of gallons, measured to the nearest 1/lOth of a
gallon, which said faucet uses each minute at maximum volume,
and the admonition that the installation of the device in
Chula Vista is illegal.
0.4 Sale Knowing Intent to Install.
No Retailer in the City of Chula Vista shall sell a High Flow Water
Fixture to any purchaser when said Retailer knows, or should, in the
exercise of reasonable judgment, know, that the purchaser intends to
install same within the City of Chula Vista.
0.4.1 No Retailer shall be liable under this subsection if said
Retailer shall have posted the signage required by this
Section, and the purchaser has certifies in writing that the
High Flow Water Fixture is not for installation within the
City of Chula Vista.
0.5 Signage Required to be Posted.
Every Retailer in the City of Chula Vista which offers a High Flow
Water Fixture for sale shall post a sign in the building where said
Fixtures are offered for sale which contain the message and is
located pursuant to the provisions of this section.
0.5.1 Location of Signs in Building.
If the High Flow Water Fixture is displayed for view by
customers, the subject sign shall be posted in the immediate
vicinity of said High Flow Water Fixture or Fixtures at a
point which can be clearly seen by the customer at the same
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time the customer is viewing said subject Fixtures. If the
Hi gh F1 ow Water Fixture i s not di splayed for view by
customers, the subject sign shall be posted at or near all
entrance ways to the building.
0.5.2 Size of Type; Content of Sign.
The signs required by this Section shall contain the
following message in at least 50 point type, according to the
following type of High Flow Water Fixture:
0.5.2.1 High Flow Toilets: "Warning, it is illegal to
install in any building in the City of Chula Vista a
toilet which permits the usage of greater than 3.5
gal 1 ons per flush.
0.5.2.2 High Flow Shower Nozzles: "Warning, it is illegal
to install in any building in the City of Chula
Vista a shower nozzle which permits the usage of
greater than 2.5 gallons per minute."
0.5.2.3 High Flow Urinals: "Warning, it is illegal to
install in any building in the City of Chula Vista a
urinal which permits the usage of greater than 1.O
gallons per flush."
0.5.2.4 High Flow Sink Faucets: "Warning, it is illegal to
install in any building in the City of Chula Vista a
sink faucet which permits the usage of greater than
2.5 gallons per minute."
0.5.2.5 High Flow Lavatory Faucets: "Warning, it is illegal
to install in any building in the City of Chula
Vista a lavatory faucet which permits the usage of
greater than 2.0 gallons per minute."
0.6 Retailers Liable for Acts of Agents.
A Retailer who retains employees or agents to perform services for
said retailer shall be liable for the acts of said employees and
agents to the extent that said employees or agents violate the
provisions of this section while employed by, or acting on behalf
of, the Retailer.
SECTION 2: The City Council hereby finds that the regulation of High
Flow Water Fixtures are of utmost urgency and importance to the general
health, safety and welfare of the City of Chula Vista by virtue of the fact
that the City of Chula Vista and the County of San Diego are suffering from
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the fifth year of a drought condition and the prospect for water availability
in the foreseeable future is unclear and uncertain. The regulation of water
devices that waste existing water supplies is necessary to avoid the depletion
of our scarce water resources. According, this City Council finds that the
regulation of high flow water devices in the manner herein provided should be
enactd on an urgency basis.
SECTION 3: This ordinance shall take effect and be in full force and
effect immediately upon the adoption hereof by the affirmative votes of four
members of the City Council.
Presented by Approved as to form by
Kenneth G. Larsen Bruce M. Boogaard
Director of Building & Housing City Attorney