S-1135

AN ACT Relating to water use efficiency; and amending RCW 19.27.170.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 19.27.170 and 1989 c 348 s 8 are each amended to read as follows:

(1) The state building code council shall adopt rules under chapter 34.05 RCW that implement and incorporate the water conservation performance standards in subsections ((~~(3)~~)) (4) and ((~~(4)~~)) (5) of this section. These standards shall apply to all new construction and all remodeling involving replacement of plumbing fixtures in all residential, hotel, motel, school, industrial, commercial use, or other occupancies determined by the council to use significant quantities of water.

(2) The legislature recognizes that a phasing-in approach to these new standards is appropriate. Therefore, standards in subsection ((~~(3)~~)) (4) of this section shall take effect on July 1, 1990. The standards in subsection ((~~(4)~~)) (5) of this section shall take effect July 1, ((~~1993~~)) 1992.

(3) On and after July 1, 1992, no individual, public or private corporation, firm, political subdivision, government agency, or other legal entity for purposes of use in this state, shall distribute, sell, offer for sale, import, install, or approve for installation any plumbing fixtures unless such fixtures meet the standards as provided for in this section.

(4) Standards for water use efficiency effective July 1, 1990.

(a) Standards for waterclosets. The guideline for maximum water use allowed in gallons per flush (gpf) for any of the following waterclosets is the following:

Tank-type toilets............................... 3.5 gpf.

Flushometer-valve toilets....................... 3.5 gpf.

Flushometer-tank toilets........................ 3.5 gpf.

Electromechanical hydraulic toilets............. 3.5 gpf.

(b) Standard for urinals. The guideline for maximum water use allowed for any urinal is 3.0 gallons per flush.

(d) Standard for faucets. The guideline for maximum water use allowed in gallons per minute (gpm) for any of the following faucets and replacement aerators is the following:

Bathroom faucets................................ 3.0 gpm.

Lavatory faucets................................ 3.0 gpm.

Kitchen faucets................................. 3.0 gpm.

Replacement aerators............................ 3.0 gpm.

(e) Except where designed and installed for use by the physically handicapped, lavatory faucets located in restrooms intended for use by the general public must be equipped with a metering valve designed to close by spring or water pressure when left unattended (self-closing).

(f) No urinal or watercloset that operates on a continuous flow or continuous flush basis shall be permitted.

((~~(4)~~)) (5) Standards for water use efficiency effective July 1, 1993.

(a) Standards for waterclosets. The guideline for maximum water use allowed in gallons per flush (gpf) for any of the following waterclosets is the following:

Tank-type toilets............................... 1.6 gpf.

Flushometer-tank toilets........................ 1.6 gpf.

Electromechanical hydraulic toilets............. 1.6 gpf.

(b) Standards for urinals. The guideline for maximum water use allowed for any urinal is 1.0 gallons per flush.

(d) Standards for faucets. The guideline for maximum water use allowed in gallons per minute for any of the following faucets and replacement aerators is the following:

Bathroom faucets................................ 2.5 gpm.

Lavatory faucets................................ 2.5 gpm.

Kitchen faucets................................. 2.5 gpm.

Replacement aerators............................ 2.5 gpm.

(f) No urinal or watercloset that operates on a continuous flow or continuous basis shall be permitted.

(((5) The building code council shall make an assessment regarding the low-volume fixtures required under subsection (4) of this section. The assessment shall consider the availability of low-volume fixtures which are technologically feasible, will operate effectively, and are economically justified. The council shall also assess the potential impact on the necessary flow or water required to insure sewerage or septic lines and treatment plants will effectively operate.

The council shall submit a report to the chief clerk of the house of representatives and the secretary of the senate by October 30, 1992, setting forth its conclusions, and any recommendations for legislative action.))

(6) The building code council shall establish methods and procedures for testing and identifying fixtures which meet the standards established in this section. The council shall use the testing standards designated as American national standards, written under American national standards institute procedures or other widely recognized national testing standards. The council shall either review test results from independent testing laboratories which are submitted by manufacturers of plumbing fixtures or accept data submitted to and evaluated by the international association of plumbing and mechanical officials. The council shall publish and widely distribute an up-to-date list of fixtures that meet the standards of this section.

(7) The building code council shall adopt rules and regulations for marking and labeling fixtures meeting the standards of this section.

(8) The provisions of this section shall not apply to fixtures installed prior to the effective date of this section which are removed and relocated to another room or area of the same building after the effective date of this section, nor shall they apply to fixtures, as determined by the council, which in order to perform a specialized function, cannot meet the standards specified in this section.

(9) The water conservation performance standards shall supersede all local government codes. After July 1, 1990, cities, towns, and counties shall not amend the code revisions and standards established under subsection ((~~(3)~~)) (4) or ((~~(4)~~)) (5) of this section.