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SB 407 – Water Fixture Replacement Requirements
Codified as California Code Sections 1101.1 through 1101.8
 

Current Requirement
When a property built on or before January 1, 1994 is undergoing additions, alterations, or improvements; SB 407 requires non-compliant plumbing fixtures to be replaced with water conserving fixtures. 

Future Requirements
For single family units, these features must be replaced regardless of additions, alterations, or improvements by January 1, 2017. For multi-family units, they must be replaced by January 1, 2019. Duplexes and attached units are considered single family units.

Future Disclosure Requirements
As of January 1, 2017, the seller or transferor of single family units must disclose to a purchaser, in writing, requirements for replacing plumbing fixtures. In addition, the seller must disclose whether the real property includes noncompliant plumbing fixtures. The start date of this requirement for multifamily units is January 1, 2019.
 
Plumbing Fixtures Considered Noncompliant:
  • Toilets that use more than 1.6 gallons of water per flush (gpf). 
  • Urinals that uses more than 1 gpf. 
  • Showerheads that have a flow capacity of more than 2.5 gallons of water per minute (gpm). 
  • Interior faucets that emits more than 2.2 gpm.
The maximum gpf or gpm on a particular water fixture is typically determined by the year it was manufactured.  For instance, toilets manufactured between 1980 and 1992 usually use 3.5 gpf.  In 1994 the federal government mandated that manufactured toilets use an average of 1.6 gpf or less.  These standards and dates very by water fixture. 
 
Here is how to determine the gpf or gpm for each type of fixture.  
  • On toilets, the gpf is often listed next to the hinges or inside the tank.  If not, look for the amount of liters, or year manufactured.  1.6 gpf is 6.1 liters. 
  • On showerheads, the gpm is usually listed in VERY small print near the rim, where the shower head attaches to the water supply. 
  • On faucets, the gpm is also usually listed near the rim next to the aerator. 
There are manual methods to determine the flow or flush rates for each fixture.  If you cannot find the gpf or gpm, please contact me and I can send you more information. 
 
According to the California Energy Commission’s Appliance Efficiency Regulations here are the requirements for water fixtures manufactured after January 1, 2016.  Retailers, however, are permitted to sell products purchased prior to that date.   
  • Single flush toilets:   1.28 gpf.
  • Dual flush toilets, composite average:   1.28 gpf 
  • Wall mounted urinals:   0.125 gpf.
  • Other urinals:   0.5 gpf. 
  • Showerheads:   2 gpm at 80psi. 
  • Bathroom faucets:    1.5 gpm
  • Kitchen faucets:    1.8 gpm
If you have any questions, again please contact me. Thank you.

Tony Capitelli, Government Affairs Director
Orange County Association of REALTORS®
25552 La Paz Road, Laguna Hills, CA 92653
(949) 586-6800 ext. 106
TonyC@ocar.org                 

Disclaimer – This update is intended as a general advisory, and is not intended as a substitute for individual legal advice. Advice in specific situations may differ depending upon a wide variety of factors. Therefore, readers with specific legal questions should seek the advice of an attorney.
 
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