California Civil Code Section 1101 requires installation of water-conserving plumbing fixtures when the existing plumbing fixtures are “non compliant”. There are various dates for compliance with these requirements depending upon the type of structure, when it was built and when it is sold.
A non compliant plumbing fixture means:
1.Any toilet manufactured to use more than 1.6 gallons of water per flush,
2.Any urinal manufactured to use more than one gallon of water per flush,
3.Any shower head manufactured to have a flow capacity of more than 2.5 gallons of water per minute, and
4.Any interior faucet that emits more than 2.2 gallons of water per minute.
Single Family Residences: A Single Family Residence (“SFR”) is defined as “property that is improved with a building containing not more than one unit that is intended for human habitation”. Under that definition, a single unit in a condominium or town house building that consists of other units is not considered a SFR under this statute.
Until December 31, 2016, if a SFR is altered or improved, the installation of compliant plumbing fixtures must be a condition of final permit approval.
However, after January 1, 2017, All SFR must comply with this law by replacing all non compliant plumbing fixtures whether or not the property is being remodeled or sold. As of that date, all Sellers of SFR will be required to disclose to potential Buyers whether the property includes any non compliant plumbing fixture. This statute has no exemptions or exceptions for any particular type of transactions such as court ordered sales, trust sales or REOs.
Real Estate Brokers cannot determine compliance with these regulations and will not verify the information supplied by Sellers or third parties.
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