SAN FRANCISCO—Owners and operators of commercial and multifamily properties in California must upgrade to compliant water-saving plumbing fixtures before January 1, 2019, pursuant to California Civil Code Section 1101. In this exclusive, Paul Nash, an attorney with Allen Matkins, recently discussed the requirements, properties affected and compliant fixtures with regard to these upgrades.
GlobeSt.com: What are the requirements of California Civil Code Section 1101?
Nash: This statute requires that certain properties be fully equipped with water-conserving plumbing fixtures. Owners and operators of these properties must replace all noncompliant fixtures before January 1, 2019. Additionally, if one of these properties is to be sold, the seller must provide a written notice to prospective buyers outlining the requirements of Civil Code Section 1101 and whether the property fully complies with the code's requirements.
GlobeSt.com: To whom does it apply?
Nash: Civil Code Section 1101 applies to all residential and commercial properties built and available for use or occupancy on or before January 1, 1994. The retrofit requirements regarding single-family residential properties went into effect January 1, 2017, while the retrofit requirements regarding multifamily residential and commercial properties go into effect January 1, 2019.
GlobeSt.com: What fixtures are considered compliant and non-compliant?
Nash: According to the statute, compliant plumbing fixtures include toilets manufactured to use 1.6 gallons or less per flush, urinals manufactured to use one gallon or less per flush, showerheads manufactured to have a flow capacity of 2.5 gallons per minute or less, and faucets that emit 2.2 gallons per minute or less. Non-compliant fixtures can be defined as any fixture that uses more water than what is defined above.
GlobeSt.com: Are there any exceptions to this code?
Nash: Yes, properties that are exempt to this statute include registered historical sites, buildings for which water service is permanently disconnected and any property for which a licensed plumber certifies that installation of water-conserving plumbing fixtures is not technically feasible due to the building's age or configuration.
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Lisa Brown
Lisa Brown is an editor for the south and west regions of GlobeSt.com. She has 25-plus years of real estate experience, with a regional PR role at Grubb & Ellis and a national communications position at MMI. Brown also spent 10 years as executive director at NAIOP San Francisco Bay Area chapter, where she led the organization to achieving its first national award honors and recognition on Capitol Hill. She has written extensively on commercial real estate topics and edited numerous pieces on the subject.
