Transfer of Real PropertyInstallation of Water Use Efficiency Improvements

Section § 1101.1

Explanation

This law section highlights the importance of having a reliable and environmentally friendly water supply system for California's future. It stresses the need for water conservation, especially in growing urban areas, and recognizes that efficient water use can save energy and resources. Since 1991, urban water agencies have learned strategies to conserve water effectively. The law encourages the implementation of water-saving plumbing fixtures in buildings from before 1994 and suggests that water suppliers support property owners with incentives and funding to make these changes.

The Legislature finds and declares all of the following:
(a)CA Civil Law Code § 1101.1(a) Adequate water supply reliability for all uses is essential to the future economic and environmental health of California.
(b)CA Civil Law Code § 1101.1(b) Environmentally sound strategies to meet future water supply and wastewater treatment needs are key to protecting and restoring aquatic resources in California.
(c)CA Civil Law Code § 1101.1(c) There is a pressing need to address water supply reliability issues raised by growing urban areas.
(d)CA Civil Law Code § 1101.1(d) Economic analysis by urban water agencies has identified urban water conservation as a cost-effective approach to addressing water supply needs.
(e)CA Civil Law Code § 1101.1(e) There are many water conservation practices that produce significant energy and other resource savings that should be encouraged as a matter of state policy.
(f)CA Civil Law Code § 1101.1(f) Since the 1991 signing of the “Memorandum of Understanding Regarding Urban Water Conservation in California,” many urban water and wastewater treatment agencies have gained valuable experience that can be applied to produce significant statewide savings of water, energy, and associated infrastructure costs. This experience indicates a need to regularly revise and update water conservation methodologies and practices.
(g)CA Civil Law Code § 1101.1(g) To address these concerns, it is the intent of the Legislature to require that residential and commercial real property built and available for use or occupancy on or before January 1, 1994, be equipped with water-conserving plumbing fixtures.
(h)CA Civil Law Code § 1101.1(h) It is further the intent of the Legislature that retail water suppliers are encouraged to provide incentives, financing mechanisms, and funding to assist property owners with these retrofit obligations.
water supply reliability urban water conservation wastewater treatment ...

Section § 1101.2

Explanation

This law applies to all residential and commercial properties that were constructed and ready for use by January 1, 1994, unless Section 1101.7 states otherwise.

Except as provided in Section 1101.7, this article shall apply to residential and commercial real property built and available for use on or before January 1, 1994.
residential property commercial property built before 1994 ...

Section § 1101.3

Explanation

This law section defines important terms related to real property in California. It clarifies what counts as commercial, multifamily, and single-family residential properties. It also specifies what counts as noncompliant and water-conserving plumbing fixtures. Finally, the section explains what constitutes a 'sale or transfer' of property.

For the purposes of this article:
(a)CA Civil Law Code § 1101.3(a) “Commercial real property” means any real property that is improved with, or consisting of, a building that is intended for commercial use, including hotels and motels, that is not a single-family residential real property or a multifamily residential real property.
(b)CA Civil Law Code § 1101.3(b) “Multifamily residential real property” means any real property that is improved with, or consisting of, a building containing more than one unit that is intended for human habitation, or any mixed residential-commercial buildings or portions thereof that are intended for human habitation. Multifamily residential real property includes residential hotels but does not include hotels and motels that are not residential hotels.
(c)CA Civil Law Code § 1101.3(c) “Noncompliant plumbing fixture” means any of the following:
(1)CA Civil Law Code § 1101.3(c)(1) Any toilet manufactured to use more than 1.6 gallons of water per flush.
(2)CA Civil Law Code § 1101.3(c)(2) Any urinal manufactured to use more than one gallon of water per flush.
(3)CA Civil Law Code § 1101.3(c)(3) Any showerhead manufactured to have a flow capacity of more than 2.5 gallons of water per minute.
(4)CA Civil Law Code § 1101.3(c)(4) Any interior faucet that emits more than 2.2 gallons of water per minute.
(d)CA Civil Law Code § 1101.3(d) “Single-family residential real property” means any real property that is improved with, or consisting of, a building containing not more than one unit that is intended for human habitation.
(e)CA Civil Law Code § 1101.3(e) “Water-conserving plumbing fixture” means any fixture that is in compliance with current building standards applicable to a newly constructed real property of the same type.
(f)CA Civil Law Code § 1101.3(f) “Sale or transfer” means the sale or transfer of an entire real property estate or the fee interest in that real property estate and does not include the sale or transfer of a partial interest, including a leasehold.
commercial real property multifamily residential single-family residential ...

Section § 1101.4

Explanation

If you're making changes or improvements to a single-family home, you must replace old plumbing with water-saving fixtures to get the final approval from the local building department. By January 1, 2017, all non-water-saving plumbing in single-family homes must have been replaced. When selling such a home, the seller must inform the buyer about this requirement and if there are any plumbing fixtures that don't meet the new standards.

(a)CA Civil Law Code § 1101.4(a) For all building alterations or improvements to single-family residential real property, as a condition for issuance of a certificate of final completion and occupancy or final permit approval by the local building department, the permit applicant shall replace all noncompliant plumbing fixtures with water-conserving plumbing fixtures.
(b)CA Civil Law Code § 1101.4(b) On or before January 1, 2017, noncompliant plumbing fixtures in any single-family residential real property shall be replaced by the property owner with water-conserving plumbing fixtures.
(c)CA Civil Law Code § 1101.4(c) A seller or transferor of single-family residential real property shall disclose in writing to the prospective purchaser or transferee the requirements of subdivision (b) and whether the real property includes any noncompliant plumbing fixtures.
single-family residential noncompliant plumbing fixtures water-conserving fixtures ...

Section § 1101.5

Explanation

By January 1, 2019, all older plumbing fixtures in multifamily and commercial properties in California must be replaced with water-saving versions. Property owners or their agents can enter properties to install or maintain these fixtures if they give proper notice. After January 1, 2019, these fixtures must work properly when a new tenant moves in, and tenants should notify owners if they don't. If any building changes or major improvements are made after January 1, 2014, noncompliant fixtures must be replaced during the process, which is necessary to receive a permit completion certificate. From January 1, 2019, sellers of these properties must inform buyers in writing if any noncompliant fixtures remain.

(a)CA Civil Law Code § 1101.5(a) On or before January 1, 2019, all noncompliant plumbing fixtures in any multifamily residential real property and in any commercial real property shall be replaced with water-conserving plumbing fixtures.
(b)CA Civil Law Code § 1101.5(b) An owner or the owner’s agent may enter the owner’s property for the purpose of installing, repairing, testing, and maintaining water-conserving plumbing fixtures required by this section, consistent with notice requirements of Section 1954.
(c)CA Civil Law Code § 1101.5(c) On and after January 1, 2019, the water-conserving plumbing fixtures required by this section shall be operating at the manufacturer’s rated water consumption at the time that the tenant takes possession. A tenant shall be responsible for notifying the owner or owner’s agent if the tenant becomes aware that a water-conserving plumbing fixture within his or her unit is not operating at the manufacturer’s rated water consumption. The owner or owner’s agent shall correct an inoperability in a water-conserving plumbing fixture upon notice by the tenant or if detected by the owner or the owner’s agent.
(d)Copy CA Civil Law Code § 1101.5(d)
(1)Copy CA Civil Law Code § 1101.5(d)(1) On and after January 1, 2014, all noncompliant plumbing fixtures in any multifamily residential real property and any commercial real property shall be replaced with water-conserving plumbing fixtures in the following circumstances:
(A)CA Civil Law Code § 1101.5(d)(1)(A) For building additions in which the sum of concurrent building permits by the same permit applicant would increase the floor area of the space in a building by more than 10 percent, the building permit applicant shall replace all noncompliant plumbing fixtures in the building.
(B)CA Civil Law Code § 1101.5(d)(1)(B) For building alterations or improvements in which the total construction cost estimated in the building permit is greater than one hundred fifty thousand dollars ($150,000), the building permit applicant shall replace all noncompliant plumbing fixtures that service the specific area of the improvement.
(C)CA Civil Law Code § 1101.5(d)(1)(C) Notwithstanding subparagraph (A) or (B), for any alterations or improvements to a room in a building that require a building permit and that room contains any noncompliant plumbing fixtures, the building permit applicant shall replace all noncompliant plumbing fixtures in that room.
(2)CA Civil Law Code § 1101.5(d)(2) Replacement of all noncompliant plumbing fixtures with water-conserving plumbing fixtures, as described in paragraph (1), shall be a condition for issuance of a certificate of final completion and occupancy or final permit approval by the local building department.
(e)CA Civil Law Code § 1101.5(e) On and after January 1, 2019, a seller or transferor of multifamily residential real property or of commercial real property shall disclose to the prospective purchaser or transferee, in writing, the requirements of subdivision (a) and whether the property includes any noncompliant plumbing fixtures. This disclosure may be included in other transactional documents.
noncompliant plumbing fixtures water-conserving plumbing multifamily residential property ...

Section § 1101.6

Explanation

This law says that if you're the owner of a building or applying for a building permit, you get a one-year break from having to meet the usual requirements if you've got a demolition permit. But if you don't actually demolish the building within that year, then you have to follow all the rules, even if the demolition permit is still valid or you've got a new one. You can appeal this to the local building department.

The duty of an owner or building permit applicant to comply with the requirements of this article shall be postponed for one year from the date of issuance of a demolition permit for the building. If the building is demolished within the one-year postponement, the requirements of this article shall not apply. If the building is not demolished after the expiration of one year, the provisions of this article shall apply, subject to appeal to the local building department, even though the demolition permit is still in effect or a new demolition permit has been issued.
building owner duty building permit applicant one-year postponement ...

Section § 1101.7

Explanation

This law section states that the rules in this article don't apply to specific types of properties. These exceptions include registered historical sites, properties where a licensed plumber certifies that installing water-saving plumbing fixtures isn't feasible due to the property's age or plumbing configuration, and buildings that no longer have water service.

This article shall not apply to any of the following:
(a)CA Civil Law Code § 1101.7(a) Registered historical sites.
(b)CA Civil Law Code § 1101.7(b) Real property for which a licensed plumber certifies that, due to the age or configuration of the property or its plumbing, installation of water-conserving plumbing fixtures is not technically feasible.
(c)CA Civil Law Code § 1101.7(c) A building for which water service is permanently disconnected.
registered historical sites water-conserving plumbing fixtures licensed plumber certification ...

Section § 1101.8

Explanation

This law allows local governments and water suppliers in California to create their own rules or policies to encourage saving water. They can make regulations that either help follow existing water-saving laws or lead to even greater water conservation.

A city, county, or city and county, or a retail water supplier may do either of the following:
(a)CA Civil Law Code § 1101.8(a) Enact local ordinances or establish policies that promote compliance with this article.
(b)CA Civil Law Code § 1101.8(b) Enact local ordinances or establish policies that will result in a greater amount of water savings than those provided for in this article.
local ordinances water conservation retail water supplier ...

Section § 1101.9

Explanation
If a city or county in California had a rule in place before July 1, 2009, requiring old or inefficient plumbing fixtures to be upgraded or replaced, they don’t have to follow the new state rules as long as their original rule is still active.
Any city, county, or city and county that has adopted an ordinance requiring retrofit of noncompliant plumbing fixtures prior to July 1, 2009, shall be exempt from the requirements of this article so long as the ordinance remains in effect.
retrofit ordinance noncompliant plumbing fixtures July 1 ...