§ 8-13. Water conservation restrictions.

(a)

Definitions.

(1)

Commercial means any type of building other than residential.

(2)

Construction means the erection of a new building or the alteration of an existing building in connection with its repair or renovation or in connection with making an addition to an existing building and shall include the replacement of a malfunctioning, unserviceable or obsolete faucet, showerhead, toilet or urinal in an existing building.

(3)

Residential means any building or unit of a building intended for occupancy as a dwelling but shall not include a hotel or motel.

(b)

Restrictions on Residential Buildings. On or after July 1, 1991, no construction may be initiated within the city for any residential building of any type which:

(1)

Employs a gravity type-tank, flushometer-valve, or flushometer-tank toilet that uses more than an average of one and six tenths (1.6) gallons of water per flush; however, this paragraph shall not be applicable to one-piece toilets until July 1, 1992.

(2)

Employs a shower hear that allows a flow of more than an average of two and five tenths (2.5) gallons of water per minute at sixty (60) pounds per square inch of pressure.

(3)

Employs a urinal that uses more than an average of one (1.0) gallon of water per flush;

(4)

Employs a lavatory faucet or lavatory replacement aerator that allows a flow of more than two (2.0) gallons of water per minute.

(5)

Employs a kitchen faucet or kitchen replacement aerator that allows a flow of more than two and five tenths (2.5) gallons of water per minute.

(c)

Restrictions on Commercial Buildings. On or after July 1, 1992, there shall be no construction of any commercial building initiated within the city for any commercial building of any type which does not meet the requirements of paragraphs (1) through (5) of subsection (b) of this section.

(d)

Exemptions; Fee.

(1)

Exemptions. New construction and the repair or renovation of an existing building shall be exempt from the requirements of subsections (b) and (c) of this section when:

a.

It is unnecessary to obtain a building permit under existing ordinances for repairs, renovations or construction contemplated; or

b.

When such plumbing or sewerage system within such existing building, because of its capacity, design or installation, would not function properly if the toilets, faucets or showerheads required by this section were installed; or

c.

Such system is a well or gravity flow from a spring and is owned privately by an individual for use in such individual's personal residence; or

d.

Units to be installed are:

(i)

Specifically designed for use by the handicapped;

(ii)

Specifically designed to withstand unusual abuse or installation in a penal institution; or,

(iii)

Toilets for juveniles.

(2)

Fee. The owner, or his agent, of a building undergoing new construction or repair or renovation who is entitled to an exemption as specified in subparagraph (1)b, c or d of this subsection shall obtain the exemption by applying to the city. A fee of two hundred dollars ($200.00) shall be charged for the inspection and issuance of such exemption.

(e)

Enforcement; Penalty.

(1)

This section shall be enforced by the office of the building inspector of the city. Citations for violations may be issued by the chief building inspector appointed by the city.

(2)

Any person violating this section shall be tried before the municipal court of the city. Upon conviction, a violation of this section may be punished by a fine of not to exceed five hundred dollars ($500.00) or imprisonment not to exceed three (3) months.

(Ord. of 2-5-91, §§ 1—5)

Editor's note

Inclusion of the provisions of §§ 1—5 of an ordinance adopted Feb. 5, 1991, as § 8-13 was at the discretion of the editor, the ordinance being nonamendatory of the Code.