New Retrofit Legislation Will Save Millions of Gallons of Water for San Francisco

This summer the SFPUC celebrates the passage of two new ordinances – sponsored by Mayor Newsom and Supervisor Sophie Maxwell – to update local water efficiency laws for San Francisco properties. Effective July 1, 2009 the ordinances update housing and building code guidelines to retrofit all residential and commercial properties with water-efficient plumbing fixtures. Residential properties are required to be retrofitted upon resale. Commercial properties must be retrofitted when undergoing certain tenant improvements, but not later than January, 1 2017. The new ordinances are expected to save San Francisco up to 4 million gallons a day by 2017.

San Francisco’s original ‘retrofit upon resale’ ordinance was passed in 1991 and required residential property owners to replace toilets if they had a flush volume of more than 3.5 gallons per flush (gpf), along with other water fixtures. At the time, this ordinance was pioneering and led to other jurisdictions passing similar measures, but in 1994, new state and federal laws required higher efficiency standards that went beyond San Francisco’s original ordinance. For many years, 1.6 gpf has been the new standard for high efficiency toilets, yet San Francisco’s requirement for retrofits remained only for toilets above 3.5gpf. Commercial buildings were required to meet the 3.5 gpf standard by November 1, 1994, but thereafter were exempt.

The new conservation ordinances establish the following guidelines for residential and commercial properties:

1. All showerheads have a maximum flow of 2.5 gallons per minute (gpm)
2. All showers have no more than one showerhead per valve
3. All faucets and faucet aerators have a maximum flow rate of 2.2 gpm
4. All Water Closets (toilets) have a maximum rated water consumption of 1.6 gallons per flush (gpf)
5. All urinals have a maximum flow rate of 1.0 gpf
6. All water leaks have been repaired

Compliance with San Francisco’s water conservation ordinances must be completed through the San Francisco Department of Building Inspection (DBI). Detailed information on guideline exemptions can be found in the legislation attached below. The SFPUC is currently working with DBI to update inspection forms to reflect the new guidelines.

For more information please contact the SFPUC Water Conservation Division at (415) 551-4730.

Frequently asked questions

 How do these new ordinances impact the sale of my home or commercial property?

San Francisco residential properties except tourist hotels and motels must undergo an official water conservation inspection and complete any necessary plumbing upgrades prior to sale. A list of qualified private inspectors is available from the Department of Building Inspection and a certificate of completion for water conservation retrofits must be filed with the San Francisco Recorder’s office before or concurrently with the transfer of the property. Your realtor is a good resource for information on completing the required inspection. Residential conservation inspection forms with the new water conservation guidelines will soon become available from the Department of Building Inspection.

San Francisco commercial properties including tourist hotels and motels are not required to be retrofitted prior to selling the property, but are required to be retrofitted with certain tenant improvements. Regardless tenant improvements, all commercial properties in San Francisco must be fully retrofitted, inspected, and have a certificate of completion filed with the Department of Building Inspection on or before January 1, 2017.

How do I know if plumbing fixtures meet the new water conservation guidelines?

Many plumbing manufacturers clearly stamp plumbing fixture models with a flow rate. Look closely at each fixture to determine if this information is visible and compare the stamped information to the guidelines listed above. If a property was built before 1994 and has not been updated with new toilets, urinals and showerheads, the plumbing fixtures do not meet San Francisco’s new water conservation guidelines.

Your realtor can refer you to an inspector to determine the flow rates of plumbing fixtures. A plumber may be required to repair any leaks detected at the property.

Tip: Toilets manufactured after 1994 meet San Francisco’s water conservation guidelines. The manufacturers’ date stamp is often found inside the toilet tank.

My property’s fixtures do not meet San Francisco’s water conservation guidelines. Is financial assistance available to help make the necessary improvements?

San Francisco residential and commercial properties are eligible for SFPUC cash rebates for the replacement of toilets and urinals. Low-flow showerheads and faucet aerators which meet the water conservation guidelines are also provided by the SFPUC free of charge.

Visit http://conserve.sfwater.org for rebate applications and a list of eligible models.

Can residential property owners selling their property transfer responsibility of any necessary improvements to the buyer?

The new ordinance has additional language to clarify that a seller can transfer responsibility for compliance with the water conservation measures to a buyer of a residential property if 1% of the purchase price is held in escrow for the purpose of paying for the water conservation measures within 180 days of the property sale. After a certificate of completion for the required retrofits is filed with the Department of Building Inspection, the remaining balance of the escrow account is released to the seller.

The new ordinance states that commercial properties must be retrofitted with efficient plumbing fixtures when undergoing certain tenant improvements. What types of improvements qualify?

Regardless of tenant improvements, all commercial properties in San Francisco must be fully retrofitted, inspected, and have a certificate of completion filed with the Department of Building Inspection on or before January 1, 2017.

During the period between July 1, 2009 and January 1, 2017 the following actions trigger retrofit of non-compliant plumbing fixtures in commercial properties.

• Any tenant improvements costing more than $150,000 require the retrofit of non-compliant fixtures that serve the specific area of alteration or improvement.
• Commercial building additions that increase the floor area of the space in the building by more than 10 percent require the retrofit all non-compliant fixtures in the entire building.
• Alterations or improvements to a room containing any non-compliant fixtures require the retrofit of the non-compliant fixtures in that room

The Department of Building Inspection will soon provide the new commercial inspection forms and guidelines for fixture upgrades under the new water conservation legislation.