Exhibit D-1
DRAFT
ORDINANCE NO. 113
AN
ORDINANCE OF THE BOARD OF DIRECTORS
OF
THE
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
AMENDING BASELINE WATER CONSERVATION REQUIREMENTS AND AMENDING AND
REPUBLISHING RULES 11, 142, AND 144
1.
The
Water Management District is charged under the Monterey Peninsula Water
Management District Law with the integrated management of the ground and
surface water resources in the Monterey Peninsula area.
2.
The
Water Management District has general and specific power to cause and implement
water conservation activities as set forth in Sections 325 and 328 of the
Monterey Peninsula Water Management District Law.
3.
This
ordinance amends the water conservation requirements for new construction,
additions and remodels to increase water conservation savings.
4.
This
ordinance amends the mandatory retrofit requirements for change of ownership
and use, and expansion of use to increase water conservation savings.
5.
This
ordinance amends and clarifies District definitions to promote water
conservation.
6.
This
ordinance shall revise, amend and republish Rules 11, 142 and 144 of the Rules
and Regulations of the Water Management District.
NOW THEREFORE be it ordained as follows:
Section One: Short Title
This ordinance shall be known as the MPWMD 2003
Baseline Conservation Ordinance.
Section Two: Purpose
This ordinance amends the
water conservation requirements for new construction, additions and remodels,
and amends the mandatory retrofit requirements for change of ownership or use
and expansion of use.
Section Three: Amendment of Rule 11, Definitions
District Rule 11, Definitions, shall be amended as
follows, where the portion set forth in strikeout type (strikeout) is
deleted and the portion set forth in italicized and bold face type (bold face) is
added:
IRRIGATION SYSTEM – “Irrigation System” shall mean a
device or combination of devices having a hose, pipe or other type of conduit
installed in the landscape which transmits water, and through which device or
combination of devices, water is drawn and applied to residential, industrial
or commercial lawns, landscapes or green space.
LOW WATER‑USE PLUMBING FIXTURES – “Low Water-Use
Plumbing Fixtures” shall mean any toilets using a maximum
of 1.6 gallons per flush; showerheads, rain bars, or body
sprays designed to emit a maximum of 2.5 gallons per minute (gpm)
of water; faucet aerators designed to emit a maximum of 2.2
gallons per minute; ultra-low consumption dishwashers; ultra-low
consumption washing machines; rainwater collection and cistern systems; drip
irrigation where appropriate; rain sensors on all automated irrigation
systems; and instant‑access or hot water demand
pumping systems.
RAIN SENSOR – “Rain Sensor” shall mean a device that
measures rainfall and overrides the irrigation cycle of an irrigation system,
thus turning the irrigation system off, when a predetermined amount of rain has
fallen.
REQUIRED CONSERVATION MEASURES - "Required
Conservation Measures"
1.
Flush sewers with Non-potable water plumbing and/or mains (e.g.
sewers or storm water drains) shall be cleaned, maintained, and/or flushed
solely with sub-potable or reclaimed water, except in
cases of emergency.
2.
New Construction: Plumbing
fixtures used in new construction must meet or exceed the
following water conservation requirements: the standards of low water
use plumbing fixtures shown in Rule 142.
toilets shall
not use more than 1.6 gallons per flush maximum; urinals shall use no more than
1.0 gallons per flush; showerheads shall use no more than 2.5 gallons per
minute without a separate restriction device and faucets shall have aerators
that use no more than 2.2 gallons per minute maximum irrespective of the
pressure in the water supply line; hot water systems must be instant access;
drip irrigation must be installed for all shrub or tree areas rather than spray
heads, unless plant material or site conditions preclude drip as the most
appropriate choice. Hand-held watering
may also be used. Instant access shall be
defined as providing hot water at the point of service within five (5) seconds.
3.
Plumbing fixtures
in additions and remodels must
meet or exceed the standards set forth in Rule 144. of the
following conservation requirements: If
you are adding plumbing fixtures, and/or expanding The addition of plumbing
fixtures, and/or addition of more than 25% of the existing square-footage shall
cause new construction requirements must be met throughout the structure with
the exception of retrofitting to drip irrigation and instant-access hot water
systems; drip irrigation where appropriate; instant‑access
hot water systems.
Section Four: Amendment of Rule 142, Plumbing
Fixtures for New Construction
District Rule 142, Plumbing Fixtures for New
Construction, shall be amended as follows, where the portion set forth in
strikeout type (strikeout) is deleted and the portion set forth in italicized and
bold face type (bold face) is added:
RULE
142 PLUMBING FIXTURES FOR NEW
CONSTRUCTION
A. All new construction, as defined herein,
shall be exclusively equipped with the following low water‑use
plumbing fixtures: as defined by this ordinance and shall further
use washbasin faucet aerators with a maximum flow rate of 2.5 gallons per
minute wherever feasible. These
fixtures shall be installed and maintained, and shall not be replaced with
fixtures which allow greater water use.
1.
Toilets
using a maximum of 1.6 gallons per flush;
2.
Showerheads,
rain bars, or body sprays designed to emit a maximum of 2.5 gallons per minute
of water;
3.
Faucet
aerators designed to emit a maximum of 2.2 gallons per minute;
4.
Ultra-low
consumption dishwashers;
5.
Ultra-low consumption
washing machines;
6.
Rainwater
collection and cistern systems;
7.
Drip
irrigation where appropriate;
8.
Rain
sensors on all automated irrigation systems;
9.
Instant‑access
or hot water demand pumping systems.
B.
All commercial,
industrial and public authority uses shall meet the requirements of Rule 142-A,
and shall additionally meet the following requirements, as applicable:
1.
Automatic
shut-off, infrared faucet or self-closing faucets on multiple washbasin
installations;
2.
Automatic shut-off or timer controlled showers;
3.
Waterless urinals;
4.
Air-cooled refrigeration and cooling systems;
5.
Recirculating pumps on evaporative coolers.
Section Five: Amendment of Rule 144, Retrofit Upon
Change of Ownership or Use
District Rule 144, Retrofit Upon Change of Ownership
or Use, shall be amended as follows, where the portion set forth in strikeout
type (strikeout) is deleted and the portion set forth in italicized and
bold face type (bold face) is added:
RULE
144 RETROFIT UPON CHANGE OF
OWNERSHIP OR USE
A.
MANDATORY RETROFIT
UPON CHANGE OF OWNERSHIP OR USE
All plumbing fixtures in existing structures,
including residential, commercial, industrial, and public authority structures
shall, at the time of change of ownership or change of use, be retrofitted, if
not already so, exclusively with low water‑use plumbing fixtures as defined
in by Rule 142 this ordinance. These fixtures shall be installed and
maintained, and shall not be replaced with fixtures which allow greater water
use.
B.
MANDATORY RETROFIT
UPON EXPANSION OF USE
All residential, commercial, public authority, and
industrial reconstruction, remodels or additions that add any bathroom(s), and/or
increase floor area of existing structures by twenty‑five percent (25%)
or greater of the existing floor area shall meet "New Construction"
low water‑use plumbing fixture standards as defined by in
Rule 142 this ordinance for the entire facility, including
retrofitting of plumbing fixtures within existing structures.
C.
RETROFIT EXEMPTIONS
Ultra-low consumption dishwashers; ultra-low
consumption washing machines; rainwater collection and cistern systems; drip
irrigation where appropriate; rain sensors on all automated irrigation systems;
and instant‑access or hot water demand pumping systems shall not be
required upon change of ownership or use or upon expansion of use until January
1, 2007.
Deleted
by Ordinance No. 89 (7/21/97)
D.
PROOF OF RETROFIT
UPON CHANGE OF OWNERSHIP
Before the transfer of title for any change of
ownership, defined by this ordinance, of real property within the
District, the selling owner(s) or his authorized agent shall, in the form and
manner specified by the District General Manager, certify
compliance with the retrofit requirements of this rule ordinance
by one of the following methods:
1.
Certify that the
plumbing permit obtained in relation to plumbing fixture installation shows
compliance with this ordinance. This certification
shall be forwarded to the District; or
1.
Provide the
District with Certify that
an inspection report, or other appropriate report (the General Manager shall
maintain a list of individuals qualified to provide this report) which that
verifies installation of low water‑use plumbing fixtures
throughout the structure, as required by this rule ordinance. The District shall maintain a list of
people qualified to provide this report. This certification shall be
forwarded to the District; or
2.
Provide certify documentation to the District
that the building inspection by from the city or county
building official that indicates certifies
installation of low water‑use fixtures throughout the structure,
as required by this rule ordinance. This certification shall be forwarded to
the District; or
3.
Provide owner
certification Certify that
plumbing fixtures throughout the structure have been retrofitted in
compliance with this rule ordinance. A copy of this certification, together with a dated copy of the purchase
receipt for each low water‑use plumbing fixture, and a copy
of the labor contract, or statement of self‑installation,
which evidences complete installation, shall be forwarded to the District by
the buyer or seller. The District
may verify owner certification by an onsite inspection; or
4.
The General Manager may
waive the proof of retrofit before close of escrow transfer of
title requirement of this section where the seller and buyer certify
that the structure will begin to be remodeled or modified within one hundred
and twenty (120) days of the transfer of title close of escrow,
that the structure will be exclusively retrofitted with low water‑use plumbing
fixtures upon completion of construction, and the new owner shall both
contact and allow inspection of the property by District staff or its
authorized agent within one year of the transfer of title.
It shall be a violation of this rule ordinance
for any buyer or seller to transfer title to instruct an
escrow agent to close escrow for any sale of property in the District which
that does not comply with Subdivision D of this rule.
This Subdivision D shall not impose any affirmative or
discretionary duty upon an escrow agent, acting in the capacity of escrow
officer. Nothing in this rule
ordinance shall be construed, either expressly or by implication, to
provide for a criminal proceeding or create a civil liability against a title
insurance company, as defined in Insurance Code Section 12340.10, or an
underwritten title company, as defined in Insurance Code Section 12402, or
their officers, directors, or employees, by reason of an alleged violation of
this rule ordinance by a party or parties to an escrow at
such a corporation.
E.
PROOF OF RETROFIT
UPON CHANGE OF USE
Prior to the change of use of any residential,
commercial, industrial, or public authority buildings, the owner of record or
his agent shall certify in writing to the Monterey Peninsula Water
Management District that prior to such change of use of the structure, the
owner has complied with this ordinance, including all plumbing fixture
retrofitting requirements. that
plumbing fixtures throughout the structure have been retrofitted in compliance
with this rule ordinance. The
buyer or seller shall forward a copy of this certification, together with a
dated copy of the purchase receipt for each low water‑use plumbing
fixture, and a copy of the labor contract or statement of self‑installation
that evidences complete installation, to the District. The District may verify owner
certification by an onsite inspection. Change
in use of such buildings made prior to submission of such written certification
to the General Manager shall constitute a violation of this rule ordinance.
Section Six: Publication and Application
The provisions of this
ordinance shall cause the republication and amendment of the permanent Rules
and Regulations of the Monterey Peninsula Water Management District.
This ordinance shall take
effect at 12:01 a.m. on March 1, 2004.
This Ordinance shall not
have a sunset date.
Section Eight: Severability
If any subdivision,
paragraph, sentence, clause or phrase of this ordinance is, for any reason,
held to be invalid or unenforceable by a court of competent jurisdiction, such
invalidity shall not affect the validity or enforcement of the remaining
portions of this ordinance, or of any other provisions of the Monterey
Peninsula Water Management District Rules and Regulations. It is the District's express intent that
each remaining portion would have been adopted irrespective of the fact that
one or more subdivisions, paragraphs, sentences, clauses, or phrases be
declared invalid or unenforceable.
On motion by ________________, and second by _________________, the foregoing ordinance is adopted upon this ____ day of ________ 2004, by the following vote:
AYES:
NAYS:
ABSENT:
I, Fran Farina, Secretary to the Board of Directors of the Monterey Peninsula Water Management District, hereby certify the foregoing is a full, true and correct copy of an ordinance duly adopted on the _____ day of _____________ 2004.
Witness my hand and seal of the Board of Directors this ________ day of ____________ 2004.
Fran
Farina, Secretary to the Board