NY Env Conserv L § 15-0314 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 3 - Powers and Duties 15-0314 - Powers and Responsibilities With Respect to Certain Plumbing Fixtures.

§ 15-0314. Powers  and responsibilities with respect to certain plumbing              fixtures.   1. On and after the effective date of  this  section,  no  individual, public or private corporation, political subdivision, government agency, department   or   bureau   of   the   state,   municipality,   industry, co-partnership, association, firm, trust, estate or other  legal  entity shall,  for  purposes  of use in this state, distribute, sell, offer for sale, import or install any sink faucet or lavatory faucet, shower head, drinking water fountain, urinal or  water  closet,  including  tank-type toilets,    flushometer-tank    toilets,    flushometer-valve   toilets, electromechanical hydraulic toilets, and all other types of toilets that use water and associated flush-valve, if any, unless it shall  meet  the water saving performance standards as provided for in subdivision two of this section.   * 2.  The  water  saving  performance  standards for sink and lavatory faucets, shower heads,  drinking  water  fountains,  urinals  and  water closets,   including   tank-type   toilets,   flushometer-tank  toilets, flushometer-valve toilets, electromechanical hydraulic toilets, and  all other types of toilets that use water shall be as follows:  (a)  for  lavatory  faucets,  at  a  constant water pressure of eighty pounds per square inch, maximum flow shall not  exceed  2.5  gallons  of water per minute (or .25 gallons per cycle for lavatory faucets designed as  metering faucets) and provided that those faucet models installed in public buildings must be of a self-closing variety and must be  designed to  limit  the  discharged flow rate of water to a maximum of .5 gallons per minute or must be of the metering type which limit the discharge  of water to a maximum of .25 gallons per cycle; and  (b)  for  sink  faucets, at a constant water pressure of eighty pounds per square inch, maximum flow shall not exceed 2.5 gallons of water  per minute; and  (c)  for  shower  heads, at a constant water pressure of eighty pounds per square inch, maximum flow shall not exceed 2.5 gallons of water  per minute; and  (d) for urinals and associated flush-valve, if any, maximum flow shall not exceed an average of one gallon of water per flush; and  (e) for water closets and associated flush-valve, if any, maximum flow shall  not  exceed an average of one and six-tenths gallons of water per flush; and  (f) drinking water fountains must be of a self-closing variety.   * NB Effective until January 1, 2022   * 2. The water saving performance  standards  for  sink  and  lavatory faucets,  shower  heads,  drinking  water  fountains,  urinals and water closets,  including   tank-type   toilets,   flushometer-tank   toilets, flushometer-valve    toilets,   electromechanical   hydraulic   toilets, dual-flush toilets and all other types of toilets that use  water  shall be as follows:  (a) for lavatory faucets, at a constant water pressure of sixty pounds per  square inch, maximum flow shall not exceed 1.5 gallons of water per minute (or .25 gallons  per  cycle  for  lavatory  faucets  designed  as metering  faucets)  and  provided  that those faucet models installed in public buildings must be of a self-closing variety and must be  designed to  limit  the  discharged flow rate of water to a maximum of .5 gallons per minute at a constant water pressure of sixty pounds per square  inch or  must be of the metering type which limit the discharge of water to a maximum of .25 gallons per cycle; and  (b) for sink faucets, at a constant water pressure of sixty pounds per square inch, maximum flow shall not exceed  2.2  gallons  of  water  per minute; and  (c)  for  shower  heads, at a constant water pressure of eighty pounds per square inch, maximum flow shall not exceed 2.0 gallons of water  per minute; and  (d) for urinals and associated flush-valve, if any, maximum flow shall not  exceed  an  average  of  0.5 gallons of water per flush (except for urinals designated and marketed exclusively for use in prisons or mental health care facilities); and  (e) except  for  water  closets  and  toilets  designed  and  marketed exclusively for use in prisons or mental health care facilities, (1) for water closets and associated flush-valve, if any, maximum flow shall not exceed an average of 1.28 gallons of water per flush; (2) for dual-flush tank-type water closets, the average of two reduced flushes and one full flush  shall  not  exceed  1.28  gallons of water per flush; and (3) for dual-flush flushometer-valve  water  closets,  maximum  flow  shall  not exceed an average of 1.28 gallons of water per flush; and  (f) drinking water fountains must be of a self-closing variety.   * NB Effective January 1, 2022   * 3.  Each shower head, sink or lavatory faucet, both box and product, shall be marked and labeled, and each water closet or  urinal,  or  each component  if  the  water  closet  or urinal is comprised of two or more components, both box  and  product,  shall  be  marked  and  labeled  in accordance with the latest revision of the standards designated American National  Standards, written under American National Standards Institute (ANSI).   * NB Effective until January 1, 2022   * 3. Each shower head, sink or lavatory faucet, both box and  product, shall  be  marked  and labeled, and each water closet or urinal, or each component if the water closet or urinal is  comprised  of  two  or  more components,  both  box  and  product,  shall  be  marked  and labeled in accordance with the latest revision of the standards designated American National Standards, written under American National Standards  Institute (ANSI),  and,  as  applicable, the following United States Environmental Protection Agency watersense program  specification:  showerheads  (July 26,  2018),  tank-type toilets (June 2, 2014), lavatory faucets (October 1, 2007), flushing urinals ( August  14,  2009),  and  flushometer-valve toilets (December 17, 2015).   * NB Effective January 1, 2022   4.  The  commissioner  may  permit  the sale and installation of water closets, blow out toilets and associated flush-valves, if any, which  do not  meet  the standards provided for in subdivision two of this section if after application therefor it is determined by the commissioner  that the  installation  of  fixtures  which  meet  such  standards  would  be detrimental to the operation of the existing sewerage system or part  of such system, servicing such fixtures.   5.  The  provisions  of this section shall not apply to fixtures which were in compliance with this section and other applicable provisions  of law  on  the  date  on  which  they were installed which are removed and relocated to another room or area of the same  building  or  to  another building  owned  or  leased by the owner of the building from which such fixtures were removed after the effective  date  of  this  section,  nor shall  they  apply  to  fixtures  such  as safety showers, bedpan washer equipped water closets and aspirator faucets, which, in order to perform a  specialized  function,  cannot  meet  the  standards   specified   in subdivision two of this section.   6.  "Public  building"  as used in this section, means any building or portion thereof, used or controlled by any department  or  branch  of  a state  or  local government, or which is constructed wholly or partially through state or municipal funds, including tax  funds,  funds  obtained  through  bond  issues  or  grants or loans under any state law, which is likely to be used by the public, including, but not limited to theaters, concert halls,  auditoriums,  museums,  schools,  libraries,  recreation facilities,  transportation  terminals  and  stations, factories, office buildings and building establishments. In  addition,  "public  building" includes  those  facilities such as stores, restaurants and hotels which have restrooms which are open to the public  or  the  clientele  of  the facility  but not including private restrooms which are part of sleeping quarters in such a facility. The term "public building" does not include privately owned residential structures, public  housing  structures,  or police, fire or correction structures.   7. A violation of the provisions of this section shall be liable for a penalty pursuant to section 71-1127 of this chapter.   * 8.  The  commissioner,  to  the  extent practicable and appropriate, shall utilize the latest revision of the standards  designated  American National  Standards, written under American National Standards Institute (ANSI) procedures in determining requirements under this section.   * NB Effective until January 1, 2022   * 8. The commissioner, to  the  extent  practicable  and  appropriate, shall  utilize  the latest revision of the standards designated American National Standards, written under American National Standards  Institute (ANSI)  procedures  in determining requirements under this section, and, as applicable, the  following  United  States  Environmental  Protection Agency  watersense  program  specification: showerheads (July 26, 2018), tank-type toilets (June 2, 2014), lavatory faucets  (October  1,  2007), flushing  urinals  (August  14,  2009),  and  flushometer-valve  toilets (December 17, 2015).   * NB Effective January 1, 2022