2023 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,
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.
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).
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,  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).