RES-2014-101 RESOLUTION NO. 2014 -101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM RELATING TO THE APPLICATION AND
INTERPRETATION OF SENATE BILL 407 (2009)
REGARDING THE INSTALLATION OF WATER USE
EFFICIENCY IMPROVEMENTS FOR EXISTING SINGLE -
FAMILY RESIDENTIAL, MULTI - FAMILY RESIDENTIAL
AND COMMERCIAL BUILDINGS.
WHEREAS, as of January 1, 2014, Senate Bill 407 (2009), which, in pertinent part, is
codified at Sections 1101.1 through 1101.8 of the California Civil Code (herein referred to as
"SB 407 "), requires non - compliant plumbing fixtures for residential and commercial property
built and available for use on or before January 1, 1994 to be replaced with water - conserving
plumbing fixtures when a property is undergoing "alterations or improvements ". Applicants
seeking to obtain permits for any of these types of work will be required to replace non-
compliant fixtures prior to final permit approval or issuance of a certificate of occupancy by the
City's Building Official (or his authorized representative); and
WHEREAS, the language in SB 407 appears to set very broad criteria for triggering
plumbing fixture replacements. As a result, on October 30, 2013 the California Building
Officials ( "CALBO ") published its legislative analysis of the term "alterations or improvements"
to mean "any construction to an existing structure which enhance or improve the structure ". In
other words, CALBO recommended that construction related to repairs or maintenance not be
considered to be an "alteration or improvement" within the meaning of SB 407, and offered a list
of permits that it considered to be "repair or maintenance "; and
WHEREAS, SB 407 authorizes a city, county, city and county, or a retail water supplier
to enact local ordinances or establish policies that promote compliance with SB 407; and
WHEREAS, this City Council desires to be consistent with the CALBO legislative
analysis and interpretation and, accordingly, establish that SB 407 shall only apply to permitted
additions, alterations or improvements for existing residential and commercial property built and
available for use on or before January 1, 1994. In other words, repair or maintenance will not
trigger plumbing fixture upgrades; and
WHEREAS, this City Council also desires to implement a self - certification program by
property owners seeking permits for alterations or improvements for existing residential and
commercial property built and available for use on or before January 1, 1994; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as
follows:
1. For existing residential and commercial property built and available for use on or
before January 1, 1994, the following list of work is not considered to be within the meaning of
the term "alterations or improvements" under Civil Code Sections 1101.4(a) and 1101.5(d) of SB
407. In other words, the following list of work shall not trigger the requirements under said
sections of SB 407 for the replacement of non - compliant plumbing fixtures with water -
conserving plumbing fixtures as a condition for issuance of a certificate of final completion and
occupancy or final permit approval by the Building Official or his authorized representative:
• Changes to electrical systems, e.g., electrical service upgrades
• Changes to mechanical systems, e.g., HVAC for furnace replacement, duct
replacement
• Water heater replacement, piping replacement, sewer line replacement
• Re -roof
• Siding, stucco or any exterior finish replacement
• Window replacement (including sliding glass or front door)
• Chimney repair
• Dry rot repair
• Termite repair
• Foundation repair
• Seismic retrofit
• Roof - mounted solar systems
• Electric vehicle charging stations
• Building signs
• Alterations solely for the purpose of barrier removal (voluntary accessibility upgrades)
• Work not associated with the building itself is not considered to trigger plumbing
fixture upgrades in the building, e.g.:
o Swimming pools or spas (in- ground or portable)
o Site work: Retaining walls, fences, walkways, landscaping, etc.
o Ground- mounted solar photovoltaic systems
o Monument signs
• Work in one building is not considered to trigger plumbing fixture upgrades in
another building (e.g., work in the following structures would not trigger upgrades in
the separate single - family residential building):
o Accessory structures, sheds or patio covers
o Detached garages
o Second units
• Other work as determined by the Building Official to be in the nature of maintenance
and repair work, as opposed to alterations or improvements.
2. To maintain consistency with the scope and application of the California Building
Code and California Residential Code, as adopted by the City, for purposes of applying SB 407,
a real property consisting of a duplex (two - family dwelling) will be considered a single - family
residential real property. Alterations to one dwelling unit will trigger plumbing fixture upgrades
within that unit only and not the adjacent unit.
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3. A real property consisting of a single- family residence with either a detached or
attached second unit will also be considered a single - family residential real property. Alterations
to the residence will trigger plumbing fixture upgrades within the residence only and not the
second unit, and vice versa.
4. According to the definition of "non- compliant plumbing fixture" in Civil Code
Section 1101.3(c), the existing plumbing fixture water usage /flow rate must exceed the amount
shown in Civil Code Section 1101.3(c) to be considered non - compliant. If the existing plumbing
fixture water usage /flow rate is equal to or lower than the amount shown in Civil Code Section
1101.3(c), it will not be required to be upgraded.
5. The Building Official is hereby authorized and directed to implement a self -
certification method using a form developed by the Building Official, by which owners of
existing residential and commercial property built and available for use on or before January 1,
1994 who seek permits for alterations or improvements to buildings shall certify compliance
with SB 407 ( "Certificate of Compliance "). Each such owner shall be required to complete and
sign a Certificate of Compliance and deliver same to the Building Division, certifying either (a)
that the subject property is exempt from compliance with SB 407, (b) that non - compliant
plumbing fixtures have been replaced with water - conserving plumbing fixtures in accordance
with SB 407, the current editions of the California Plumbing Code and the California Green
Building Standards Code, and manufacturer's installation requirements, or (c) that existing water -
conserving plumbing fixtures comply with the requirements of SB 407, prior and as a condition
precedent to final permit approval or issuance of a certificate of occupancy
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 17th day of June 2014, by the following roll -call vote:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN:None
CITY OF A HEIM
By
MA OR OF THE CITY OF ANAHEIM
ATTEST:
-Q i
CITY CLERK OF THE CITY OF ANAHEIM
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