Water is a precious commodity of limited supply. The city council is the trustee of the city's domestic water supply. The general welfare of the citizens of Upland and its environs requires that the water resources available to the city be utilized with maximum efficiency.
(Prior code § 7737.00; Ord. 1786 § 1, 2005)
A. 
When the owner(s) of a facility listed in this section replaces any plumbing fixture as defined in Section 13.20.030, the plumbing fixture shall be replaced with a water conserving plumbing fixture as set forth in Section 13.20.030 or otherwise required by law. The provisions of this chapter shall apply to the following facilities:
1. 
Single-family residences and apartment buildings:
2. 
Commercial buildings;
3. 
Hotels and motels;
4. 
Health and fitness centers;
5. 
Schools and day care centers;
6. 
Shopping centers and malls.
B. 
The provisions of this chapter shall not apply to the following facilities:
1. 
Facilities equipped with water-conserving plumbing fixtures which meet plumbing device specifications approved by the city building inspection department, pursuant to this chapter;
2. 
Facilities wherein water use fixtures cannot be retrofitted to achieve further water use reduction, as determined by the chief building official, pursuant to this chapter and recorded in the city's permanent records;
3. 
Facilities wherein water use reduction would threaten health and/or safety or historical cultural value of a structure, where such condition is documented by affidavit submitted to and approved by the chief building official;
4. 
Facilities wherein retrofitting for water use reduction cannot be done so as to ensure a three-year simple payback period, as determined by the chief building official on the basis of generally accepted business principles. Simple payback is based upon contractor-installed cost of labor and material.
(Prior code § 7738.00; Ord. 1786 § 1, 2005)
In this chapter, the following special terms have the following meanings:
"Aerator"
means a device attached to a faucet outlet which reduces flow by introducing air bubbles into the water stream, thereby reducing the degree of splashing and creating the appearance of a greater flow than actually exists.
"City water utility customer"
means any individual, association, corporation, partnership or entity which obtains all or a portion of its water supply from the city.
"Flow restrictor"
means an in-line device incorporated into a faucet to reduce the opening through which water passes, thereby yielding a maximum flow increasing roughly in proportion to water pressure.
"Flush tank water saver"
means a flexible, double-edged panel to be used as a dam to withhold part of the flush tank water that would normally drain into the bowl upon flushing.
"Flush valve water saver"
means a device installed in flush valves of commercial toilets and urinals in order to shorten the flush cycle and reduce the volume of water flow during flush.
"Low flow self-cleaning showerhead"
means a showerhead device, furnished with one-half-inch IP thread to fit standard shower arms, designed to provide dispersed water flow and contain built-in mechanism to reduce the amount of water allowed to flow when operating. The device is also capable of automatically cleaning debris such as mineral deposits, rust scale or other impurities from the water channels or pores located in the showerhead without the use of special tools.
"Owner"
means any individual, association, nonprofit corporation, professional association, joint stock company, corporation, proprietorship, partnership or joint venture, having a freehold interest in a facility listed in Section 13.20.020 of this chapter.
"Spray tap"
means a faucet, which delivers water in a broad pattern of droplets and is capable of reducing the flow rate to one or two gallons per minute (gpm).
"Water conservation retrofit"
means the modification and/or replacement of fixtures or trim with fixtures and trim not exceeding the following flow rates and/or water usage. These rates are based on a pressure at the fixture of 20 to 80 psi.
 
 
Gallons
1.
Toilets, tank type, per flush
1.6
2.
Urinals, tank type, per flush
1.0
3.
Showerheads, per minute
2.5
4.
Bathroom and kitchen faucets, per minute
2.2
(Prior code § 7739.00; Ord. 1786 § 1, 2005)
A. 
Toilets. The owner of a facility listed in Section 13.20.020, where such facility itself, or the individual tenants or users of such facility are city water utility customers, shall install and maintain toilet(s) conforming to the specification indicated in Section 13.20.030.
B. 
Enforcement.
1. 
As of May 23, 1990, the violation of Section 13.20.010 through Section 13.20.040 of the Upland Municipal Code shall be a misdemeanor offense and upon conviction, any person violating these sections shall be punished by a fine of not less than $100.00, nor more than $200.00 or by imprisonment in the county jail not exceeding six months or both.
2. 
An alleged violator of this chapter shall be given written notice thereof and 72 hours within which to install, repair or replace the required water conservation devices. Failure to do so will give rise to a presumption of intent to violate this chapter thereafter.
3. 
Each day a violation of this chapter continues shall constitute a distinct and separate offense.
4. 
Nothing in this section shall limit the city's authority to seek injunctive or other civil relief available under the law.
(Prior code § 7740.00; Ord. 1786 § 1, 2005)
A. 
No certificate of occupancy shall be issued for any new construction unless all plumbing fixtures to be installed meet the requirements set forth in subsection B of this section notwithstanding compliance with any other building or plumbing code. As used in this section, "new construction" means any construction of a previously nonexistent structure requiring a building permit or other discretionary permit issued after the effective date of the ordinance adopting this section.
B. 
All plumbing fixtures installed in new construction shall meet the following requirements:
1. 
Toilets and associated flush valves shall be rated at not more than 1.6 gallons per flush;
2. 
Urinals and associated flush valves shall be rated at not more than 1.0 gallon per flush;
3. 
Showerheads shall have a rated flow of 2.5 gallons per minute or less;
4. 
Bathroom faucets shall have aerators or laminar flow devices together with flow control inserts; valves, devices or orifices that restrict flow to a maximum of approximately 2.2 gallons per minute.
C. 
City staff shall advise all persons seeking permits for new construction of the plumbing fixture requirements set forth in this section.
(Prior code § 7741.00; Ord. 1786 § 1, 2005)
A. 
Definitions.
"Water-conserving toilet fixture"
means any toilet and associated flush valve that uses no more than 1.6 gallons of water per flush or urinal and associated flush valve that uses no more than 1.0 gallons of water per flush.
B. 
Mandatory Retrofit of All Toilets with Water-Conserving Toilet Fixtures. All existing toilets in existing structures receiving water from the city's water system shall be retrofitted, if not already done, exclusively with water-conserving toilets as defined in subsection A of this section on, or before July 1, 2006.
C. 
Compliance and Penalties. If the retrofit installation required by this regulation is not completed by the required date and the city later determines or finds that the work was not done or was not completed or that the water-conserving toilet fixtures are no longer present, the city may, at its discretion assess a fine of $500.00 to the owner of the property. Prior to the imposition of any fine the owner of the property will be provided a cure period of 30 days to demonstrate that the required retrofit work has in fact been done. A site inspection shall be required in such cases and the owner shall be charged a penalty of $50.00 for each such site inspection as an added fee on the owner's plumbing permit. If the owner of the property fails to complete the required work after 30 days, water to the property shall be shutoff until such time as the property owner demonstrates compliance with this section.
D. 
Variances and Exemption. Any owner of real property may seek a variance or exemption from the retrofit requirement. The process shall be as set forth in Section 13.16.070.
(Prior code § 7742.00; Ord. 1786 § 1, 2005)