Bill Text: OR SB840 | 2013 | Regular Session | Engrossed
Bill Title: Relating to plumbing fixtures.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB840 Detail]
Download: Oregon-2013-SB840-Engrossed.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3896
A-Engrossed
Senate Bill 840
Ordered by the Senate April 12
Including Senate Amendments dated April 12
Sponsored by COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Imposes new water use limitations on fixtures.
Becomes operative January 1, 2016.
A BILL FOR AN ACT
Relating to plumbing fixtures; creating new provisions; and
amending ORS 447.145 and 455.610.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 447.145 is amended to read:
447.145. (1) All new fixtures approved for installation during
construction, reconstruction, alteration and repair of buildings
and other structures under ORS 447.020 shall comply with rules
adopted by the Director of the Department of Consumer and
Business Services. The rules shall be consistent with performance
requirements and test procedures established by the American
National Standards Institute, or other equivalent recognized
North American standards and procedures. { - Except for used
fixtures allowed under subsection (4) of this section, - } The
average amount of water used by new or replacement fixtures under
the applicable test procedures shall not exceed:
(a) { - 1.6 gallons or 6.06 - } { + 1.3 gallons or 4.92 + }
liters per flush for { - toilets - } { + water closets + };
{ - (b) 1.0 gallons or 3.785 liters per flush for
urinals; - }
{ + (b) 0.5 gallons or 1.89 liters per flush for
floor-mounted urinals;
(c) 0.125 gallons or 0.47 liters per flush for wall-mounted
urinals; + }
{ - (c) - } { + (d) + } 2.5 gallons or 9.46 liters per
minute for shower heads; { - and - }
{ - (d) 2.5 gallons or 9.46 liters per minute for interior
faucets. - }
{ + (e) 2.2 gallons or 8.33 liters per minute for interior
faucets other than in lavatories; and
(f) 1.5 gallons or 5.68 liters per minute for faucets in
lavatories. + }
(2) Notwithstanding subsection (1) of this section, the
director by rule shall provide for exemptions to the requirements
under subsection (1) of this section if:
(a) The reconstruction, alteration or repair of a building does
not include the installation of new or replacement
{ - toilets - } { + water closets + } or urinals, shower heads
or faucets within the building;
(b) Due to the capacity, design or installation of the plumbing
or sewage system within an existing building, { - toilets - }
{ + water closets + } or urinals required by subsection (1) of
this section would, if installed in the building, be unable to
meet the performance requirements of the American National
Standards Institute or other equivalent recognized North American
standards as adopted by rule;
(c) The fixtures and fittings necessary to perform a
specialized function, including but not limited to emergency
showers and aspirator faucets, cannot meet the requirements;
(d) The installation of fixtures that do not comply with
subsection (1) of this section is necessary to maintain the
historic character of a structure listed under ORS 358.480 to
358.545; or
(e) The fixtures and fittings to be installed are specifically
designed to withstand unusual abuse or installation in a penal
institution or are located in an area with special needs, such as
a laboratory, hospital, nursing home or other health care
facility.
(3) No person shall sell or offer for sale any new
{ - toilet - } { + water closet + }, urinal, shower head or
faucet that has not been approved under ORS 447.020.
(4) { - On or after December 31, 1995, no person shall - }
{ + A person may not + } sell or offer for sale any used
{ - toilet - } { + water closet + }, urinal, shower head or
interior faucet that does not meet the conservation standards
established in subsection (1) of this section.
(5) The director shall adopt rules and regulations for marking,
labeling or otherwise identifying fixtures that meet the
standards of this section.
SECTION 2. ORS 455.610 is amended to read:
455.610. (1) The Director of the Department of Consumer and
Business Services shall adopt, and amend as necessary, a Low-Rise
Residential Dwelling Code that contains all requirements,
including structural design provisions, related to the
construction of residential dwellings three stories or less above
grade. The code provisions for plumbing and electrical
requirements must be compatible with other specialty codes
adopted by the director. The Electrical and Elevator Board, the
Mechanical Board and the State Plumbing Board shall review,
respectively, amendments to the electrical, mechanical or
plumbing provisions of the code.
(2) Changes or amendments to the code adopted under subsection
(1) of this section may be made when:
(a) Required by geographic or climatic conditions unique to
Oregon;
(b) Necessary to be compatible with other statutory provisions;
(c) Changes to the national codes are adopted in Oregon; or
(d) Necessary to authorize the use of building materials and
techniques that are consistent with nationally recognized
standards and building practices.
(3) Notwithstanding ORS 455.030, 455.035, 455.110 and 455.112,
the director may, at any time following appropriate consultation
with the Mechanical Board or Building Codes Structures Board,
amend the mechanical specialty code or structural specialty code
to ensure compatibility with the Low-Rise Residential Dwelling
Code.
(4) The water conservation provisions for { - toilets - }
{ + water closets + }, urinals, shower heads and interior
faucets adopted in the Low-Rise Residential Dwelling Code shall
be the same as those adopted under ORS 447.020 to meet the
requirements of ORS 447.145.
(5) The Low-Rise Residential Dwelling Code shall be adopted and
amended as provided by ORS 455.030 and 455.110.
(6) The director, by rule, shall establish uniform standards
for a municipality to allow an alternate method of construction
to the requirements for one and two family dwellings built to the
Low-Rise Residential Dwelling Code in areas where the local
jurisdiction determines that the fire apparatus means of approach
to a property or water supply serving a property does not meet
applicable fire code or state building code requirements. The
alternate method of construction, which may include but is not
limited to the installation of automatic fire sprinkler systems,
must be approved in conjunction with the approval of an
application under ORS 197.522.
(7) For lots of record existing before July 2, 2001, or
property that receives any approval for partition, subdivision or
construction under ORS 197.522 before July 2, 2001, a
municipality allowing an alternate method of construction to the
requirements for one and two family dwellings built to the
Low-Rise Residential Dwelling Code may apply the uniform
standards established by the director pursuant to subsection (6)
of this section. For property that receives all approvals for
partition, subdivision or construction under ORS 197.522 on or
after July 2, 2001, a municipality allowing an alternate method
of construction to the requirements for one and two family
dwellings built to the Low-Rise Residential Dwelling Code must
apply the uniform standards established by the director pursuant
to subsection (6) of this section.
SECTION 3. { + The amendments to ORS 447.145 and 455.610 by
sections 1 and 2 of this 2013 Act become operative January 1,
2016. + }
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