Buying or Selling a Property
MANDATORY WATER CONSERVATION REQUIREMENTS
All real property transfers of ownership and changes in use of non-residential businesses trigger specific water conservation requirements. These can be found in District Rule 141. Properties that have a private well have additional requirements found in Regulation V, Well Monitoring.
Once the property is in compliance, complete the “Water Efficiency Standards Certification Form” and send it to conserve@mpwmd.net or to the District office.
What are the requirements?
Sites that have a Change of Ownership or receive a Water Permit for a Change of Use or Expansion of Use must meet or exceed the following standards:
- High Efficiency or Ultra High Efficiency Toilets shall be installed
- Showerheads, Rain Bars, or Body Spray Nozzles must be designed and manufactured to emit a maximum of 2.0 gallons per minute of water
- Bathroom faucets must emit a maximum of 1.2 gallons of water per minute at 60 psi
- Kitchen Sink, Utility Sink, and Bar Sink faucets must emit a maximum of 1.8 gallons of water per minute at 60 psi. Faucets may have the capability to temporarily increase flow to 2.2 gallons per minute for filling pots and pans, but must default back to a maximum Flow Rate of 1.8 gallons per minute measured at 60 psi
- Automatic Irrigation Systems, with the exception of Weather- Based Irrigation Systems, shall be retrofit to include a Rain Sensor
Other requirements apply to apartment buildings and non-residential uses.
Is it true that if I buy my toilet(s) in California, it will meet the requirements?
Yes. California sells only High Efficiency and Ultra-High Efficiency Toilets.
Do High Efficiency Toilets (i.e. 1.28 gallons per flush or less called HET) work?
Absolutely! In fact, because of the federal laws requiring them, they are designed to effectively flush waste better than many older toilets. MaP Testing has all of the information you need to make the right decision. From toilet reviews and flush ratings, to water usage reports and efficiency grades, MaP is an industry-leading provider of the most current plumbing data. MaP testing data can be found at https://map-testing.com/map-search/
Who is responsible to do the retrofits?
The owner of the property is responsible. What that means is that the retrofits should be done by the Seller, unless there is an agreement between the Seller and the Buyer that the Buyer will do the work and contact the District. The District will give a Buyer six months to do the work. Once the title transfers, doing the retrofits become the Buyer’s responsibility.
Do I need an inspection?
Maybe. If the District has a passing inspection on file that meets the current requirements and there has been no Water Permit issued and NO CHANGE to the types or number of water fixtures, the property can be “self-certified.” The link to the Water Efficiency Standards Certification Form is at the top of the page.
Do you do inspections on the weekends?
No. District inspectors are available Tuesday through Thursday. If there is an unusual circumstance, please contact us.
What to expect during a site inspection.
The inspector will arrive at the scheduled time. The inspector needs to see EVERY water fixture on the site, excluding outdoor water fixtures other than a swimming pool. The inspection is usually very quick (10-15 minutes). The inspector will likely run the showerheads and other water fixtures to determine if they are compliant with the requirements.
Do sink, shower, tub, and laundry fixtures have to have cold and hot water operational when you do an inspection?
The water must be on, and both hot and cold water must be available should the inspector wish to test the system.
Can I put a brick/flush reducer in my tank to be compliant?
No. The law requires that the toilet must be toilet designed with a maximum effective flush volume of 1.28 gallons per flush and labeled by the U.S. Environmental Protection Agency’s WaterSense program.
What if I want to remodel or pick out my own toilets?
The District will give the buyer an extension of time (6 months) to remodel and select the plumbing fixtures. If additional time is needed, contact the District for a second extension.
What if my property is not compliant?
If the property is non-compliant, the inspection report will note what needs to be done. Generally, a property owner is given at least 30 days to correct the problem. Often, simply sending in a receipt for installation of a new toilet (for example) will suffice. Occasionally, the District may send the inspector back out to verify compliance.
Can I get a rebate?
Unfortunately, rebates are not available for water fixtures that are mandatory.
What does it mean if there’s an Open Permit?
Most of the time, an “Open Permit” means that the current or previous owner of the property had a Water Permit and did not get a final inspection. Occasionally, an Open Permit means that there is a violation that was noted and that has not been verified as having been corrected. In addition, there might be fees owed. Once the property is in compliance, the Water Permit is “closed.”
What does it mean if there’s a Notice of Non-Compliance in the file?
There is (or was) a problem, and the District has recorded a document on the title of the property to notify current and future owners of this violation. Problems can be anything from not responding to a request to do an inspection, to having the wrong type of water fixtures, or having more fixtures than were permitted. To remove the notice, the District will likely need to do an inspection to verify compliance with the rules before a notice is removed. There is a small fee for removing the notice.
What do I do if there are unpermitted fixtures?
Unpermitted fixtures may be permitted with the Jurisdiction’s authorization or must be completely removed and the wall/floor finished so there is no evidence of the violation.
Can I get credit for updating my fixtures?
Possibly. When there is an application for a Water Permit, the District can review the appliance to see if it qualifies for a credit
PLEASE CALL THE CONSERVATION OFFICE AT 831.658.5601 OR EMAIL CONSERVE@MPWMD.NET FOR MORE INFORMATION