45-315. Waiver of requirements; unavailability;
health or safety requirements
A. If a water conserving plumbing fixture required by this article is unavailable
from any reasonable source for a period of more than thirty days, the developer, builder
or contractor of a new building or of a modification or addition to an existing building
may apply for a waiver of the requirements of this article. The application for a waiver
shall be in writing, shall contain sufficient documentation to support the claim that the
device will not be available for a period of more than thirty days and shall be delivered
to the director, either personally or by certified mail. The director may request
additional information in order to determine if the application for waiver is valid.
B. Within three days of receipt of a completed application for a waiver pursuant to
subsection A, the director shall either grant or deny the waiver. If the director finds
that plumbing fixtures that meet the requirements of this article are unavailable from
any reasonable source for a period of more than thirty days, the director may grant to
the applicant a written waiver allowing installation of plumbing fixtures that do not
meet the standards prescribed by this article for a period of one hundred eighty days
from the date the waiver is issued. If plumbing fixtures meeting the requirements of
this article become available before the one hundred eighty day period expires, the
waiver terminates automatically except as to any noncomplying plumbing fixtures already
purchased pursuant to a waiver obtained under this subsection.
C. If a water conserving plumbing fixture required by this article would cause a
health or safety hazard or an unusual hardship, including any hardship for the
handicapped or officially designated historic buildings, or would require a greater
quantity of water to be used to operate the fixture properly if installed in a new or
existing building, the developer, builder, contractor, owner or tenant of the building
may apply for a waiver of the requirements of this article. The application for waiver
shall be in writing, shall contain sufficient documentation to support the claim that the
fixture would cause a health or safety hazard or an unusual hardship, including any
hardship to the handicapped or officially designated historic buildings, or would require
a greater quantity of water to be used to operate the fixture properly, and shall be
delivered to the director, either personally or by certified mail. The director may
request additional information in order to determine whether the application for waiver
is valid.
D. Within three days of receipt of a completed application for a waiver pursuant to
subsection C, the director shall either grant or deny the waiver. If the director finds
that the use of a water conserving plumbing fixture required by this article would cause
a health or safety hazard or an unusual hardship, including any hardship for the
handicapped or officially designated historic buildings, or would require a greater
quantity of water to be used to operate the fixture properly, the director may grant to
the applicant a written waiver allowing installation of noncomplying plumbing fixtures
for those uses identified in the application.
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