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ENVIRONMENTAL PROGRAMS DIVISION

 

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Selling Your Home/Property Ordinance

What is the Retrofit Upon Sale Ordinance? (SMMC 7.18.050)

It is a law that requires any building (residential and commercial) that changes ownership after May 1, 1993 to be certified as being retrofitted with water efficient plumbing fixtures if such fixtures are not already in place. Compliance with this ordinance is a condition of escrow.
 

What are Compliant Fixtures?

  • Ultra-low flush toilets that use a maximum of 1.6 gallons per flush
  • Urinals that use a maximum of 1 gallon per flush
  • Showerheads that emit a maximum of 2.5 gallons per minute
  • Faucets that emit a maximum of 2.5 gallons per minute
  • Residential reverse osmosis water filtration systems must be equipped with shut-off valves
 

How do I Comply with this Ordinance?

  1. Open, print and complete this Retrofit Upon Sale Compliance Application form.
     
  2. Mail the application and check, made out to Kema Inc., in the amount of $50.00. 
    Send to: Bay Saver, 639 Helena Ave., Ste. X, Helena, MT 59601, toll free (866) 728-3229.
     
  3. See list of  Sustainable Service Providers and/or the Santa Monica-Certified Plumbers List.
     
  4. Call a city-certified plumber to schedule an inspection of the property. The plumber will inspect for water efficient fixtures including: toilets, showerheads and faucets.
     
  5. These plumbers may also inspect smoke detectors and water heater straps.
     
  6. Upon passing the inspection, an original certificate will be mailed to escrow. A copy may be faxed to escrow and/or owner, agent, upon request.
     
  7. If the property fails the inspection, the owner is responsible for repairs, parts and costs necessary to meet compliance. A re-inspection is not required if City-certified plumbers are used.
     
  8. Call Bay Saver toll-free at 1-866-728-3229 if you have any questions.

Are there Exemptions to this Ordinance?

 
Exemptions include properties transferred between spouses or between parents and children; properties in foreclosure. Exemptions will be granted to buildings of local, state, or federally designated historical significance if fixtures, which match their historical architectural style, cannot be found.

It is unlawful to remove water-efficient fixtures once installed.  Penalties will be imposed for failure to comply with this ordinance. 

For details, call Bay Saver toll-free (866) 728-3229.

 

This page was last modified on 06/16/2008

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