CHAPTER 372. ENVIRONMENTAL PERFORMANCE STANDARDS FOR PLUMBING FIXTURES
HEALTH AND SAFETY CODE
TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY
SUBTITLE B. SOLID WASTE, TOXIC CHEMICALS, SEWAGE, LITTER, AND
WATER
CHAPTER 372. ENVIRONMENTAL PERFORMANCE STANDARDS FOR PLUMBING
FIXTURES
Sec. 372.001. DEFINITIONS. In this chapter:
(1) "Commercial prerinse spray valve" means a handheld device
that is designed and marketed for use with commercial dishwashing
and ware washing equipment and that is used to spray water on
dishes, flatware, and other food service items to remove food
residue before the items are cleaned in a dishwasher or ware
washer or by hand.
(2) "Commission" means the Texas Commission on Environmental
Quality.
(3) "Executive director" means the executive director of the
commission.
(4) "Plumbing fixture" means a device that receives water,
waste, or both and discharges the water, waste, or both into a
drainage system. The term includes a kitchen sink, utility sink,
lavatory, bidet, bathtub, shower, urinal, toilet, or drinking
water fountain.
(5) "Plumbing fixture fitting" means a device that controls and
directs the flow of water. The term includes a sink faucet,
lavatory faucet, shower head, or bath filler.
(6) "Pressurized flushing device" means a device that contains a
valve that:
(A) is attached to a pressurized water supply pipe that is of
sufficient size to deliver water at the necessary rate of flow to
ensure flushing when the valve is open; and
(B) opens on actuation to allow water to flow into the fixture
at a rate and in a quantity necessary for the proper operation of
the fixture and gradually closes to avoid water hammer.
(7) "Toilet" means a water closet.
(8) "Water closet" means a plumbing fixture that has a
water-containing receptor that receives liquid and solid body
waste and, on actuation, conveys the waste through an exposed
integral trap seal into a drainage system.
Added by Acts 1991, 72nd Leg., ch. 293, Sec. 2, eff. Sept. 1,
1991. Renumbered from Sec. 421.001 by Acts 1991, 72nd Leg., 1st
C.S., ch. 3, Sec. 1.047, eff. Aug. 12, 1991. Amended by Acts
1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.048, eff. Aug. 12, 1991;
Acts 1995, 74th Leg., ch. 76, Sec. 11.133, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch.
1117, Sec. 1, eff. January 1, 2006.
Acts 2009, 81st Leg., R.S., Ch.
1316, Sec. 1, eff. September 1, 2009.
Sec. 372.002. WATER SAVING PERFORMANCE STANDARDS. (a) A person
may not sell, offer for sale, distribute, or import into this
state a plumbing fixture for use in this state unless:
(1) the plumbing fixture meets the water saving performance
standards provided by Subsection (b); and
(2) the plumbing fixture is listed by the commission under
Subsection (c).
(b) The water saving performance standards for a plumbing
fixture are the following standards:
(1) for a sink or lavatory faucet or a faucet aerator, maximum
flow may not exceed 2.2 gallons of water per minute at a pressure
of 60 pounds per square inch;
(2) for a shower head, maximum flow may not exceed 2.5 gallons
of water per minute at a constant pressure over 80 pounds per
square inch;
(3) for a urinal and the associated flush valve, if any, sold,
offered for sale, or distributed in this state before January 1,
2014:
(A) maximum flow may not exceed an average of one gallon of
water per flush; and
(B) the urinal and the associated flush valve, if any, must meet
the performance, testing, and labeling requirements prescribed by
American Society of Mechanical Engineers Standard A112.19.2-2008
and Canadian Standards Association Standard B45.1-2008 "Vitreous
China Plumbing Fixtures and Hydraulic Requirements for Water
Closets and Urinals";
(4) except as provided by Subsection (g), for a urinal and the
associated flush valve, if any, sold, offered for sale, or
distributed in this state on or after January 1, 2014:
(A) maximum flow may not exceed an average of 0.5 gallons of
water per flush; and
(B) the urinal and the associated flush valve, if any, must meet
the performance, testing, and labeling requirements prescribed by
the following standards, as applicable:
(i) American Society of Mechanical Engineers Standard
A112.19.2-2008 and Canadian Standards Association Standard
B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic
Requirements for Water Closets and Urinals"; or
(ii) American Society of Mechanical Engineers Standard
A112.19.19-2006 "Vitreous China Nonwater Urinals";
(5) for a toilet sold, offered for sale, or distributed in this
state before January 1, 2014:
(A) maximum flow may not exceed an average of 1.6 gallons of
water per flush; and
(B) the toilet must meet the performance, testing, and labeling
requirements prescribed by the following standards, as
applicable:
(i) American Society of Mechanical Engineers Standard
A112.19.2-2008 and Canadian Standards Association Standard
B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic
Requirements for Water Closets and Urinals"; and
(ii) American Society of Mechanical Engineers Standard
A112.19.14-2006 "Six-Liter Water Closets Equipped With a Dual
Flushing Device";
(6) except as provided by Subsection (h), for a toilet sold,
offered for sale, or distributed in this state on or after
January 1, 2014:
(A) the toilet must be a dual flush water closet that meets the
following standards:
(i) the average flush volume of two reduced flushes and one full
flush may not exceed 1.28 gallons; and
(ii) the toilet must meet the performance, testing, and labeling
requirements prescribed by the following standards, as
applicable:
(a) American Society of Mechanical Engineers Standard
A112.19.2-2008 and Canadian Standards Association Standard
B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic
Requirements for Water Closets and Urinals"; and
(b) American Society of Mechanical Engineers Standard
A112.19.14-2006 "Six-Liter Water Closets Equipped With a Dual
Flushing Device"; or
(B) the toilet must be a single flush water closet that meets
the following standards:
(i) the average flush volume may not exceed 1.28 gallons; and
(ii) the toilet must meet the performance, testing, and labeling
requirements prescribed by American Society of Mechanical
Engineers Standard A112.19.2-2008 and Canadian Standards
Association Standard B45.1-2008 "Vitreous China Plumbing Fixtures
and Hydraulic Requirements for Water Closets and Urinals"; and
(7) a drinking water fountain must be self-closing.
(c) The commission shall make and maintain a current list of
plumbing fixtures that are certified to the commission by the
manufacturer to meet the water saving performance standards
established by Subsection (b). To have a plumbing fixture
included on the list, a manufacturer must supply to the
commission, in the form prescribed by the commission:
(1) the identification and the performance specifications of the
plumbing fixture; and
(2) certified test results from a laboratory accredited by the
American National Standards Institute verifying that the plumbing
fixture meets the water saving performance standards established
by Subsection (b).
(d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 6,
eff. September 1, 2009.
(e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 6,
eff. September 1, 2009.
(f) This section does not apply to:
(1) a plumbing fixture that has been ordered by or is in the
inventory of a building contractor or a wholesaler or retailer of
plumbing fixtures on January 1, 1992;
(2) a fixture, such as a safety shower or aspirator faucet,
that, because of the fixture's specialized function, cannot meet
the standards provided by this section;
(3) a fixture originally installed before January 1, 1992, that
is removed and reinstalled in the same building on or after that
date;
(4) a fixture imported only for use at the importer's domicile;
(5) a nonwater-supplied urinal; or
(6) a plumbing fixture that has been certified by the United
States Environmental Protection Agency under the WaterSense
Program.
(g) The water saving performance standards for a urinal and the
associated flush valve, if any, sold, offered for sale, or
distributed in this state on or after January 1, 2014, are the
standards prescribed by Subsection (b)(3) if the urinal was
designed for heavy-duty commercial applications.
(h) The water saving performance standards for a toilet sold,
offered for sale, or distributed in this state on or after
January 1, 2014, are the standards prescribed by Subsection
(b)(5) if the toilet is a water closet that has a design not
typically found in a residential application or that is designed
for a specialized application, including a water closet that:
(1) is mounted on the wall and discharges to the drainage system
through the floor;
(2) is located in a correctional facility, as defined by Section
1.07, Penal Code;
(3) is used in a bariatric application;
(4) is used by children at a day-care facility; or
(5) consists of a non-tank type commercial bowl connected to the
plumbing system through a pressurized flushing device.
Added by Acts 1991, 72nd Leg., ch. 293, Sec. 2, eff. Jan. 1,
1992. Renumbered from Sec. 421.002 by Acts 1991, 72nd Leg., 1st
C.S., ch. 3, Sec. 1.047, eff. Aug. 12, 1991. Amended by Acts
1995, 74th Leg., ch. 76, Sec. 11.134, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 333, Sec. 71, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1316, Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1316, Sec. 6, eff. September 1, 2009.
Sec. 372.0025. EXCEPTION: ACTION BY MUNICIPALITY OR COUNTY. The
governing body of a municipality or county by ordinance or order
may allow the sale in the municipality or county of a urinal or
toilet that does not comply with Section 372.002(b)(4) or (6),
respectively, if the governing body finds that to flush a public
sewer system located in the municipality or county in a manner
consistent with public health, a greater quantity of water is
required because of the configuration of the drainage systems of
buildings located in the municipality or county or the public
sewer system.
Added by Acts 2009, 81st Leg., R.S., Ch.
1316, Sec. 3, eff. September 1, 2009.
Sec. 372.003. LABELING REQUIREMENTS. (a) Repealed by Acts
2009, 81st Leg., R.S., Ch. 1316, Sec. 6, eff. September 1, 2009.
(b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 6,
eff. September 1, 2009.
(c) The commission by rule shall prohibit the sale, offering for
sale, distribution, or importation into this state of a new
commercial or residential clothes-washing machine, dish-washing
machine, or lawn sprinkler unless:
(1) the manufacturer has furnished to the commission, in the
form prescribed by the commission, the identification and
performance specifications of the device; and
(2) the clothes-washing or dish-washing machine or lawn
sprinkler is labeled in accordance with rules adopted by the
commission with a statement that describes the device's water use
characteristics.
(d) Rules adopted or amended under this section shall be
developed by the commission in conjunction with a technical
advisory panel of designated representatives of the Texas Water
Development Board and the Texas State Board of Plumbing
Examiners.
(e) This section shall not apply to those clothes-washing or
dish-washing machines that are subject to and in compliance with
the labeling requirements of the National Appliance Energy
Conservation Act of 1987, Public Law 100-12.
Added by Acts 1991, 72nd Leg., ch. 293, Sec. 2, eff. Sept. 1,
1991. Renumbered from Sec. 421.003 by Acts 1991, 72nd Leg., 1st
C.S., ch. 3, Sec. 1.047, eff. Aug. 12, 1991. Amended by Acts
1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.049, eff. Aug. 12, 1991;
Acts 1995, 74th Leg., ch. 76, Sec. 11.135, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1316, Sec. 6, eff. September 1, 2009.
Sec. 372.0035. LEAD IN PLUMBING FIXTURES, PIPE, AND PIPE
FITTING. (a) A person may not sell or offer for sale a plumbing
fixture, pipe, or pipe fitting that contains more than eight
percent lead for installing or repairing:
(1) a public drinking water system; or
(2) plumbing that provides water for human consumption and is
connected to a public drinking water system.
(b) A person may not sell or offer for sale solder or flux that
contains more than two-tenths percent lead for installing or
repairing:
(1) a public drinking water system; or
(2) plumbing that provides water for human consumption and is
connected to a public drinking water system.
(c) For purposes of this section, a person engaged in the
business of installing or repairing plumbing is considered to
have sold or offered for sale a plumbing fixture, pipe, pipe
fitting, solder, or flux if the person uses or offers to use the
fixture, pipe, fitting, solder, or flux to install or repair
plumbing.
(d) This section does not prohibit the sale or offer for sale of
a lead joint necessary for the repair of cast-iron pipe. The
commission shall adopt rules to implement this subsection.
(e) The commission may adopt rules to implement this section.
(f) If a person licensed under Chapter 1301, Occupations Code,
violates this section, the Texas State Board of Plumbing
Examiners may discipline the person under Subchapter I of that
chapter as if a violation of this section were a violation of
that chapter.
(g) A person commits an offense if the person violates
Subsection (a) or (b). An offense under this subsection is a
Class C misdemeanor. Each violation is a separate offense and
each day of a continuing violation is a separate offense.
(h) A field representative of the Texas State Board of Plumbing
Examiners or, within the jurisdiction of a municipality, a
municipal plumbing inspector may issue a citation to a person who
violates this section.
Added by Acts 1993, 73rd Leg., ch. 751, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.136, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.787, eff.
Sept. 1, 2003.
Sec. 372.004. REPORT TO LEGISLATURE. (a) In this section,
"water consumption factor" has the meaning assigned by 10 C.F.R.
Part 430, Subpart B, Appendix J, as that appendix existed on
September 1, 2001.
(b) This section does not apply to a clothes-washing machine
with a capacity of more than 3.5 cubic feet or less than 1.6
cubic feet.
(c) The commission shall report to the legislature not later
than February 28 of each year on:
(1) the number of clothes-washing machines with a water
consumption factor of more than 11 that were imported into this
state during the preceding calendar year;
(2) the number of clothes-washing machines with a water
consumption factor of more than 9.5 but not more than 11 that
were imported into this state during the preceding calendar year;
(3) the number of clothes-washing machines with a water
consumption factor of 9.5 or less that were imported into this
state during the preceding calendar year; and
(4) the average water consumption factor of all clothes-washing
machines that were imported into this state during the preceding
calendar year.
(d) The commission by rule shall require appropriate industry
trade associations or other entities to provide the information
described by Subsection (c) to the commission not later than
January 31 of each year.
Added by Acts 2001, 77th Leg., ch. 1322, Sec. 1, eff. Sept. 1,
2001.
For expiration of this section, see Subsection (c).
Sec. 372.0045. PHASE-IN OF WATER SAVING PERFORMANCE STANDARDS.
(a) Notwithstanding Sections 372.002(b)(3) and (5), at least the
following percentage of the models of urinals and of the models
of toilets offered for sale by a manufacturer in this state must
meet the requirements of Sections 372.002(b)(4) and (6),
respectively:
(1) 50 percent of the models of urinals and of the models of
toilets offered for sale on January 1, 2010;
(2) 67 percent of the models of urinals and of the models of
toilets offered for sale on January 1, 2011;
(3) 75 percent of the models of urinals and of the models of
toilets offered for sale on January 1, 2012; and
(4) 85 percent of the models of urinals and of the models of
toilets offered for sale on January 1, 2013.
(b) Not later than January 31 of each year, a manufacturer that
offers urinals or toilets for sale in this state shall notify the
commission in writing of the percentage of the models of urinals
and of the models of toilets offered for sale by the manufacturer
in this state that meet the requirements of Sections
372.002(b)(4) and (6), respectively.
(c) This section expires September 1, 2013.
Added by Acts 2009, 81st Leg., R.S., Ch.
1316, Sec. 3, eff. September 1, 2009.
Sec. 372.005. COMMERCIAL PRERINSE SPRAY VALVE PERFORMANCE
STANDARDS. (a) A person may not sell, offer for sale,
distribute, lease, or import into this state a commercial
prerinse spray valve for use in this state unless the prerinse
spray valve:
(1) has a flow rate of 1.6 gallons of water per minute or less,
as determined using the standard test method for prerinse spray
valves developed by the American Society for Testing and
Materials as specified in ASTM F2324-03 as that method existed on
January 1, 2006; and
(2) is listed by the commission under Subsection (b).
(b) The commission shall make and maintain a current list of
commercial prerinse spray valves that are certified to the
commission by the manufacturer or importer to meet the
performance standards provided by Subsection (a)(1). To have a
commercial prerinse spray valve included on the list, the
manufacturer or importer must supply to the commission, in the
form prescribed by the commission, the identification and the
performance specifications of the prerinse spray valve. The
commission may test a listed commercial prerinse spray valve to
determine the accuracy of the manufacturer's or importer's
certification and shall remove from the list a prerinse spray
valve the commission determines to be inaccurately certified.
(c) The commission may assess against a manufacturer or an
importer a reasonable fee for an inspection of a commercial
prerinse spray valve to determine the accuracy of the
manufacturer's or importer's certification in an amount
determined by the commission to cover the expenses incurred in
the administration of this chapter. A fee received by the
commission under this subsection shall be deposited in the state
treasury to the credit of the water resource management account.
Fees deposited under this section may be appropriated only for
the administration of this chapter.
Added by Acts 2005, 79th Leg., Ch.
1117, Sec. 2, eff. January 1, 2006.
Sec. 372.006. NONWATER-SUPPLIED URINAL PERFORMANCE STANDARDS.
(a) A person may not sell, offer for sale, or distribute in this
state a nonwater-supplied urinal for use in this state unless the
nonwater-supplied urinal:
(1) meets the performance, testing, and labeling requirements
prescribed by the following standards, as applicable:
(A) American Society of Mechanical Engineers Standard
A112.19.19-2006 "Vitreous China Nonwater Urinals"; or
(B) International Association of Plumbing and Mechanical
Officials Standard ANSI Z124.9-2004 "Plastic Urinal Fixtures";
(2) provides a trap seal that complies with the building code of
the local government in which the urinal is installed; and
(3) permits the uninhibited flow of waste through the urinal to
the sanitary drainage system.
(b) The manufacturer or importer must submit to the commission
certified test results from a laboratory accredited by the
American National Standards Institute verifying that the
nonwater-supplied urinal conforms to the requirements described
by Subsection (a)(1).
(c) A person who installs a nonwater-supplied urinal shall
install water distribution and fixture supply piping sized to
accommodate a water-supplied urinal to an in-wall point
immediately adjacent to the nonwater-supplied urinal location so
that the nonwater-supplied urinal can be replaced with a
water-supplied urinal if desired by the owner or required by a
code enforcement officer.
(d) A person who owns a nonwater-supplied urinal shall clean and
maintain the nonwater-supplied urinal in accordance with the
manufacturer's instructions.
Added by Acts 2009, 81st Leg., R.S., Ch.
1316, Sec. 3, eff. September 1, 2009.