(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 liters per flush for toilets;

(b) 1.0 gallons or 3.785 liters per flush for urinals;

(c) 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.

(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 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 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, urinal, shower head or faucet that has not been approved under ORS § 447.020.

(4) On or after December 31, 1995, no person shall sell or offer for sale any used toilet, 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. [1991 c.945 2,3,4,5; 1993 c.207 § 1; 2001 c.104 § 185; 2001 c.540 § 23]

[1969 c.452 § 1; repealed by 1979 c.57 § 3]

(Plumbing Products Regulations)