Water-saving fixtures required in nonresidential buildings

(a) All nonresidential properties shall be equipped with low-flow kitchen faucets, lavatory faucets, and showerheads within one year of January 16, 1992.* (b) Except as provided in § 30-4.3 , and unless granted an extension of time by the building board of appeals pursuant to subsection (d), all nonresidential properties shall be equipped with ultra-low flush toilets by January 1, 1998, and low-flush urinals within two years of January 16, 1992;* provided that if a nonresidential property is equipped with wall-mounted flushometer toilets with blowout action, such toilets need not be replaced with ultra-low flush toilets; and provided further, that nonresidential properties shall be exempt from the requirement to be equipped with ultra-low flush toilets if they qualify for an exemption under § 30-4.6 . (c) The administrative authority shall allow extensions of time for good cause shown. A nonresidential property may be granted an extension of time to install low-flow kitchen faucets, lavatory faucets, and showerheads of up to six months after the deadline specified in subsection (a), and may be granted an extension to install ultra-low flush toilets and low-flush urinals of up to six months after the deadline specified in subsection (b). (d) The owner or operator of a nonresidential property may appeal a decision of the administrative authority: (1) Denying any extension of time for the installation of low-flow kitchen faucets, lavatory faucets, and showerheads or ultra-low flush toilets and low-flush urinals; or (2) Granting an extension that is less than what the owner or operator had requested. Appeals by an owner or operator shall be to the building board of appeals. The board may grant an extension of time if it finds that the time period appealed from poses an undue hardship; provided that the total time of compliance shall not exceed two years for low-flow kitchen faucets, lavatory faucets, and showerheads and three years for low-flush urinals; and provided further, that for ultra-low flush toilets, the total time for compliance shall not extend beyond January 1, 1999. (e) Owners or operators of nonresidential properties which, before January 16, 1992,* have already installed low-flow kitchen faucets, lavatory faucets, and showerheads and ultra-low flush toilets and low-flush urinals which meet the water flow standards of this article, and dual-flush mechanisms for toilets which accomplish the purpose and objective of this article, as determined by the board of water supply, shall be exempt from the application of this article. The board of water supply shall adopt rules governing such exemptions in accordance with HRS Chapter 91. Editor’s note: * “January 16, 1992” is substituted for “the effective date of this article” and “the effective date of this section.”