On February 26th, 2008 Dekalb County approved the Inefficient Plumbing Fixtures Replacement Plan. This ordinance calls for any home built prior to 1993 to have low flow toilet & plumbing fixuteres installed before the homeowner can obtain water from the county. Effective June 1, 2008, Sellers will be required to disclose the Dekalb County Ordinance when selling their homes and before the new homeowner can obtain water service, they must provide written proof from a home inspector, licensed plumber or a Department of Watershed Inspector. This certificate will be required with their application for water service. Single family homes & condos will need to have the following:
1. Toilets can have a max 1.6 gallons per flush
2. Shower heads can put out a max 2.5 gallons per minute
3. Lavatory faucets can put out a max 2.0 gallons per minute
4. Kitchen faucets can put out a max 2.2 gallons per minute
Based on average home sales statistics, Dekalb County foresees saving 360,000 gallons of water a day by enacting this ordinance and predict it will take more than 33 years to replace all of the older water guzzling toilets & fixtures.
Now there are some exemptions to this ordinance and they include the following:
1. Foreclosure Sales
2. Family Sales >from spouse to spouse or from parents to their children
3. Homes that will be demolished after the sale
4. Circumstances where the cost of the toilet will be over $1,000.00 per toilet to change out
If you violate these new laws, you are subject to the following penalties:
1. 1st violation will be a warning
2. 2nd violation (within 12 months of first violation) will be $250.00
3. 3rd violation (within 12 months of first violation) will be $500.00
The purpose of the ordinance is to require that all plumbing fixtures on the property be certified as "low-flow" or water-conserving fixtures before the buyer of the property can receive water service. If a qualifying property does not contain low-flow fixtures, then the fixtures must be replaced or retrofitted to be low-flow (hence, the term "retrofit at resale"). This ordinance becomes effective for residential properties on June 1, 2008, and for commercial properties, including apartments, on January 1, 2009.
Georgia Association of REALTORS® attorney Seth Weissman has prepared a white paper explaining the ordinance, and the GAR Forms Committee has developed a disclosure exhibit that can be used by agents involved in a transaction in DeKalb County. DeKalb County has also promulgated several forms.
