It is enacted by the General Assembly as follows:

SECTION 1. Section 23-27.3-13 of the General Laws in Chapter 23-27.3 entitled "State Building Code" is hereby amended to read as follows:

23-27.3-13. Water closets, faucets and showerheads -- Installation -- New and existing buildings. -- (a) All buildings, the construction of which commences on or after [July 7, 1989], shall be equipped with water closets using a maximum of 1.6 gallons of water per flushing cycle and/or urinals using a maximum of 1.5 gallons of water per flushing cycle.

(b) Commencing September 1, 1990 all cities and towns shall be subject to the provisions of this subsection (b). The towns of Smithfield, Portsmouth, Middletown, and Newport, however, may impose the use of two-piece 1.6 gallon low consumption water closets upon (July 7, 1989). These water closets shall be tested in accordance with the approved testing standards of the state building code in effect on April 1, 1989.

(1) All two-piece water closets shall be low consumption toilets which use a maximum of 1.6 gallons (6 liters) per flushing cycle when tested in accordance with the hydraulic performance requirements of the American Society of Mechanical Engineers (ASME) and the American National Standards Institute (ANSI) A112.19.2- 90 and ASME/ANSI A112.19.6- 90.

(2) Water outlets and/or adjacent fittings serving lavatories, kitchen sinks and other sinks shall restrict and/or control the flow rate to not more than {DEL 2.0 DEL} {ADD 2.5 ADD} gallons per minute (gpm) {DEL (7.5 1pm) DEL} {ADD (9.47 lpm) ADD} at 80 psi. Lavatories in restrooms of public facilities shall be equipped with self-closing faucets having outlet devices which limit the flow rate to a maximum of 0.5 gpm (1.9 lpm) or self-closing metering valves which limit flow to 0.25 gallons (0.951 liters) per cycle. Showerheads shall restrict and/or control the flow rate to not more than 2.5 gpm {DEL (13.31 lpm) DEL} {ADD (9.47 lpm) ADD} at 80 psi. All lavatory and sink fittings and showerheads shall be tested in accordance with ASME/ANSI A112.18 1M 1990.

(c) Effective March 1, 1991, flushometer water closets for public use having a floor or wall mounted outlet shall be low consumption toilets which use a maximum of 1.6 gallons (6 liters) per flushing cycle when tested in accordance with ASME/ANSI A112.19.2- 90 and ASME/ANSI A112.19.690.

Except as provided in section 23-27.3-13(d) all other public use water closet types shall also be low consumption toilets which shall use a maximum of 1.6 gallons (6 liters) per flush cycle when tested in accordance with the hydraulic performance requirements of ASME/ANSI A112.19.2-90 and ASME/ANSI A112.19.6-90 and all urinals shall use a maximum of 1.0 gallons (3.785 liters) per flushing cycle when tested in accordance with the hydraulic performance requirements of ASME/ANSI A112.19.2-90 and ASME/ANSI A112.19.6-90.

(d) Commencing March 1, 1991, all one-piece water closets shall be low consumption toilets which use a maximum of 1.6 gallons (6 liters) per flushing cycle when tested in accordance with the hydraulic performance requirements of ASME/ANSI A112.19.2-90 and ASME/ANSI A112.19.6-90.

(e) The provisions of this section shall apply to all new construction as well as to renovations and replacement in existing structures, after [July 7, 1989]. In satisfaction of the requirements of this section, the installation of tank-type water closets equipped with devices which meet the test requirements of ASME/ANSI A112.19.2-90 and ASME/ANSI A112.19.6-90 shall be permitted.

(f) The performance standards of this section shall not apply to fixtures and fittings such as emergency showers, aspirator faucets, and blowout fixtures that, in order to perform a specialized function, cannot meet the standards herein specified.

(g) Based upon the evaluation and analysis of an engineer that the configuration of the building drainage system requires a greater quantity of water to adequately flush the system, an owner may submit said documentation to the commissioner for approval. If said documentation is denied, then the owner may appeal the denial to the state board of standards and appeals.

(h) No water closet may be sold in the state after March 1, 1991 unless it meets the water use efficiency standards set forth in this section.

(i) Public or public use: In the classification of plumbing fixtures, public shall apply to every fixture not defined under Private or Private Use; whether that use is restricted or unrestricted; private shall apply to fixtures in residences, apartments, condominiums and to private guest rooms in hotels where the fixtures are intended for the use of an individual.

SECTION 2. This act shall take effect upon passage.