45-315. Waiver of requirements; unavailability; health or safety requirements

A. If a water conserving plumbing fixture required by this article is unavailable from any reasonable source for a period of more than thirty days, the developer, builder or contractor of a new building or of a modification or addition to an existing building may apply for a waiver of the requirements of this article. The application for a waiver shall be in writing, shall contain sufficient documentation to support the claim that the device will not be available for a period of more than thirty days and shall be delivered to the director, either personally or by certified mail. The director may request additional information in order to determine if the application for waiver is valid.

B. Within three days of receipt of a completed application for a waiver pursuant to subsection A, the director shall either grant or deny the waiver. If the director finds that plumbing fixtures that meet the requirements of this article are unavailable from any reasonable source for a period of more than thirty days, the director may grant to the applicant a written waiver allowing installation of plumbing fixtures that do not meet the standards prescribed by this article for a period of one hundred eighty days from the date the waiver is issued. If plumbing fixtures meeting the requirements of this article become available before the one hundred eighty day period expires, the waiver terminates automatically except as to any noncomplying plumbing fixtures already purchased pursuant to a waiver obtained under this subsection.

C. If a water conserving plumbing fixture required by this article would cause a health or safety hazard or an unusual hardship, including any hardship for persons with disabilities or officially designated historic buildings, or would require a greater quantity of water to be used to operate the fixture properly if installed in a new or existing building, the developer, builder, contractor, owner or tenant of the building may apply for a waiver of the requirements of this article. The application for waiver shall be in writing, shall contain sufficient documentation to support the claim that the fixture would cause a health or safety hazard or an unusual hardship, including any hardship to persons with disabilities or officially designated historic buildings, or would require a greater quantity of water to be used to operate the fixture properly, and shall be delivered to the director, either personally or by certified mail. The director may request additional information in order to determine whether the application for waiver is valid.

D. Within three days of receipt of a completed application for a waiver pursuant to subsection C, the director shall either grant or deny the waiver. If the director finds that the use of a water conserving plumbing fixture required by this article would cause a health or safety hazard or an unusual hardship, including any hardship for persons with disabilities or officially designated historic buildings, or would require a greater quantity of water to be used to operate the fixture properly, the director may grant to the applicant a written waiver allowing installation of noncomplying plumbing fixtures for those uses identified in the application.