On February 5, 2008, DeKalb County passed an ordinanceaffectingevery property in unincorporated areas of the countyon whichthere is a building constructed before January 1,1993. Ingeneral, the purpose of the ordinance is to require allsuchbuildings to be retrofitted with water-conservingplumbingfixtures (sometimes called “low flow” plumbingfixtures) at thetime they are sold. Set forth below is anexplanation of how thenew ordinance will work in questionand answer format.

1. Does the ordinance apply to all of DeKalb County oronly topart of it?

The ordinance only applies to properties located inunincorporated DeKalb County. If the property is locatedwithin acity in DeKalb County, such as Decatur, Chambleeor Lithonia, the ordinance does not apply. If Dunwoodybecomes a city later onthis year, the ordinance will not apply.However, until thatoccurs, Dunwoody will remain inunincorporated DeKalb County andas such be subject to theordinance.

For residential property, the answer is June 1, 2008.Non-residentialproperties including apartment complexes are notsubject to the new law until January 1, 2009.

No, the ordinance only applies to properties with structuresonthem that were built before January 1, 1993. After thattime,building codes were changed to require the installationof low-flow water devices.

A water-conserving plumbing fixture means the following:ultralow-flow toilets (ULFTs) that use a maximum of 1.6gallons perflush; urinals that use a maximum of 1.0 gallonsper flush;shower heads that emit a maximum of 2.5 gallonsper minute:lavatory faucets that emit a maximum of 2.0gallons per minute;and kitchen faucets that emit a maximumof 2.2 gallons per minute.

Before a buyer can connect to water service from DekalbCounty,the buyer must fill out an application and attach acertificateof compliance that all plumbing fixtures are waterconservingfixtures. The certificate must be signed by a homeinspector, alicensed plumber or an inspector with DekalbCounty’s Departmentof Watershed Management. The formof the certificate is currentlybeing prepared by theDepartment of Watershed Management.

Thechallenge of the ordinance is that most buyers will wantwaterservice immediately upon purchasing their propertiesbut may notbe able to get it until they have gone through theprocess of getting properties retrofitted. This means that atypical buyerwill either need to request the seller to retrofitthe property or will need to arrange for the retrofitting to bedoneimmediately upon the closing of the purchase. Thelikely effectof this ordinance is that buyers of propertiessubject to theordinance will request their home inspectors toinspect allplumbing fixtures in the property to determine ifthey are allwater-conserving plumbing fixtures. If they arenot, the brokerrepresenting the buyer will likely encouragethe buyer to requestthat the seller retrofit the property in anAmendment to AddressConcerns With Property. A samplespecial stipulation that can beused in either an Amendmentto Address Concerns With Property ora Purchase and SaleAgreement is as follows:

Prior to closing seller agrees to replace all non-waterconservingplumbing fixtures on the property withwaterconservingplumbing fixtures. A water-conserving plumbingfixture shall mean the following: ultra low-flow toilets(ULFTs)that use a maximum of 1 .6 gallons per flush;urinals that use amaximum of 1 .0 gallons per flush: showerheads that emit amaximum of 2.5 gallons per minute;lavatory faucets that emit amaximum of 2.0 gallons perminute; and kitchen faucets that emit a maximum of 2.2gallons per minute.

In addition, seller shall provide buyer at or before theclosing with the Dekalb County Department of WatershedManagementCertificate signed by either a home inspector,licensed Georgiaplumber or Department of WatershedManagement inspectorcertifying that the property onlycontains water-conservingplumbing fixtures.

Sellers of the property subject to the ordinance arerequiredto disclose to buyers before they sign a purchase andsaleagreement that 1 ) the property is located in unincorporatedDekalb County and contains a residence constructed prior to1993,and 2) Buyer will be obligated as a condition ofapplying forwater service from DeKalb County to attach tothe application acertificate of compliance signed by a homeinspector, Departmentof Watershed Management inspectoror licensed plumber certifyingthat all plumbing fixtures onthe property are water-conservingplumbing fixtures. Asample disclosure statement is availableonline at DeKalbCounty’s website.

Yes. The ordinance applies to both residential andnonresidentialproperty if it contains a structure built prior toJanuary 1, 1993.

Yes. The requirement to retrofit the otherwise subjectproperty does not apply if:

1. The property is being advertised for foreclosure;

2. Buyer is demolishing the residence after it is purchased;provided, however, that any water service that is beingobtainedby the Buyer may only be used for demolition orconstruction related purposes;

3. Buyer is a spouse, child or parent of the seller (includingconveyances during the administration of the estate of suchspouse, parent or child);

4. Cost to install the water-conserving plumbing fixturesexceedsone thousand ($1,000) dollars per toilet in a singlefamily residential building; or

5. The cost to install the water-conserving plumbing fixturesexceeds two thousand ($2,000) dollars per toilet in acommercial building.

At present, the answer to this question is yes. On January8,2008, the Dekalb County Department of WatershedManagementbegan a toilet retrofit rebate program for DekalbCounty watercustomers whose homes were built prior to1993. Under theprogram, customers who install a 1.6 gallonper flush toilet areeligible for a $50 rebate and customerswho install a 1.28 gallonper flush toilet can get a $100rebate. The replacement toiletsmust have been purchasedafter January 1, 2008 and there is arebate limit of three (3)toilets per household.

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