(a) A person may not sell, offer for sale, distribute, or import into the State of Texas a plumbing fixture for use in the state unless the plumbing fixture meets the water saving performance standards provided by subsection (b) of this section and the plumbing fixture is listed in §290.253 of this title (relating to Plumbing Fixture List).
(b) The water saving performance standards for a plumbing fixture are the following standards:
  (1) The maximum flow from a sink or lavatory faucet or a faucet aerator shall not exceed 2.20 gallons of water per minute at a pressure of 60 pounds per square inch.
  (2) The maximum flow from a shower head shall not exceed 2.5 gallons of water per minute at a constant pressure over 80 pounds per square inch.
  (3) The maximum volume of water per flush from a urinal and the associated flush valve, if any, sold, offered for sale, or distributed in this state before January 1, 2014:
    (A) maximum flow shall not exceed an average of one gallon of water per flush; and
    (B) the urinal and the associated flush valve, if any, must meet the performance, testing, and labeling requirements prescribed by the American Society of Mechanical Engineers Standard A112.19.2-2008 and Canadian Standards Association Standard B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic Requirements for Water Closets and Urinals."
  (4) Except as provided for in §290.256 of this title (relating to Exemptions), for a urinal and the associated flush valve, if any, sold, offered for sale, or distributed in this state on or after January 1, 2014:
    (A) maximum flow shall not exceed an average of 0.5 gallons of water per flush; and
    (B) the urinal and the associated flush valve, if any, must meet the performance, testing, and labeling requirements prescribed by the following standards, as applicable:
      (i) American Society of Mechanical Engineers Standard A112.19.2-2008 and Canadian Standards Association Standard B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic Requirements for Water Closets and Urinals;" or
      (ii) American Society of Mechanical Engineers Standard A112.19.19-2006 "Vitreous China Nonwater Urinals."
  (5) For a toilet sold, offered for sale, or distributed in this state before January 1, 2014:
    (A) The maximum volume of water per flush shall not exceed an average of 1.60 gallons; and
    (B) The toilet must meet the performance, testing, and labeling requirements prescribed by the following standards, as applicable:
      (i) American Society of Mechanical Engineers Standard A112.19.2-2008 and Canadian Standards Association Standard B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic Requirements for Water Closets and Urinals;" and
      (ii) American Society of Mechanical Engineers Standard A112.19.14-2006 "Six-Liter Water Closets Equipped with a Dual Flushing Device."
  (6) Except as provided for in §290.256 of this title, for a toilet sold, offered for sale, or distributed in this state on or after January 1, 2014 must be:
    (A) A dual flush toilet that meets the following standards:
      (i) The average flush volume of two reduced flushes and one full flush may not exceed 1.28 gallons; and
      (ii) The toilet must meet the performance, testing, and labeling requirements prescribed by the following standards, as applicable:
        (I) American Society of Mechanical Engineers Standard A112.19.2-2008 and Canadian Standards Association Standard B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic Requirements for Water Closets and Urinals;" and
        (II) American Society of Mechanical Engineers Standard A112.19.4-2006 "Six-Liter Water Closets Equipped with a Dual Flushing Device;" or
    (B) A single flush toilet that meets the following standards:
      (i) The average flush volume may not exceed 1.28 gallons; and
      (ii) The toilet must meet the performance, testing, and labeling requirements prescribed by American Society of Mechanical Engineers Standard A112.19.2-2008 and Canadian Standards Association Standard B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic Requirements for Water Closets and Urinals."
  (7) All drinking water fountains shall be operated by a self-closing valve.
  (8) The maximum flow rate from a commercial pre-rinse spray valve shall not exceed 1.6 gallons of water per minute when tested with the method specified in ASTM International Standard F2324-03.
(c) Nonwater-supplied urinal performance standards are the following:
  (1) A person may not sell, offer for sale, or distribute in this state a nonwater-supplied urinal in this state unless the nonwater-supplied urinal:
    (A) meets the performance, testing, and labeling requirements prescribed by the following standards, as applicable:
      (i) American Society of Mechanical Engineers Standard A112.19.19-2006 "Vitreous China Nonwater Urinals;" or
      (ii) International Association of Plumbing and Mechanical Officials Standard ANSI Z124.9-2004 "Plastic Urinal Fixtures;"
    (B) provides a trap seal that complies with the building code of the local government in which the urinal is installed; and
    (C) permits the uninhibited flow of waste through the urinal to the sanitary drainage system.
  (2) The manufacturer or importer must submit to the executive director certified test results from a laboratory accredited by the American National Standards Institute verifying that the nonwater-supplied urinal conforms to the requirements described by paragraph (1) of this subsection.
  (3) A person who installs a nonwater-supplied urinal shall install water distribution and fixture supply piping sized to accommodate a water supply urinal to an in-wall point immediately adjacent to the nonwater-supplied urinal location so that the nonwater-supplied urinal can be replaced with a water-supplied urinal if desired by the owner or required by a code enforcement officer.
  (4) A person who owns a nonwater-supplied urinal shall clean and maintain the nonwater-supplied urinal in accordance with the manufacturer's instructions.

Source Note: The provisions of this §290.252 adopted to be effective March 17, 1992, 17 TexReg 1646; transferred effective March 1, 1992, as published in the Texas Register, March 3, 1992, 17 TexReg 1649; amended to be effective January 5, 2006, 30 TexReg 8956; amended to be effective April 25, 2010, 35 TexReg 3066