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Click on the below links to view the ordinances.

SLO County Ordinance Title 8 (PDF)

SLO County Ordinance Title 19 (PDF)

Following is a Q/A document prepared by the Pismo Coast Association of REALTORS for their members (reprinted with permission from the Association).

Proposed Water Conservation Retrofit Ordinances:  (“PWCROs”)

Your best bet is to read both of the ordinances carefully.

This Q & A is brief and doesn’t cover all points or potential problems

What do these proposed ordinances say? In a nut shell: One ordinance deals with water conservation retrofit at point-of-sale.  The second ordinance deals with water conservation retrofit credits that will be required at point-of-permit for new construction, remodels and some additions. 

Who does point-of-sale-PWCRO affect?  All sellers of residential & commercial properties in the Nipomo Mesa Water Conservation Area and the Los Osos Groundwater Basin area.  Maps are included in the attached ordinance.  In MLS there are over 200 sellers in Nipomo and over 90 sellers in Los Osos plus additional sellers in the 93420 side of the Mesa that fall within the ordinance boundaries.

When do the PWCROs become effective:  The current Board of Supervisor “hearing” is scheduled for Tuesday, January 15^th, and if adopted, the ordinances become effective 30 days later.

What is required for a retrofit?  "Dual flush toilets that do not exceed 1.0 gallons per flush," showerheads that do not exceed 2.5 g.p.m., lavatory aerators that do not exceed 1.0 gallons, and waterless urinals in commercial properties. 

What is a “dual flush” toilet?  It has 2 buttons – 1 flush uses less water to dispose of liquids and the other side uses more water to dispose of non-liquid waste.

Is it possible to locally obtain “Dual flush” toilets that do not exceed 1.0 g.p.f.?  (Researched by Cindy Doll)

      a)  Home Depot said they don't carry them and won't be ordering them
      b)  Costco in SLO doesn't carry them
      c)  Costco in Santa Maria carries a dual flush that uses 1.1 gpf & 1.6 gpf (for $199.99)
      d)  Streator Plumbing carries only one brand that flushes at 1.1 gpf & 1.6 gpf (for $240)
      e)  Cindy spoke to at least 2 other local retail plumbing supply companies, both of whom could only find toilets              flushing at 1.6 gpf rate for the increased water flushes.

Who is responsible for completion of the retrofit?  The point-of-sale ordinance makes the seller responsible for obtaining a “Water Conservation Certificate”

How do you obtain a Water Conservation Certificate? The PWCRO says the point-of-sale retrofit will be verified by a licensed plumber or licensed building contractor who then completes a “Retrofit Verification Declaration.”  This verification along with a fee is submitted to SLO CO Planning and Building.  If the verification meets County approval, they will issue a “Water Conservation Certificate.”  Read the ordinance for other ways to comply.   In addition, all removed toilets have to be recycled in a legally established recycling facility.

How much will the county charge for submitting the request and how long will their approval process take. The fee hasn’t been determined. The PWCRO says approval is “upon submittal” but they’re not sure how long that might take. 

Is Disclosure Mandatory?  Yes.  As quoted from the ordinance “The seller and/or the seller’s real estate agent or broker, under the California Real Estate Transfer Disclosure Statement requirements made pursuant to Section 1102.6a of the California Civil Code…”

Is there a problem with the above disclosure requirement?  Yes.  The PWCRO conflicts with Civil Code Section 1102.6a, as this Section requires a “local disclosure” which solely identifies the seller to make the disclosure, and states it is not an agent disclosure. 

Are there any property types that could be exempt?  Yes, they’re noted in the proposed ordinance. 

Are brand new homes and newer homes exempt?  No

Are there any developments within the affected areas exempt?  None are mentioned.

Are there 1.0 gpf ADA compliant toilets?  Don’t know the answer.