(a) A nonresidential property shall not be required to comply with the requirements of § 30-4.2(b) if the administrative authority determines, upon application of the property owner or operator, that the age, condition, or type of plumbing system of such nonresidential property would prevent the proper functioning of water-saving toilets. Should the administrative authority determine that the applicant’s plumbing system does not prevent the proper functioning of water-saving toilets, the applicant may appeal that decision in accordance with subsection (c). In the event the owner or operator does not appeal the decision, water-saving toilets shall be installed on such owner’s or operator’s nonresidential property within the time period provided in § 30-4.2(b) or within six months of the administrative authority’s decision, whichever is later.
(b) If the administrative authority determines that the applicant’s plumbing system does prevent the proper functioning of water-saving toilets, the nonresidential property owner or operator shall prepare a water conservation plan within six months of the date of that determination. That plan shall provide for the conservation of water by the nonresidential property in an amount not less than the amount of water that would be conserved, over an equal period of time, through the installation of water-saving toilets on such nonresidential property. The plan shall be submitted to the administrative authority for approval. The administrative authority, in consultation with the board of water supply, shall either approve or deny the water conservation plan. If the administrative authority approves the plan, the plan shall be in lieu of compliance with § 30-4.2(b) and the nonresidential property owner or operator shall implement the plan within the time period provided in § 30-4.2(b), or within six months of the administrative authority’s decision, whichever is later. If the administrative authority denies the water conservation plan, the nonresidential property owner or operator may appeal the decision in accordance with subsection (c). In the event the owner or operator does not appeal the administrative authority’s decision, water-saving toilets shall be installed on such owner’s or operator’s property within the time period provided in § 30-4.2(b) or within six months of the administrative authority’s decision, whichever is later.
(c) Any appeal from the decision of the administrative authority shall be made to the building board of appeals within 30 days of the date of the administrative authority’s decision. The building board of appeals shall render a decision within 120 days of the date of the appeal. If the building board of appeals does not render a decision on an appeal made pursuant to subsection (a) or (b) within 120 days, the nonresidential property owner or operator shall prepare and implement a water conservation plan in lieu of installing water-saving toilets, or, if a plan has already been prepared, the owner or operator shall implement such plan. The nonresidential property owner or operator shall prepare or implement, or both, the plan within six months after the end of such 120-day period, or, if the board decides in favor of such owner or operator, within the time period specified in § 30-4.2(b) or within six months after the date of the board of appeal’s decision, whichever is later.
If the building board of appeals denies the appeal, the owner or operator shall install water-saving toilets on the owner’s or operator’s nonresidential property within the time period specified in § 30-4.2(b) or within six months of the board’s decision, whichever is later.
(1990 Code, Ch. 30, Art. 4, § 30-4.3) (Added by Ord. 92-01)