(Amended by Ord. No. 172,075, Eff. 7/24/98.)
(a) Each owner of a commercial or industrial building which does not qualify as a small business operation under Section 122.02(g) and each owner of a multi-family residential building which has more than 10 units shall employ a qualified person, as indicated in one of the categories listed below, to inspect the building or building, and, if it is in conformance with the requirements of this article, to file a Certificate of Compliance on a form provided by the Department of Water and Power. The Certificate of Compliance shall be signed by the property owner or the owner’s agent and the qualified person who performed the inspection and shall certify that, based on personal knowledge, each water closet, urinal and showerhead in a particular building is in compliance with the requirements of Section 122.03. In addition, at the time of sale of any building described in this paragraph, a new Certificate of Compliance shall be signed by the buyer or buyer’s agent and the qualified person who performed the inspection and shall certify that, based on personal knowledge, each water closet, urinal and showerhead in a particular building is in compliance with the requirements of Section 122.03. The following persons are be qualified to inspect buildings or buildings and submit Certificates of Compliance:
1. persons who hold valid contractor’s licenses issued by the State of California, in the proper classification;
2. persons who hold valid Maintenance Certificates of Registration issued pursuant to the provisions of Section 94.0402 of this Code;
3. persons who hold valid Water Conservation Retrofitter Certifications, provided however that such persons may only submit Certificates of Compliance for multi-family residential buildings which are three or fewer stories in height.
(b) Each owner of a Small Business Operation as defined in Section 122.02(g), after complying with the requirements of this article, shall file, or cause the owner’s agent to file, a Certificate of Compliance on a form provided by the Department of Water and Power. The Certificate of Compliance shall be signed by the owner or the owner’s agent and shall certify that, based on personal knowledge, each water closet, urinal and showerhead in a particular building is in compliance with the requirements of Section 122.03. No other person’s signature is required for submission of this certificate. In addition, at the time of sale of any such Small Business Operation, a Certificate of Compliance on a form provided by the Department of Water and Power shall be signed by both the buyer or buyer’s agent and the seller or seller’s agent and either by a person listed in Subsections 1, 2, or 3 of Section 122.06(a) above or by a person licensed as a broker or real estate agent by the California. The Certificate of Compliance shall certify that, based on personal knowledge of the person signing the Certificate, each water closet, urinal and showerhead in a particular building is in compliance with the requirements of Section 122.03.
(c) Each owner of a one or two-family dwelling, or a multi-family residential building with 10 or fewer units, or an individual condominium unit if a satisfactory verification of condominium status has been submitted to the Department of Water and Power, after complying with the requirements of this article, shall file an Owner-Certified Notice of Compliance. This Notice of Compliance is a written statement signed by the owner or the owner’s agent on a form provided by the Department of Water and Power which certifies that each water closet, urinal and showerhead in a particular building is in compliance with the requirements of Section 122.03. In addition, at the time of sale of any such dwelling or building, a Certificate of Compliance on a form provided by the Department of Water and Power shall be signed by both the buyer or buyer’s agent and the seller or seller’s agent and either by a person listed in Subsections 1, 2, or 3 of Section 122.06(a) above or by a person licensed as a broker or real estate agent by the California. The Certificate of Compliance shall certify that, based on personal knowledge of the person signing the Certificate, each water closet, urinal and showerhead in a particular building is in compliance with the requirements of Section 122.03.
(d) The Certificate of Compliance or Owner-Certified Notice of Compliance shall be filed with the Department of Water and Power within 15 days after complying with the provisions of this article.
(e) The provisions of Paragraphs (a) through (e) of this section do not apply if a valid Certificate of Compliance has been previously submitted to the Department of Water and Power within one year of the date that the owner acquired title to the property.
(f) A Certificate of Compliance or an Owner-Certified Notice of Compliance may be rejected if the Department of Water and Power determines that the qualified person employed to inspect the work has failed or neglected to comply with the provisions of this article, or that the Certificate or Notice of Compliance contains a false statement of representation, or fails to disclose a material fact.
(g) No person shall charge more than $25 per dwelling unit for inspecting apartment units and certifying compliance with these regulations.
(h) Any person who knowingly and willfully makes a false statement or representation or fails to disclose a material fact in a Certificate of Compliance or in an Owner-Certified Notice of Compliance submitted to the Department of Water and Power shall be punishable by a fine of not more than $25.00 for the first violation, a fine of not more than $50.00 for the second violation within one year, and a fine of not more than $100.00 for the third violation and each additional violation within one year.