Toilet Retrofit Program Summary

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Water Conservation Certification:
On December 21, 2010, the Manhattan Beach City Council approved the Toilet Retrofit Ordinance No. 2138, requiring that prior to transfer of ownership, dwellings meet specific water conserving standards for toilets.  A plumbing permit is not required for this program; however, the owner may elect to obtain a permit and inspection for the retrofit.

Applicability:
The provisions of the Ordinance apply to all residential buildings at the time of property sale, unless an exception (listed below) is requested, and supporting documentation is provided.

Effective Date:
Toilet Retrofit Declarations are required starting January 21, 2011

Retrofit Measures:
As a condition of escrow, each non-compliant toilet shall be replaced with a toilet with a maximum of 1.28 gallons per flush (gpf) or certify exceptions as listed below:

  • Prior valid Toilet Retrofit Certificate(s) of 1.28 gpf       
  • Foreclosure or Trustee sale        
  • Buyer to retrofit toilets within 180 calendar days from title transfer date. Buyer to sign the Toilet Retrofit Transfer of Responsibility form. 
  • Proposed demolition. Permit application date shall be within 180 calendar days of title of transfer date. Buyer to sign the Toilet Retrofit Transfer of Responsibility form.
  • Other exceptions as determined by the Director of Community Development

Responsibilities:
The seller's and buyer's real estate agent, real estate broker or real estate sales person involved in the transfer of property title subject to this Ordinance shall give written notice to the seller and buyer of the requirements of this Ordinance prior to the close of escrow and transfer of property title.

The current property owner shall certify compliance with the Ordinance by signatures on the Toilet Retrofit Declaration, as well as a licensed plumber or licensed general contractor or professional home inspector (such as CREIA or ASHI) or licensed architect.  A signed copy of the Toilet Retrofit Declaration form shall be included in the title transfer documentation and to the City, or both seller and buyer shall sign the Toilet Retrofit Transfer of Responsibility form and include this with the title transfer documentation and to the City.

The Escrow agency shall mail or email the completed Toilet Retrofit Declaration form and or, if applicable, the Toilet Retrofit Transfer of Responsibility form. For more information on water conservation, please visit the following websites:

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