On February 5th, 2008, DeKalb County passed an ordinance to require residential homes and commercial buildings, in unincorporated DeKalb County, to be retrofitted with water conserving plumbing fixtures (sometimes called “low flow fixtures”) at the time the properties are sold.  The ordinance is scheduled to go into effect on June 1, 2008 for residential homes and only applies to properties that were built prior to January 1, 1993.  (Note:  The ordinance applies only to properties in unincorporated DeKalb and does not include the DeKalb cities such as Decatur, Lithonia, Doraville or Chamblee).

Although the Federal Energy Policy Act of 1992 required all faucets and shower heads to have a flow rate of no more than 2.2 gallons per minute (gpm) at 60 PSI, DeKalb County’s new policy is aimed at older homes with outdated fixtures that do not meet the newer low flow requirements.   Older shower fixtures can use between 3.5 and 7 gallons of water per minute with some using as much as 10 gpm.  Fueled by drought conditions and tight water restrictions, DeKalb County’s new policy is expected to produce substantial water use reductions that will have a positive effect on the overall metro Atlanta region.

It is estimated that low flow toilets could save up to 22,000 gallons of water per year for a family of four, saving DeKalb County millions of gallons of water annually.  Because shower usage accounts for approximately 25% of water usage by individuals, the installation of low flow shower heads can also save a significant amount of water without much effort or cost.

Definition of “Low Flow”:

A water conserving fixture in residential homes includes ultra low flow toilets (ULFT’s) that use a maximum of 1.6 gallons per flush, showerheads that emit a maximum of 2.5 gallons per minute, lavatory faucets that emit a maximum of 2.0 gallons per minute and kitchen faucets that emit a maximum of 2.2 gallons per minute.   (There is no requirement for low flow hose bibs and laundry washer hookups).

Buyer and Seller Requirements:

Under the new rules, before a home buyer can connect to DeKalb County water service, the buyer must fill out an application for service and attach a signed Certificate of Compliance that all plumbing fixtures are water conserving fixtures.  The certificate must be signed by a home inspector, a licensed plumber or an inspector with DeKalb County’s Watershed Management.

Sellers of the property are required to disclose to buyers, before they sign a real estate sales contract, that the property is located in unincorporated DeKalb County, that the home was constructed prior to 1993, and that the buyer will be obligated to attach a signed certificate of compliance to the application for water service.

Because most home buyers will want to have water service immediately after closing, it is expected that buyers will request the seller to retrofit the property.  The GAR real estate contract already has language prepared that asks for the seller to retrofit the property in advance of closing.   In the case where a seller will not agree to retrofit, the buyer will be responsible for arranging, at their own expense, for retrofitting of the property immediately after closing.

Exclusions to the Ordinance:

Not all homes will have to meet the new, more stringent, water saving requirements.  The ordinance allows exclusions for: 

1.     Homes that are advertised as foreclosures;

2.     If the buyer is going to demolish the home and rebuild on the same lot;

3.    If the buyer is a spouse, child, or parent of the home seller;

4.    If the cost to install the water conserving fixtures exceeds $1,000 per toilet (residential) or $2,000 per toilet (commercial).

Homebuyers covered by exemption will be required to submit an Exemption Form.

Rebates Available:

Under the toilet retrofit rebate program, DeKalb County will offer rebates of $50 for each 1.6 gpm toilet and a $100 rebate for customers who install a 1.28 gpm toilet (rebate limit of 3 toilets for each).  The replacement toilets must have been purchased after January 1, 2008.

Criminal Penalties:

The new water conservation policy also has criminal penalties that could be imposed for buyers or inspectors.  “Any person who does anything prohibited or fails to do anything required by the DeKalb County Inefficient Plumbing Fixtures Replacement Plan set forth in sections 25-45 through 25-49, upon citation and conviction of the violation in a court of competent jurisdiction, shall be subject to penalties in accordance with Section 1-10”.  A second conviction carries a fine of $250 and a third conviction will cost the offender $500.  DeKalb County also reserves the right to pursue other civil or criminal remedies authorized by this code, state or federal law.

How It Affects Home Inspectors:

It is likely that home buyers will ask their home inspector to inspect all plumbing fixtures in the property to determine if they are all water conserving fixtures as required.   If the seller retrofits the property, the home inspector could provide a low flow compliance inspection during the initial home inspection.  If the buyer retrofits after closing, the inspector would have to make another trip to the property.

Because of the extra time involved with a low flow compliance inspection, this service will be an opportunity to increase inspection fees and provide a valuable service to clients and real estate agents.

How To Test:

Although the new DeKalb County ordinance does not specify how to take measurements and verify the water usage, there is a simple way to measure gpm in faucets and shower heads.

1.     Turn the fixture on at normal volume and direct the water flow into a container for 10 seconds.

2.    Measure the quantity of water in the container and convert to gallons.   (128 ounces to a gallon – take number of ounces and divide by 128 to obtain gallon measurement).

3.    Multiply the gallon measurement by  6  (10 seconds X 6 = one minute) to reach the gallons per minute number.   Example:  0.25 gallons  X   6  =   1.5 gallons per minute.

More Information:

Additional information can be found at www.dekalbwatershed.com  or you can call

(770) 270-6243.
A list of eligible toilets is available as well as several forms such as the compliance forms, rebate forms and exclusion forms.  All compliance forms must be submitted within 60 days of purchase; all rebates checks will be mailed in 60 days.