| (a) Submeters or point-of-use submeters.
(1) Same type submeters or point-of-use submeters required.
All submeters or point-of-use submeters throughout a property must
use the same unit of measurement, such as gallon, liter, or cubic
foot.
(2) Installation by owner. The owner shall be responsible
for providing, installing, and maintaining all submeters or point-of-use
submeters necessary for the measurement of water to tenants and to
common areas, if applicable.
(3) Submeter or point-of-use submeter tests prior to
installation. No submeter or point-of-use submeter may be placed in
service unless its accuracy has been established. If any submeter
or point-of-use submeter is removed from service, it must be properly
tested and calibrated before being placed in service again.
(4) Accuracy requirements for submeters and point-of-use
submeters. Submeters must be calibrated as close as possible to the
condition of zero error and within the accuracy standards established
by the American Water Works Association (AWWA) for water meters. Point-of-use
submeters must be calibrated as closely as possible to the condition
of zero error and within the accuracy standards established by the
American Society of Mechanical Engineers (ASME) for point-of-use and
branch-water submetering systems.
(5) Location of submeters and point-of-use submeters.
Submeters and point-of-use submeters must be installed in accordance
with applicable plumbing codes and AWWA standards for water meters
or ASME standards for point-of-use submeters, and must be readily
accessible to the tenant and to the owner for testing and inspection
where such activities will cause minimum interference and inconvenience
to the tenant.
(6) Submeter and point-of-use submeter records. The
owner shall maintain a record on each submeter or point-of-use submeter
which includes:
(A) an identifying number;
(B) the installation date (and removal date, if applicable);
(C) date(s) the submeter or point-of-use submeter was
calibrated or tested;
(D) copies of all tests; and
(E) the current location of the submeter or point-of-use
submeter.
(7) Submeter or point-of-use submeter test on request
of tenant. Upon receiving a written request from the tenant, the owner
shall either:
(A) provide evidence, at no charge to the tenant, that
the submeter or point-of-use submeter was calibrated or tested within
the preceding 24 months and determined to be within the accuracy standards
established by the AWWA for water meters or ASME standards for point-of-use
submeters; or
(B) have the submeter or point-of-use submeter removed
and tested and promptly advise the tenant of the test results.
(8) Billing for submeter or point-of-use submeter test.
(A) The owner may not bill the tenant for testing costs
if the submeter fails to meet AWWA accuracy standards for water meters
or ASME standards for point-of-use submeters.
(B) The owner may not bill the tenant for testing costs
if there is no evidence that the submeter or point-of-use submeter
was calibrated or tested within the preceding 24 months.
(C) The owner may bill the tenant for actual testing
costs (not to exceed $25) if the submeter meets AWWA accuracy standards
or the point-of-use submeter meets ASME accuracy standards and evidence
as described in paragraph (7)(A) of this subsection was provided to
the tenant.
(9) Bill adjustment due to submeter or point-of-use
submeter error. If a submeter does not meet AWWA accuracy standards
or a point-of-use submeter does not meet ASME accuracy standards and
the tenant was overbilled, an adjusted bill must be rendered in accordance
with §24.283(k) of this title (relating to Billing). The owner
may not charge the tenant for any underbilling that occurred because
the submeter or point-of-use submeter was in error.
(10) Submeter or point-of-use submeter testing facilities
and equipment. For submeters, an owner shall comply with the AWWA's
meter testing requirements. For point-of-use meters, an owner shall
comply with ASME's meter testing requirements.
(b) Plumbing fixtures. After January 1, 2003, before
an owner of an apartment house, manufactured home rental community,
or multiple use facility or a manager of a condominium may implement
a program to bill tenants for submetered or allocated water service,
the owner or manager shall adhere to the following standards:
(1) Texas Health and Safety Code, §372.002, for
sink or lavatory faucets, faucet aerators, and showerheads;
(2) perform a water leak audit of each dwelling unit
or rental unit and each common area and repair any leaks found; and
(3) not later than the first anniversary of the date
an owner of an apartment house, manufactured home rental community,
or multiple use facility or a manager of a condominium begins to bill
for submetered or allocated water service, the owner or manager shall:
(A) remove any toilets that exceed a maximum flow of
3.5 gallons per flush; and
(B) install toilets that meet the standards prescribed
by Texas Health and Safety Code, §372.002.
(c) Plumbing fixture not applicable. Subsection (b)
of this section does not apply to a manufactured home rental community
owner who does not own the manufactured homes located on the property
of the manufactured home rental community.
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