Section 290.256 - Exemptions(a) These sections do not apply to a plumbing fixture: (1) that has been ordered by or is in the inventory of a building contractor or a wholesaler or retailer in Texas on or before January 1, 1992;(2) such as a safety shower or aspirator faucet, that, because of the fixture's specialized function, cannot meet the standards established by these sections (example: fixtures in handicapped modified showers, etc.);(3) originally installed before January 1, 1992, that is removed and reinstalled in the same building on or after that date;(4) imported only for use at the importer's domicile;(5) that is a nonwater supplied urinal;(6) that has been certified by the United States Environmental Protection Agency under the WaterSense program; or(7) if it has been determined by the governing body of a municipality or county that to flush a public sewer system located in the municipality or county in a manner consistent with public health, a greater quantity of water is required because of the configuration of the drainage system of buildings located in the municipality or county or the public sewer system.(b) The water saving performance standards for a urinal and the associated flush valve, if any, sold, offered for sale, or distributed in this state on or after January 1, 2014, are the standards prescribed by § 290.252(b)(3) of this title (relating to Design Standards) if the urinal was designed for heavy-duty commercial applications.(c) The water saving performance standards for a toilet sold, offered for sale, or distributed in this state on or after January 1, 2014, are the standards prescribed by § 290.252(b)(5) of this title if the toilet is a water closet that has a design not typically found in a residential application or that is designed for a specialized application, including a water closet that: (1) is mounted on the wall and discharges to the drainage system on the floor;(2) is located in a correctional facility, as defined by Texas Penal Code, § 1.07;(3) is used in a bariatric application;(4) is used by children at a daycare facility; or(5) consists of a non-tank type commercial bowl connected to the plumbing system through a pressurized flushing device.(d) These sections do not apply to a commercial pre-rinse spray valve that: (1) as of January 1, 2006: (A) is in the inventory of a commercial pre-rinse spray valve retailer, distributor, lessor, or importer; or(B) has been ordered by a commercial pre-rinse spray valve retailer, distributor, lessor, or importer and is delivered before February 1, 2006; and(2) is sold before September 1, 2006.30 Tex. Admin. Code § 290.256
The provisions of this §290.256 adopted to be effective March 17, 1992, 17 TexReg 1646; transferred effective March 1, 1992, as published in the Texas Register, March 3, 1992, 17 TexReg 1649; amended to be effective January 7, 1994, 18 TexReg 9935; amended to be effective January 5, 2006, 30 TexReg 8956; amended to be effective April 25, 2010, 35 TexReg 3066