CALIFORNIA CODES
HEALTH AND SAFETY
CODE
SECTION 116875-116880

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7/6/2009 10:47 AM

116875. (a) No person shall use any pipe, pipe or plumbing fittingor fixture, solder, or flux that is not lead free in the installationor repair of any public water system or any plumbing in a facilityproviding water for human consumption, except when necessary for therepair of leaded joints of cast iron pipes.

(b) No person shall introduce into commerce any pipe, pipe orplumbing fitting, or fixture, that is not lead free, except for apipe that is used in manufacturing or industrial processing.
(c) No person engaged in the business of selling plumbingsupplies, except manufacturers, shall sell solder or flux that is notlead free.
(d) No person shall introduce into commerce any solder or fluxthat is not lead free unless the solder or flux bears a prominentlabel stating that it is illegal to use the solder or flux in theinstallation or repair of any plumbing providing water for humanconsumption.
(e) For the purposes of this section, “lead free” means not morethan 0.2 percent lead when used with respect to solder and flux andnot more than 8 percent when used with respect to pipes and pipefittings. With respect to plumbing fittings and fixtures, “lead free”
means not more than 4 percent by dry weight after August 6, 2002,
unless the department has adopted a standard, based on healtheffects, for the leaching of lead.
(f) (1) All pipe, pipe or plumbing fittings or fixtures, solder,
or flux shall be certified by an independent American NationalStandards Institute (ANSI) accredited third party, including, but notlimited to, NSF International, as being in compliance with thissection.
(2) (A) The certification described in paragraph (1) shall, at aminimum, include testing of materials in accordance with theprotocols used by the Department of Toxic Substances Control inimplementing Article 10.1.2 (commencing with Section 25214.4.3) ofChapter 6.5 of Division 20.
(B) The certification required pursuant to this subdivision shallnot interfere with either the department’s exercise of itsindependent authority to protect public health pursuant to thissection, or the Department of Toxic Substances Control’s exercise ofits independent authority to implement Article 10.1.2 (commencingwith Section 25214.4.3) of Chapter 6.5 of Division 20.
(3) It is the intent of the Legislature that this subdivision onlyprovide guidance and assistance to the entities that use anindependent ANSI accredited third party to demonstrate compliancewith this section. Any tests developed by an independent ANSIaccredited third party in accordance with this subdivision shall haveno weight of authority under California statute.
(4) Notwithstanding paragraph (1), the department shall retain itsindependent authority in administering this article.
(g) This section shall remain in effect only until January 1,2010, and as of that date is repealed, unless a later enactedstatute, that is enacted before January 1, 2010, deletes or extendsthat date.
116875. (a) No person shall use any pipe, pipe or plumbing fittingor fixture, solder, or flux that is not lead free in the installationor repair of any public water system or any plumbing in a facilityproviding water for human consumption, except when necessary for the

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repair of leaded joints of cast iron pipes.

(b) (1) No person shall introduce into commerce any pipe, pipe orplumbing fitting, or fixture intended to convey or dispense water forhuman consumption through drinking or cooking that is not lead free,
as defined in subdivision (e). This includes kitchen faucets,
bathroom faucets, and any other end-use devices intended to convey ordispense water for human consumption through drinking or cooking,
but excludes service saddles, backflow preventers for nonpotableservices such as irrigation and industrial, and water distributionmain gate valves that are two inches in diameter and above.
(2) Pipes, pipe or plumbing fittings, or fixtures that are used inmanufacturing, industrial processing, for irrigation purposes, andany other uses where the water is not intended for human consumptionthrough drinking or cooking are not subject to the requirements ofparagraph (1).
(3) For all purposes other than manufacturing, industrialprocessing, or to convey or dispense water for human consumption,
“lead free” is defined in subdivision (f).
(c) No person engaged in the business of selling plumbingsupplies, except manufacturers, shall sell solder or flux that is notlead free.
(d) No person shall introduce into commerce any solder or fluxthat is not lead free unless the solder or flux bears a prominentlabel stating that it is illegal to use the solder or flux in theinstallation or repair of any plumbing providing water for humanconsumption.
(e) For the purposes of this section, “lead free” means not morethan 0.2 percent lead when used with respect to solder and flux andnot more than a weighted average of 0.25 percent when used withrespect to the wetted surfaces of pipes and pipe fittings, plumbingfittings, and fixtures. The weighted average lead content of a pipeand pipe fitting, plumbing fitting, and fixture shall be calculatedby using the following formula: The percentage of lead content withineach component that comes into contact with water shall bemultiplied by the percent of the total wetted surface of the entirepipe and pipe fitting, plumbing fitting, or fixture represented ineach component containing lead. These percentages shall be added andthe sum shall constitute the weighted average lead content of thepipe and pipe fitting, plumbing fitting, or fixture.
(f) For the purposes of paragraph (3) of subdivision (b), “leadfree,” consistent with the requirements of federal law, means notmore than 0.2 percent lead when used with respect to solder and fluxand not more than 8 percent when used with respect to pipes and pipefittings. With respect to plumbing fittings and fixtures, “lead free”
means not more than 4 percent by dry weight after August 6, 2002,
unless the department has adopted a standard, based on healtheffects, for the leaching of lead.
(g) (1) All pipe, pipe or plumbing fittings or fixtures, solder,
or flux shall be certified by an independent American NationalStandards Institute (ANSI) accredited third party, including, but notlimited to, NSF International, as being in compliance with thissection.
(2) (A) The certification described in paragraph (1) shall, at aminimum, include testing of materials in accordance with theprotocols used by the Department of Toxic Substances Control inimplementing Article 10.1.2 (commencing with Section 25214.4.3) ofChapter 6.5 of Division 20.
(B) The certification required pursuant to this subdivision shallnot interfere with either the department’s exercise of itsindependent authority to protect public health pursuant to thissection, or the Department of Toxic Substances Control’s exercise ofits independent authority to implement Article 10.1.2 (commencingwith Section 25214.4.3) of Chapter 6.5 of Division 20.
(3) It is the intent of the Legislature that this subdivision onlyprovide guidance and assistance to the entities that use an
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independent ANSI accredited third party to demonstrate compliancewith this section. Any tests developed by an independent ANSIaccredited third party in accordance with this subdivision shall haveno weight of authority under California statute.

(4) Notwithstanding paragraph (1), the department shall retain itsindependent authority in administering this article.
(h) This section shall become operative on January 1, 2010. Therequirement described in subdivision (g) shall not be construed inany manner as to justify a delay in compliance with the lead-freestandard set forth in subdivision (e).
116880. The department shall adopt building standards to implementSection 116875. The standards shall be adopted in accordance withChapter 3.5 (commencing with Section 11340) of Part 1 of Division 3of Title 2 of the Government Code and shall be published in the StateBuilding Standards Code located in Title 24 of the California Code
of Regulations. The standards shall be enforced by the appropriatestate and local building and health officials.

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