1. (a) The commission shall make and maintain a current list of plumbing fixtures that are certified to the commission by the manufacturer or importer to meet the water saving performance standards established by §290.252(b) of this title (relating to Design Standards). To have a plumbing fixture included on the commission's current list, a manufacturer or importer must:

   1. (1) furnish identification method and testing data that clearly indicates that the plumbing fixture was tested in accordance with American National Standards Institute or the American Society for Testing and Materials requirements and complies with the flow requirements established in §290.252(b) of this title; or
   2. (2) submit an identified sample plumbing fixture to the commission for testing and verification of water saving performance standards by the department; and
   3. (3) pay the appropriate fee as listed in §290.255 of this title (relating to Fees).
2. (b) The commission retains the right to request a sample of the plumbing fixture for testing.
3. (c) The commission may assess against a manufacturer or importer a reasonable fee for an inspection of a commercial pre-rinse spray valve to determine the accuracy of the manufacturer's or importer's certification in an amount determined by the commission to cover the expenses incurred in the administration of this chapter.

Source Note:The provisions of this §290.253 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.