Toilet rebate program called a 'royal flush.' (New York, New York Department of Environmental Protection offers rebate on water conservation devises)

As the toilet rebate program moves from the Bronx into Manhattan, owners are filing their applications and beginning to install the various water-saving devices required to get their money. Brooklyn joins the program on sept. 15, while the boroughs of Queens and Staten Island begin on Dec. 15.

All residential owners, including cooperatives, condominiums and even single--family homes, are eligible for the rebates, as are commercial buildings.

The rebate program is slated to run for three years or until the city's allotted $267 million is rebated, representing about i million new toilets.

Of that money, $27 million was budgeted for administrative costs, but program director Warren Liebold, director of conservation for the Department of Environmental Protection, says the city will spend much, much less. "Then the issue will be if we can use some of that money for rebates. This is a problem I wouldn't mind having because it would mean that it's enormously successful."

Under local law, any toilets that are replaced must be rated as using 1.6 gallons of water per flush. While the city has an approved list of models, independent tests are determining that not all toilets approved by the city are actually using 1.6 gallons and at least one unapproved 3.5 gallon toilet has been fraudulently relabeled.

While about 6,300 units have made the changeover, owner groups and water saver experts are cautioning that those owners that do not have to install these devices immediately might want to wait six months or so to determine the maintenance records on those that have already gone into apartments.

Liebold said a performance survey is going out soon to owners that have already made these installations and- the results will be made public.

In order to qualify for the rebates, owners must call the Department of Environmental Protection (DEP) at 212-685-5575 and ask for a toilet rebate form, fill it out, file it, and obtain approval before installation. Most installers will complete the required paperwork.

"If they install before obtaining the approvals, they will not get the rebate, " warned DEP spokesperson Ian Michaels. he claimed the turnaround time is about a week once the application is received. Right now, applications for over 100,000 units are waiting for approvals.

Residential properties are eligible to receive $240 for the first toilet, bathroom aerator, water restricting shower head and kitchen aerator replaced in each dwelling unit. Additional toilets are eligible for a $150 rebate. Commercial owners are eligible for a $150 rebate.

Some attorneys have warned that a renovation in a commercial building's public or employee toilet area could trigger federal Americans With Disabilities Act provisions and require a certain number of toilets become handicapped accessible. This may require enlarging bathroom areas and making other modifications. Owners should consult with their counsel if contemplating such a switch.

Charles R. Rappaport, president of the Federation of New York Housing Cooperatives, was concerned that toilet models should meet handicapped accessibility requirements and would like to see more publicity about the program. "Then, by all means, I would give it serious consideration," he said.

For all properties, at least 70 percent of the toilets in a building must be exchanged to obtain the rebates. That will allow those owners who have problems gaining access to certain apartments to still participate.

Michaels said the DEP also changes the flat rate bill if the toilets are replaced. "We have automatically been changing people over from the standard fixture charge component," he explained," which is a savings of $29 per toilet per year. We have been doing this automatically now, but we anticipate a large increase in paperwork and can't rule out the possibility that someone will be missed later." He advises owners to write to the local borough office providing the block and lot and let them know how many toilets were switched over and ask them to modify the bill.

Additionally, Liebold said those buildings that exchange toilets and are in the meter transition program or window of opportunity program will receive an additional year of frontage rates.

According Michaels, the city has rebated half a million dollars so far. The Bronx program has been in existence since April and to date they have received requests for 5,000 applications covering over 153,000 housing units. More than 560 applications have been approved covering 26,000 units and approximately 5,000 toilets have been replaced.

The Manhattan program began in june and dep has received requests for 1,250 applications covering approximately 60,000 units. Forty applications have been approved accounting for 1,300 units.

In the Bronx, Robert C. Rosenberg, chairman of Rosenberg & Diamond, has accounted for nearly 3,000 of the toilets replaced so far. "Our company is coordinating the effort and getting close to 95 percent to 100 percent in every building," he said.

He also praised his installers, Nationwide Consultant's Nicole and Irv Ager, who are working with Metro Plumbing & Heating of Manhattan. "So far, the company has been performing fine," said rosenberg. "People were satisfied. There were a couple of problems here and there, but they fixed those problems."

Rosenberg was also pleased with the city program. "The unusual part about it is that finally, when the city mandated something, they are paying for it," Rosenberg added. "It could be another issue where they mandated something -like lead - and said, |You pay for it.'"

While there is a significant reduction in usage for high occupancy metered buildings, particularly those coming down from 7 gallon and 5 gallon fixtures, some toilets are just not providing the same savings as others.

Agreed Vantage Group's President Alan Rothschild, "A lot of the 1.6's are closer to 2."

Michaels said they have a list of approved toilets from the American National Standards Institute. "And yes, maybe there is one out there that isn't set right and uses 1.8 [gallons], but these toilets are replacing 5 or 7 gallons and all are adjustable and someone could adjust it. It's still a significant improvement from what its supposed to be."

Liebold compared a toilet passing the ANSI tests to someone passing the driver's test. "The ANSI standards are loose enough so there is a limit to how much we should bother about it. so we don't lose sleep over it."

He said there was a problem with one of the flushometers working unevenly depending on the water pressure. "If you have a six-floor walk-up and you have flushometers," he advised, "I'd change them to tanks. In theory the newer flushometers require more pressure, but in some buildings, if street pressure is down or there is old piping, it may not work properly."

Dan Margulies, executive director of the Community Housing Improvement Program (CHIP), another owner's group, said he was aware there was a technical margin for error with the toilets that are on the dep lists. he was less concerned about the extra water usage. "It still should be within acceptable margins considering it's a drop from 3.5 and typical older toilets are 5 to 7 gallons."

Margulies noted that the same model installed in different buildings may work differently, depending on water pressure or the location of the toilet relative to the stack. "If there is a long carry, some models don't have the power and in other cases its adequate," he said. "You almost have to try a toilet in a building. It was generally understood the 1.6 was a lab requirement that might vary in actual use."

Rosenberg was also unconcerned that some toilets may not be as efficient as others. "As long as it works and is in that general vicinity," he said.

Jack Freund, executive vice president of the Rent Stabilization Association, was not as kind. "It has a consequence for owners in that they think they are getting a 1.6 gallon flush, and they are going to be paying for a meter rate. They are going through some costs and aggregation and it won't be conserving as much water as the city thinks and so future water savings won't be the same. It's a typical case of government purchasing practices."

RSA is advising its 25,000 members of the availability of the program, but so far, Freund notes, they have been appropriately cautious. "We'll be monitoring it to see what the experience is with the program," he added.

Meanwhile, as the toilet manufacturers are constantly developing more efficient models to meet the worldwide standard of 6 liters/1.6 gallon toilets, technology should be improving soon.

Fred Glass, president of Water Savers, Inc., an installer who has created a West 46th Street storefront toilet testing facility said, "Maybe the government came down too hard and heavy on 1.6. Maybe they should have lowered the boom slowly. From 5 to 3.5 wasn't a big jump, but this is a big jump."

This is not rocket science," added Liebold.

Rothschild is telling people generally not to do anything yet. "It's far too early. There haven't been many put in and not enough have been in to see if they work, " he explained. "What good is putting it in if you save $100 and spend $200 in maintenance on stoppages and overflows?"

Rothschild, who consults with owners on their water conservation issues but is not an installer, is also telling clients they should first investigate the results of installing simple toilet retrofit devices, such as different types of flappers.

"Often they can get existing toilets down to 2 to 3 gallons," he noted. "they are relatively cheap and if the building is on meters already, they can pay for them in two or three months."

Leak detection and meter monitoring should also be part of any water conservation program. "A leaking toilet can cost you,' he noted. "It could run at a gallon a minute or $1,800 a year."

Those that would like to proceed with an installation should try converting a random 10 percent of the apartments first, he said, to avoid surprises.

"If the installation goes ok and they function and actually save water, it is a very good solution for the city's water and sewer supply problems," Rothschild said. "But you might be in a position where you've installed 2 to 300 headaches."