Plumbing guide · San Jose, CA
SB 407 and water-conserving fixtures in San Jose, CA
Pull a permit to remodel a kitchen in an older San Jose house, and the inspector may ask about the toilets in the other bathrooms. That surprises a lot of homeowners. Here is what California's SB 407 requires, when it applies, and how to handle it without delaying a project.
By Earl Newcomb, Plumbing Guides Editor · Updated September 2026
SB 407, California Civil Code Sections 1101.1 to 1101.8, requires buildings built on or before January 1, 1994 to replace noncompliant plumbing fixtures with water-conserving ones as a condition of final permit approval for additions, alterations and improvements. Noncompliant means toilets over 1.6 gallons per flush, urinals over 1 gallon, showerheads over 2.5 gallons per minute and interior faucets over 2.2 gallons per minute.
What SB 407 requires
California's SB 407 set a simple standard for older buildings: if the building was built on or before January 1, 1994, its plumbing fixtures should be water-conserving. Noncompliant fixtures are toilets that use more than 1.6 gallons per flush, urinals over 1 gallon per flush, showerheads over 2.5 gallons per minute and interior faucets over 2.2 gallons per minute.
The law reaches the whole building, not just the room being worked on. A kitchen remodel can mean replacing an old toilet in a bathroom nobody planned to touch.
When it applies
The requirement is triggered when a permit is pulled for an addition, alteration or improvement on a qualifying property, and final permit approval depends on it. Permits solely for repairs or maintenance are generally not affected. California also requires sellers of pre-1994 single-family homes to disclose to buyers whether the plumbing fixtures comply, which is why the question often comes up during a sale.
Ready when you are
Remodeling a pre-1994 home?
Call any hour. We can check every fixture before your final inspection.
How cities handle it
Building departments enforce the rule at permit final, and some offer paperwork that makes it easier. Campbell, for example, issues a Water-Conserving Fixture Certificate of Compliance that owners can request. In San Jose, plan for the inspector to ask, and have the fixtures replaced or confirmed before the final inspection is scheduled.
Checking your fixtures
Toilets usually have the gallons per flush stamped inside the tank behind the seat hinge; anything marked 3.5 or 5 gallons is noncompliant. Showerheads and aerators are often stamped on the side or face. If the marks are worn off, a quick timed test with a bucket tells you the flow rate. We can check every fixture in a house during one visit and list what needs replacing.
Replacing them without slowing the project
The simplest approach is to replace noncompliant fixtures early in the project, so the final inspection is not held up waiting for a toilet. Most swaps are quick, and modern high-efficiency toilets and faucets perform well. Our water-conserving fixture upgrades page covers the work, and toilet installation explains what a replacement involves.
Cost figures on this page are planning ranges from published guides, not quotes: proplumbersanjose.com (2026-07-26); heritageplumbingsanjose.com (2026-01-30). Every job is priced after we see it.
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Where this guide leads
More guides: Sewer lateral replacement cost, Tankless vs tank water heaters, Galvanized pipes and repiping.
FAQ
Questions readers ask
Buildings built on or before January 1, 1994.
Permits solely for repairs or maintenance generally do not.
Look for the gallons per flush stamped inside the tank.
Sellers must disclose whether fixtures comply.
Yes, and we list what needs replacing.
Remodeling an older San Jose home?
Call any hour to get your fixtures checked before the final inspection.
Updated September 2026