Why can hotels buy 3.5 gpf toilets, and we can't?

RBrown

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Stayed at a Hampton Inn a couple of weeks ago and the hotel room was equipped with an American Standard 3.5 gpf toilet that used a flapper. Why can't an average citizen buy one of these?
 
toilets

After the 1.6 gpf rule went into effect, companies were allowed to make 3.6 gpf models and label them "for commercial use only". I am not sure if anyone still makes them, but American Standard seems to have dropped them in favor of just making all 1.6 models.
 
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