CLEVELAND, Ohio -- The

ran afoul of state building code regulations when they removed all the drinking fountains from

, according to state officials.

The Cavs likely will reinstall the fountains at the end of the month, team spokesman Tad Carper said in an e-mail after declining to be interviewed. The announcement came a day after The Plain Dealer reported that the team had removed the fountains, forcing fans to wait in concession stand lines to get free cups of water.

Carper said in the e-mail that the team was considering reinstalling the fountains because the peak of flu season was coming to an end. He said in interviews last week that the team removed the fountains to protect fans from bacteria and viruses that cause illnesses like H1N1 flu.

The fountains have been gone the entire Cavs season, which started Oct. 27. They were unavailable during the Ringling Bros. & Barnum and Bailey Circus, which was held the prior weekend.

Health officials say that water fountains are not a health threat if they are cleaned regularly, and few fans bought the explanation. Many speculated that the Cavs removed the fountains to drive up sales at concession stands, where bottles of Aquafina sell for $4.

"It's clearly an opportunity to sell more drinks," said Cleveland City Councilman Tony Brancatelli. "If there were health reasons, we'd be taking fountains out of every school and institution."

Current state building code requires one fountain for every 1,000 occupants, Matt Mullins, the spokesman for the Ohio Department of Commerce, which oversees the Board of Building Standards.

"It's a requirement to have those water fountains," Mullins said.

Cleveland's Building and Housing Department, which enforces building codes in the city, did not become aware that the team removed the fountains until after The Plain Dealer's story.

When David Cooper, deputy director of Cleveland's Building and Housing Department, looked into the issue this week, he found that the Cavs had not received city approval to remove water fountains. The arena is required to have 18 of them, which met requirements at the time, Cooper said.

Removing the fountains without approval could carry penalties, but that is unlikely to happen.

"If they do come into compliance there would be no reason to asses penalties," Cooper said.

Mayor Frank Jackson's spokeswoman, Andrea Taylor, said the Cavs are not getting special treatment.

"The whole idea (of code enforcement) is that if someone is not in compliance we work with them to get them into compliance," Cooper said.

Before the Cavs can reinstall the fountains, they have to apply to the city for a permit. Cooper said that the department could examine and approve this sort of application the day it is submitted.

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