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CHAPTER 1

ADMINISTRATION AND ENFORCEMENT

SECTION 101 shall apply to the Building Code and are incorporated by
GENERAL this reference.
101.1 The Construction Codes. The District of Columbia 101.2.3 Scope. The provisions of the Building Code shall
Construction Codes (2013), hereinafter referred to as the apply to the construction, alteration, addition, repair,
“Construction Codes,” shall consist of the Building Code, removal, demolition, use, location, movement, enlarge-
Residential Code, Electrical Code, Fuel Gas Code, Mechani- ment, occupancy and maintenance of all premises, includ-
cal Code, Plumbing Code, Property Maintenance Code, Fire ing any buildings or other structures, and appurtenances
Code, Energy Conservation Code, Existing Building Code, attached to buildings or other structures in the District of
Green Construction Code and Swimming Pool and Spa Code Columbia, and shall apply to existing or proposed build-
as defined in Sections 101.2 through 101.4.10 of Title 12A of ings and other structures, except as such matters are other-
the District of Columbia Municipal Regulations (DCMR), wise provided for in other ordinances or statutes or in the
and shall include, as to any specific application, any modifi- rules and regulations authorized for promulgation under
cations thereto authorized and duly granted by the code offi- the provisions of the Building Code. These regulations
cial. The District of Columbia Construction Codes establish minimum standards: for maintenance of all struc-
Supplement of 2013 (the “Construction Codes Supplement”) tures; for basic equipment and facilities for light, ventila-
shall consist of the additions, insertions, deletions and tion, space heating and sanitation; for safety from fire; for
changes to the 2012 editions of the International Codes pub- space and location; for safe and sanitary maintenance of
lished by the International Code Council (“ICC”) identified all structures now in existence; for minimum requirements
in Sections 101.2, 101.3 and 101.4, and the National Electri- for all existing buildings and other structures for means of
cal Code (2011) published by the National Fire Protection egress, fire protection systems and other equipment and
Association (“NFPA”) (collectively, the “International devices necessary for life safety from fire; for rehabilita-
Codes”). The International Codes are adopted pursuant to the tion and reuse of existing structures; and for construction,
provisions of the Construction Codes Approval and Amend- alterations and repairs.
ments Act of 1986, effective March 21, 1987 [D.C. Law
Exceptions:
6-216; D.C. Official Code § 6-1401 et seq. (2012 Repl.)] (the
“Construction Codes Act”). 1. Detached one- and two-family dwellings and
townhouses not more than three stories above
101.1.1 The Construction Codes Scope and Intent. 12 grade plane in height with a separate means of
DCMR A, Chapter 1 shall serve as the administrative and egress and their accessory structures shall be per-
enforcement provisions for the Building Code, Residential mitted to comply with the Residential Code
Code, Electrical Code, Fuel Gas Code, Mechanical Code, defined in Section 101.3.
Plumbing Code, Energy Conservation Code, Existing
Building Code, Green Construction Code and Swimming 2. Existing buildings undergoing repair, alteration,
Pool and Spa Code, except as otherwise provided herein. additions or change of occupancy shall comply
Administrative and enforcement provisions for the Prop- with the Existing Building Code defined in Sec-
erty Maintenance Code and the Fire Code are set forth in tion 101.4.8 or the current Construction Codes.
12 DCMR G, Chapter 1, and 12 DCMR H, Chapter 1, 101.2.4 Intent. The purpose of the Building Code is to
respectively. establish minimum requirements to safeguard the public
101.1.2 Definitions. Italicized words and terms shall have health, safety, and general welfare through structural
the meanings set forth in the International Codes or the strength, means of egress facilities, stability, sanitation,
Construction Codes Supplement. adequate light and ventilation, energy conservation, acces-
sibility, sustainability, and safety to life and property from
101.2 D.C. Building Code. The D.C. Building Code (2013), fire and other hazards attributed to the built environment,
hereinafter referred to as the “Building Code,” shall consist of and to provide safety to fire fighters and emergency
the 2012 edition of the International Building Code (“Inter- responders during emergency operations.
national Building Code”), as amended by the Construction
Codes Supplement (12 DCMR A, Building Code Supple- 101.3 D.C. Residential Code. The D.C. Residential Code
ment). (2013), hereinafter referred to as the “Residential Code,”
shall consist of the 2012 edition of the International Residen-
101.2.1 Appendices. Provisions in the appendices of the tial Code (“International Residential Code”), as amended by
International Building Code shall not apply unless specifi- the Construction Codes Supplement (12 DCMR B, Residen-
cally adopted in the Construction Codes Supplement. tial Code Supplement).
101.2.2 Administration and Enforcement. Chapter 1 of 101.3.1 Appendices. Provisions in the appendices of the
the International Building Code is deleted in its entirety. International Residential Code shall not apply unless spe-
In its place, the provisions of 12 DCMR A, Chapter 1, cifically adopted in the Construction Codes Supplement.

2013 DISTRICT OF COLUMBIA BUILDING CODE 1


ADMINISTRATION AND ENFORCEMENT

101.3.2 Administration and Enforcement. Chapter 1 of 101.4.1.2.1 Deletions. Sections 90.1 (A), 90.1 (C),
the International Residential Code is deleted in its 90.2, 90.4 and 90.6 of the National Electrical Code
entirety. In its place, the provisions of 12 DCMR A, Chap- are deleted in their entirety.
ter 1, shall apply to the Residential Code and are incorpo-
rated by this reference. 101.4.1.3 Scope. The provisions of the Electrical Code
shall apply to the design, installation, maintenance,
101.3.3 Scope. The provisions of the Residential Code alteration, conversion, changing, repairing, removal,
shall apply to the construction, alteration, movement, and inspection of electrical conductors, equipment, and
enlargement, replacement, repair, equipment, use and raceways; signaling and communications conductors,
occupancy, location, removal and demolition of detached equipment, and raceways; and optical fiber cables and
one- and two-family dwellings and townhouses not more raceways for the following:
than three stories above grade plane in height with a sepa-
rate means of egress and their accessory structures. 1. Public and private premises, including, but not
limited to, buildings, other structures, mobile
Exceptions: homes, recreational vehicles, and floating build-
ings.
1. Live/work units complying with the requirements
of Section 419 of the Building Code shall be per- 2. Yards, lots, parking lots, carnivals, circuses, fairs
mitted to be built as one- and two-family dwell- and similar events, and industrial substations.
ings or townhouses. Fire suppression required by
Section 419.5 of the Building Code when con- 3. Installation of conductors and equipment that
structed under the Residential Code shall con- connect to the supply of electricity.
form to Section 2904 of the Residential Code. 4. Installations used by the electric utility, such as
2. Owner-occupied lodging houses with five or office buildings, warehouses, garages, machine
fewer guestrooms shall be permitted to be con- shops, and recreational buildings, that are not an
structed in accordance with the Residential Code integral part of a generating plant, substation, or
when equipped with a fire sprinkler system in control center.
accordance with Section 2904 of the Residential Exceptions:
Code.
1. Installations in ships, watercraft other than
101.3.4 Intent. The purpose of the Residential Code is to floating buildings, railway rolling stock,
establish minimum requirements to safeguard the public aircraft, or automotive vehicles other than
health, safety, and general welfare through affordability, mobile homes and recreational vehicles.
structural strength, means of egress facilities, stability,
sanitation, adequate light and ventilation, energy conser- 2. Installations underground in mines and
vation, and safety to life and property from fire and other self-propelled mobile surface mining
hazards attributed to the built environment, and to provide machinery and its attendant electrical trail-
safety to fire fighters and emergency responders during ing cable.
emergency operations.
3. Installation of railways for generation,
101.4 Referenced Codes. The codes defined in Sections transformation, transmission, or distribu-
101.4.1 through 101.4.10 and referenced elsewhere in the tion of power used exclusively for opera-
Building Code shall be considered part of the requirements of tion of rolling stock or installations used
the Construction Codes to the prescribed extent of each such exclusively for signaling and communica-
reference. tions purposes.
101.4.1 D.C. Electrical Code. The D.C. Electrical Code 4. Installations of communications equip-
(2013), hereinafter referred to as the “Electrical Code,” ment under the exclusive control of com-
shall consist of the 2011 edition of the National Electrical munications utilities located outdoors or in
Code (“National Electrical Code”) published by the building spaces used exclusively for such
National Fire Protection Association (“NFPA”) as installations.
amended by the Construction Codes Supplement (12
DCMR C, Electrical Code Supplement). 5. Installations under the exclusive control of
an electrical utility where such installa-
101.4.1.1 Annexes. Provisions in the annexes to the tions:
National Electrical Code are provided for informa-
5.1. Consist of service drops or service
tional purposes only, in accordance with Article 90,
laterals, and associated metering, or
Section 90.5 of the National Electrical Code, unless
otherwise specified in the Construction Codes Supple-
5.2. Are on property owned or leased by
ment.
the electric utility for the purpose of
101.4.1.2 Administration and Enforcement. The pro- communications, metering, generation,
visions of 12 DCMR A, Chapter 1, shall apply to the control, transformation, transmission,
Electrical Code and are incorporated by this reference. or distribution of electric energy, or

2 2013 DISTRICT OF COLUMBIA BUILDING CODE


ADMINISTRATION AND ENFORCEMENT

5.3. Are located in legally established 2. The regulations shall cover piping systems for
easements or rights-of-way, or natural gas with an operating pressure of 125
pounds per square inch gauge (psig) (862 kPa
5.4. Are located by other written gauge) or less, and for LP-gas with an operating
agreements either designated by or pressure of 20 psig (140 kPa gauge) or less,
recognized by public service except as provided in Section 402.6.1. Coverage
commissions, utility commissions, or shall extend from the point of delivery to the out-
other regulatory agencies having let of the equipment shutoff valves. Piping sys-
jurisdiction for such installations. tem requirements shall include design, materials,
These written agreements shall be components, fabrication, assembly, installation,
limited to installations for the purpose testing, inspection, operation, and maintenance.
of communications, metering,
generation, control, transformation, 3. Requirements for gas utilization equipment and
transmission, or distribution of related accessories shall include installation,
electrical energy where legally combustion and dilution air, and venting and con-
established easements or rights-of-way nection to piping systems.
cannot be obtained. These installations 4. The requirements for the design, installation,
shall be limited to federal lands, Native maintenance, alteration, and inspection of
American reservations through the mechanical appliances operating with fuels other
U.S. Department of the Interior, than fuel gas shall be regulated by the Mechani-
Bureau of Indian Affairs, military cal Code.
bases, lands controlled by port
authorities and state agencies and Exception to 101.4.2.3: Detached one- and two-family
departments, and lands owned by dwellings and townhouses not more than three stories
railroads. above grade plane in height with separate means of
egress and their accessory structures that comply with
6. Installations that are part of detached one- the Residential Code.
and two-family dwellings and townhouses 101.4.2.3.1 Exempted Installations and Equip-
not more than three stories above grade ment. The Fuel Gas Code shall not apply to the fol-
plane in height with separate means of lowing:
egress and their accessory structures that
comply with the Residential Code. 1. Portable LP-gas equipment of all types that
is not connected to a fixed fuel system.
101.4.1.4 Intent. The purpose of the Electrical Code is
to establish minimum requirements to safeguard per- 2. Installation of farm equipment such as
sons and property from hazards arising from the use of brooders, dehydrators, dryers and irrigation
electricity, and is not intended as a design specification equipment.
or as an instruction manual for untrained persons.
3. Raw material (feedstock) applications except
101.4.2 D.C. Fuel Gas Code. The D.C. Fuel Gas Code for piping to special atmosphere generators.
(2013), hereinafter referred to as the “Fuel Gas Code,”
shall consist of the 2012 edition of the International Fuel 4. Oxygen-fuel gas cutting and welding sys-
Gas Code (“International Fuel Gas Code”), as amended tems.
by the Construction Codes Supplement (12 DCMR D, 5. Industrial gas applications using gases such
Fuel Gas Code Supplement). as acetylene and acetylenic compounds,
101.4.2.1 Appendices. Provisions in the appendices of hydrogen, ammonia, carbon monoxide, oxy-
the International Fuel Gas Code shall not apply unless gen and nitrogen.
specifically adopted in the Construction Codes Supple- 6. Petroleum refineries, pipeline compressor or
ment. pumping stations, loading terminals, com-
101.4.2.2 Administration and Enforcement. Chapter pounding plants, refinery tank farms and nat-
1 of the International Fuel Gas Code is deleted in its ural gas processing plants.
entirety. In its place, the provisions of 12 DCMR A, 7. Integrated chemical plants or portions of
Chapter 1, shall apply to the Fuel Gas Code and are such plants where flammable or combustible
incorporated by this reference. liquids or gases are produced by chemical
101.4.2.3 Scope. The provisions of the Fuel Gas Code reactions or used in chemical reactions.
shall apply to the installation of fuel gas piping sys- 8. LP-gas installations at utility gas plants.
tems, fuel gas utilization equipment, gaseous hydrogen
systems, and related accessories, as follows: 9. Liquefied natural gas (LNG) installations.
1. Gaseous hydrogen systems shall be regulated by 10. Fuel gas piping in power and atomic energy
Chapter 7. plants.

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ADMINISTRATION AND ENFORCEMENT

11. Proprietary items of equipment, apparatus, ponents, equipment and appliances specifically
or instruments such as gas generating sets, addressed therein. The installation of fuel gas distribu-
compressors and calorimeters. tion piping and equipment, fuel gas-fired appliances
12. LP-gas equipment for vaporization, gas mix- and fuel gas-fired appliance venting systems shall be
ing and gas manufacturing. regulated by the Fuel Gas Code.

13. Temporary LP-gas piping for buildings Exception: Detached one- and two-family dwell-
under construction or renovation that is not ings and townhouses not more than three stories
to become part of the permanent piping sys- above grade plane in height with separate means of
tem. egress and their accessory structures that comply
with the Residential Code.
14. Installation of LP-gas systems for railroad
switch heating. 101.4.3.4 Intent. The purpose of the Mechanical Code
is to provide minimum standards to safeguard life or
15. Installation of LP-gas and compressed natu- limb, health, property, and public welfare by regulating
ral gas (CNG) systems on vehicles. and controlling the design, construction, installation,
16. Except as provided in Section 401.1.1 of the quality of materials, location, operation and mainte-
Fuel Gas Code, gas piping, meters, gas pres- nance or use of mechanical systems.
sure regulators, and other appurtenances 101.4.4 D.C. Plumbing Code. The D.C. Plumbing Code
used by the serving gas supplier in the distri- (2013), hereinafter referred to as the “Plumbing Code,”
bution of gas, other than undiluted LP-gas. shall consist of the 2012 edition of the International
17. Building design and construction, except as Plumbing Code (“International Plumbing Code”), as
specified herein. amended by the Construction Codes Supplement (12
DCMR F, Plumbing Code Supplement).
18. Piping systems for mixtures of gas and air
within the flammable range with an operat- 101.4.4.1 Appendices. Provisions in the appendices of
ing pressure greater than 10 psig (69 kPa the International Plumbing Code shall not apply unless
gauge). specifically adopted in the Construction Codes Supple-
ment.
19. Portable fuel cell appliances that are neither
connected to a fixed piping system nor inter- 101.4.4.2 Administration and Enforcement. Chapter
connected to a power grid. 1 of the International Plumbing Code is deleted in its
101.4.2.4 Intent. The purpose of the Fuel Gas Code is entirety. In its place, the provisions of 12 DCMR A,
to provide minimum standards to safeguard life or Chapter 1, shall apply to the Plumbing Code and are
limb, health, property and public welfare by regulating incorporated by this reference.
and controlling the design, construction, installation, 101.4.4.3 Scope. The provisions of the Plumbing Code
quality of materials, location, operation and mainte- shall apply to the erection, installation, alteration,
nance or use of fuel gas systems. repairs, relocation, replacement, addition to, use or
101.4.3 D.C. Mechanical Code. The D.C. Mechanical maintenance of plumbing systems within this jurisdic-
Code (2013), hereinafter referred to as the “Mechanical tion. The Plumbing Code shall also regulate nonflam-
Code,” shall consist of the 2012 edition of the Interna- mable medical gas, inhalation anesthetic, vacuum
tional Mechanical Code (“International Mechanical piping, nonmedical oxygen systems and sanitary and
Code”), as amended by the Construction Codes Supple- condensate vacuum collection systems. The design and
ment (12 DCMR E, Mechanical Code Supplement). installation of fuel gas distribution piping and equip-
ment, fuel gas-fired water heaters, and water heater
101.4.3.1 Appendices. Provisions in the appendices of venting systems shall be regulated by the Fuel Gas
the International Mechanical Code shall not apply Code. The design and installation of chilled water pip-
unless specifically adopted in the Construction Codes ing in connection with refrigeration process and com-
Supplement. fort cooling, and hot water piping in connection with
101.4.3.2 Administration and Enforcement. Chapter building heating, shall conform to the requirements of
1 of the International Mechanical Code is deleted in its the Mechanical Code. The design and installation of
entirety. In its place, the provisions of 12 DCMR A, piping for fire sprinklers and standpipes shall conform
Chapter 1, shall apply to the Mechanical Code and are to the requirements of the Building Code. Water and
incorporated by this reference. drainage connections to such installations shall be
made in accordance with the requirements of the
101.4.3.3 Scope. The provisions of the Mechanical Plumbing Code.
Code shall regulate the design, installation, mainte-
nance, alteration, and inspection of mechanical systems Exception: Detached one- and two-family dwell-
that are permanently installed and utilized to provide ings and townhouses not more than three stories
control of environmental conditions and related pro- above grade plane in height with separate means of
cesses within buildings. The Mechanical Code shall egress and their accessory structures that comply
also regulate those mechanical systems, systems com- with the Residential Code.

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ADMINISTRATION AND ENFORCEMENT

101.4.4.4 Intent. The purpose of the Plumbing Code is tory Affairs, as set forth in Section 103.2 below, of all
to provide minimum standards to safeguard life or Fire Code provisions pertaining to approval, installa-
limb, health, property and public welfare by regulating tion, design, modification, maintenance, testing, and
and controlling the design, construction, installation, inspection of all new and existing fire protection sys-
quality of materials, location, operation and mainte- tems.
nance or use of plumbing fixtures and systems. 101.4.6.3 Scope. The provisions of the Fire Code shall
101.4.5 D.C. Property Maintenance Code. The D.C. establish regulations affecting or relating to structures,
Property Maintenance Code (2013), hereinafter referred processes, premises and safeguards regarding: the haz-
to as the “Property Maintenance Code,” shall consist of ard of fire and explosion arising from the storage, han-
the 2012 edition of the International Property Mainte- dling or use of structures, materials or devices;
nance Code (“International Property Maintenance conditions hazardous to life, property or public welfare
Code”) as amended by the Construction Codes Supple- in the occupancy of structures or premises; fire hazards
ment (12 DCMR G, Property Maintenance Code Supple- in the structure or on the premises from occupancy or
ment). operation; and conditions affecting the safety of fire
101.4.5.1 Appendices. Provisions in the appendices of fighters and emergency responders during emergency
the International Property Maintenance Code shall not operations
apply unless specifically adopted in the Construction 101.4.6.4 Intent. The purpose of the Fire Code is to
Codes Supplement. establish the minimum requirements consistent with
101.4.5.2 Administration and Enforcement. Chapter nationally recognized good practice for providing a rea-
1 of the International Property Maintenance Code is sonable level of life, safety, and property protection
deleted in its entirety. Administration and enforcement from the hazards of fire, explosion, or dangerous condi-
provisions for the Property Maintenance Code are set tions in new and existing buildings, other structures
forth in 12 DCMR G, Chapter 1. and premises, and to provide safety to fire fighters and
emergency responders during emergency operations.
101.4.5.3 Scope. The provisions of the Property Main-
tenance Code shall apply to all existing residential and 101.4.7 D.C. Energy Conservation Code. The D.C.
nonresidential structures and all existing premises, and Energy Conservation Code (2013), hereinafter referred to
shall constitute minimum requirements and standards as the “Energy Conservation Code,” shall consist of the
for: premises, structures, equipment, and facilities for 2012 edition of the International Energy Conservation
light, ventilation, space, heating, sanitation, protection Code (“International Energy Conservation Code”), as
from the elements, life safety, safety from fire and other amended by the Construction Codes Supplement (12
hazards, and for safe and sanitary maintenance; the DCMR I, Energy Conservation Code Supplement).
responsibility of owners, operators and occupants; the 101.4.7.1 Appendices. (The International Energy Con-
occupancy of existing structures and premises; and for servation Code has no appendices.)
administration, enforcement and penalties.
101.4.7.2 Administration and Enforcement. Chapter
101.4.5.4 Intent. The purpose of the Property Mainte- 1 [CE] and Chapter 1 [RE] of the International Energy
nance Code is to ensure public health, safety and wel- Conservation Code are deleted in their entirety. In their
fare insofar as they are affected by the continued place, the provisions of 12 DCMR A, Chapter 1, shall
occupancy and maintenance of structures and premises. apply to the Energy Conservation Code and are incor-
Existing structures and premises that do not comply porated by this reference.
with these provisions shall be altered or repaired to pro-
vide a minimum level of health and safety as required 101.4.7.3 Scope. The provisions of the Energy Conser-
therein. vation Code shall apply to residential and commercial
buildings, the buildings’ sites, and associated systems
101.4.6 D.C. Fire Code. The D.C. Fire Code (2013), and equipment.
hereinafter referred to as the “Fire Code,” shall consist of
the 2012 edition of the International Fire Code (“Interna- 101.4.7.4 Intent. The Energy Conservation Code shall
tional Fire Code”), as amended by the Construction regulate the design and construction of buildings for the
Codes Supplement (12 DCMR H, Fire Code Supplement). effective use and conservation of energy over the useful
life of each building. The Energy Conservation Code is
101.4.6.1 Appendices. Provisions in the appendices of
intended to provide flexibility to permit the use of inno-
the International Fire Code shall not apply unless spe-
vative approaches and techniques to achieve this objec-
cifically adopted in the Construction Codes Supple-
tive. The Energy Conservation Code is not intended to
ment.
abridge safety, health or environmental requirements
101.4.6.2 Administration and Enforcement. Chapter contained in other applicable codes or ordinances.
1 of the International Fire Code is deleted in its
entirety. Administration and enforcement provisions 101.4.7.5 Applicability.
for the Fire Code are set forth in 12 DCMR H, Chapter 101.4.7.5.1 Existing Buildings. Except as specified
1, provided, however, that the provisions of 12 DCMR in 12 DCMR A, Chapter 1, the Energy Conservation
A, Chapter 1, shall apply to the enforcement by the Code shall not be used to require the removal, alter-
Director of the Department of Consumer and Regula- ation or abandonment of, nor prevent the continued

2013 DISTRICT OF COLUMBIA BUILDING CODE 5


ADMINISTRATION AND ENFORCEMENT

use and maintenance of, an existing building or such alterations do not increase the
building system lawfully in existence at the time of installed interior lighting power.
adoption of the Energy Conservation Code. 8. Alterations that replace only the bulb and
101.4.7.5.2 Historic Buildings. Any building or ballast within the existing luminaires in a
other structure that is listed (either as an individual space provided that the alterations do not
listing or as a contributing resource to a listed his- increase the installed interior lighting
toric district) in the D.C. or National Register of power.
Historic Places shall be exempt from the Energy
9. Alteration or replacement of exterior light-
Conservation Code, provided that the D.C. Historic
ing systems provided that such alteration or
Preservation Officer or the Keeper of the National
replacement does not increase the installed
Register of Historic Places certifies that compliance
exterior lighting power.
with the Energy Conservation Code will cause the
loss of irretrievable historic components that may 101.4.7.5.4 Change in Occupancy or Use. Spaces
lead to the de-listing of the building or other struc- undergoing a change in occupancy that would result
ture. in an increase in demand for either fossil fuel or
101.4.7.5.3 Additions, Alterations, Renovations electrical energy shall comply with the Energy Con-
servation Code. Where the use in a space changes
or Repairs. Additions, alterations, renovations or
repairs to an existing building, building system or from one use in Table C405.5.2(1) or (2) to another
use in Table C405.5.2(1) or (2), the installed lighting
portion thereof shall conform to the provisions of
the Energy Conservation Code as they relate to new wattage shall comply with Section C405.5.
construction without requiring the unaltered por- 101.4.7.5.5 Change in Space Conditioning. Any
tion(s) of the existing building or building system to nonconditioned space that is altered to become con-
comply with this code. Additions, alterations, reno- ditioned space shall be required to be brought into
vations or repairs shall not create an unsafe or haz- full compliance with the Energy Conservation Code.
ardous condition or overload existing building 101.4.7.5.6 Mixed Occupancy. Where a building
systems. An addition shall be deemed to comply includes both commercial and residential occupan-
with the Energy Conservation Code if the addition cies, each occupancy shall be separately considered
alone complies, or if the existing building and addi- and meet the applicable provisions of the Energy
tion comply with the Energy Conservation Code as Conservation Code – Commercial Provisions or the
a single building. Energy Conservation Code – Residential Provi-
Exceptions: The following need not comply with sions.
the Energy Conservation Code provided the
101.4.7.6 Compliance. Residential buildings shall
energy use of the building is not increased:
meet the provisions of the Energy Conservation Code –
1. Storm windows installed over existing fen- Residential Provisions. Commercial buildings shall
estration. meet the provisions of the Energy Conservation Code –
2. Glass-only replacements in an existing sash Commercial Provisions.
and frame. 101.4.7.6.1 Compliance Materials. The code offi-
3. Existing ceiling, wall or floor cavities cial shall be permitted to approve specific computer
exposed during construction provided that software, worksheets, compliance manuals and other
these cavities are filled with insulation. similar materials that meet the intent of the Energy
Conservation Code.
4. Construction where the existing roof, wall
or floor cavity is not exposed. 101.4.7.6.2 Low Energy Buildings. The following
buildings, or portions thereof, separated from the
5. Reroofing for roofs where neither the remainder of the building by building thermal enve-
sheathing nor the insulation is exposed.
lope assemblies complying with the Energy Conser-
Roofs without insulation in the cavity and vation Code shall be exempt from the building
where the sheathing or insulation is
thermal envelope provisions of the Energy Conser-
exposed during reroofing shall be insulated vation Code:
either above or below the sheathing.
1. Buildings, or portions thereof, with a peak
6. Replacement of existing doors that separate
design rate of energy usage less than 3.4 Btu/h
conditioned space from the exterior shall
• ft2 (10.7 W/m2) or 1.0 W/ft2 (10.7 W/m2) of
not require the installation of a vestibule or
floor area for space conditioning purposes.
revolving door provided, however, that an
existing vestibule that separates a condi- 2. Buildings, or portions thereof, that do not con-
tioned space from the exterior shall not be tain conditioned space.
removed. 101.4.7.7 Alternate Materials—Method of Con-
7. Alterations that replace less than 50 percent struction, Design or Insulating Systems. The Energy
of the luminaires in a space, provided that Conservation Code is not intended to prevent the use of

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ADMINISTRATION AND ENFORCEMENT

any material, method of construction, design or insulat- on which the building is located except as otherwise
ing system not specifically prescribed herein, provided provided in this section or in the Green Construction
that such construction, design or insulating system has Code.
been approved by the code official as meeting the intent Exceptions:
of the Energy Conservation Code.
1. The Green Construction Code shall not apply
101.4.8 D.C. Existing Building Code. The D.C. Existing to the following:
Building Code (2013), hereinafter referred to as the “Exist-
ing Building Code,” shall consist of the 2012 edition of the a. Demolition or razing of a building or struc-
International Existing Building Code (“International ture of less than 10,000 square feet (929
Existing Building Code”), as amended by the Construc- m2);
tion Codes Supplement (12 DCMR J, Existing Building b. New construction and associated building
Code Supplement). site development, including construction of
101.4.8.1 Appendices. Provisions in the appendices of an addition to an existing building, of less
the International Existing Building Code shall not than 10,000 square feet (929 m2);
apply unless specifically adopted in the Construction c. Alteration of an existing building where the
Codes Supplement. aggregate area of construction or renova-
101.4.8.2 Administration and Enforcement. Chapter tion is less than 10,000 square feet (929
1 of the International Existing Building Code is deleted m2); or
in its entirety. In its place, the provisions of 12 DCMR d. Relocation of structures of less than 10,000
A, Chapter 1, shall apply to the Existing Building Code square feet (929 m2)
and are incorporated by this reference.
2. The Green Construction Code shall not apply
101.4.8.3 Scope. The provisions of the Existing Build- to the following residential construction:
ing Code shall apply to the repair, alteration, change of
a. Detached one- and two-family dwellings
occupancy, addition, or relocation of existing buildings.
and multiple single-family dwellings
101.4.8.4 Intent. The purpose of the Existing Building (townhouses) not more than three stories in
Code is to provide the code official with flexibility to height above grade plane with a separate
permit the use of alternative approaches to achieve means of egress, their accessory structures,
compliance with minimum requirements to safeguard and the site or lot upon which these build-
the public health, safety, and welfare, insofar as they ings are located.
are affected by the repair, alteration, change of occu-
b. Group R-3 residential buildings, their
pancy, addition or relocation of existing buildings.
accessory structures, and the site or lot
101.4.9 D.C. Green Construction Code. The D.C. Green upon which these buildings are located.
Construction Code (2013), hereinafter referred to as the
“Green Construction Code,” shall consist of the 2012 edi- c. Group R-2 and R-4 residential buildings
tion of the International Green Construction Code (“Inter- three stories or less in height above grade
national Green Construction Code”), as amended by the plane, their accessory structures, and the
Construction Codes Supplement (12 DCMR K, Green site or lot upon which these buildings are
Construction Code Supplement). located.
101.4.9.1 Appendices. Provisions in the appendices of 3. The Green Construction Code shall not apply
the International Green Construction Code shall not to equipment or systems that are used primar-
apply unless specifically adopted in the Construction ily for industrial or manufacturing.
Codes Supplement. 4. The Green Construction Code shall not apply
101.4.9.2 Administration and Enforcement. Chapter to temporary structures approved under Sec-
1 of the International Green Construction Code is tion 3103 of the Building Code.
deleted in its entirety. In its place, the provisions of 12 5. Appendix A to the Green Construction Code
DCMR A, Chapter 1, shall apply to the Green Con- shall not apply to alterations except for Level
struction Code and are incorporated by this reference. 3 alterations.
101.4.9.3 Scope. The provisions of the Green Con- 6. Commissioning in accordance with Section
struction Code shall apply to the construction, addition, 611 and Chapter 9 of the Green Construction
alteration, relocation, razing, and demolition of every Code shall not apply to alterations except for
building or structure and appurtenances connected or Level 3 alterations and alterations of 50,000
attached to such buildings or structures and to the site square feet or greater.

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101.4.9.3.1 Applicability to Alteration. Determina- 101.4.9.4.1 Projects Subject to the Green Build-
tion of whether the area threshold would be trig- ing Act. Where a project is subject to the Green
gered by an alteration of an existing building shall Building Act, and the project complies with the pro-
be based upon the aggregate area affected by the visions of the Green Building Act and the regula-
alteration; the work area where the alteration is to tions promulgated thereunder set forth in Section
take place shall be identified in the permit applica- 302 of the Green Construction Code, the project
tion. An alteration includes, but is not limited to, fit shall be deemed to comply with the Green Con-
out of space in an existing building not previously struction Code.
built out and fit out of space following demolition of 101.4.9.4.2 Projects Not Subject to the Green
previously built out space in an existing building. Building Act. Where a project is not subject to the
Areas of an existing building beyond the work area Green Building Act but complies with the require-
of an alteration shall not be included to determine if ments of Section 101.4.9.4.2.1, 101.4.9.4.2.2,
the Green Construction Code would be applicable to 101.4.9.4.2.3, or 101.4.9.4.2.4, the project shall be
the alteration. Notwithstanding a determination that deemed to comply with the Green Construction
the size of the work area of an alteration would sub- Code.
ject the alteration to the provisions of the Green
Construction Code, compliance with the Green 101.4.9.4.2.1 Compliance Utilizing ASHRAE
Construction Code shall not be required for building 189.1. Projects designed, constructed and veri-
areas, components and systems that are located out- fied to be in compliance with the applicable
side of the affected work area of the alteration. requirements of ANSI/ASHRAE/USGBC/IES
Standard 189.1, Standard for the Design of High
101.4.9.3.2 Applicability to Additions. Only the Performance Green Buildings Except Low-Rise
aggregate area of a proposed addition to an existing Residential Buildings (“ASHRAE 189.1”), as
building shall be used to determine if the provisions adopted and amended by Section 303 of the
of the Green Construction Code would be applica- Green Construction Code, shall be deemed to
ble to the work to be undertaken to construct the comply with the Green Construction Code.
addition. The portion(s) of an existing building that 101.4.9.4.2.2 Compliance Utilizing LEED.
would not be altered by the construction of the addi- Projects designed, constructed and certified to be
tion shall not be used to determine if the threshold in compliance with one or more of the U.S. Green
for application of the Green Construction Code Building Council (USGBC) Leadership in
would be met. If the provisions of the Green Con- Energy and Environmental Design (LEED) stan-
struction Code would be applicable to the construc- dards listed in Chapter 35 at the Certified Level
tion of an addition, then only the work to be or higher shall be deemed to comply with the
undertaken in the addition shall be subject to the Green Construction Code. The owner shall have
provisions of the Green Construction Code; the por- a 12-month period from the date of issuance for
tion(s) of an existing building, building components the project of the certificate of occupancy, or the
or building systems located outside of the addition first certificate of occupancy for occupiable space
are not required to be brought into compliance with in a story above grade plane where a project has
the provisions of the Green Construction Code. multiple certificates of occupancy, to submit evi-
dence of LEED certification to the code official.
101.4.9.3.3 Existing Buildings. The Green Con-
The code official, for good cause and upon writ-
struction Code shall not be deemed to require the
ten request, is authorized to extend the period to
removal, alteration or abandonment of, nor prevent
submit evidence of certification.
the continued use and maintenance of, an existing
building, building system or building component 101.4.9.4.2.3 Compliance Utilizing Green
lawfully in existence at the time of adoption of the Communities. Affordable housing in Group R-2
Green Construction Code, unless within the work occupancies designed, constructed and certified
area of an alteration as defined in Section to be in compliance with the Enterprise Commu-
101.4.9.3.1. nity Partners standard listed in Chapter 35 shall
be deemed to comply with the Green Construc-
101.4.9.4 Alternative Compliance Paths. In lieu of tion Code. The owner shall have a 12-month
the requirements of the Green Construction Code, proj- period from the date of issuance for the Group
ects that (a) are covered by the Green Building Act of R-2 occupancy of the certificate of occupancy,
2006, effective March 8, 2007 [D.C. Law 16-234; D.C. or the first certificate of occupancy for occupi-
Official Code § 6-1451.05 (2013 Supp.)], as amended able space in a story above grade plane where a
(Green Building Act) and comply with the requirements project has multiple certificates of occupancy, to
set forth in Section 101.4.9.4.1; or (b) are not covered submit certification of compliance with the
by the Green Building Act and comply with one of the applicable Enterprise Community Partners stan-
four alternative compliance paths set forth in Section dard to the code official. The code official, for
101.4.9.4.2, shall be deemed to comply with the Green good cause and upon written request, is autho-
Construction Code. rized to extend the period to submit evidence of

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ADMINISTRATION AND ENFORCEMENT

certification. Affordable housing for the purpose installation, quality of materials, location and mainte-
of this section shall consist of projects eligible nance or use of aquatic vessels.
for certification by Enterprise Community Part-
101.4.10.5 Applicability. Any aquatic vessel and
ners or as otherwise defined by the code official.
related mechanical, electrical and plumbing systems
101.4.9.4.2.4 Compliance Utilizing National lawfully in existence at the time of the adoption of the
Green Building Standard (ICC 700). Group R- Swimming Pool and Spa Code shall be permitted to
2 occupancies designed, constructed and certified have their use and maintenance continued if the use,
to be in compliance with (a) the National Green maintenance or repair is in accordance with the original
Building Standard, ICC 700, listed in Chapter 35, design and no hazard to life, health or property is cre-
at the bronze level or higher; and (b) the EPA’s ated.
Energy Star New Homes Program or Multifamily
High Rise Program, as applicable, listed in Chap- 101.4.10.5.1 Moved Aquatic Vessels. Unless cov-
ter 35 shall be deemed to comply with the Green ered by Section 101.4.10.5, systems that are a part of
Construction Code. The owner shall have a 12- aquatic vessels or systems moved into or within the
month period from the date of issuance for the District of Columbia shall comply with the provi-
Group R-2 occupancy of the certificate of occu- sions of the Swimming Pool and Spa Code for new
pancy, or the first certificate of occupancy for installations.
occupiable space in a story above grade plane 101.4.10.6 Other Requirements. Owners and opera-
where a project has multiple certificates of occu- tors of swimming pools and spas shall also comply with
pancy, to submit evidence of certification to the other agency requirements including the Department of
code official. The code official, for good cause Health (DOH) regulations set forth in 25-C DCMR,
and upon written request, is authorized to extend Chapter 64, and District Department of the Environ-
the period to submit evidence of certification. ment (DDOE) regulations set forth in 21 DCMR, Chap-
101.4.9.5 Intent. The Green Construction Code is ter 5.
intended to safeguard the environment, public health, 101.5 Jurisdiction. The Construction Codes shall apply to
safety and general welfare through the establishment of premises, including any buildings or other structures, within
requirements to reduce the negative impacts and the limits of the District of Columbia, including premises,
increase the positive impacts of the built environment buildings and other structures owned, occupied or controlled
on the natural environment and building occupants. by the government of the District of Columbia or any of its
This code is not intended to abridge or supersede independent agencies.
safety, health or environmental requirements under
other applicable codes or ordinances. 101.5.1 Exemption from Jurisdiction. The Construction
Codes shall not apply to public premises, including any
101.4.10 D.C. Swimming Pool and Spa Code. The D.C.
buildings or other structures, owned by the United States
Swimming Pool and Spa Code (2013), hereinafter referred
government, including appurtenant structures and portions
to as the “Swimming Pool and Spa Code,” shall consist of
of premises, buildings, or other structures, that are under
the 2012 edition of the International Swimming Pool and
the exclusive control of an officer of the United States
Spa Code (“International Swimming Pool and Spa
government in his or her official capacity.
Code”), as amended by the Construction Codes Supple-
ment (12 DCMR L, Swimming Pool and Spa Code Sup- Exception: Where a permit is required for major sub-
plement). stantial improvement activities (as defined in 21
101.4.10.1 Appendices. Provisions in the appendices DCMR, Chapter 5) or land-disturbing activities involv-
of the International Swimming Pool and Spa Code shall ing the implementation of stormwater management,
not apply unless specifically adopted in the Construc- erosion and sediment control, or floodplain manage-
tion Codes Supplement. ment measures, and to the extent required by 21
DCMR, Chapter 5; 20 DCMR, Chapter 31; or the Soil
101.4.10.2 Administration and Enforcement. Chap- Erosion and Sedimentation Control Amendment Act of
ter 1 of the International Swimming Pool and Spa Code 1994, effective August 26, 1994 [D.C. Law 10-166;
is deleted in its entirety. In its place, the provisions of D.C. Official Code § 6-1403 (2012 Repl.)].
12 DCMR A, Chapter 1, shall apply to the Swimming
Pool and Spa Code and are incorporated by this refer- 101.5.1.1 Exclusive Control. If a lessor is responsible
ence. for maintenance and repairs to property leased to the
United States government, the property shall not be
101.4.10.3 Scope. The provisions of the Swimming deemed to be under the exclusive control of an officer
Pool and Spa Code shall apply to the construction, of the United States government. If the underlying real
alteration, movement, renovation, replacement, repair property is owned by the United States government, but
and maintenance of aquatic vessels. leased to private parties for development pursuant to a
101.4.10.4 Intent. The purpose of the Swimming Pool long-term ground lease or comparable property interest,
and Spa Code is to provide minimum standards to safe- the property shall not be deemed to be under the exclu-
guard life or limb, health, property and public welfare sive control of an officer of the United States govern-
by regulating and controlling the design, construction, ment for purposes of this exemption.

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101.5.2 Foreign Missions. The Construction Codes shall No provision of the Construction Codes shall be
apply to those buildings occupied by or for any foreign deemed to modify or amend any provision of the Zoning
government as an embassy or chancery to the extent pro- Regulations of the District of Columbia (11 DCMR), as
vided for in Section 206 of the Foreign Missions Act, amended, or any relief granted or order issued pursuant
approved August 24, 1982 [96 Stat. 286; D.C. Official thereto (collectively, the “Zoning Regulations”), nor shall
Code § 6-1306(g) (2012 Repl.)], that is, foreign missions any provision of those Zoning Regulations be deemed to
shall substantially comply with the Construction Codes as modify or amend any provision of the Construction
required by the U.S. Secretary of State in a manner deter- Codes. Where a provision of the Construction Codes is
mined by the Secretary not to be inconsistent with the deemed to be in conflict with any provision of the Zoning
international obligations of the United States. Notwith- Regulations, then a waiver of the applicable provision of
standing the foregoing, a permit shall be required for all the Construction Codes must be sought from the code offi-
land-disturbing activities or major substantial improve- cial or there must be relief granted pursuant to the applica-
ment activities as defined by 21 DCMR, Chapter 5. ble provisions of the Zoning Regulations.
101.5.3 President or Vice President’s Residence. No 102.1.2 Conflicts. Where, in any specific case, different
permit required under the Construction Codes shall be sections of the Construction Codes specify different mate-
issued if it is determined by the code official, defined in rials, methods of construction or other requirements, the
Section 103.1 of the Building Code, that: most restrictive shall govern. When there is a conflict
1. The permit affects an area in close proximity to the between a general requirement and a specific requirement
official residence of the President or Vice President within the Construction Codes, the specific requirement
of the United States; and shall be applicable.

2. The United States Secret Service has established 102.2 Performance of Work in Public Space. Work per-
that the issuance of the permit would adversely formed in a public space, not specifically addressed in the
impact the safety and security of the President or the Construction Codes, shall conform to the pertinent standards
Vice President of the United States. of the District of Columbia Department of Transportation
(DDOT) and of the District of Columbia Water and Sewer
101.5.4 Structures Located in or Adjacent to Rivers or Authority (DC Water).
Bodies of Water. The Construction Codes shall apply to
structures, including, but not limited to, piers, wharves, 102.3 Application of References. Unless otherwise specifi-
jetties, slips, boat storage facilities, marinas, and pilings, cally provided in the Construction Codes, all references to
located in or adjacent to any river or body of water within article or section numbers, or to provisions not specifically
the limits of the District of Columbia. Notwithstanding the identified by number, shall be construed to refer to such arti-
foregoing, work affecting navigable waters may also cle, section or provision of the Construction Codes.
require a permit from the U.S. Army Corps of Engineers
pursuant to the Rivers and Harbors Appropriation Act of 102.4 Referenced Standards. The standards referenced in
1899, effective March 3, 1899 [30 Stat. 1151; 33 U.S.C. § the Construction Codes and listed in Chapter 35 of the Inter-
401 (2007)]. national Building Code, in Chapter 44 of the International
Residential Code, in Annex A of the National Electrical
Code, in Chapter 8 of the International Fuel Gas Code, in
SECTION 102 Chapter 15 of the International Mechanical Code, in Chapter
APPLICABILITY 13 of the International Plumbing Code, in Chapter 8 of the
International Property Maintenance Code, in Chapter 80 of
102.1 General. The provisions of these regulations shall
the International Fire Code, in Chapters 5[RE] and 5[CE] of
cover all matters affecting or relating to buildings, other
the International Energy Conservation Code, in Chapter 16
structures, and systems as set forth in Section 101. A building
of the International Existing Building Code, in Chapter 12 of
or other structure shall not be constructed, maintained,
the International Green Construction Code, and in Chapter
extended, repaired, removed or altered in violation of these
11 of the International Swimming Pool and Spa Code shall be
provisions.
considered a part of the requirements of the Construction
Exception: The raising, lowering, or moving of a building Codes to the prescribed extent of each such reference.
or other structure as a unit, necessitated by a change in
legal grade or widening of a street, shall be permitted pro- 102.4.1 Conflicts. If conflict arises between the provisions
vided that the building or other structure is not otherwise of the Construction Codes Act and the Construction Codes
altered, that its use or occupancy is not changed, and that Supplement, the International Codes, or their referenced
the building or other structure complies with the code pro- standards, the provisions of the Construction Codes Act
visions originally applicable to the building or other struc- shall take precedence. If conflict arises between the Con-
ture. struction Codes Supplement, the International Codes, and
their referenced standards:
102.1.1 Code Precedence. Unless otherwise provided
herein, or in the Construction Codes Act, the Construction 1. The provisions of the Construction Codes Supple-
Codes Supplement shall take precedence over the Interna- ment shall take precedence over the International
tional Codes, including standards and amendments. Codes and their referenced standards.

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ADMINISTRATION AND ENFORCEMENT

2. The provisions of the International Codes, other 103.1.1 Delegation of Authority. The code official shall
than their referenced standards, shall take prece- have the authority to delegate his or her duties and powers
dence over their referenced standards. under the Construction Codes, but he or she shall remain
102.5 Severability. If any part or provision of the Construc- responsible for the proper performance of those duties and
tion Codes is held illegal or void, this shall not make void or powers.
illegal any other parts or provisions of the Construction 103.1.2 Department. Where used herein the word
Codes, which shall be determined to be legal. It shall be pre- “Department” shall refer to the Department of Consumer
sumed that the Construction Codes would have been enacted and Regulatory Affairs, except that references to “Depart-
and adopted without such illegal or void parts or provisions. ment” in the Fire Code shall refer to the D.C. Fire and
102.5.1 Severance of Invalid Provisions. Any illegal or Emergency Medical Services Department (“Fire Depart-
void part of the Construction Codes shall be severed from ment”).
the remainder of the Construction Codes by the court 103.2 Code Official for the Fire Code. The Chief of the Fire
holding such part illegal or void, and the remainder of the Department (“Fire Chief”) shall be the code official for the
Construction Codes shall remain effective. enforcement of the Fire Code, except that the Director of the
102.5.2 Decisions Involving Existing Structures. The Department of Consumer and Regulatory Affairs shall be the
invalidity of any provision in any section of the Construc- code official for enforcement of all provisions of the Fire
tion Codes as applied to existing buildings and other struc- Code pertaining to approval, installation, design, modifica-
tures shall not be held to affect the validity of such section tion, maintenance, testing, and inspection of all new and
in its application to buildings and other structures erected existing fire protection systems.
after the effective date of the Construction Codes. 103.3 Organization. The code official shall appoint such
102.6 Continuation of Legal Use and Occupancy. The number of officers, technical assistants, inspectors and other
legal use and occupancy of any structure existing on the employees as shall be necessary for the administration of the
effective date of the Construction Codes, or for which a per- Construction Codes.
mit has already been approved, shall be permitted to continue 103.3.1 Deputy. The code official is authorized to desig-
without change. nate an employee or employees as deputy who shall exer-
Exceptions: cise powers of the code official during the temporary
absence or disability of the code official, as delegated.
1. Provisions of the Building Code, the Property Main-
tenance Code, or the Fire Code that are specifically 103.4 Conflicts of Interest. No official or employee of the
required to be applied retroactively. Department shall directly or indirectly engage in any private
business transaction or activity, which tends in any way to
2. Provisions of the Construction Codes deemed nec- interfere with the performance of his or her duties, including:
essary by the code official, as defined in Section
103.1 of the Building Code, for the general safety, 1. Furnishing of Services. Being engaged in, or directly
health and welfare of the occupants and the public. or indirectly connected with, the furnishing of labor,
materials or appliances for the construction, alteration
102.7 Continuation of Unlawful Use. The continuation of or maintenance of a building under the jurisdiction of
occupancy or use of a building or other structure, or of a part the Construction Codes, or the preparation of plans or
thereof, contrary to the provisions of the Construction Codes specifications of a building under the jurisdiction of the
or to the provisions of the Zoning Regulations, shall be Construction Codes, unless the official or employee is
deemed a violation or infraction under Section 113 of the the principal owner of the building.
Building Code. The code official, as defined in Section 103.1
of the Building Code, is authorized to issue a notice of viola- 2. Conflict with Official Duties. Engaging in any work
tion and order requiring discontinuance of the use or occu- which conflicts with official duties or with the interests
pancy pursuant to Section 113 of the Building Code, and the of the Department.
owner or other violator shall be subject to the penalties or 3. Private Work. Directly or indirectly engaging with or
fines prescribed in Section 113 of the Building Code. accepting remuneration from any private person, firm,
or corporation for the performance of any work as a
designer, architect, engineer, consultant, or inspector,
SECTION 103 which work is to be submitted to, passed upon,
DEPARTMENT OF CONSUMER AND reviewed, or inspected by any officer of the District of
REGULATORY AFFAIRS Columbia charged with the administration of any por-
103.1 Code Official. The Director of the Department of Con- tion of the Construction Codes.
sumer and Regulatory Affairs (“Director”) shall be, and shall 103.5 Public Access to Records. In accordance with proce-
hereinafter be referred to as, the code official for the enforce- dures established by the code official, official records of the
ment of the provisions of the Construction Codes, except Department shall be available for public inspection at all
those provisions of the Fire Code that shall be enforced by appropriate times pursuant to the Freedom of Information
the Fire Chief as provided in Section 103.2. Where in the Act, effective March 25, 1977 [D.C. Law 1-96; D.C. Official
Construction Codes the term “building official” is used, it Code § 2-531 et seq. (2012 Repl.)]. Pursuant to D.C. Official
shall mean the “code official.” Code § 2-532 (2012 Repl.), the Department may collect a fee

2013 DISTRICT OF COLUMBIA BUILDING CODE 11


ADMINISTRATION AND ENFORCEMENT

in accordance with 1 DCMR § 408 for researching and copy- repair; any building being razed or moved; any premises,
ing any requested documents, except that Advisory Neigh- including any building or other structure which he or she has
borhood Commissioners shall not be required to pay this fee. reason to believe to be unsafe or a menace to life or limb; or
any building, the use of which may require the issuance of a
license or a certificate of occupancy. With respect to the
SECTION 104 inspection of any occupied habitable portion of any building,
DUTIES AND POWERS OF THE CODE OFFICIAL consent to such inspection shall first be obtained from any
104.1 General. The code official is hereby authorized and person of suitable age and discretion therein, except that if an
directed to enforce the provisions of the Construction Codes. acute emergency occurs and immediate steps must be taken
The code official shall have the authority to render interpreta- to protect the public, such consent need not be obtained.
tions of the Construction Codes and to adopt policies and When attempting to gain entrance for inspection, the code
procedures in order to clarify the application of its provisions. official, and authorized representatives of the code official,
Such interpretations, policies and procedures shall be in com- shall show official credentials issued by the Department. If
pliance with the intent and purpose of the Construction entry is refused, the code official is authorized to apply to the
Codes. Such policies and procedures shall not have the effect Superior Court for an administrative search warrant, pursuant
of waiving requirements specifically provided for in the Con- to D.C. Official Code §§ 42-3131.02 and 42-3509.08 and
struction Codes. Sup. Ct. Civ. R. 204.
104.1.1 Administrative Bulletins. The code official shall 104.7 Department Records. The code official shall keep
have the authority to promulgate from time to time admin- official records of applications received, permits and certifi-
istrative bulletins that shall be effective upon publication cates issued, fees collected, reports of inspections, and
in the D.C. Register. Administrative bulletins shall be notices and orders issued. Such records shall be retained in
titled, numbered, and dated. Administrative bulletins shall the official records of the Department for the period required
be publically available at the Department’s permit center for retention of public records.
and shall be posted on the Department’s website. The code 104.8 Relief from Personal Liability. Unless otherwise pro-
official shall maintain on the Department’s website the vided by Federal or District of Columbia law, the code offi-
same administrative bulletins as available at the Depart- cial and any officials or employees of the Department
ment’s permit center. charged with enforcement of the Construction Codes acting
104.2 Applications and Permits. The code official shall in their official capacity shall not be liable personally, and are
receive applications, review submittal documents, and issue relieved from all personal liability for any damage that may
permits and certificates authorized by the Construction accrue to persons or property as a result of any act required or
Codes; and enforce compliance with the provisions of the permitted in the discharge of their official duties.
Construction Codes. 104.8.1 Defense of Suits. Any suit instituted against the
104.3 Notices and Orders. The code official shall issue all code official or any official or employee of the Depart-
necessary notices or orders to ensure compliance with the ment because of an act performed in the discharge of offi-
Construction Codes, and shall institute administrative and cial duties and under the provisions of the Construction
legal actions to correct violations or infractions, including Codes, or by reason of any act or omission while perform-
actions pursuant to An Act To provide for the abatement of ing official duties in connection with the Construction
nuisances in the District of Columbia by the Commissioners Codes, shall be defended by the Office of the Attorney
of said District, and for other purposes, approved April 14, General for the District of Columbia until the final termi-
1906 [34 Stat. 114; D.C. Official Code § 42-3131.01 et seq. nation of legal proceedings.
(2012 Repl.)], and the Due Process Demolition Act of 2002, 104.8.2 Liability for Costs. The code official and any
effective April 19, 2002 [D.C. Law 14-114; D.C. Official official or employee of the Department shall not be per-
Code § 42-3171.01 et seq. (2012 Repl.)]. sonally liable for costs in any action, suit or proceeding
104.4 Inspections. The code official is authorized to inspect that is instituted in pursuance of the provisions of the Con-
the premises for which a permit or certificate has been issued, struction Codes.
and shall make all of the required inspections. The code offi- 104.8.3 Liability for Acts or Omissions. Any official or
cial shall have authority to accept reports of inspection by employee of the Department, acting in good faith and
approved agencies. The code official is authorized to engage without malice, shall be free from liability for acts per-
such expert opinion as is deemed necessary to report upon formed under the provisions of the Construction Codes, or
unusual technical issues that arise. by reason of any act or omission while performing official
104.5 Identification. The code official, and authorized repre- duties in connection with the Construction Codes.
sentatives of the code official, shall carry proper credentials 104.9 Approved Materials, Equipment and Devices. All
when inspecting premises, including any buildings or other materials, equipment and devices approved for use by the
structures, in the performance of their duties under the Con- code official shall be constructed and installed in accordance
struction Codes. with such approval.
104.6 Right of Entry. The code official, in the performance 104.9.1 Used Materials, Equipment and Devices. The
of his or her duties, shall have the right to enter any unoccu- use of used materials which meet the requirements of the
pied building; any building under construction, alteration, or Construction Codes for new materials is permitted. Used

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ADMINISTRATION AND ENFORCEMENT

equipment and devices shall not be reused unless Office of the Attorney General for the District of Columbia
approved by the code official. when deemed necessary for the requested modification.
104.9.2 Unlabeled Products. Where materials, assem- 104.10.1 Flood hazard areas. The code official shall not
blies or products are required by the Construction Codes grant modifications to any provision required in flood haz-
to be labeled, those materials, assemblies or products ard areas as established by Section 1612.3 unless a deter-
which are not labeled, listed or classified by an approved mination has been made that:
testing agency and which are proposed to be installed in 1. A showing of good and sufficient cause that the
the District of Columbia, shall be tested and labeled by an unique characteristics of the size, configuration or
approved testing laboratory or shall be approved in accor- topography of the site render the elevation standards
dance with Sections 1701 and 1703 of the Building Code of Section 1612 inappropriate.
at the expense of the applicant, before a permit can be
granted for this installation. 2. A determination that failure to grant the variance
would result in exceptional hardship by rendering
104.9.3 Assembled Components. Any mechanical or the lot undevelopable.
electrical appliance which is not labeled, listed or classi-
fied by an approved testing agency, which is an assembly 3. A determination that the granting of a variance will
of individually labeled or listed subassemblies or compo- not result in increased flood heights, additional
nents and which is proposed to be installed in the District threats to public safety, extraordinary public
of Columbia, shall be tested and approved in accordance expense, cause fraud on or victimization of the pub-
with Section 104.9.2 of the Building Code, before a permit lic, or conflict with existing laws or ordinances.
can be granted for its installation. 4. A determination that the variance is the minimum
104.9.4 Modular Structures. Before erecting or installing necessary to afford relief, considering the flood haz-
in the District of Columbia any factory assembled struc- ard.
ture, manufactured at a remote site and transported in one 5. Submission to the applicant of written notice speci-
or more sections, a complete set of drawings shall be sub- fying the difference between the design flood eleva-
mitted for review prior to the issuance of a building per- tion and the elevation to which the building is to be
mit. These drawings shall include a certificate of approval built, stating that the cost of flood insurance will be
by a factory inspection agency that has been approved by commensurate with the increased risk resulting from
the code official. The drawings shall be submitted to the the reduced floor elevation, and stating that con-
code official for plan review and permitting and shall struction below the design flood elevation increases
include a set of the manufacturer’s installation specifica- risks to life and property.
tions and designate the applicable portions of construction 104.10.2 Procedure for Modifications. The application
that are required to have field inspection by the code offi- for modification shall be submitted on a form provided by
cial, including all utility connections, the marriage line the Department and sealed by the registered design profes-
connections and the foundation plate nailing patterns. sional if applicable. The final decision of the code official
These drawings shall be stamped by a structural engineer shall be in writing and shall be officially recorded with the
or architect licensed in the District of Columbia, and application for permit in the permanent records of the
include the site constructed or assembled foundation sys- Department.
tem details and specifications. Separate permits issued by
the Department for plumbing, mechanical, and electrical 104.10.3 Improper Procedure. Any verbal waiver or ver-
connections shall be required. Inspections of all work con- bal permission to deviate from or violate any provision of
ducted on site shall be in accordance with Section 109. the Construction Codes is null and void.
Prior to placement of the factory assembled structure on a 104.11 Alternative Materials, Equipment, Methods of
footing and foundation, all required footing and founda- Construction and Design. The provisions of the Construc-
tion inspections shall require approval by the code official, tion Codes are not intended to prevent the use of any material,
including the footing drains and any required waterproof- equipment or method of construction not specifically pre-
ing. scribed by the Construction Codes, provided any such alter-
104.10 Modifications. Wherever there are practical difficul- native has been approved by the Department. Alternative
ties involved in carrying out the provisions of the Construc- materials, equipment or methods of construction shall be
tion Codes, the code official shall have the authority to grant approved when the code official finds that the proposed
modifications for individual cases upon application of the design is satisfactory and complies with the intent of the pro-
owner or owner’s representative; provided, that the code offi- visions of the Construction Codes, and that the material,
cial shall first find that special individual reasons make the equipment or method offered is, for the purpose intended, at
strict letter of the Construction Codes impractical, that the least the equivalent of that prescribed in the Construction
modification is in compliance with the intent and purpose of Codes in quality, strength, effectiveness, fire-resistance,
the Construction Codes, and that such modification does not durability and safety. Approvals shall conform to Sections
lessen health, accessibility, life and fire safety, or structural 1701 and 1703 of the Building Code.
requirements. The details of the action granting modification 104.11.1 Research Reports. Supporting data, where nec-
shall be recorded and entered in the appropriate files of the essary to assist in the approval of materials, equipment or
Department. The code official may seek the opinion of the methods of construction not specifically provided for in

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ADMINISTRATION AND ENFORCEMENT

the Construction Codes shall consist of valid research 3.4. Plumbing;


reports from sources approved by the code official.
3.5. Elevators and conveying systems;
104.11.2 Tests. Whenever there is insufficient evidence of
compliance with the provisions of the Construction Codes, 3.6. Boilers.
or evidence that a material, equipment or method of con- 4. Sign permits (subject to Sections 105.1.11 and
struction does not conform to the requirements of the Con- 3107).
struction Codes, or in order to substantiate claims for
5. Foundation and earthwork permits.
alternative materials or methods, the code official shall
have the authority to require tests as evidence of compli- 6. Miscellaneous permits:
ance to be made at no expense to the government of the 6.1. Projection permits;
District of Columbia. Test methods shall be specified in
the Construction Codes or by other recognized and 6.2. Crane and derrick permits;
accepted test standards in the industry. In the absence of 6.3. After-hours permits;
recognized and accepted test methods, the code official is
authorized to approve appropriate testing procedures. 6.4. Other activities as may be determined by the
Tests shall be performed by an agency approved by the code official, and set forth by the Department in
code official. Reports of such tests shall be retained by the administrative bulletins.
code official for the period required for retention of public 105.1.2 Permitted Construction Hours. Authorized con-
records. struction hours permitted in the District of Columbia, for
104.12 Reasonable Accommodation Under the Fair Hous- work conducted under a permit, are from 7 a.m. to 7 p.m.
ing Act. Requests for reasonable accommodation under the Mondays through Saturdays, excluding legal holidays.
Fair Housing Act, 42 U.S.C. § 3604(f)(3)(B), as amended, 105.1.3 After-Hours Permit. Any request to work pursu-
shall be made according to the procedures set forth in 14 ant to a permit beyond permitted construction hours shall
DCMR § 111. be made by application to the code official and shall be
subject to noise regulations set forth in 20 DCMR. No
after-hours permit shall be issued for work in an area
SECTION 105 zoned “residential” under the Zoning Regulations then in
PERMITS effect, or in an area within 500 feet (152 400 mm) of such
105.1 Required Permits. Depending on the scope of work, residential zone, or within 500 feet (152 400 mm) of a
an owner or authorized agent who intends to undertake any of building with sleeping quarters, unless the code official
the activities set forth in items 1 through 4 below, or to cause determines that not issuing such permit would pose a
any such work to be done, shall first make application to the threat to public safety, health and welfare.
code official and obtain the required permit(s) relevant to the
intended work: 105.1.4 Establishment of Special Flood Hazard Areas.
The District of Columbia has established a Special Flood
1. Construct, enlarge, alter, repair, move, demolish, or Hazard Area, as delineated on the Federal Emergency
change the occupancy of a building or other structure; Management Agency’s Flood Insurance Rate Map and
or adopted by the District at 20 DCMR § 3101.2. For pur-
2. Erect, install, enlarge, alter, repair, remove, convert or poses only of this subsection and 20 DCMR, Chapter 31,
replace any electrical, gas, mechanical, or plumbing “development,” as defined in 20 DCMR § 3199.1, shall
system, the installation of which is regulated by the mean any man-made change to improved or unimproved
Construction Codes, or to cause any such work to be real estate, including but not limited to buildings or other
done; or structures, streets and other paving, utilities, filing, grad-
ing, excavation, mining, dredging, drilling operations,
3. Install tower cranes or other similar hoisting devices on storage of equipment or materials, and the subdivision of
public space or private property; or land.
4. Undertake any other activity regulated by the Construc- 105.1.5 Annual Permit. In lieu of an individual permit for
tion Codes. each alteration to an already approved electrical, gas,
105.1.1 Classification of Permits. For the purposes of the mechanical or plumbing installation, the code official is
Construction Codes, permits issued by the Department authorized, upon application therefore, to issue an annual
shall be classified as follows: permit allowing alterations to such installations to any per-
1. Building permits. son, firm or corporation regularly employing one or more
qualified tradespersons in the building, other structure or
2. Raze permits. on the premises owned or operated by the applicant for the
3. Trade permits: permit.
3.1. Electrical; 105.1.5.1 Annual Permit Records. The person or
entity to whom an annual permit is issued shall keep a
3.2. Gas; detailed record of alterations made under such annual
3.3. Mechanical; permit. The code official shall have access to such

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records at all times or such records shall be filed with powers of the code official shall be governed by (a) Chap-
the code official as designated. ter 1, 12 DCMR A and (b) Chapter 1, 12 DCMR G,
105.1.6 Licensing Requirements. Electrical, mechanical, including, but not limited to, the code official’s authority
plumbing, and fuel work requiring a permit shall be per- to receive applications, to review submittal documents and
formed, as applicable, by a licensed electrician, plumber, issue permits, to institute administrative and legal actions
gas-fitter, and/or refrigeration and air-conditioning to correct violations or infractions, and to inspect prem-
mechanic licensed pursuant to D.C. Official Code § 47- ises.
2853.01 et seq. (2012 Repl.) 105.1.11.1 Applicable Requirements. Signs shall be
105.1.7 Raze Permits. Before a raze permit is issued, the designed, constructed and maintained in accordance
owner of the building or other structure to be razed, or the with the requirements of Title 12 of the DCMR, includ-
owner’s agent, shall post and maintain a notice furnished ing, but not limited to, Appendix N to the Building
by the code official on the façade fronting on the public Code Supplement which is hereby expressly adopted
street of the building or other structure as designated by and incorporated by reference, and the Property Main-
the code official, so as to be visible from the public way. tenance Code, until such time as the District of Colum-
The raze permit shall not be issued by the code official bia adopts superseding regulations pursuant to the Sign
until at least 30 days after the date the notice is posted on Legislation.
the building or other structure. This notification require- 105.1.12 Stormwater Management and Erosion and
ment shall not apply to any emergency raze ordered by the Sediment Control. A permit shall not be issued for a
code official. Violations of this subsection shall be deemed major substantial improvement activity (as defined by 21
a Class 3 infraction pursuant to 16 DCMR § 3200. DCMR, Chapter 5) or a land-disturbing activity regulated
105.1.7.1 Other Requirements. Prior to issuing a raze by 21 DCMR, Chapter 5, until the submitted plans reflect
permit, the code official is authorized to require the the pertinent features approved by the official charged
applicant to submit clearances and/or information, with the administration and enforcement of 21 DCMR,
including, but not limited to, asbestos removal, utility Chapter 5, and the requirements of D.C. Law 5-188, Water
disconnects, grading plans, and historic preservation, Pollution Control Act of 1984, as amended.
and to provide notification to adjoining property own- 105.2 Work Exempted from Permit. This Section 105.2
ers where party walls are involved. sets forth exemptions from permit requirements, subject to
105.1.7.2 Fee. The applicant for a raze permit shall pay historic and Special Flood Hazard Area restrictions set forth
a fee for the furnishing of the notice required under in Sections 105.2.5 and 105.2.6 respectively. Exemptions
Section 105.1.7 in accordance with the applicable fee from permit requirements of the Construction Codes shall not
schedule published in the D.C. Register, as amended be deemed to grant authorization for any work to be done in
from time to time. any manner in violation of the provisions of the Construction
Codes or of any other laws, regulations or ordinances of the
105.1.8 Emergency Work. When necessary to make District of Columbia.
emergency repairs or replacements to buildings, other
structures or systems, an application for a permit to cover Building:
all emergency work shall be submitted no later than the 1. Brick pointing.
first business day following the performance of such emer- 2. Caulking, patching and plaster repair of non-rated
gency work. assemblies.
105.1.9 Posting of Permit. The permit, or a copy thereof, 3. Installation of window screens and storm win-
shall be kept on the work site and conspicuously displayed dows.
at a location visible from the street until the completion of
the project. 4. Repair in kind of existing fences.
105.1.10 Grounds for Permit Denial. The code official is 5. Painting other than fire-retardant paint.
authorized to deny permits pursuant to D.C. Official Code 6. Papering, tiling, carpeting, floor covering, cabi-
§ 6-1408.01 (2012 Repl.). nets, countertops and similar finish work.
105.1.11 Signs. To the extent that the code official is des- 7. Replacement in kind of one of the items listed
ignated as the permitting and enforcement official for hereafter. For the purpose of this section, “replace-
signs, pursuant to any District of Columbia laws and regu- ment in kind,” means replacement with a feature of
lations, including, but not limited to, the Sign Regulation like material that replicates the existing feature in
Emergency Amendment Act of 2012, enacted July 11, proportion, appearance, texture, design, detail and
2012 (D.C. Act 19-387; 59 DCR 8491), any substantially dimensions.
similar successor legislation; Section 1 of An Act To regu-
7.1. Roofing and coping.
late the erection, hanging, placing, painting, display, and
maintenance of outdoor signs and other forms of exterior 7.2. Siding.
advertising within the District of Columbia, approved 7.3. Gutters and downspouts and fascia.
March 3, 1931 [46 Stat. 1486; D.C. Official Code § 1-
303.21 (2012 Repl)], and Mayor’s Order 2011-181, dated 7.4. Private sidewalks and driveways.
October 31, 2011 (“Sign Legislation”), the duties and 7.5. Patios.

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ADMINISTRATION AND ENFORCEMENT

7.6. Nonrated suspended ceiling tile. Gas:


7.7. Not more than 160 square feet (14.9 m ) of2 1. Portable heating, cooking or clothes drying appli-
gypsum board excluding installation of fire- ances.
rated gypsum wall board or shaft liner. 2. Replacement of any minor part that does not alter
8. A single garden storage shed that does not exceed approval of equipment or make such equipment
50 square feet (4.65 m2) in area, is less than 10 feet unsafe.
(3048 mm) in overall height, is an accessory struc- 3. Portable-fuel-cell appliances that are not connected
ture to a building of Use Group R-3 or to a build- to a fixed piping system and are not interconnected
ing under the jurisdiction of the Residential Code, to a power grid.
and is erected on a lot with no other exempted stor- Mechanical:
age shed.
1. Portable heating appliances.
9. Prefabricated pools, accessory to a Use Group R-3
occupancy, or accessory to buildings under the 2. Portable ventilation appliances.
jurisdiction of the Residential Code, which are less 3. Portable cooling units.
than 24 inches (610 mm) deep, do not exceed
4. Steam, hot or chilled water piping within any heat-
1,000 gallons (3785.41 L), are installed entirely
ing or cooling equipment or appliances regulated
above ground and are not designed or manufac-
by the Construction Codes.
tured to be connected to a circulation system.
5. Replacement of any minor part that does not alter
10. Retaining walls that are not over 4 feet (1219 mm)
approval of equipment or make such equipment
in height, measured from the bottom of the footing
unsafe.
to the top of the wall, for one and two family
dwellings only where the area of land disturbance 6. Portable evaporative coolers.
is less than 50 square feet (4.65 m2). 7. Self-contained refrigerating systems containing 10
11. Shade cloth structures constructed for nursery or pounds (5 kg) or less of refrigerant or that are actu-
agricultural purposes, not including service sys- ated by motors of 1 horsepower (746 W) or less.
tems. 8. Portable-fuel-cell appliances that are not connected
12. Swings and other playground equipment accessory to a fixed piping system and are not interconnected
to one- and two-family dwellings. to a power grid.
13. Movable fixtures, cases, racks, counters and parti- Plumbing:
tions not over 5 feet 9 inches (1753 mm) in height. 1. The stopping of leaks in drains, water, soil, waste
Electrical: or vent pipe, provided, however, that if any con-
cealed trap, drainage, water, soil, waste or vent
1. Repair portable electrical equipment. pipe becomes defective and it becomes necessary
2. Repair lighting fixtures. to remove and replace the same with new material,
3. Repair or replace ballasts, sockets, receptacles, or such work shall be considered as new work and a
snap switches. permit shall be obtained and inspection made as
provided in the Construction Codes.
4. Minor repair work, including the replacement of
lamps or the connection of approved portable elec- 2. The clearing of stoppages or the repairing of leaks
trical equipment to approved permanently installed in pipes, valves or fixtures, and the removal and
receptacles, and other minor repairs at existing out- reinstallation of water closets, provided such
lets. repairs do not involve or require the replacement or
rearrangement of valves, pipes, or fixtures.
5. Electrical equipment used for radio and television
transmissions; however, a permit is required for 3. Repair or replacement of water meters performed
equipment and wiring for a power supply and the by DC Water.
installations of towers and antennas. 105.2.1 [Reserved].
6. Listed cord-and-plug connected temporary decora- 105.2.2 Ordinary Repairs. Permits are not required for
tive lighting. ordinary repairs to buildings, other structures or equip-
7. Reinstallation of plug receptacles but not the out- ment. Ordinary repairs shall not include:
lets thereof. 1. The cutting away of any wall, partition or portion
thereof, the removal or cutting of any structural
8. Replacement of branch circuit overcurrent devices
of the required capacity in the same location. beam or load bearing support, or the removal or
change of any required means of egress, or rear-
9. Installation of any temporary system required for rangement of parts of a structure affecting the egress
the testing or servicing of electrical equipment or requirements; or
apparatus.

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ADMINISTRATION AND ENFORCEMENT

2. Addition to, alteration of, replacement or relocation An application shall be submitted in the form prescribed
of any standpipe, water supply, sewer, drainage, and provided by the code official. Unless otherwise specified
drain leader, gas, soil, waste, vent or similar piping, by the code official, the application shall:
electric wiring or mechanical or other work affect-
1. Be accompanied by any filing fee deposit required
ing public health or general safety.
pursuant to Section 108.2.1.1 and any other fees
105.2.3 Public Service Agencies. A permit shall not be required by the code official to be paid at the time of
required under the Construction Codes for the installation, filing. All other fees shall be paid prior to issuance of
alteration or repair of equipment and facilities used for the permit pursuant to Section 108.
generation, transmission, distribution, metering or treat-
2. Clearly identify and describe the work to be covered
ment that is under the ownership or control of public ser-
by the permit for which application is made.
vice agencies subject to the jurisdiction of the Public
Services Commission or DC Water. 3. Describe the land on which the proposed work is to be
done by legal description, street address, lot and
Exception: A permit shall be required for all projects square or similar description that will readily identify
involving land-disturbing activities or major substantial and definitively locate the proposed building or work.
improvement activities as defined in 21 DCMR, Chap-
ter 5, and for all work described in Section 105.2.5. 4. Provide sufficient information clearly distinguishing
existing versus proposed use.
105.2.4 [Reserved].
5. Indicate the use and occupancy for which the pro-
105.2.5 Permit Exemptions Not Applicable in Historic posed work is intended.
Districts or to Historically Designated Structures.
When the proposed scope of work would qualify to be 6. Be accompanied by a fully completed intake form and
exempted from permit pursuant to Section 105.2 of this supporting submittal documents as required by Sec-
chapter, and the work is to occur on the land of or the exte- tion 106.
rior of buildings or other structures located in historic dis-
7. Include an accurate breakdown of construction valua-
tricts, or of historically designated buildings or other
tion in accordance with Section 108.3.
structures, an application for a building permit pursuant to
Section 105.1 shall be required for the following work 8. Include a valid electronic mail address for communi-
described in Section 105.2. cations relating to the application and for electronic
service of notices and orders related to the permit.
Building:
9. Include the applicant’s certification that the informa-
1. Brick pointing; tion provided in the application is true and correct to
4. Repair or replacement of fences, except as the best of the applicant’s knowledge, and acknowl-
deemed an ordinary repair; edging the applicability of criminal penalties for false
statements as provided in Section 404 of the District
5. Painting of unpainted exterior masonry at a of Columbia Theft and White Collar Crimes Act of
landmark property; 1982, effective December 1, 1982 [D.C. Law 4-164;
7. Replacement in kind, except of interior ceiling D C. Official Code § 22-2405 (2013 Supp.)].
tile and gypsum board; 10. Include the “Standards of External Effects” applica-
8. Garden storage shed; tion required by the District of Columbia Zoning Reg-
ulations (11 DCMR, Chapter 8) if the property is
9. Prefabricated pools; and located in a CM or M zone district.
10. Retaining walls. 11. Provide name and contact information, including a
valid electronic mailing address, for the general con-
105.2.6 Permit Exemptions Not Applicable in Special
tractor or construction manager, if known, when the
Flood Hazard Areas. When the proposed scope of work
application is filed. If the information is not known at
would qualify to be exempted from permit requirements
the time of filing, the information shall be provided to
pursuant to Section 105.2 of this chapter, and the work is
the code official as soon as the general constructor or
to occur on land designated as a Special Flood Hazard
construction manager is selected, but no later than the
Area on the Federal Emergency Management Agency’s
scheduling of the first inspection.
Flood Insurance Rate Map for the District (20 DCMR §
3101.2), a building permit shall be required. 12. Be signed by the applicant, or the applicant’s autho-
rized agent. The application form shall contain the
105.3 Application for Permit. To obtain a permit, the owner
statement “Making of a false statement in this form is
or the authorized agent (herein referred to as the applicant)
punishable by criminal penalties pursuant to D.C.
shall submit to the code official an application for permit.
Official Code § 22-2405” in the applicant’s signature
Where a permit is required, it shall be obtained by applicant
box.
prior to the commencement of any work, except as provided
in Section 105.1.8. For trade permits, the applicant shall be 13. Provide such other data and information as required
the contractor responsible for the work to be done. by the code official.

2013 DISTRICT OF COLUMBIA BUILDING CODE 17


ADMINISTRATION AND ENFORCEMENT

14. For applications to authorize electrical, mechanical, responsible officer is in violation of any provision of the
plumbing or fuel gas work, include the name, signa- Construction Codes.
ture and license number of the person performing the
work as required by Section 105.1.6. 105.3.3 By Whom Application is Made. Application for
a permit shall be made by the owner or lessee of the prem-
105.3.1 Action on Application. The code official shall ises, including any building or other structure, or by the
examine or cause to be examined all applications for per- authorized agent of either. The licensed engineer, architect
mit and amendments to applications within a reasonable or interior designer employed in connection with the pro-
time after filing. The code official may reject an applica- posed work shall be allowed to submit an application for a
tion at the time of filing if the application and required building permit on behalf of the owner or lessee if an
supporting documents are not substantially complete. If authorized agent.
deficiencies in the application, plans or other supporting
documents are discovered during processing, the code offi- 105.3.3.1 Transfer of Permit Application. If the
cial is authorized, in his or her discretion, to give the owner or lessee of the premises, including any building
applicant an opportunity to correct the deficiencies prior to or other structure, should change, an unexpired permit
taking action to approve or reject the application. If the application may be transferred to a new owner or lessee
application or the plans do not conform to the require- upon approval by the code official of an application by
ments of all pertinent laws, the code official is authorized the new owner or lessee, in a form specified by the
to reject such application. The code official shall state the code official.
reasons for the rejection in writing, citing specific sections 105.3.3.2 Penalties for False Statements. False state-
of the Construction Codes, and stating the applicant’s ments in an application may subject the permit to revo-
right of appeal under Section 112. If the code official is cation pursuant to Section 105.6. Applicants are also
satisfied that the proposed work conforms to the require- subject to the penalties of Section 404 of the District of
ments of the Construction Codes and all applicable laws, Columbia Theft and White Collar Crimes Act of 1982,
rules, and regulations, the code official shall issue a permit effective December 1, 1982 [D.C. Law 4-164; D.C.
as soon as practicable. Official Code § 22-2405 (2013 Supp.)] for false state-
105.3.1.1 Third-Party Plan Review. An applicant ments.
shall have the option of providing for a third-party plan 105.3.4 Approval of Partial Plans. The code official is
review agency to perform a code compliance review of authorized to issue a partial permit for earth retention or
a project, at the applicant’s expense, pursuant and sub- the construction of foundations before the entire plans and
ject to the provisions of: this Section 105.3.1; the specifications for the whole building or other structure
Homestart Regulatory Improvement Amendment Act, have been submitted, provided adequate information and
effective June 25, 2002 [D.C. Law 14-162; D.C. Offi- detailed statements have been filed complying with all
cial Code § 6-1405.03 (2012 Repl.)]; and the Third- pertinent requirements of the Construction Codes. Issu-
Party Plan Review Program Procedure Manual, ance of a partial permit by the code official does not con-
adopted by the Department on January 2, 2011 (the stitute assurance that a permit for the entire structure will
“Third-Party Plan Review Manual”), as amended. be granted. The holder of such partial permit for earth
105.3.1.2 Third-Party Plan Review Procedures. An retention or foundations will proceed with the construction
applicant may seek an expedited submittal documents at the holder’s own risk and without assurance that a per-
review by providing the code official with a certified mit for the entire structure will be granted.
report(s) of the findings of the third-party plan review 105.3.5 Approval of Submittal Documents. When the
agency, in a format acceptable to the code official. The code official issues a permit, the submittal documents shall
code official shall accept such reports from approved be approved, in writing or by stamp, as “Approved.”
third-party plan review agency or agencies, as provided Unless submitted electronically, one set of approved sub-
for in the Third-Party Plan Review Manual. mittal documents so reviewed shall be retained by the code
If the code official is satisfied that the report and the official and the other sets shall be returned to the appli-
proposed submittal documents or certified components cant; at least one approved set shall be kept at the work
of submittal documents conform to the requirements of site and shall be open to inspection by the code official.
the Construction Codes, the Department shall complete
105.3.6 Signature on Permit. The code official’s signa-
its review within 15 business days of application sub-
ture shall be attached to every permit; or the code official
mission. The code official’s final approval of the sub-
may authorize a subordinate to affix a facsimile of the
mittal documents and issuance of related permits will
code official’s signature to permits. The code official’s
be provided upon receipt of approvals from other
signature shall not be construed as indicating that the con-
reviewing agencies.
struction complies with any other requirement of District
105.3.2 Payment of Delinquent Fines and Penalties. law or regulation other than the Construction Codes and
The code official may refuse to issue a permit if the owner, the Zoning Regulations. The permit does not grant a
applicant, or responsible officer has outstanding fines or waiver of the maximum height allowed under An Act To
penalties imposed under the Construction Codes, or if the regulate the height of buildings in the District of Colum-
code official determines that the owner, applicant, or bia, approved June 1, 1910 [36 Stat. 452; D.C. Official

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ADMINISTRATION AND ENFORCEMENT

Code §§ 6-601.01 to 6-601.09 (2012 Repl.)], unless 105.3.10.1 Exemptions. The professional services of a
expressly indicated on the permit. registered architect, professional engineer or an interior
105.3.7 Time Limitation of Application. An application designer are not required for the following:
for a permit for any proposed work shall be deemed to 1. Work done under any of the exemptions from
have been abandoned 180 days after the date of filing, registration provided for in the laws of the Dis-
unless such application has been pursued in good faith or a trict of Columbia governing the professional reg-
permit has been issued. The code official is authorized to istration of architects, engineers and interior
grant a maximum of two extensions of time for agency designers.
consideration of a permit application, not exceeding 180 2. Nonstructural alteration of any building of Group
days each, provided that the extension is requested in writ- R-3 occupancies or of any building under the
ing and justifiable cause demonstrated. Refunds of the jurisdiction of the Residential Code.
unused portion of the application file deposit shall be
made pursuant to Section 108.6. 3. Preparation of drawings or details for cabinetry,
architectural millwork, furniture, or similar inte-
105.3.8 Amendments to Permit. The holder of a valid rior furnishings, for any work to provide for their
active building permit shall be authorized to amend it or to installation or for any work exempt from building
amend the plans, application or other records pertaining to permit by Section 105.2.
the permit by filing, at any time before completion of the
work for which the original permit was issued, an applica- 4. Preparation of drawings or details for the installa-
tion for revision of a building permit, accompanied by a tion of water and sewer building connections to a
copy of the originally approved submittal documents and, single family residential structure. The code offi-
unless submitted electronically, by two sets of the revised cial is authorized to accept drawings and details
plans. Once such amendments are approved and the prepared by a licensed plumber.
revised permit is issued, it shall be deemed part of the 105.3.10.2 Substitute Design Professional. If the cir-
original permit and shall be kept therewith in the official cumstances require, the owner shall designate a substi-
records of the Department. A revision permit shall become tute registered design professional in responsible
invalid upon expiration of the original building permit it charge who shall perform the duties required of the
amends. The extension provisions of Section 105.5.1 shall original registered design professional in responsible
apply to the original building permit and shall only affect charge.
the respective revision permits to the extent that the origi- 105.3.11 Green Building Incentives. In order to foster
nal building permit is extended. green building development and encourage the District’s
105.3.9 Electronic Mail Address Update. While applica- sustainability goals, including resource conservation and
tions are pending for processing and after issuance of a increased energy and water efficiency, the code official is
permit, applicants and permit holders are required to authorized to develop incentives for projects which meet
update the electronic mailing address provided in the voluntary green building standards as set forth in the
underlying permit application as specified in Section Department’s Administrative Bulletins. Such incentives
105.3, Items 8 and 11. may include, but are not limited to, expedited permit pro-
cessing.
105.3.10 Design Professional in Responsible Charge.
All design for new construction work, alteration, repair, 105.4 Compliance with Code. The permit shall be an autho-
expansion, addition or modification work involving the rization to proceed with the work for which the permit was
practice of professional architecture or engineering, as issued and shall not be construed as authority to violate, can-
defined by applicable District of Columbia laws, shall be cel or set aside any of the provisions of the Construction
prepared by registered architects or professional engineers Codes, except as specifically stipulated by modification
licensed to practice in the District of Columbia. All plans, granted in accordance with Sections 104.10 and 104.10.1.
computations, and specifications required for a building 105.5 Expiration of Permit. Any permit issued shall become
permit application for such work shall be prepared by or null and void if the authorized work is not begun and
under the direct supervision of a registered architect or inspected pursuant to Section 109 within one year after the
professional engineer and shall bear the architect’s or permit is issued, or if the authorized work is suspended, aban-
engineer’s signature and seal in accordance with the laws doned or not inspected pursuant to Section 109 for a period of
of the District of Columbia. Plans for non-structural altera- one year. In determining whether work has been suspended or
tions and repairs of a building, including the layout of inte- abandoned under this Section 105.5, including exceptions
rior spaces, which do not adversely affect any structural thereto, the code official shall have the right to request docu-
member or any part of the structure having a required fire mentation from the permit holder and to inspect the premises,
resistance rating, or the public safety, health or welfare, including any building or other structure, for which the per-
and which do not involve the practice of engineering as mit has been granted.
defined by applicable District of Columbia laws, shall be
deemed to comply with this section when such plans are Exceptions:
prepared, signed and sealed by an interior designer 1. Any permit issued for construction regulated by the
licensed and registered in the District of Columbia in Residential Code shall become invalid if the autho-
accordance with applicable District of Columbia laws. rized work is not begun within 180 days after the

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ADMINISTRATION AND ENFORCEMENT

permit is issued, or if the authorized work is sus- 2. The code official shall have the discretion to
pended or abandoned for a period of 180 days after inspect the premises, including any building or
the date work is begun as evidenced by lack of con- other structure, for which a permit extension has
tinuous work. been requested prior to granting an extension.
2. Any permit issued for work that is to occur on land 105.5.2 [Reserved].
designated as a Special Flood Hazard Area on the
Federal Emergency Management Agency’s Flood 105.5.3 Transferability of Permits. Where a permit
Insurance Rate Map shall become invalid if the holder transfers a premises, including any building or
authorized work is not begun within 180 days after other structure, for which an unexpired permit has been
the permit is issued, or if the authorized work is sus- issued, except where restricted by Section 113.9, the per-
pended or abandoned for a period of 180 days after mit may be transferred to the new owner, upon application
the date work is begun as evidenced by a lack of by the new owner in a form specified by the code official.
continuous work. Permits for installations related to electrical, gas, mechani-
cal, plumbing, elevator and fire protection systems are not
3. Any permit issued for work on premises, including transferable.
any buildings or other structures, that have been
deemed to be unsafe or unfit for human occupancy 105.6 Revocation of Permits. The code official is authorized
(in accordance with Section 115), or abandoned or to revoke a permit or approval issued under the Construction
deteriorated property [in accordance with D.C. Offi- Codes or the District of Columbia Zoning Regulations (11
cial Code § 42-3171.01 et seq.(2012 Repl.)], shall DCMR) (the Zoning Regulations), for any of the following
become invalid if the authorized work is not begun conditions:
within 30 days after the permit is issued and com-
pleted within six months after the date work is 1. Where there is a false statement or misrepresentation of
begun, unless the permit is extended in accordance fact, or other significant inaccuracy, in the application
with Section 105.5.1. or on the plans on which a permit or approval was
based, that substantively affected the approval, includ-
4. The code official has the authority to reinstate, in ing, but not limited to, inaccuracies with respect to pre-
writing, an expired permit upon a showing of appli- existing conditions;
cable extenuating circumstances.
2. When the construction does not comply with the Con-
105.5.1 Extension of Permit. A permit may be extended struction Codes (or any modification duly granted
upon written request, prior to expiration and upon a show- thereunder by the code official), the Zoning Regulations
ing of good cause. The code official is authorized to grant (or any relief granted therefrom by the Board of Zoning
extensions of time not to exceed 180 days per extension. Adjustment or the Zoning Commission), the permit, the
Not more than four extensions of time will be granted to revised permit, one or more conditions of any Board of
any permit. The code official may issue an extension for a Zoning Adjustment or Zoning Commission Order that
period of 365 days upon demonstration of need at the time authorized the construction, or the approved plans and
of extension application, but, in no event, shall the aggre- other information filed to obtain the permit, and when
gate extensions of time exceed two years. the permit holder fails to correct the non-conforming
situation within the time period specified in a notice or
Exceptions: order issued under Section 113;
1. For any permit issued for work on premises,
3. When the permit holder has been cited under 12 DCMR
including any buildings or other structures, that
A § 115 for one or more violations of the Construction
have been deemed to be unsafe or unfit for
Codes which, by the determination of the code official,
human occupancy (in accordance with Section
threaten the health and safety of the public in the Dis-
115), or abandoned or deteriorated property [in
trict of Columbia, and when the permit holder fails to
accordance with D.C. Official Code § 42-
restore safety or otherwise remedy the situation under
3171.01 et seq. (2012 Repl.)], work must com-
the terms and conditions of the code official’s order and
mence within 30 days after the initial permit is
within the time period specified;
issued, and be completed within 180 days after
the date work is begun, unless an extension of 4. When the construction has been posted with two or
time is granted by the code official. If the work more stop work orders, under 12 DCMR A § 114, and
has not been completed within the 180 day period the permit holder fails to comply with conditions stated
or any extension period granted by the code offi- in the orders prior to resuming construction, in two or
cial, the Department is authorized to complete more instances, so as to establish a pattern indicative of
the work in accordance with D.C. Official Code § the permit holder’s unwillingness to fully comply with
42-3131.01 et seq. (2012 Repl.) and to seek any the Construction Codes;
other remedies or penalties authorized by law,
including monetary fines, criminal prosecution, 5. When permits are issued to a contractor whose license
or court orders directing correction or abatement has expired, or is suspended or revoked by the Board
of the violation. having jurisdiction;

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6. When the code official determines that the permit has 2. A statement of the grounds for the action taken, cit-
been issued in error or on the basis of incorrect infor- ing the provisions of the D.C. Official Code, the
mation supplied; or Construction Codes or the Zoning Regulations
7. When the use is located in a CM or M zone district and which have been violated; and
the use violates the “Standards of External Effects” 3. A statement advising the permit holder of the right
described in the Zoning Regulations. to appeal the revocation in accordance with Section
105.6.1 Effective Date of Revocations. Revocations 105.6.4.
based on items 1, 2, 4, 5, 6 or 7 of Section 105.6 are pro- 105.6.3 Service of Notice to Revoke a Permit. The code
posed actions and shall become final upon occurrence of official shall effect service of a notice to revoke a permit
one of the following conditions: by one of the following methods:
1. If the permit holder fails to request a hearing from: 1. Personal service on the permit holder or the permit
(a) the Office of Administrative Hearings within 15 holder’s agent;
business days of receipt after service pursuant to
2. Delivering the notice to the last known home or
Section 105.6.3 of the notice of revocation with
business address of the permit holder as identified
respect to violations of the Construction Codes; or
by the permit application, the tax records, or busi-
(b) the Board of Zoning Adjustment within 60 days
ness license records, and leaving it with a person
of receipt after service pursuant to Section 105.6.3
over the age of 16 years old residing or employed
of the notice of revocation with respect to violations
therein;
of the Zoning Regulations; or
3. Mailing the notice, via first class mail postage pre-
2. If the Office of Administrative Hearings or Board of
paid, at least 10 days prior to the date of the pro-
Zoning Adjustment finds that grounds exist to
posed action, to the last known home or business
revoke the permit following a hearing requested by
address of the permit holder or the permit holder’s
the permit holder pursuant to Section 105.6.4.
agent as identified by the permit application, the tax
105.6.1.1 Summary Revocations; Cancellations. records, or business license records; or
1. Revocations based on Item 3 of Section 105.6 4. If the notice is returned as undeliverable by the Post
shall be summary revocations and shall take Office authorities, or if no address is known or can
effect on the date ordered by the code official. be ascertained by reasonable diligence, by posting a
2. The code official shall have the right to declare a copy of the notice in a conspicuous place in or about
permit null and void, if the agency determines the structure affected by such notice.
that the permit was erroneously issued as the 105.6.3.1 Respondent’s Agent. For the purposes of
result of administrative or clerical error and noti- this section, respondent’s agent shall mean a general
fies the permit holder of the error within five agent, employee, registered agent or attorney of the
business days of permit issuance. Upon such respondent.
notification, the permit holder shall promptly sur-
render the permit for cancellation, however, the 105.6.3.2 Subsequent Notifications. Once the initial
failure to surrender the permit voluntarily for notice has been served:
cancellation shall not affect its invalidity and the 1. The respondent shall notify the Department of all
permit shall be cancelled upon notification to the changes of address or of a preferred address to
permit holder in accordance with Section receive all future notices regarding the revoca-
105.6.3. tion. This notification by the respondent shall be
105.6.1.2 Board of Zoning Adjustment Order. When in writing; and
a written order of the Board of Zoning Adjustment con- 2. All other notices, orders, or any other information
cludes that a permit was issued in error, the permit shall regarding the revocation may be sent by the
be revoked, effective 10 days after the Board of Zoning Department via first class mail, postage prepaid.
Adjustment Order is served upon the permit holder. 105.6.4 Appeal from Action. The permit holder may
The revocation may be appealed to the District of request a hearing by the Office of Administrative Hearings
Columbia Court of Appeals pursuant to Section 11 of or the Board of Zoning Adjustment as provided below.
An Act To prescribe administrative procedures for the
District of Columbia Government, approved October 105.6.4.1 Office of Administrative Hearings. The
21, 1968 [82 Stat. 1209; D.C. Official Code § 2-510 permit holder may appeal a notice of revocation to the
(2012 Repl.)]. Office of Administrative Hearings (OAH) no later than
10 business days after service of written notice of the
105.6.2 Notice of Revocation. Except as provided in Sec- revocation upon the permit holder, pursuant to Chapter
tion 105.6.1.1, the permit holder shall be provided, pursu- 18A of Title 2 of the D.C. Official Code [D.C. Official
ant to Section 105.6.3, written notice of the code official’s Code § 2-1801.01 et seq. (2012 Repl.)] and any regula-
order to revoke the permit. This notice shall include the tions promulgated thereunder. The appeal shall specify
following: that the Construction Codes or the rules legally adopted
1. A copy of the written order; thereunder have been incorrectly interpreted or applied

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ADMINISTRATION AND ENFORCEMENT

by the code official, that the provisions of the Construc- four sets, or an electronic submission, of drawings and one
tion Codes do not fully apply, or that an equally good set of all other supporting documents unless otherwise speci-
or better form of construction can be used. OAH shall fied below. Notwithstanding the foregoing, all submittal doc-
have no authority to waive requirements of the Con- uments, the permit application and all other supporting
struction Codes. documents shall be submitted electronically, based on the fol-
105.6.4.2 Board of Zoning Adjustment. To the extent lowing schedule:
that a revocation is based in whole or in part upon a 1. Projects of 100,000 square feet or more: June 28, 2014.
violation of the Zoning Regulations, any appeal of the
2. Projects of 75,000 square feet and up to, but less than,
zoning-based ground shall be heard by the Board of 100,000 square feet: September 28, 2014.
Zoning Adjustment in accordance with Section 8 of An
Act Providing for the zoning of the District of Colum- 3. Projects of 50,000 square feet and up to, but less than,
bia and the regulation of the location, height, bulk and 75,000 square feet: December 28, 2014.
uses of buildings and other structures and the uses of 4. Projects of less than 50,000 square feet, with the excep-
land in the District of Columbia, and for other pur- tion of projects exempted from seal requirements by
poses, approved June 20, 1938, as amended, [52 Stat. Section 105.3.10.1: March 28, 2015.
799; D.C. Official Code § 6-641.07 (2012 Repl.)] and
Chapter 32 of the Zoning Regulations (11 DCMR). The The code official is authorized to modify the requirements
appeal shall be filed no later than 60 days after service for submittal documents when the application for permit is
of written notice of the revocation upon the permit for alteration or repair or when otherwise warranted.
holder, pursuant to D.C. Official Code § 6-641.09 Exception: The code official is authorized to accept and
(2012 Repl.), and the Zoning Regulations. The permit process permit applications without submissions of con-
holder shall specify the provisions of the Zoning Regu- struction documents and other supporting data not
lations on which the appeal is based. required to be prepared by a registered design profes-
105.6.4.3 Expedited Hearings. When a summary sional, where the code official finds that the nature of the
revocation is ordered under Item 3 of Section 105.6 of work applied for is such that review of construction docu-
this chapter, the permit holder may request an expe- ments is not necessary to obtain compliance with the Con-
dited hearing from OAH within 72 hours (excluding struction Codes.
Saturdays, Sundays, and legal holidays) of service of 106.1.1 Architectural and Engineering Details. The
notice pursuant to Section 105.6.3, to review the rea- code official shall require adequate details of structural,
sonableness of the revocation order. At this hearing, the accessibility, fire protection, electrical, fuel gas, mechani-
code official shall have the burden of establishing a cal, plumbing, energy conservation, and green building
prima facie case of immediate or serious and continu- provisions to be filed, including computations, stress dia-
ing endangerment. The OAH may not stay the code grams, sound transmission details and other technical data
official’s decision to revoke a permit under Item 3 of essential to assess compliance with the Construction
Section 105.6 pending the final resolution of the hear- Codes, as further specified in this Section 106.
ing.
106.1.1.1 Shop Drawings. Before construction or
105.7 Posting of Fines. Where civil infraction citations have installation of the elements and systems listed below,
been issued to an applicant for a building permit for illegal the code official is authorized to require submission of
construction under Section 113.7, all applicable fine amounts shop drawings bearing the review stamp of the engineer
must be posted with the Treasurer of the District of Columbia of record, and bearing the seal and signature of the reg-
by the applicant, prior to the issuance of any permit. Upon istered design professional who designed the system.
adjudication of said civil infraction citations, any fines or When required, four sets of shop drawings shall be sub-
penalties not assessed to the applicant will be refunded. mitted, or an electronic submission; provided, shop
drawings shall be submitted electronically where the
project is subject to the mandatory electronic submis-
SECTION 106 sion requirements in Section 106.1.
SUBMITTAL DOCUMENTS
1. Structural steel and steel trusses, with connec-
106.1 General. Submittal documents shall consist of con- tion details.
struction documents (as specified in this Section 106 or as
may be required by the code official), a statement of special 2. Open web steel joists.
inspections, a geotechnical report and other data. The con- 3. Precast and prestressed concrete.
struction documents shall be prepared by a registered design
professional where required by the Construction Codes. 4. Post tensioning.
Where special conditions exist, the code official is authorized 5. Space frames.
to require additional construction documents to be prepared
6. Strong backs.
by a registered design professional.
Where one or more submittal documents are required 7. Curtain wall.
based on the permit(s) applied for, submittal documents shall 8. Structural wood trusses, beams, girders, and
be submitted with the permit application and shall include columns.

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ADMINISTRATION AND ENFORCEMENT

9. Concrete mixes. wall cavities and intersections with floor assemblies, as


10. Structural, electrical, and mechanical loads applicable.
related to new construction installations of ele- 106.1.4 Structural Documents. Before a permit is issued
vators, escalators and other conveying systems and before work can begin, structural documents shall be
including, but not limited to, accessibility lifts. submitted in accordance with Section 1603 of the Building
11. Pre-engineered elements. Code, showing the complete design, with sizes, sections,
and relative locations of various structural members, floor
12. Suspended plaster ceiling systems. elevations, column, or bearing wall centers, and beam or
13. Underpinning. joint sizes and spacings. Documents shall be drawn to
scale large enough to convey the information adequately.
14. Sheeting and shoring. The code official shall have the right to require that the
15. Formwork. structural computations for the structure be submitted for
16. Automatic fire suppression systems. review.
17. Fire alarm systems. 106.1.4.1 Certification of Structural Design. When
the structural plans have been prepared by a profes-
18. Smoke control systems sional engineer registered in the District of Columbia,
19. Commercial kitchen hood suppression systems. practicing in the field of structural engineering, the
applicant shall have the option to submit with such
20. Flammable and combustible liquid storage
plans a certificate, duly executed by such structural
tanks.
engineer on a form provided by the code official, that
21. All installations, modernizations or alterations the structural portion of the plans complies with the
of elevators and conveying systems. structural requirements of the Construction Codes. The
Exception for Items 16, 17, and 19: When code official is authorized to accept the structural por-
approved by the code official, shop drawings are not tions of the plans thus certified, at the code official’s
required to bear the seal and signature of the regis- discretion. Each sheet of each set of plans certified
tered design professional who designed the system under this section shall bear the seal and signature of
when the following conditions are met: the certifying engineer, under the following statement:
“Structural plans certified as provided in Section
1. Automatic fire suppression systems shop 106.1.4.1 of the D.C. Construction Codes.”
drawings are permitted to bear the stamp and
signature of a National Institute for Certifi- 106.1.4.2 Nonstructural Review. The provisions of
cation in Engineering Technology (NICET) Section 106.1.4.1 shall not relieve the code official
Level III Technician certified in Automatic from determining that the design, erection or alteration
Sprinkler System Layout or Special Hazards of such building or other structure complies with other
Suppression Systems. applicable requirements of the Construction Codes and
other regulations.
2. Fire alarm shop drawings are permitted to
bear the stamp and signature of a NICET 106.1.5 Fire Protection Documents. The applicant shall
Level III Technician certified in Fire Alarm provide plans and schedules of sufficient detail showing
Systems. the applicable features and characteristics of all fire pro-
tection systems components for any system required by
106.1.2 Means of Egress. The construction documents the Construction Codes or otherwise proposed to be
shall show in sufficient detail the location, construction, installed. The construction documents shall show the loca-
size and character of all portions of the means of egress, tion and type of all fire alarm devices, fire alarm control
including the path of the exit discharge to the public way, equipment and panels, fire alarm primary and backup
in compliance with the provisions of the Construction power sources. Construction plans containing fire protec-
Codes. In occupancies other than Group R-2, R-3 and I-1 tion systems data shall be drawn to a scale of not less than
occupancies, the construction documents shall designate 1
/8 inch to the foot (10 mm/m). The construction docu-
the number of occupants to be accommodated on every ments shall include sufficient information and detail to
floor and in all rooms and occupiable spaces. adequately describe the elements of any smoke control
106.1.3 Exterior Envelope. The construction documents systems including equipment location and engineering
for all buildings shall describe the exterior wall envelope, needs as required by the Construction Codes. The con-
roof envelope and building thermal envelope in sufficient struction documents shall show the standpipes and auto-
detail to determine compliance with the Construction matic sprinkler system infrastructure, including the
Codes. The construction documents shall provide details location, size and type of risers, valves, flow and pressure
of the exterior wall and roof envelope as required, includ- sensors, Siamese connections, fire pump, jockey pump,
ing materials, flashing, intersections with dissimilar mate- pump controllers, pump test pipes and other appurtenances
rials, corners, end details, control joints, intersections at of the system, as applicable. The type of sprinkler system
roof, eaves or parapets, means of drainage, water-resistive and areas and openings requiring special coverage shall be
membrane, details around openings, fire-resistive con- so noted on the construction documents. The construction
struction and fire-resistive protection of wall openings, documents shall show details of other fire suppression sys-

2013 DISTRICT OF COLUMBIA BUILDING CODE 23


ADMINISTRATION AND ENFORCEMENT

tems, including gaseous and kitchen hood systems. The Codes, shall be shown on the electrical plans for the fol-
construction documents shall show capacities and loads of lowing purposes:
the means of egress, maximum travel distances at every 1. Places of public assembly and education and con-
floor, remoteness between exits, fire resistance rating of trol of emergency lighting systems in accordance
structural members, floors and walls enclosing means of with Section 1006 and hazardous uses require-
egress, rating of fire doors and fire dampers, fire stop pen- ments in Chapter 4 of the Building Code.
etration details at rated wall and floor assemblies, location
and type of exit signs and emergency lighting. Construc- 2. Stairway and exit illumination in accordance with
tion documents for work in part of an existing building Section 1205 and Section 1006 of the Building
shall include a scoping document listing all floors of the Code, “Exit” sign lighting circuits in accordance
building and the extent to which each floor is protected with Section 1011 of the Building Code, and eleva-
with an automatic fire suppression system. tor car illumination in accordance with Chapter 30
of the Building Code.
106.1.6 Elevator and Other Conveying Systems Docu-
ments. The applicant shall provide plans and schedules of 3. Electrical equipment and control of heating, refrig-
sufficient detail showing the applicable features and char- erating and ventilating machinery and devices in
acteristics of all conveying systems components for any accordance with the Mechanical Code.
system required by the Construction Codes or otherwise 4. Fire protective signaling systems, automatic fire
proposed to be installed. These plans and schedules shall detection systems, fire department communica-
be drawn to a scale of not less than 1/8 inch to the foot (10 tions and supervisory services in accordance with
mm/m). The construction documents shall clearly show: Sections 901.6 through 901.6.3 of the Building
Code and Section 907 of the Building Code.
1. The location, overall dimensions and type of all ver-
tical transportation systems; 5. Wiring of signs in accordance with 13 DCMR, and
telecommunication and broadcast towers in accor-
2. The location and type of elevator lobby smoke dance with Section 3108 of the Building Code.
detectors, other smoke detectors for elevator recall,
as well as other fire alarm and fire suppression 6. Power control electric operation and circuit wiring
devices proposed to be installed in elevator machine of elevators, escalators and other conveying sys-
rooms, elevator pits and top of elevator hoistways tems in accordance with Chapter 30 of the Building
and shall include a sequence of elevator operation in Code.
emergency mode when such fire detection equip- 7. Illumination of spaces intended for human occu-
ment is activated; pancy in accordance with Section 1205 of the
Building Code.
3. The primary and backup power sources for the ele-
vator equipment and shall define the primary and 8. Backup emergency and standby power systems.
secondary levels of elevator recall; 9. Lighting intensity levels along all required paths of
4. Clearances at top and bottom of hoistway and at ele- egress.
vator equipment spaces, minimum interior dimen- 10. All fire stop penetration details at rated wall and
sions of cabs, provisions for access to elevator pits, floor assemblies.
provisions for drainage of elevator pits, provisions 106.1.7.1 Exemptions. Electrical plans shall not be
for illumination and electric power in elevator required for the following:
machine rooms, elevator hoistways, elevator pits
and elevator equipment spaces shall be shown on the 1. Any work exempted from the building permit
construction documents, as applicable; and requirement in accordance with Section 105.2.
2. Repair or replacement in kind of electrical equip-
5. The location of provisions for emergency disconnect
ment.
of elevator power in elevator pits, elevator machine
rooms and elevator equipment spaces, and shall 3. Work involving only structures without equip-
show the location of sprinkler valves and sprinkler ment regulated by the Electrical Code, such as
flow sensors for systems serving elevator machine open sheds for storage purposes, detached private
rooms and hoistways, as required. garages and other similar spaces not required by
the Construction Codes to be provided with elec-
106.1.7 Electrical Documents. The applicant shall pro- tric current.
vide plans and schedules of sufficient detail and clarity
showing the location and capacity of all lighting facilities, 4. Temporary sanitary installations required for
electrically operated equipment and electrical circuits construction operations.
required for all service equipment of the building or other 106.1.8 Fuel Gas Documents. The applicant shall provide
structure. These plans and schedules shall be drawn to a construction documents, engineering calculations, dia-
scale of not less than 1/8 inch to the foot (10 mm/m). All grams and other data, which shall be of sufficient clarity to
electrically controlled devices, including signal, communi- indicate the location, nature and extent of the fuel gas
cating and lighting systems and associated wiring, wher- work proposed and show in detail that the work conforms
ever required under the provisions of the Construction to the provisions of the Construction Codes. These docu-

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ADMINISTRATION AND ENFORCEMENT

ments shall be drawn to a scale of not less than 1/8 inch to 106.1.10.2 Public Water Main. Where the installation
the foot (10 mm/m). Construction documents shall indi- of a water distribution system or the replacement or
cate where penetrations will be made for installations and alteration of an existing water supply system is contem-
shall indicate fire stop penetration details at rated wall and plated, the plumbing plans shall show the location and
floor assemblies. size of all water lines and branches involved all fixtures
106.1.9 Mechanical Documents. The applicant shall pro- or other devices to be supplied, and the minimum water
vide diagrammatic mechanical equipment or system and pressure in the main in front of the building or other
mechanical plans, which shall show the location and structure. A water and sewer Certificate of Approval,
arrangement of the mechanical equipment, fuel systems, issued by DC Water, shall be provided with the plumb-
ductwork and appurtenances, including safety and pres- ing plans for every project where DC Water is
sure-controlling devices. The plans shall be drawn to a requested to furnish new water or sewer service con-
scale of not less than 1/8 inch to the foot (10 mm/m). The nections.
plans shall show in sufficient detail the relevant features 106.1.10.3 Exemptions. Plumbing plans shall not be
and clearances of the appliances and systems, including: required for the following:
fire stop penetration details at rated wall and floor assem- 1. Any work exempted from building permit
blies, and size and type of apparatus; construction of flue, requirement in accordance with Section 105.2.
stack or chimney; stack connections; type of fuel; method
of operation; and the method of compliance with all the 2. Repair or replacement in kind of plumbing fix-
applicable regulations for the class and type of equipment tures.
installed. 3. Work involving only structures without plumb-
106.1.9.1 Exemptions. Mechanical plans shall not be ing fixtures, such as open sheds for storage pur-
required for the following: poses, detached private garages and temporary
installations for exhibition purposes where not
1. Any work exempted from building permit designed for sanitary use and not directly con-
requirement in accordance with Section 105.2. nected to a sewage system.
2. Repair or replacement in kind of mechanical 4. Temporary sanitary installations required for
equipment. construction operations where not designed to be
3. Work involving only structures without equip- directly connected to the public sewer system.
ment regulated by the Mechanical Code, such as 106.1.11 Energy Conservation Documents. The appli-
open sheds for storage purposes, detached private cant shall provide plans and schedules of sufficient clarity
garages and other similar spaces not required by to indicate the location, nature and extent of the work pro-
the Construction Codes to be heated. posed and show in sufficient detail pertinent data and fea-
106.1.10 Plumbing Documents. The applicant shall pro- tures of the building and the equipment and systems as
vide plans of each floor and of a typical floor showing the herein governed, including, but not limited to:
complete plumbing system layout, all plumbing fixtures, 1. Design criteria, exterior envelope component
total Drainage Fixture Unit (DFU) values, the water sup- materials, insulation materials and their R-values;
ply piping layout, together with building sections showing
vertical and diagrammatic elevations of the soil, waste, 2. Fenestration U-factors and SHGCs;
vent and water supply lines with traps and valves, and the 3. Area-weighted U-factor and SHGC calculations;
location and size of the public sewer or other disposal sys- mechanical system design criteria;
tem. These plans shall be drawn to a scale of not less than
1
/8 inch to the foot (10 mm/m). The plumbing plans shall 4. Mechanical and service water heating system and
show in sufficient detail: the layout and spacing of fix- equipment types, sizes and efficiencies;
tures; the size, material and location of the building and 5. Economizer description; equipment and system
storm sewers and drains; and the soil, waste, vent and controls;
water supply piping and the method or equipment pro- 6. Fan motor horsepower (hp) and controls;
posed to prevent cross contamination, backflow and fire
stop penetration details at rated wall and floor assemblies. 7. Duct sealing, duct and pipe insulation and location;
106.1.10.1 Public Sewer. Plans for new plumbing or 8. Lighting fixture schedule with wattage and control
alterations to existing plumbing systems shall be narrative;
accompanied by a diagram showing the relative eleva- 9. Air sealing details; and
tion of the lowest fixture and the top of the public sewer
referred to in the established datum of DC Water. The 10. Other pertinent data to indicate compliance with
plans shall show the size, number and location of all the requirements of the Energy Conservation Code
new sewer connections. A water and sewer Certificate and relevant laws, ordinances, rules and regula-
of Approval issued by DC Water shall be provided with tions, as determined by the code official.
the plumbing plans for every project where DC Water These plans and schedules shall be drawn to a scale of not
is requested to furnish new water or sewer service con- less than 1/8 inch to the foot (10 mm/m) upon suitable
nections. material. The submittal documents and designs submitted

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under the provisions of Chapter 4 of the Energy Conserva- 106.1.12.1 Zoning Data on Building Plat. For the pur-
tion Code shall be prepared by a registered design profes- pose of zoning compliance review, the following data
sional. shall be provided on the building plat required by Sec-
tion 106.1.12, as applicable, in addition to the informa-
Exception: For residential buildings having a condi-
tion required by Section 106.1.12.1:
tioned floor area of 5,000 square feet (465 m2) or less,
designs submitted under the provisions of Chapter 4 of 1. The number, size, shape and location of all open
the Energy Conservation Code shall be prepared by parking spaces, open loading berths, and
anyone having qualifications acceptable to the code approaches to all parking and loading facilities.
official. 2. Other information necessary to determine com-
106.1.11.1 Deemed to Comply. Use of the appropriate pliance with the Zoning Regulations.
REScheck and COMcheck tools, which are available 106.1.13 Official Building Plat. The applicant shall pro-
online from the U.S. Department of Energy, are an vide an official building plat issued by the D.C. Office of
acceptable method to comply with the residential and/ the Surveyor, in duplicate or by electronic submission,
or commercial requirements of the Energy Conserva- with applications for permit involving any of the follow-
tion Code. ing:
106.1.12 Zoning Compliance Review Data. The appli- 1. Erection of a new building or other structure.
cant shall provide to the Zoning Division of the Depart-
ment plans showing orientation of the property as to 2. Addition to an existing building.
North, drawn to a scale indicated numerically as well as 3. Permanent construction higher than 48 inches (1219
depicted graphically, and the following: mm) above grade, outside the footprint of existing
1. The shape, dimensions and topography of the lot to buildings.
be built upon, in sufficient detail to allow determina- 4. Construction or alteration of projections into public
tion of heights above existing and proposed finished space.
grade of all proposed structures, so as to allow 5. Erection of retaining walls higher than 48 inches
determination of compliance with pertinent height (1219 mm).
limitations of the Zoning Regulations.
6. Establishment of a new parking lot, regardless of the
2. The width of all public streets and public rights-of- amount of work involved.
way contiguous to the lot, with elevations at measur-
ing points along them sufficient to determine com- 106.1.13.1 Plat Information. The applicant shall show
pliance with the An Act To regulate the height of upon the building plat, completely dimensioned and
buildings in the District of Columbia, approved June drawn in ink to the same scale as the plat, the outline of
1, 1910, as amended, [36 Stat. 452; D.C. Official all buildings, additions, or other structures existing and
Code § 6-601.05 (2012 Repl.)]. to be constructed. The accuracy of the representation of
the location of the structures on the plat shall be self-
3. The shape and location in plan of all existing and certified by the owner or authorized agent for the owner
proposed structures, fully dimensioned, including of the lot of record or parcel of land, who shall sign a
orientation and distances to lot lines so as to define certificate in a form prescribed by the code official,
without ambiguity the dimensions and location of printed on the building plat.
said structures.
106.1.14 Location of Water and Sewer Mains. When
4. The elevations of all existing and proposed struc- relevant to the scope of work, the permit applicant shall
tures fully dimensioned so as to define without secure from DC Water the location and other necessary
ambiguity the dimensions of said structures. details regarding water and sewer mains to serve the prem-
5. The parking and loading plans and the basis for ises to be permitted and shall submit this information with
computation of the facilities shown on those plans. the permit application to the code official.
6. A Zoning Data Summary of the project including, as 106.1.15 Green Building Documents. The applicant shall
applicable, at least the following data: lot width, provide plans and supporting documents in sufficient
area of the lot, percentage of lot occupancy, height detail and clarity to show compliance with the relevant
of the structure and the location and elevation of the green building construction practices as required by the
height measurement reference points, gross floor Green Construction Code or an alternative compliance
area for each floor level, area of basement, area of path selected pursuant to Section 101.4.9.4, and with any
cellar, proposed Floor Area Ratio, areas dedicated to green building submittal requirements specified by the
each use, width of any proposed side yard, rear yard code official as set forth in the Department’s Administra-
or court, number of standard and compact parking tive Bulletins.
spaces and dimensions of loading berths and deliv- 106.2 Site Plan. The applicant shall provide a site plan,
ery loading spaces. whenever the application for permit involves any of the fol-
7. Other information necessary to determine compli- lowing:
ance with the Zoning Regulations. 1. Erection of a new building or other structure.

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ADMINISTRATION AND ENFORCEMENT

2. Addition to an existing building. annotated on the plans and shall be incorporated into and
deemed a condition of the permit.
3. Permanent construction outside the footprint of exist-
ing buildings. 106.3.2 Special Inspections. Where special inspections
are required by Chapter 17 of the Building Code, the
4. Construction or alteration of projections into public
owner shall name the individual or firms who are to per-
space.
form such special inspections. The stages of construction
5. Erection of retaining walls. at which special inspections are to occur shall be estab-
lished by the Special Inspections Program Procedural
6. A major substantial improvement activity (as defined
Manual (“Special Inspections Program Procedural Man-
by 21 DCMR, Chapter 5) or a land-disturbing activity
ual”) published by the Department (July 2012 edition, as
regulated by 21 DCMR, Chapter 5.
may be amended from time to time by the Department).
7. Demolition or razing of existing structures or build- Special inspections shall be made in accordance with Sec-
ings. tion 109.3.13 and Chapter 17 of the Building Code.
8. Installation or replacement of underground utility ser- 106.3.2.1 Building Permit Requirement. The special
vice connections. inspection requirement of Section 106.3.1 shall be
determined prior to the issuance of the building permit
9. Installation or replacement of site drainage systems.
and shall be a requisite for the permit issuance as
10. Path of the exit discharge to the public way. described in Section 1704.1. A statement of special
inspections, completed by the registered design profes-
11. Construction in whole or in part in a Special Flood
sional in charge, shall accompany each application
Hazard Area as established in Section 1612.3 of the
where special inspections are required.
Building Code.
106.4 Amended Submittal Documents. All work shall con-
The code official shall be authorized to establish minimum
form to the approved application and plans for which the per-
requirements for submittal of site plans and maximum overall
mit has been issued and any approved amendments to them.
size of plans acceptable for review. These limits shall also
Any changes made during construction which deviate sub-
apply to zoning compliance review plans submitted pursuant
stantively from the approved plans shall be resubmitted for
to Section 106.1.12.
approval, in accordance with Section 105.3.3.
106.2.1 Site Plan Information. The applicant shall show 106.5 Department Records. The code official shall keep
upon the site plan, completely dimensioned and drawn to a official records of applications received, permits and certifi-
scale indicated numerically and graphically, the site, its cates issued, fees collected, reports of inspections, and
orientation to North and, as applicable: location of all notices and orders issued. Such records, including one set of
existing and new construction on the site; distances from approved submittal documents, shall be retained in the offi-
property lines; established street grades, proposed finished cial records so long as the building or other structure to
grades, features required to comply with 21 DCMR, Chap- which they relate remains in existence, unless otherwise pro-
ter 5; location of utility service lines and connections vided for by statute, rule or regulation.
thereto (with dimensions and all appurtenant features of
such connections); and flood hazard areas, floodways and 106.6 Form of Covenants and Agreements. All covenants
design flood elevations. For raze or demolition, the site and agreements required by the Construction Codes or
plan shall identify the structures or portions thereof to be drafted in connection therewith shall require approval as to
demolished and the location and size of all existing struc- form and legal sufficiency by the Office of the Attorney Gen-
tures and construction that are to remain on the site. eral for the District of Columbia (OAG). A copy of such cov-
enant or agreement as approved by OAG shall be filed and
106.2.1.1 Design Flood Elevations. Where design recorded in the Office of the Recorder of Deeds by and at the
flood elevations are not specified, they shall be estab- expense of the owner before issuance of any related permits
lished in accordance with Section 1612.3.1 of the or certificates of occupancy, and one copy of the covenant or
Building Code. agreement, duly noted, shall be filed with the code official.
106.3 Examination of Documents. The code official shall The owner will cause any lien or interest, recorded prior to
examine or cause to be examined the submittal documents the covenant, to be subordinated to the covenant.
accompanying building permit applications, pursuant to Sec-
106.6.1 Vault Agreement. Before issuance of a permit for
tion 105.3.1.
the use or construction of a vault in public space, the
106.3.1 Review by Other Agencies. Permit applicants owner of the abutting private property shall execute an
shall be responsible for obtaining approvals from other agreement, in the form prescribed by the District,
reviewing agencies, including, but not limited to, the His- acknowledging for the owner and owner’s heirs and
toric Preservation Office and the District Department of assigns that: (1) no right, title, or interest of the public is
the Environment. If deficiencies in the plans or other sup- thereby acquired, waived, or abridged; (2) the Mayor may
porting documents are discovered during these reviews, inspect such vault during regular business hours; (3) the
the other reviewing agencies may give the applicant an Mayor may introduce, or authorize the introduction, into
opportunity to correct the deficiencies. Any restrictions or or through such vault, with right of entry for inspection,
conditions imposed by other reviewing agencies may be maintenance, and repair, any water pipe, gas pipe, sewer,

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ADMINISTRATION AND ENFORCEMENT

conduit, other pipe, or other public utility underground The certified copy of the binding pledge shall be presented
construction which the Mayor deems necessary in the pub- prior to the issuance of the first certificate of occupancy in
lic interest to place in or by the District, at the expense of a story above grade plane in the project. The owner will
such owner, to conform with any change made in the cause any lien or interest, recorded prior to the recording
street, roadway, or sidewalk width or grade; (4) rental for of the binding pledge, to be subordinated to the binding
such vault will be paid to the District as required by the pledge.
District of Columbia Public Space Rental Act, approved 106.6.6 Covenants for Water or Sewer Utility Service.
October 17, 1968 [82 Stat. 1156; D.C. Official Code § 10- A covenant shall be required before a permit shall be
1101.01 et seq. (2012 Repl.)]; and (5) the owner will issued to install water or sewer utility services to a lot
release and relinquish the vault space, and remove, free of from an adjacent lot, or to extend such services to a lot or
expense to the District of Columbia, all structural parts of premises from a building, as approved pursuant to Section
the vault when so ordered by the code official. 301.3.1 of the Plumbing Code.
106.6.2 Covenants for Openings on Property Lines. A 106.6.7 Master Service or Master Meter Covenants for
covenant running with the land, in a form prescribed by Master Service or Master Metering. No covenant in
the District of Columbia, shall be required before issuance connection with Articles 230.2 and 230.3 of the Electrical
of a final certificate of occupancy for the building where Code shall be approved in order to provide master service
openings in exterior walls closer than 5 feet (1524 mm) to more than one building on a single lot, or to buildings
from interior lot lines are allowed pursuant to Sections on different lots in the same square, unless in accordance
705.8.7 through 705.8.7.7. The covenant shall ensure that with Section 106.6. Such covenant shall be required prior
compliance with the minimum requirements of those sec- to issuance of a permit.
tions will be maintained for as long as the building shall
exist, and shall ensure that responsibility for the mainte- 106.6.8 Covenants for Stormwater Management. A
nance of those conditions will be conveyed to any future covenant running with the land and each applicable ease-
owner of the building. ment shall be required before a permit is issued for a major
land-disturbing activity or a major substantial improve-
106.6.3 Covenants for Private Fire Hydrants. No permit ment activity (as defined by 21 DCMR, Chapter 5) regu-
or related plan that authorized installation of a private fire lated by 21 DCMR, Chapter 5.
hydrant shall be approved without an agreement in the
form prescribed by the District of Columbia and recorded
in the land records of the District of Columbia, establish- SECTION 107
ing the entity or person, and successors thereof, responsi- TEMPORARY STRUCTURES AND USES
ble for maintenance, repair and replacement of the private
107.1 General. The code official is authorized to issue a per-
fire hydrant in perpetuity.
mit for temporary structures and temporary uses. Such per-
106.6.4 Covenants for Modifications of Projection mits shall be limited as to time of service, but shall not be
Requirements. No permit or related plan shall be permitted for more than 180 days. The code official is autho-
approved for a modification of projection requirements rized to grant extensions for demonstrated cause.
pursuant to Section 3202.4 without an agreement in the 107.2 Conformance. Temporary structures and uses shall
form prescribed by the District of Columbia and recorded conform to the structural strength, fire safety, means of
in the land records of the District of Columbia establish- egress, accessibility, light, ventilation and sanitary require-
ing, by covenant running with the land for such period as ments of the Construction Codes as necessary to ensure pub-
the projection shall exist, such limitations and conditions lic health, safety and general welfare.
as shall be imposed by the code official, which shall
include but not be limited to agreement to save harmless 107.3 Temporary Power. The code official is authorized to
the District of Columbia, its officers and agents, from lia- give permission to temporarily supply and use power in part
bility by virtue of the grant of authority to construct said of an electric installation before such installation has been
projection, and agreement to landscape or otherwise treat, fully completed and the final certificate of completion has
to the satisfaction of the code official, and thereafter to been issued. The part covered by the temporary certificate
maintain the area upon which the covenantor has forborne shall comply with the requirements specified for temporary
to build. lighting, heat or power in the Electrical Code.
106.6.5 Covenants for Green Building Act Binding 107.4 Termination of Approval. The code official is hereby
Pledge. Where the applicant has elected to submit a bind- authorized to terminate such permit for a temporary structure
ing pledge as provided in Section 302.6.2.4 of the Green or use and to order the temporary structure or use to be razed,
Construction Code as security for compliance with the removed or discontinued, as applicable.
provisions of Section 302.3.2 or Section 302.3.3 of the
Green Construction Code, the applicant shall present to
the code official a certified copy of the binding pledge, in a SECTION 108
form approved by the Office of the Attorney General, evi- FEES
dencing due recordation of the binding pledge among the 108.1 Payment of Fees. A permit shall not be issued until all
land records of the Office of the Recorder of Deeds of the fees have been paid to the Department or other authorized
District of Columbia at no cost to the District of Columbia. agency, nor shall an amendment to a permit requiring an

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ADMINISTRATION AND ENFORCEMENT

additional fee be issued until the additional fee shall have 108.5 Related Fees. The payment of the building permit fee,
been paid. as prescribed in Section 108.2, shall not relieve the applicant
or holder of the permit from the payment of other fees that are
108.1.2 Accounting. The code official shall keep an accu-
prescribed by law, including, but not limited to fees for: water
rate account of all fees collected, and such collected fees
taps or sewer connections; temporary use of public space;
shall be deposited with the D.C. Treasurer, or otherwise
trade permits; special inspections; special permits issued in
deposited of as required by law.
connection with or concurrently with a building permit, such
108.2 Schedule of Permit Fees. The building permit fees for as sign, projection, awning, demolition, razing, or excavation
plans examination, permit processing, inspections and related permits; plan revisions and amendment of permits; certifi-
services shall be as prescribed in Section 108.2.1 and the cates of use and occupancy; or any other privileges, services
code official is authorized to establish by approved rules a or requirements, allowed or prescribed by the Construction
schedule of unit rates for buildings and other structures and Codes or other regulations, both within and without the juris-
for the installation of their appurtenant systems, fixtures, diction of the Department.
appliances and equipment. 108.6 Refunds. In the case of a revocation of a permit or of
108.2.1 Fee Schedule. A fee for each plan examination, abandonment or discontinuance of a building project, upon
permit and inspections shall be paid in accordance with the written request made by the permit holder before the permit
applicable fee schedule published in the D.C. Register, as expires, the portion of the work actually completed shall be
amended from time to time. computed and any excess fee for the incomplete work shall
be returned to the permit holder as soon as practicable after
108.2.1.1 Application Filing Deposit for New Con- written request is made. All plan examination and permit pro-
struction and Alterations. All applications filed for cessing fees, all fees for inspections actually performed, and
new construction or alterations must be accompanied all penalties that have been imposed on the permit holder
by a portion of the permit fee in the amount of 50 per- under the requirements of the Construction Codes shall be
cent of the assessed permit fee based on the estimated withheld first. Refunds may not be granted for permits issued
cost of construction; provided, that the required deposit after six months.
shall not exceed twenty thousand dollars ($20,000).
108.6.1 Revocation Due to Administrative Error. If the
108.3 Building Permit Valuations. The applicant for a permit is declared null and void due to an administrative
building permit shall provide an estimated permit value at or clerical error pursuant to Section 105.6.1.1 Item 2, the
time of application. Building permit valuations shall be based filing fee shall be refunded unless the applicant elects to
upon total value of materials and labor for which the building continue processing of the original application or the
permit is being issued, including electrical, gas, mechanical, administrative or clerical error resulted from a false state-
plumbing equipment and permanent systems. The total value ment or misrepresentation of fact by the applicant or other
shall not include architectural, engineering, and other associ- applicant misconduct.
ated professional costs. If, in the opinion of the code official,
the valuation is underestimated on the application, the permit 108.7 Waiver of Fees. No person or entity shall be entitled to
shall be withheld, unless the applicant can show detailed esti- a waiver of fees, except as set forth in the License Fees and
mates to meet the approval of the code official. Final building Charges Act of 1976, effective September 14, 1976 [D.C.
permit valuation shall be set by the code official. Proof of val- Law 1-82; D.C. Official Code § 47-2712 (2012 Repl.)].
uation can be made in any of the following forms:
1. A fully executed construction contract. SECTION 109
2. A formal contractor’s estimate. INSPECTIONS
109.1 General. Construction or work for which a permit is
3. When a deferred method of determining construction
required shall be subject to inspection by the code official and
cost is submitted, the code official is authorized to
such construction or work shall remain accessible and
request from the applicant a certified contractor’s cer-
exposed for inspection purposes until approved. It shall be
tificate of payment showing the actual cost of construc-
the duty of the permit holder to cause the work to remain
tion and the code official is authorized to adjust the
accessible and exposed for inspection purposes. Approval as
building permit fee to reflect the actual cost of con-
a result of an inspection shall not be construed to be an
struction prior to issuing a certificate of occupancy.
approval of a violation of the provisions of the Construction
4. A construction estimate for repairs and alterations in Codes or of other laws or regulations of the District of
Group R-3 and structures under the jurisdiction of the Columbia. Regardless of whether the code official inspects
Residential Code. the construction or work, it is the responsibility of the permit
108.4 Work Commencing Before Permit Issuance. Any holder and the individual or entity doing the work to comply
person who commences any work on a building, other struc- with all applicable provisions of the Construction Codes. The
ture, gas, electrical, mechanical or plumbing system before permit holder shall be liable for expense entailed in the
obtaining the necessary permits shall be subject to an addi- removal or replacement of any material required to allow
tional fee established in the official fee schedule that shall be inspection.
in addition to the required permit fees and any fines that may 109.1.1 Preliminary Inspection. Before issuing a permit,
have been levied. the code official shall, if deemed necessary, examine or

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ADMINISTRATION AND ENFORCEMENT

cause to be examined all premises, buildings, and other ted to the Department. The wall report shall confirm
structures for which a permit application has been filed. that the location and elevation of the building or other
structure conform to the approved plans and the provi-
109.2 Required Inspections and Testing. The permit holder
sions of the Construction Codes and other applicable
shall be responsible for notifying the code official when the
District of Columbia regulations.
stages of construction are reached that require any inspection
under Section 109 and for other critical items as directed by 109.3.1.3 Foundation Inspection. Foundation inspec-
the code official. The code official upon notification shall tion is required prior to backfill for inspection of foot-
make the inspections specified in this Section 109 and such ings, sheeting and shoring, waterproofing, insulation,
other inspections as necessary, and shall either approve that and location of walls and columns with respect to foot-
portion of the construction or shall notify the permit holder of ings, crawl space or basement foundation walls, piles
any violations that shall be corrected. The code official shall and piers.
not be responsible for conducting inspections unless appro- 109.3.1.4 Concrete Slab or Under-floor Inspection.
priately notified. It shall be the duty of the person requesting Concrete slab and under-floor inspections are required
any inspections required by the Construction Codes to pro- after in-slab or under-floor reinforcing steel is in place
vide access to and means for inspection of such work. to verify reinforcement size, spacing, concrete cover,
109.2.1 Inspection Record Card. Work requiring a per- splicing, vapor barrier, mesh and insulation. For slab-
mit shall not be commenced until the permit holder or an on-grade foundations, any required forms shall be in
agent of the permit holder has posted or otherwise made place prior to inspection.
available the inspection record card issued by the code 109.3.1.5 Floodplain Certificate. For any project
official. The inspection record card shall be maintained located in a Special Flood Hazard Area, inspection is
available by the permit holder on the job site until final required upon placement of the lowest floor, including
approval has been granted by the code official. basement, and prior to further vertical construction.
109.3 Types of Inspections. After issuing a building permit, The code official shall require submission of a certifica-
the code official or approved agency shall conduct the types tion of the elevation of the lowest floor, including base-
of inspections specified in Section 109 from time to time dur- ment, prepared by a registered professional engineer or
ing and upon completion of the work for which a permit has land surveyor, as required in Section 1612.5 of the
been issued. A record of all such inspections and of all noted Building Code.
violations of the Construction Codes shall be maintained by 109.3.1.6 Pre-Cladding Inspection. Inspection is
the code official. required after the roof, wall bracing, windows, doors,
109.3.1 Building Inspections. flashings and moisture barrier are installed and prior to
placement of exterior cladding.
109.3.1.1 Footing Inspection. Footing inspection is
required prior to concrete placement, after trenches are 109.3.1.7 Framing Inspection. Inspection is required
excavated, forms are erected and reinforcement is after wiring, piping, chimneys, duct and vents to be
installed. The inspection shall include confirming that concealed are in place, accessibility provisions are in
the soil classification, soil compaction and soil bearing the rough stage, and all electrical, plumbing and
capacity specified in the approved plans are consistent mechanical rough inspections are approved.
with the field conditions and available soils testing 109.3.1.8 Energy Efficiency and Insulation Inspec-
data. The appropriate erosion and sediment control tions. Inspection of building thermal envelope require-
measures must be in place and functional. ments shall be performed before covering them with
109.3.1.2 As-Built Foundation Survey (Wall Check). any other materials. Inspections to determine compli-
Wall check survey is required before wall reaches a ance with the Energy Conservation Code and the Green
height of 1 foot (305 mm) above footer, or, in the case Construction Code shall be conducted by each trade
of other vertical construction, when a template or form inspector.
is located and noted. The D.C. Office of the Surveyor is 109.3.1.9 Gypsum Board Inspection. An inspection is
authorized to require up to three wall checks depending required of gypsum board, both interior and exterior,
on the design of the structure: below grade at footer, that is part of a fire or smoke-rated assembly, a shear
near grade, and final grade. Surveys, wall examinations assembly, a shaft or a sound transmission construction
and reports, and field notes shall comply with 10 after the gypsum board is in place, but before the outer
DCMR B §§ 2802, 2810-2812. Wall check surveys layer of gypsum board joints and fasteners are taped
shall be performed by a D.C. Registered Land Sur- and finished.
veyor. Wall reports, including drawings and field notes,
shall be filed with the D.C. Office of the Surveyor. Sur- 109.3.1.10 Accessibility Inspection. An inspection is
veying practices should comply with standards set forth required of all accessibility features prior to the final
in the current “Manual Of Practices For Real Property inspection.
Surveying In The District Of Columbia.” Authorization 109.3.1.11 Final Inspection. A final inspection is
to continue construction of any building or other struc- required after all mechanical, electrical, plumbing, fuel
ture beyond construction of the foundation shall not be gas, elevator and conveying systems, Energy Conser-
issued until a wall report has been prepared and submit- vation Code, and Green Construction Code final

30 2013 DISTRICT OF COLUMBIA BUILDING CODE


ADMINISTRATION AND ENFORCEMENT

inspections and special inspections, if applicable, are method of installation, clearances and supports and to
recorded, and the structure, building or portion thereof test for leaks under appropriate gas, air or hydrostatic
is completed in compliance with the Construction pressure.
Codes. 109.3.3.5 Fire Pump Inspection. Before final inspec-
109.3.2 Electrical Inspections. tion of a water fire suppression system, where a new or
109.3.2.1 Underground and Slab Inspection. Inspec- replacement fire pump assembly is installed, a fire
tion is required after trenches or ditches are excavated, pump inspection is required, for proper installation, ini-
forms are erected, conduit or cable are installed, and tiation, pressure, flow and operation. This inspection
before any backfill or concrete is put in place. shall include an acceptance test of the pump in accor-
dance with the relevant standard.
109.3.2.2 Service Inspection. Inspection of each new
and upgraded electrical service is required before the 109.3.3.6 Fire Suppression Systems Final Inspec-
service entrance equipment is authorized to be ener- tion. Final inspection is required of permitted work in
gized. fire suppression systems for proper installation, cover-
age and operation. This inspection shall include testing
109.3.2.3 Rough-in Inspection. Inspection is required of system discharge control devices, as appropriate
after the roof, framing, fire blocking, bracing, and wir- under the relevant standards.
ing are in place, and prior to the installation of insula-
tion and wall and ceiling membranes. 109.3.3.7 Final Plumbing Inspection. Final plumbing
inspection is required after the permitted work is com-
109.3.2.4 Fire Alarm Systems Rough. Inspection of plete, all plumbing fixtures and appliances are in place
fixed portions of fire detection and alarm systems, and properly connected, and the structure, building or
whether to be concealed or not, is required before portion thereof is ready for occupancy.
installation of any concealing materials, for inspection
of method of installation, clearances and supports. 109.3.4 Mechanical Inspections.
109.3.2.5 Fire Alarm Systems Final Inspection. Final 109.3.4.1 Underground and Slab Inspection. Inspec-
inspection is required of permitted work in fire detec- tion is required after trenches or ditches are excavated,
tion and alarm systems, for proper initiation, notifica- forms are erected, underground duct and fuel piping is
tion, annunciation and operation. This inspection shall installed, and before any backfill and concrete is put in
include an acceptance test of the system in accordance place.
with the relevant standard. 109.3.4.2 Rough-in Inspection. Inspection is required
109.3.2.6 Final Electrical Inspection. A final electri- prior to the installation of wall and ceiling membranes,
cal inspection is required after the building or other and after the roof, framing, fire blocking and bracing
structure is complete, all required electrical outlets, are in place and all duct and fuel piping to be concealed
switches and fixtures are in place and properly con- are complete.
nected and protected, and the structure, building or por- 109.3.4.3 Kitchen Hood and Duct Fire Suppression
tion thereof is ready for occupancy. Systems Final Inspection. Final inspection is required
109.3.3 Plumbing Inspections. of permitted work in fire suppression systems, for
proper installation, coverage and operation. This
109.3.3.1 Underground and Slab Inspection. Inspec-
inspection shall include testing of system discharge
tion is required after trenches or ditches are excavated,
control devices, as appropriate under the relevant stan-
forms are erected, and piping is installed, and before
dards.
any backfill or concrete is put in place. Piping to be
covered shall be tested for leaks under appropriate 109.3.4.4 Final Mechanical Inspection. A final
hydrostatic pressure. The appropriate erosion and sedi- mechanical inspection is required after the permitted
ment control measures must be in place and functional. work is complete, the mechanical system and appli-
109.3.3.2 Rough-in Inspection. Inspection is required ances are in place and properly connected and the
prior to the installation of wall and ceiling membranes, structure, building or portion thereof is ready for occu-
after the roof, framing, fire blocking and bracing are in pancy.
place, and all water, soil, waste and vent piping is com- 109.3.5 Fuel Gas Inspections.
plete. Piping to be covered shall be tested for leaks 109.3.5.1 Rough-in Inspection. Inspection is required
under appropriate hydrostatic pressure. after all piping authorized by the permit has been
109.3.3.3 Fire Service Flush Inspection. Fire service installed and before any such piping has been covered
flush inspection is required prior to connection of the and concealed or any fixtures or appliances have been
service to any portion of the fire pump or sprinkler sys- connected. This inspection shall include a gas pressure
tem, for removal of all debris in the fire service water. test.
109.3.3.4 Fire Suppression Systems Hydro Inspec- 109.3.5.2 Final Fuel Gas Inspection. A final inspec-
tion. Before installation of any concealing materials, an tion is required after the permitted fuel gas work is
inspection is required of fixed portions of fire suppres- complete and the fuel gas appliances are in place and
sion systems piping, whether to be concealed or not, for properly connected and vented.

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109.3.6 Elevator and Conveying Systems Inspections. periodic or continuous inspection; including spray-
Prior to operation of an elevator or conveying system that applied fire proofing, fire resistant penetrations and
has been installed or altered pursuant to a permit, a final joints, and Exterior Insulation Finishing Systems
inspection and issuance of a certificate of inspection shall (EIFS).
be required in accordance with Section 3010.3. 109.3.13.2 [Reserved].
109.3.7 Energy / Green Inspections. Inspections are
109.3.13.3 Fees and Costs. All fees and costs related to
required at appropriate times during the construction and
the performance of special inspection services shall be
upon completion of each project as necessary to determine
borne by the owner.
compliance with the Energy Conservation Code, the
Green Construction Code or an alternate compliance path 109.3.13.4 Qualifications of Special Inspectors. The
selected pursuant to Section 101.4.9. code official shall determine the qualifications of spe-
109.3.8 Other Inspections. In addition to the inspections cial inspectors, in accordance with Chapter 17 of the
specified above, the code official is authorized to make, or Building Code and the Special Inspections Program
to require the owner of a building or other structure to Procedural Manual.
have an independent inspection agency perform, other 109.3.14 Final Inspection. Upon completion of work for
inspections of any construction work. These inspections which a permit was issued, a final inspection approval is
shall ascertain compliance with the provisions of the Con- required to verify that all required inspections have been
struction Codes, the Zoning Regulations and other laws or performed and approved. No portion of a building or other
regulations that are enforced by the Department. structure shall be used or occupied until its final inspec-
tion has been obtained and, if required, a certificate of
109.3.9 [Reserved].
occupancy is issued pursuant to Section 110. All viola-
109.3.10 [Reserved]. tions or infractions of the approved plans and permit shall
109.3.11 [Reserved]. be noted and the holder of the permit shall be notified of
the discrepancies pursuant to procedures set forth in Sec-
109.3.12 [Reserved]. tion 110.2.2.
109.3.13 Special Inspections. Special inspections shall be 109.3.15 Certificate of Occupancy Issuance. After the
made in accordance with Chapter 17 of the Building Code, code official inspects the building or other structure pursu-
and the Special Inspections Program Procedural Manual. ant to Section 109.3.14 and finds no violations of the pro-
109.3.13.1 Authority to Require Special Inspections. visions of the Construction Codes or the Zoning
The code official is authorized to require the owner to Regulations, the code official upon due application shall
employ special inspectors having adequate qualifica- issue a certificate of occupancy pursuant to Section 110 of
tions for inspection or supervision of the types of con- the Building Code.
struction indicated in Sections 109.3.13.1.1 through Exceptions:
109.3.13.1.9.
1. One-family dwelling.
109.3.13.1.1 Reinforced Concrete. Inspection and
tests for reinforced concrete when the working 2. Community-Based Residential Facility with six
stresses are based on a stipulated strength of the con- or fewer residents.
crete. 109.4 Third-Party Inspections of Permitted Work.
109.3.13.1.2 Reinforced Masonry. Reinforced 109.4.1 Third-Party Inspection. When approved by the
masonry construction. Department, a permit holder, at the permit holder’s
109.3.13.1.3 [Reserved]. expense, shall have the option of having a third-party
inspection of work subject to a permit issued by the
109.3.13.1.4 Welding. Structural welding.
Department conducted by one or more third-party inspec-
109.3.13.1.5 Precast Concrete. Fabrication and tion agencies. The third-party inspection agency must be
installation of precast concrete panels and structural one that has been certified by the Department as a quali-
elements and their connections. fied third-party inspection agency pursuant and subject to
109.3.13.1.6 Structural Steel. Structural steel con- the provisions of D.C. Official Code § 6-1405 (2012
struction. Repl.), this Section 109.4, and the Third-Party Inspection
Procedures Manual (the provisions of which are incorpo-
109.3.13.1.7 Engineered Fill. Method of fill, fill rated herein by reference). Where the Department
materials and compaction tests. approves the use of a third-party inspection agency, the
109.3.13.1.8 Smoke Control Systems. The code third-party inspection agency(s) shall provide and perform
official shall require the owner to have the smoke inspection services of the work for which a permit has
control system inspected and tested as outlined in been issued by the Department in accordance with D.C.
Section 909.3 of the Building Code. Official Code § 6-1405, this Section 109.4, and the provi-
109.3.13.1.9 Other Construction. Other construc- sions of the Third-Party Inspection Procedures Manual.
tion or work requiring special knowledge and expe- Exception: Special inspections shall be governed by
rience, involving unusual hazards, or requiring Section 109.3.13 and Chapter 17 of the Building Code,

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and the Special Inspections Program Procedural Man- authority to issue a notice of violation, order or notice of
ual. infractions pursuant to Section 113.
109.4.2 Third-Party Inspection Procedures. Where 109.6.2 Administrative Search Warrant and Injunctive
inspections are to be conducted by one or more approved Relief. If the code official is denied entry for an inspection
third-party inspection agencies of work subject to permit in the performance of his or her duties, the code official is
issued by the Department, the third-party inspection authorized to apply to the D.C. Superior Court for an
agency(s) must make a determination that the work per- administrative search warrant and/or injunctive relief.
formed or construction undertaken was completed in
109.7 Coordination of Inspections. Whenever in the
accordance with the permit(s) as issued by the Depart- enforcement of the Construction Codes or another code or
ment, including associated construction documents, and in
ordinance, the responsibility of more than one official of the
accordance with the requirements of the Construction District of Columbia is involved, it shall be the duty of the
Codes. Where the third-party inspection agency makes
officials involved to coordinate their inspections and admin-
that determination, it shall submit its inspection report in istrative orders as fully as practicable so that the owners and
accordance with the provisions of the Department’s Third-
occupants of the structure shall not be subjected to visits by
Party Inspection Manual to the code official, and request numerous inspectors nor multiple or conflicting orders.
verification by the code official of final inspection. The
code official shall review and verify the report within ten 109.8 Inspection of Existing Buildings. Where existing
business days after acceptance. The code official shall buildings are allegedly occupied without the proper occu-
accept all reports submitted by a third-party inspection pancy permit or contain an occupancy alleged to be illegal or
agency related to work for which a permit has been issued unsafe, the code official is authorized to make inspections of
as prima facie evidence that the work inspected meets or the existing buildings before the issuance of occupancy per-
exceeds all requirements of the permit, and the construc- mits.
tion documents upon which the permit was issued, and the 109.9 Other Inspections. The code official is authorized to
Construction Codes. If the code official is satisfied as to make inspections upon referral of a notice of violation
the findings of the report regarding work, the code official received from inspection agencies other than the Department
shall issue to the permit holder, if requested, a conditional alleging a violation of the Construction Codes; and upon
certificate of occupancy or certificate of occupancy, as receipt of a complaint by a District resident, Council member,
applicable. District government employee, or other government agency
109.5 Approval Required. Work shall not be done beyond alleging a violation of the Construction Codes.
the point indicated in each successive inspection without first 109.10 Plant Inspection. When required by the provisions of
obtaining the approval of the code official. The code official the Building Code, materials or assemblies shall be inspected
shall respond to inspection requests without unreasonable at the point of manufacture or fabrication in accordance with
delay. The code official shall approve the work or shall either Section 1703.7 of the Building Code and the Special Inspec-
indicate the portion of the construction that is satisfactory as tions Program Procedural Manual.
completed, or shall notify the permit holder or an agent of the
permit holder wherein the same fails to comply with the Con-
struction Codes. Any portions that do not comply shall be SECTION 110
corrected and such portions shall not be covered or concealed CERTIFICATE OF OCCUPANCY
until authorized by the code official.
110.1 General Requirement for Certificate of Occupancy.
109.6 Right of Entry. The code official, in the performance Except as provided in Section 3203 of the Zoning Regula-
of his or her duties, shall have the right to enter any unoccu- tions, no person shall use any structure, land, or part thereof
pied building; any building under construction, alteration, or for any purpose, and no change in use or load shall be made,
repair; any building being razed or moved; any premises, until a Certificate of Occupancy has been issued stating that
including any building or other structure, which he or she has the use complies with the applicable Zoning Regulations and
reason to believe to be unsafe or a menace to life or limb; or the Construction Codes, including related building, electrical,
any building, the use of which may require the issuance of a plumbing, mechanical and fire protection requirements. Issu-
license or a certificate of occupancy. With respect to the ance of a certificate of occupancy shall not be construed as an
inspection of any occupied habitable portion of any building, approval of a violation of the provisions of the applicable
consent to such inspection shall first be obtained from any Construction Codes, Zoning Regulations or other laws or reg-
person of suitable age and discretion therein, except that if an ulations of the District. The person or entity to which a certif-
acute emergency occurs and immediate steps must be taken icate of occupancy is issued is referred to herein as the
to protect the public, such consent need not be obtained. “certificate holder.” When a change in ownership occurs, a
When attempting to gain entry for inspection, the code offi- new certificate of occupancy shall be applied for in the name
cial shall show an official identification issued by the Depart- of the new owner.
ment.
110.1.1 New Buildings. A building or other structure
109.6.1 Refusal of entry. Any person who prevents or hereafter erected shall not be used or occupied in whole or
refuses to allow the code official to enter a building for in part until the certificate of occupancy has been issued
inspection in the performance of his duties, is in violation by the code official, in accordance with the applicable
of these regulations and the code official shall have the Construction Codes and the Zoning Regulations following

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a final inspection pursuant to Section 109.3.14 of the occupancy, or prior to issuance of the first certificate of
Building Code. occupancy for occupiable space in a story above grade
Exceptions: plane where a project has multiple certificates of occu-
pancy, the code official is authorized to request addi-
1. One-family dwellings; tional documentation as deemed necessary to confirm
2. Community-Based Residential Facility with six that the project is on track to be certified as compliant
or fewer residents; or with the elected pathway.
110.1.6 Certificate Issued. After the code official inspects
3. A conditional certificate of occupancy has been
the building or other structure and finds no violations of
issued pursuant to Section 110.4.
the provisions of the Construction Codes, the Zoning Reg-
110.1.2 Change in Ownership. For changes in ownership ulations or other laws that are enforced by the Depart-
of structures, land, or parts thereof with an existing valid ment, the code official shall issue a certificate of
Certificate of Occupancy, a new Certificate of Occupancy occupancy containing the following:
shall be issued in the name of the new owner without re-
1. The building permit number (if applicable);
inspection, provided there is no proposed change in use,
floor layout or occupancy load. 2. The address of the structure;
110.1.2.1 Compliance. To monitor compliance with 3. The name and address of the property or business
Section 110.1.2, the Department may review change of owner, as applicable;
ownership applications and conduct inspections to 4. A description of that portion of the structure for
determine if there has been a change in use, occupancy which the certificate is issued;
load, or floor layout, and certificates of occupancy that
have been determined to have been erroneously issued 5. The name of the code official;
on the basis of a change in ownership shall be revoked. 6. The use and occupancy, in accordance with the
110.1.3 Change in Use, Load or Floor Layout. For provisions of Chapter 3 of the Building Code;
changes in use, occupancy load or tenant floor layout, a 7. The use and occupancy in accordance with the
new Certificate of Occupancy shall be required. In the Zoning Regulations;
foregoing circumstances, a construction permit application 8. The design occupant load;
must be filed pursuant to Section 105.1.1(1) and approved
by the Department, in order to confirm that the new use, 9. Any special stipulations and conditions of the
load or tenant floor layout complies with the Construction building permit;
Codes and Zoning Regulations. An application for certifi- 10. Date of issuance;
cate of occupancy will not be accepted for filing until a
permit application has been granted, or a determination 11. If an automatic sprinkler system is provided,
has been made that a permit application is not required whether the sprinkler system is required;
under the circumstances. 12. The edition of the code under which the permit was
issued; and
110.1.4 Use Designation. A certificate of occupancy shall
only be issued for stated uses, including accessory uses, 13. The type of construction as defined in Chapter 6.
that have been identified in the Zoning Regulations. In the 110.1.7 Exemption from Certificate. A Certificate of
case of §§ 701.5, 721.4, 741.4 and 751.4 of the Zoning Occupancy shall not be required for any use exempted by
Regulations, which permit other retail and service uses 11 DCMR § 3203.
similar to those uses expressly permitted in the applicable
Commercial Districts, the certificate of occupancy shall 110.1.8 Posting of Certificate. All Certificates of Occu-
first state the expressly permitted use and then indicate the pancy shall be conspicuously posted in or upon the prem-
similar use that is being authorized. ises to which they apply so that they are readily visible to
anyone entering the premises, except sanctuary and nave
110.1.5 Special Restrictions for Projects Subject to areas of places of religious worship in Group A-3.
Green Construction Code Alternate Compliance
110.2 Application for Certificate. Application for a Certifi-
Paths.
cate of Occupancy shall be made in accordance with Sections
110.1.5.1 Projects Subject to the Green Building 110.2 through 110.2.3.4.
Act. Prior to issuance of a certificate of occupancy for 110.2.1 Application Procedure. All applications for Cer-
projects subject to the Green Building Act and Section tificate of Occupancy shall be filed with the Department
302 of the Green Construction Code, and where pro- on the prescribed forms provided by the code official. The
vided for therein, the owner shall submit the financial applicant shall pay the prescribed filing fee at the time of
security required by Section 302 of the Green Con- the application. If a property is located in a CM or M zone
struction Code. district, the “Standards of External Effects” application
110.1.5.2 Projects Not Subject to the Green Building required by the Zoning Regulations shall also be submit-
Act. For projects electing an alternate compliance path- ted. Where field inspections are deemed necessary, the
way pursuant to Sections 101.4.9.4.2.2, 101.4.9.4.2.3, inspection process shall be in accordance with Sections
or 101.4.9.4.2.4, prior to issuance of a certificate of 110.2.2.

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110.2.1.1 Building Permits. Applications for a certifi- 2. Other special or unusual circumstances as deter-
cate of occupancy, other than for a change of owner- mined by the code official.
ship with no proposed change in use, occupancy load or 110.2.3.1 Filing for Extension. All requests for exten-
floor layout, will not be accepted unless a building per- sions shall be made in writing and addressed to the
mit application has previously been filed and granted, code official. All requests for extensions shall be filed
or the Department has determined that a permit appli- at least 15 business days prior to the expiration of the
cation is not required. prescribed time period. The request shall specify the
110.2.1.2 Compliance with Conditions. If an applica- following:
tion pertains to a structure or use authorized by an 1. The basis for the request including the details of
order of the Zoning Commission or Board of Zoning all efforts on the part of the applicant to bring the
Adjustment and the permission granted in that order property for which an extension is requested into
was made subject to conditions, the application shall compliance;
include a copy of the order and a statement demonstrat-
2. The facts which support the request in sufficient
ing compliance with all conditions that were to be satis-
detail to enable the code official to make an
fied prior to the issuance of a certificate of occupancy.
informed judgment; and
110.2.2 Inspections. Following the filing of a certificate 3. Any other information as the code official may
of occupancy application, except for a change in owner- deem necessary.
ship pursuant to Section 110.1.2, inspections shall be con-
ducted to confirm compliance with the applicable 110.2.3.2 Disposition of Request for Extension. The
Construction Codes and the Zoning Regulations. Notice of extension requested shall either be granted or denied by
all existing violations of the applicable Construction the code official as soon as practicable after receipt of
Codes and Zoning Regulations shall be provided to the all required information. The decision to grant or deny
applicant within ten business days after the date of the the extension shall be delivered to the applicant in writ-
inspection. ing by first class mail or personal service, and the pro-
visions of Section 110.2.2.1 shall apply to the pertinent
110.2.2.1 Service of Notice. The notice of existing vio- extension request records.
lations shall be personally delivered to the applicant or
110.2.3.3 Period of Extension. A decision to grant an
sent by first class mail, postage prepaid. Where the
extension shall set forth the extended period of time by
notice is mailed, a certificate of mailing completed by
which compliance shall be achieved.
the person responsible for mailing shall constitute
proof of service. 110.2.3.4 Extensions for Reinspection. If a reinspec-
tion is required, the reinspection shall be made within
110.2.2.2 Reinspection. If a notice of existing viola- 10 business days after the date of notification by the
tions is issued, a reinspection shall be made within ten applicant that all required corrections have been made.
business days after the date of notification by the appli-
110.3 Occupancy Dependent on Construction. Sections
cant that all required corrections have been made.
110.3.1 through 110.3.5 regulate the issuance of a certificate
110.2.2.3 Expiration of Application. Except as pro- of occupancy for the use of a structure, or part thereof, if the
vided in Sections 110.2.3 through 110.2.3.4, the failure establishment of the use is dependent upon the erection, con-
to comply with all applicable District of Columbia laws struction, conversion, or alteration of the structure, or part
and regulations pertaining to the issuance of a Certifi- thereof.
cate of Occupancy, within the prescribed timeframe in 110.3.1 Proposed use. The intended use shall be desig-
a notice of existing violations, shall cause the applica- nated as a proposed use at the time of application for the
tion to be canceled without further notice to the appli- building permit on which the use depends.
cant, and the applicant shall be required to file a new
Certificate of Occupancy application and pay the 110.3.2 Provisional Occupancy. At the time of approval
required fees. of the building permit application by the Zoning Adminis-
trator, the proposed use shall become the provisional occu-
110.2.2.4 Access to the Premises. Refusal to permit pancy approved by the code official.
entry for inspection of the premises shall result in the 110.3.3 Expiration of Provisional Approval. A building
cancellation of the Certificate of Occupancy applica- permit shall be obtained within six months of approval of
tion without further notice to the applicant. the provisional occupancy, otherwise the zoning approval
110.2.3 Extensions. The code official is authorized to granted pursuant to Section 110.3.2 shall expire.
grant an extension to comply with the notice of existing 110.3.4 Final Occupancy Approval. The use designated
violations for any of the following reasons: as the approved provisional occupancy shall become final
1. The District Government has performed all the upon issuance of a Certificate of Occupancy pursuant to
required services but due to extenuating circum- the provisions of Section 110.
stances the applicant is unable, through no fault of 110.3.5 Construction Completion Required. If the erec-
his or her own, to bring the property into compli- tion or alteration of a structure, or part thereof, is contem-
ance; or plated, a certificate of occupancy for that structure, or part

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thereof, shall not be issued until the erection or alteration 110 shall be revoked by the code official, after notice to
is completed to the point that the structure, or part thereof, the certificate holder, if the code official determines that it
is deemed by the code official to be available for occu- was issued in error.
pancy and in compliance with the requirements of the
110.5.3.1 Cancellation. The code official shall have
applicable laws and regulations.
the right to declare a certificate of occupancy null and
110.4 Conditional Occupancy. The code official is autho- void on the grounds of administrative or clerical error,
rized to issue a conditional certificate of occupancy for which and to cancel the certificate of occupancy, if such error
a permit for work has been issued, in the following circum- is discovered within five business days after the date of
stances: issuance of the certificate of occupancy and notice is
110.4.1 Completion of a Portion of the Work. The code provided to the certificate holder within the five day
period. Upon notification of cancellation, the holder
official is authorized to issue a conditional certificate of
occupancy to permit the conditional use and conditional shall promptly surrender the certificate of occupancy
for cancellation, provided, however, that the failure to
occupancy of a building, other structure, or a portion
thereof, in advance of the completion of all work covered voluntarily surrender the certificate shall not affect its
invalidity and the cancellation shall be effective upon
by the permit, and prior to the issuance of a certificate of
occupancy under Section 110.1 above, if the building, notification.
other structure, or a portion thereof may be safely occu- 110.5.3.2 Board of Zoning Adjustment. When a writ-
pied notwithstanding incomplete work covered by the per- ten order of the Board of Zoning Adjustment concludes
mit. The code official is authorized to specify when the that a certificate of occupancy was issued in error, the
conditional certificate of occupancy issued under this sec- certificate of occupancy shall be revoked effective ten
tion will expire. days after the Board of Zoning Adjustment Order
110.4.2 Completion of Core and Shell. The code official becomes final pursuant to the provisions of the Zoning
is authorized to issue a conditional certificate of occu- Regulations. Appeal of revocations under this provision
pancy for a building or other structure after determining shall be governed by Section 110.6.1.
that the core and shell of the building or other structure are 110.5.4 Incomplete Alteration, Repair or Addition. Any
substantially and materially complete, in accordance with certificate of occupancy previously issued or issued pursu-
the Construction Codes. The issuance of a conditional cer- ant to Section 110 shall be revoked by the code official,
tificate of occupancy under this section shall not grant, after notice to the certificate holder, if all of the following
allow, or permit use or occupancy, for any reason or pur- conditions are verified:
pose, of any other portion of the building or other struc- 1. The building or space under such certificate of occu-
ture for which a certificate of occupancy is required under pancy is undergoing alteration or repair, or an addi-
Section 110.1. tion thereto is being constructed, under a duly issued
110.4.3 Other Circumstances. The code official is autho- building permit, and the original use is being contin-
rized to issue a conditional certificate of occupancy in ued during the construction period; and
other circumstances, prior to the issuance of the final cer- 2. The code official deems that construction is not pro-
tificate of occupancy, if the building, other structure, or a gressing at a reasonable pace and the unfinished por-
portion thereof may be safely occupied, where the code tion of the project, as shown on the approved permit
official determines that the public interest warrants such drawings, or the missing systems or portions
conditional occupancy. The code official is authorized to thereof, are such that the code official deems that the
specify when the conditional certificate of occupancy safety, health or welfare of the public or of the occu-
issued under this section will expire. pants is seriously threatened thereby.
110.5 Revocation of a Certificate of Occupancy. The code 110.5.5 Additional Grounds for Revocation.
official is authorized to revoke a certificate of occupancy pur-
suant to any of the Sections 110.5.1 through 110.5.5. 110.5.5.1 Completion of Construction Work. Any
certificate of occupancy previously issued or issued
110.5.1 Different Occupancy. Any certificate of occu-
pursuant to Section 110 shall be revoked by the code
pancy previously issued or issued pursuant to Section 110
official, after notice, if, upon completion of work pur-
shall be revoked by the code official, after notice to the
suant to a duly issued building permit, the owner or
certificate holder, if the actual occupancy does not con-
occupant does not apply for a new certificate of occu-
form with that which was permitted.
pancy within 30 days after completion of the work and
110.5.2 Misleading Declaration by Applicant. Any cer- a new certificate of occupancy is required. A new cer-
tificate of occupancy previously issued or issued pursuant tificate of occupancy is required when there is a change
to Section 110 shall be revoked by the code official, after in use, occupancy or load.
notice to the certificate holder, if the code official deter-
110.5.5.2 Violation of Zoning Order Conditions.
mines that it was obtained based on an application that
Any certificate of occupancy previously issued or
contained any material misrepresentation.
issued pursuant to Section 110 shall be revoked by the
110.5.3 Certificate Issued in Error. Any certificate of code official, after notice, if the use is being operated in
occupancy previously issued or issued pursuant to Section violation of one or more conditions of any Board of

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ADMINISTRATION AND ENFORCEMENT

Zoning Adjustment or Zoning Commission order that 2. If the Office of Administrative Hearings or Board of
authorized the establishment of the use or the construc- Zoning Adjustment finds that grounds exist to
tion, renovation, or alteration of the building in which revoke the permit as the result of a hearing requested
the use is located. Such violations include, but are not by the certificate holder pursuant to Section 110.6.
limited to, the failure to establish or maintain any pub-
110.5.8.1 Summary Revocations; Cancellations.
lic benefit in accordance with a condition set forth in
Revocations based on Section 110.5.3.1 shall be sum-
any Zoning Commission order granting a planned unit
mary revocations and shall take effect on the date
development on the property in which the use is
ordered by the code official.
located.
110.5.6 Service of Notice to Revoke a Certificate of 110.6 Appeal from Action. Any person aggrieved by the
Occupancy. The code official shall effect service of a action of the code official granting, withholding, or revoking
notice to revoke a certificate of occupancy by one of the a Certificate of Occupancy, based in whole or in part upon the
following methods: Zoning Regulations, may appeal the action to the Board of
Zoning Adjustment, pursuant to D.C. Official Code § 6-
1. Personal service on the certificate holder or the cer- 641.07 (2012 Repl.) and the Zoning Regulations, no later than
tificate holder’s agent; 60 days after service of written notice of the action upon the
2. By electronic mail to the last-known electronic mail applicant or permit holder. All other appeals shall be filed
address of the certificate holder or the certificate before the Office of Administrative Hearings within the time
holder’s agent, provided that a copy of the notice or period required.
order is posted in a conspicuous place in or about the 110.6.1 Limitation on Appeal. No appeal may be taken to
structure affected by such notice; the Board of Zoning Adjustment when a ground for the
3. Delivering the notice to the last known home or revocation is a Board of Zoning Adjustment Order finding
business address of the certificate holder as identi- that the certificate of occupancy was issued in error. The
fied by the certificate application, the tax records, or revocation in such cases may be appealed to the District of
business license records, and leaving it with a person Columbia Court of Appeals pursuant to D.C. Official
over the age of 16 years old residing or employed Code § 2-510.
therein; 110.6.2 Stay pending appeal. The filing of an appeal of
4. Mailing the notice, via first class mail postage pre- the revocation shall not operate to stay the revocation.
paid, at least 10 days prior to the date of the pro-
110.7 Certificate of Occupancy Fees. A fee for the process-
posed action, to the last known home or business
ing and issuance of a certificate of occupancy shall be paid to
address of the certificate holder or the certificate
the D.C. Treasurer in accordance with the applicable fee
holder’s agent as identified by the certificate appli-
schedule.
cation, the tax records, or business license records;
or 110.7.1 Fee Schedule. The Director is authorized to estab-
5. If the notice is returned as undeliverable by the Post lish, from time to time, by approved rules, a schedule of
Office authorities, or if no address is known or can unit rates and other fees for certificates of occupancy, par-
be ascertained by reasonable diligence, by posting a tial certificates of occupancy and other related miscella-
copy of the notice in a conspicuous place in or about neous services.
the structure affected by such notice. 110.7.2 Filing Fee. The fee for filing an application for
Exception: A Board of Zoning Adjustment Order find- certificate of occupancy shall be in accordance with the
ing that a certificate of occupancy has been issued in current user fee schedule.
error constitutes the Notice of Revocation required 110.8 Records. The Director or his or her designee shall be
under this section. the custodian of Certificate of Occupancy records. The
110.5.7. Content of Notice. Except as provided in Section records shall include, but not limited to, the following:
110.5.3.2, the Notice of Revocation shall contain the 1. Pending Certificate of Occupancy applications;
effective date of revocation.
2. Extensions granted pursuant to Sections 110.2.3
110.5.8 Effective Date of Revocation. Revocations based
through 110.2.3.4; and
on Section 110.5.1, 110.5.2, 110.5.4, or 110.5.5 are pro-
posed actions and shall become final upon occurrence of 3. All approved applications for Certificates of Occu-
one of the following conditions: pancy, issued Certificates of Occupancy and copies of
1. If the certificate holder fails to request a hearing all cancellation notices and related correspondence.
from (a) the Office of Administrative Hearings
within 10 business days of receipt of the notice of
revocation with respect to violations of the Con- SECTION 111
struction Codes or (b) the Board of Zoning Adjust- SERVICE UTILITIES
ment within 60 days of receipt of the notice of 111.1 Connection of Service Utilities. No person shall make
revocation with respect to violations of the Zoning connections from a utility source of energy, fuel, power,
Regulations; water or sewerage to any building, other structure or system

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that is regulated by the Construction Codes for which a per- 112.1.1.2 Zoning Administrator. With regard to mat-
mit is required, until the permit is issued by the code official. ters arising under the Zoning Regulations, the Zoning
Administrator shall affirm, modify, or reverse the Staff
111.2 Temporary Connection. The code official shall have Action within 15-business days of receipt of a review
the authority to authorize the temporary connection of a form. If the Zoning Administrator denies review, or
building, other structure or system to the utility source of does not act upon the review within the 15-business day
energy, fuel or power. period, the Staff Action shall be deemed affirmed and
111.3 Authority to Disconnect Service Utilities. The code the claimant may appeal the decision to the Board of
official shall have the authority to order the disconnection of Zoning Adjustment in accordance with Section 112.2.2.
utility service to any building, other structure or system regu- Notwithstanding the foregoing, a person’s election to
lated by the Construction Codes, in case of emergency where seek Zoning Administrator review pursuant to Section
necessary to eliminate an immediate hazard to life or prop- 112 shall not stay the time period in which to appeal the
erty. The code official shall notify the serving utility, and Staff Action decision to the Board of Zoning Adjust-
where possible the owner and occupant of the building, other ment as that time period is set forth at 11 DCMR Sec-
structure or service system, of the decision to disconnect tion 3112.2.
prior to taking such action. If not notified prior to disconnect- 112.2 Appeal of Decisions of the Code Official and the
ing, the owner or occupant of the building, other structure or Zoning Administrator.
service system shall be notified in writing, as soon as practi-
cal thereafter. 112.2.1 Appeal of Decisions of the Code Official. The
owner of a building or other structure or any person
adversely affected or aggrieved by a final decision or order
of the code official based in whole or in part upon the Con-
SECTION 112
struction Codes, may appeal to the Office of Administra-
REVIEW AND APPEALS
tive Hearings (OAH). The OAH appeal shall be filed
112.1 Review by the Code Official or Zoning Administra- within 10 business days after the date the person appealing
tor. The owner of a building or other structure, an applicant the decision of the code official had notice or knowledge
for a permit or certificate of occupancy, or a permit holder or of the decision, or should have had notice or knowledge of
certificate holder who is adversely affected or aggrieved by the decision, whichever is earlier. The appeal shall specify
an interpretation, decision, denial or other action or decision, that the Construction Codes or the rules legally adopted
relating to application processing or inspections, by a person thereunder have been incorrectly interpreted or applied by
in the Department other than the code official or the Zoning the code official, that the requirements of the Construction
Administrator (a “Staff Action”) may seek review by the Codes do not fully apply, or that an equally good or better
code official or the Zoning Administrator, as applicable. form of construction can be used. The OAH shall have no
Review under this section must be initiated by the claimant authority to waive requirements of the Construction
no later than 15 days after being advised of, or learning of, Codes.
the Staff Action. Notwithstanding the foregoing, review of
stop work orders shall be governed by Section 114.11. Exceptions:
1. OAH review of a notice or order to close or
112.1.1 Review Process. To seek review, a claimant shall
vacate residential premises issued pursuant to
use a review form provided by the code official or the
Section 115 shall be based solely on the issue of
Zoning Administrator, as applicable, on which the claim-
whether the premises are unsafe or unfit for occu-
ant shall state the grounds for any requested review, which
pancy requiring a building closure under the pro-
shall be based on a claim that the Construction Codes or
visions of Section 115;
the Zoning Regulations, or the rules legally adopted under
either, as applicable, have been incorrectly interpreted or 2. OAH review of a notice or order to close or
applied, that the provisions of the Construction Codes or vacate residential premises issued pursuant to
Zoning Regulations, as applicable, do not fully apply, or, Section 116 shall be based solely on the issue of
in the case of any action under the Construction Codes, whether the code official’s building closure deci-
that an equally good or better form of construction can be sion comported with the provisions of Section
used. 116.1.
112.1.1.1 Code Official. With regard to matters arising Notwithstanding the foregoing, OAH review of a notice
under the Construction Code, the code official shall or order to close or vacate residential premises issued pur-
affirm, modify, or reverse the Staff Action within 15 suant to Section 115 shall be based solely on the issue of
business days of receipt of a review form. If the code whether the premises are unsafe or unfit for occupancy
official denies review, or does not act upon the review requiring a building closure under the provisions of Sec-
within the 15 business day period, the Staff Action tion 115 and OAH review of a notice or order to close or
shall be deemed affirmed and the claimant may appeal vacate residential premises issued pursuant to Section 116
to the Office of Administrative Hearings in accordance shall be based solely on the issue of whether the code offi-
with Section 112.2.1. The decision of the code official cial’s building closure decision was arbitrary and capri-
shall be the final decision of the Department. cious.

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112.2.2 Appeal of Decisions of the Zoning Administra- issued pursuant to Section 115, or a request for an expedited
tor. The owner of a building or other structure or any per- hearing pursuant to Section 112.2.3, shall not preclude the
son adversely affected or aggrieved by a final decision or code official from issuing a notice or order pursuant to Sec-
order of the Zoning Administrator may appeal to the tion 116 for the same premises, including any building or
Board of Zoning Adjustment of the District of Columbia other structure, while such appeal or hearing is pending.
pursuant to D.C. Official Code § 6-641.07.
112.2.3 Expedited OAH Hearing for Section 115 Clo-
sure Orders. Where a notice or order to close or vacate SECTION 113
residential premises is issued pursuant to Section 115, a VIOLATIONS AND INFRACTIONS
tenant or occupant of the premises affected by the closure 113.1 Unlawful Acts. It shall be unlawful for any person,
has a right to request an expedited hearing by OAH prior firm, or corporation to erect, construct, alter, extend, repair,
to the closure subject to the following requirements: raze, demolish, use, or occupy any building or other structure
or equipment regulated by the Construction Codes or Zoning
1. The tenant or occupant shall file the request for an
Regulations, or cause same to be done, in conflict with or in
expedited hearing with OAH no later than the date
violation of any of the provisions of the Construction Codes
specified in the closure order for tenants or occu-
or Zoning Regulations.
pants to vacate the structure or unit;
113.2 Notice of Violation, Infraction, or Order. The code
2. OAH review shall be based solely on the issue of
official is authorized to serve a notice of violation, notice of
whether the premises are unsafe or unfit for occu-
infraction, or order on the owner, operator, occupant or other
pancy requiring a building closure under the provi-
person responsible, for the erection, construction, alteration,
sions of Section 115 of the Building Code;
extension, repair, razing, demolition, use, or occupancy of a
3. Enforcement of the closure notice or order shall be building or other structure in violation of the provisions of
stayed until OAH issues a written decision; and the Construction Codes or Zoning Regulations, or in violation
4. OAH shall hold a hearing within 72 hours of receipt of a plan approved thereunder, or in violation of a permit or
of a timely request, and shall issue a decision within certificate issued under the provisions of the Construction
72 hours after the hearing. For purposes of comput- Codes or Zoning Regulations. A notice of violation or order
ing the 72-hour period, weekends and legal holidays shall direct the discontinuance of the illegal action or condi-
shall be excluded. tion and/or the abatement of the violation. Notices or orders
shall be in accordance with all of the following:
Nothing herein shall be construed to authorize an expe-
dited hearing for any orders or notices issued, or actions 1. Be in writing.
taken, pursuant to Section 116. 2. Include a description of the real estate sufficient for
112.3 Stop Work Orders. Appeals of stop work orders are identification.
governed by Section 114.11. 3. Include a statement of the violation or violations, the
112.4 Revocations. Appeals of permit revocations and revo- code section(s) violated, and why the notice or order is
cations of certificates of occupancy shall be governed by Sec- being issued.
tions 105.6 and 110.5, respectively. 4. Include, if the notice or order affords an opportunity to
112.5 Enforcement of Decision. The code official or the abate a violation, a reasonable period of time to make
Zoning Administrator, as applicable, shall take immediate the repairs and improvements required to bring the
action in accordance with the decision of the Office of building, or other structure into compliance with the
Administrative Hearings or the Board of Zoning Adjustment, provisions of this code.
as applicable, in any appeal. 5. Include, if applicable, a specific time by which unsafe
112.6 Stay of Enforcement. Appeals of notices or orders or imminently dangerous premises shall be closed, bar-
shall stay the enforcement of the notice or order until the ricaded and/or vacated, or equipment placed out of ser-
appeal is heard by OAH. vice.
Exceptions: 6. Inform the property owner of the right to appeal pursu-
ant to Section 112.
1. Closure or imminent danger notices or orders issued
pursuant to Section 116, and related orders to vacate 7. Include a statement of the District of Columbia’s right
premises, to abate the violation without the owner’s consent if the
owner fails to comply with the notice or order or to file
2. Closure notices or orders issued pursuant to Section
a timely appeal, to assess the costs of such abatement
115, and related orders to vacate premises, except
against the owner and to place a tax lien on the property
where the tenant or occupant has requested an expe-
in accordance with Section 113.5 for the costs of such
dited OAH hearing in accordance with Section
abatement.
112.2.3.
113.2.1 Service of Notice of Violation or Order. A
3. Stop work orders. notice of violation or any other authorized notice or order,
112.7 Section 116 Closure or Imminently Dangerous other than a notice of infraction, shall be served on the
Orders and Notices. Appeal of a closure notice or order owner, operator, occupant or other person responsible for

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ADMINISTRATION AND ENFORCEMENT

the condition or violation (the “respondent”) by any one of barricade a residential structure or dwelling unit,
the following methods: pursuant to Section 115, or (b) posts a closure or
1. Personal service on the respondent or the respon- imminently dangerous order or notice pursuant to
dent’s agent; Section 116, in addition to posting the notice or
order as provided in 113.2.1.3.1, the code official
2. By electronic mail to the last-known electronic mail shall provide a copy of the notice or order to each
address of the person or business to be notified, pro- tenant affected by the notice or order by leaving a
vided that a copy of the notice or order is posted in a copy at each dwelling unit or any other reason-
conspicuous place in or about the structure affected able method in the code official’s discretion.
by such notice;
113.2.1.3.2 Exclusivity of Tenant Notice Provi-
3. Delivering the notice or order to the last known sions. The code official shall not be subject to any
home or business address as identified by the tax other tenant notification provisions, except as
records, the business license address, or the corpo- expressly set forth in this Section 113.2.
rate registration address of the respondent or the
respondent’s agent and leaving it with a person over 113.2.1.4 Notices of Infraction. Notices of infraction
the age of 16 years old residing or employed therein; shall be issued in accordance with the procedures and
fine amounts set forth in Section 201 of the Civil
4. Mailing the notice or order, via first class mail post- Infractions Act and Title 16 of the DCMR.
age prepaid, at least 10 days prior to the date of the
proposed action, to the last known home or business 113.2.2 Requirement to Abate Illegal Activity or Nui-
address, as identified by the tax records address, the sance. A notice of violation or order shall direct the dis-
business license address or the corporate registration continuance of the illegal action or condition and/or
address, of the respondent or respondent’s agent; or abatement of the violation.
5. If the notice or order is returned as undeliverable by 113.2.3 Failure to Provide a Notice of Violation. Issu-
the Post Office authorities, or if no address is known ance of a notice of violation pursuant to this section, prior
or can be ascertained by reasonable diligence, by to taking other enforcement action, is at the discretion of
posting a copy of the notice or order in a conspicu- the code official. Failure to give a notice of violation shall
ous place in or about the structure affected by such not be a bar or a prerequisite to any criminal prosecution,
notice. civil action, corrective action or civil infraction proceed-
ing based upon a violation of the Construction Codes.
113.2.1.1 Respondent’s Agent. For the purposes of
this section, respondent’s agent shall mean a general 113.2.4 Notice of Infraction. A notice of infraction shall
agent, employee, registered agent or attorney of the be issued in accordance with Section 201 of the Depart-
respondent. ment of Consumer and Regulatory Affairs Civil Infrac-
tions Act of 1985, effective October 5, 1985 [D.C. Law 6-
113.2.1.2 Stop Work Orders. Service of stop work
42; D.C. Official Code § 2-1802.01 (2012 Repl.)] (“Civil
orders shall be made as set forth in Section 114.
Infractions Act”) and shall impose a fine for the alleged
113.2.1.3 Special Provisions for Residential Prem- violation.
ises. Where a notice or order is issued to the owner of a
residential premises with respect to a dwelling unit 113.2.5 Additional Requirements for Closure of Resi-
dential Premises. Where the code official (a) issues an
occupied by a tenant, the code official shall provide
such tenant with a copy of the notice or order. This order or notice to close and barricade a residential struc-
ture or dwelling unit, pursuant to Section 115, or (b) posts
requirement will be satisfied by mailing a copy to the
tenant by first class mail, leaving a copy at the tenant’s a closure or imminently dangerous order or notice pursu-
ant to Section 116, the following additional provisions
residence or any other reasonable method in the code
official’s discretion. shall apply.

113.2.1.3.1 Notification for Multiple Tenants. In 1. The notice or order shall specify a date by which
any instance where a notice or order affects more tenants or occupants of the structure or unit are
than one tenant of a residential building or dwelling, required to vacate the structure or unit.
including notices or orders involving common 2. The notice or order shall include a statement inform-
space, the code official shall post a copy of any ing tenants or occupants of the structure or unit of
notice or order issued to the owner pursuant to Sec- the right to appeal pursuant to Section 112.2, includ-
tion 113.2 for a reasonable time in one or more loca- ing, where applicable, the right to an expedited hear-
tions within the building or buildings in which the ing pursuant to Section 112.2.3.
violation exists. The locations for posting the notifi-
3. A copy of the notice or order shall be provided to
cation shall be reasonably selected to give notice to
tenants in accordance with Section 113.2.1.3.
all tenants affected. Any tenant directly affected by
the violation(s) shall, upon request to the code offi- 4. The notice or order shall provide contact informa-
cial, be sent a copy of the posted notification. tion for the Office of the Tenant Advocate.
113.2.1.3.1.1 Building Closures. Where the code 113.3 Prosecution or Adjudication of Violation. If a notice
official (a) issues an order or notice to close and of violation or order is not complied with promptly, the code

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ADMINISTRATION AND ENFORCEMENT

official may request the Office of the Attorney General for official. Service of the order shall be made in accordance with
the District of Columbia to institute the appropriate proceed- Section 113.2.1.
ings at law or in equity to prosecute, restrain, correct, or abate
113.7.1 Civil Fines. Notwithstanding the issuance of a
such violation, or to require the removal or termination of the
stop work order or an order to correct, relating to the ille-
unlawful use of the building or other structure in violation of
gal construction, the code official is authorized to issue
the provisions of the Construction Codes or the Zoning Regu-
civil fines pursuant to Section 113.6 of the Building Code,
lations or of the order or direction made under the Construc-
and each day thereafter a violation goes unabated shall be
tion Codes or the Zoning Regulations.
considered a separate offense. Upon adjudication of the
113.4 Criminal Prosecution. Pursuant to D.C. Official Code civil fines provided for in this section, the code official is
§ 6-1406 (2012 Repl.), any person who violates a provision authorized to assess any unpaid fines as a tax against the
of the Construction Codes or fails to comply with any of the property on which the violation occurred, and to carry
requirements thereof or who erects, constructs, razes, demol- such tax on the regular tax rolls of the District and collect
ishes, alters, or repairs a building or other structure in viola- such tax in the same manner as general taxes.
tion of an order of the code official issued under the authority
113.7.2 Fire Safety Hazard; Public Hazard. Should the
of the Construction Codes, or in violation of a permit or cer-
code official deem the condition to be a fire safety hazard
tificate including the approved plans issued under the provi-
or otherwise constitute a hazard to the public, the code
sions of the Construction Codes, shall, upon conviction, be
official is authorized pursuant to D.C. Official Code § 42-
guilty of a misdemeanor, punishable by a fine of not more
3131.01(c) (2012 Repl.) to cause such condition to be cor-
than two thousand dollars ($2,000), or by imprisonment not
rected, to assess the cost of correcting such condition and
exceeding 90 days, or both, for each offense. Each day a vio-
all expenses incident thereto, including fees or charges
lation continues shall be deemed a separate offense.
authorized or imposed in the Building Code, as a tax
113.5 Abatement of Violation. The imposition of penalties against the property on which such condition existed or
prescribed in this section shall not preclude the Office of the from which such condition arose, as the case may be, and
Attorney General for the District of Columbia from institut- to carry such tax on the regular tax rolls of the District and
ing appropriate action to prevent unlawful construction or to collect such tax in the same manner as general taxes.
restrain, correct, or abate a violation, or to prevent illegal
113.8 Injunction to Restrain Use of a Building in Violation
occupancy of a premises, including any building or other
of Construction Codes. The Mayor may file a petition with
structure, or to stop an illegal act, conduct, business, or use of
the Superior Court of the District of Columbia for an injunc-
a premises, including any building or other structure. Nor
tion to restrain the use or occupancy of any building, other
shall the imposition of penalties prevent the Department from
structure, or part thereof, in violation of any of the provisions
undertaking abatement or corrective actions under other stat-
of the Construction Codes or the Zoning Regulations.
utes and regulations, including but not limited to D.C. Offi-
cial Code § 42-3131.01 et seq. (2012 Repl.). The costs of any 113.9 Transfer of ownership. It shall be unlawful for the
corrective action, and all expenses thereto, shall be assessed owner of any building or other structure upon whom a notice
as a tax against the property on which the violating condition of violation or order has been served to sell, transfer, mort-
existed, and such tax shall be carried on the regular tax rolls gage, lease or otherwise dispose of such building or other
of the District, and collected in the same manner as general structure to another person or entity until the provisions of
taxes in the District are collected. the notice or order have been complied with, or until such
113.6 Civil Infractions. Pursuant to D.C. Official Code § 6- owner shall first furnish the grantee, transferee, mortgagee or
1406 (2012 Repl.), civil fines, penalties, and fees may be lessee a true copy of any notice or order issued by the code
imposed as additional sanctions to criminal prosecution or official and shall furnish to the code official a signed and
other civil action, for any infraction of the provisions of the notarized statement from the grantee, transferee, mortgagee
Construction Codes or Zoning Regulations, or any orders, or lessee, acknowledging the receipt of such notice or order
rules, or regulations issued under the authority of the Con- and fully accepting responsibility without condition for mak-
struction Codes pursuant to the Civil Infractions Act. Adjudi- ing the corrections or repairs required by such notice or order.
cation of any infraction of the Construction Codes or Zoning
Regulations shall be pursuant to the Civil Infractions Act,
D.C. Official Code § 2-1801.01 et seq. (2012 Repl.). SECTION 114
STOP WORK ORDER
113.7 Illegal Construction. Without limiting any of the pen-
114.1 Authority. Whenever the code official finds that any
alties or remedies for violations of the Construction Codes, or
work on any premises, including any building or other struc-
the Department’s enforcement authority set forth in Section
ture is being performed contrary to the provisions of the Con-
113 or elsewhere, if a building or other structure or part
struction Codes, or the Zoning Regulations or in an unsafe or
thereof is being erected, constructed reconstructed converted
dangerous manner, the code official is authorized to issue a
or altered, or has been erected, constructed, reconstructed,
stop work order.
converted, or altered in violation of the Construction Codes
or the Zoning Regulations, said actions shall constitute illegal 114.1.1 Issuance. The stop work order shall be in writing,
construction, and the code official is authorized to order in a form prescribed by the code official, and shall be
ongoing work to stop and that the condition be corrected given to the owner of the property involved, or to the
within a specified time frame deemed reasonable by the code owner’s agent, or to the person doing the work. If the stop

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ADMINISTRATION AND ENFORCEMENT

work order cannot be delivered personally, notice shall be fied, the cessation of any and all work at the premises or
effected by posting the stop work order as provided in portion thereof, regardless of whether the work is subject to
Sections 114.1.4 and 114.2. Upon service of a stop work building permit requirements.
order pursuant to Section 114.1.4, the cited work shall
114.6.1 Stop Work Order for All Activity at a Con-
immediately cease until the situation is corrected.
struction Site. When the code official issues a stop work
114.1.2 Form of Stop Work Order. The stop work order order for illegal construction under Section 113.7 of this
shall be in writing, in a form prescribed by the code offi- chapter, it shall be a violation of the stop work order for
cial. The stop work order shall state the reason for the the owner or agent to enter the site, unless otherwise spec-
order, and the conditions under which the cited work will ified. The code official may provide for temporary access
be permitted to resume. The stop work order shall state the to allow the owner, or his or her agent, to ensure the ongo-
address of the property and the specific section or sections ing security and/or safety of the property. An owner or
of the Construction Codes and/or the Zoning Regulations agent of property under the restrictions of a stop work
violated. The stop work order shall also contain a descrip- order must first receive approval from the code official to
tion of the right to appeal the order, and a contact name enter the property for any reason except as specified in the
and telephone number to obtain an appeal form. No stop order.
work order shall be issued nor considered valid unless it
114.7 Owner and/or Designated Agent Responsible for
contains all the above information, and the signature of the
Ensuring Compliance with Stop Work Order. The owner
issuing official.
of the property, or his or her agent, serving as the contractor
114.1.3 [Reserved]. of record, shall be deemed to have violated the stop work
114.1.4 Service of a Stop Work Order. The code official order where his or her subordinate employees, workers, and
shall effect service of a stop work order by one of the fol- subcontractors do not comply with the requirements of the
lowing methods: stop work order.
1. Personal service on the owner of the property 114.8 Criminal Prosecution for Violation of Stop Work
involved, to the owner’s agent or to the person doing Order. Upon finding that the requirements of a stop work
the work; or order have been violated, including the removal of a stop
work order, the code official may request the Office of the
2. Posting a copy of the notice in a conspicuous place
Attorney General for the District of Columbia to institute
in or about the structure affected by such notice, as
appropriate proceedings, which may include the arrest and
provided in Section 114.2.
prosecution of the owner or agent.
114.2 Location of Posted Stop Work Order. The code offi-
cial shall post the stop work order in a conspicuous location, 114.9 Failure to Comply with Stop Work Orders. Any
visible to the public and other government officials, in or person who continues to work in or about a structure after
about the premises, including any building or other structure, having been served with a stop work order is in violation of
affected by the stop work order. the provisions of the Construction Codes. Failure to comply
with a stop work order shall constitute grounds for suspen-
114.3 Removal or Obstruction of a Posted Stop Work sion, restriction or revocation of any license issued by the
Order. Unauthorized removal or obstruction of a posted stop Department to the noncompliant general contractor, construc-
work order is a violation of the Construction Codes, and is tion manager, or home improvement contractor. Failure to
subject to the penalties provided in D.C. Official Code § 6- comply with a stop work order by an, electrician, plumber,
1406 (2012 Repl.) and the injunctive relief set out in D.C. gas-fitter, steam engineer, or refrigeration and air condition-
Official Code § 6-1407 (2012 Repl.). ing mechanic shall be grounds for referral to the Board of
114.4 Access Required to Post a Stop Work Order. Where Industrial Trades for license suspension or revocation.
the code official requires access into a structure to post a stop 114.10 Unlawful Continuance. Any person who shall con-
work order, the owner of the structure, or his or her agent, tinue any work in or about a premises, including any building
must provide the required access within 24 hours after receiv- or other structure after a stop work order has been posted,
ing written notice from the code official pursuant to Section except such work as that person is directed to perform to
114.1. remove a violation or unsafe condition, shall be subject to the
114.5 Public Notice of Stop Work Order. The code official penalties set forth in D.C. Official Code § 6-1406 (2012
is authorized to make public, by publishing in a newspaper of Repl.) and the injunctive relief set out in D.C. Official Code §
general distribution, in the District of Columbia Register, or 6-1407 (2012 Repl.).
at the DCRA website, a list of the addresses where stop work 114.11 Appeal of Stop Work Order. The property owner,
orders have been posted. The code official shall, upon his or her agent, or the person responsible for the work cited
request, provide copies of written stop work order notices, in a stop work order, may initiate an appeal within the
issued pursuant to Section 114.1 of this chapter, to the Metro- Department from a stop work order. Claimants shall appeal
politan Police Department Commander of the District where using a form provided by the code official, on which they
the address of the stop work order is located. shall state the grounds for the appeal, which shall be based on
114.6 Scope of Stop Work Order for Illegal Construction. a claim that the Construction Codes or the Zoning Regula-
A stop work order issued for illegal construction under Sec- tions, or the rules legally adopted thereunder, have been
tion 113.7 of this chapter, shall mean, unless otherwise speci- incorrectly interpreted or applied, the provisions of the Con-

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ADMINISTRATION AND ENFORCEMENT

struction Codes or Zoning Regulations do not fully apply, or or equipment deemed unsafe, and specifies the required
that an equally good or better form of construction can be repairs or improvements to be made to abate the unsafe con-
used. The appeal shall be filed within 15 days after the date dition or requires the unsafe structure to be taken down and
on which the stop work order is posted. removed within a stipulated time.
114.11.1 Action on Appeal. Within 10 business days after 115.4 Method of Service. The code official shall effect ser-
the date of receipt of the appeals form, the code official vice of a notice under this section by one of the following
shall affirm, modify, or reverse the previous action or methods:
decision. The decision of the code official shall be the final 1. Personal service on the owner, the owner’s agent or the
decision of the Department. If the code official denies the person in control of the structure;
appeal, or does not act upon the appeal within the ten-busi-
ness day period, the decision will be deemed affirmed and 2. By electronic mail to the last-known electronic mail
the claimant may appeal the matter directly to the Office address of the person or business to be notified, pro-
of Administrative Hearings, except to the extent that a vio- vided that a copy of the notice or order is posted in a
lation of the Zoning Regulations is alleged, in which case conspicuous place in or about the structure affected by
the claimant shall appeal the action to the Board of Zoning such notice;
Adjustment pursuant to D.C. Official Code § 6-641.07 3. Delivering the notice to the last known home or busi-
(2012 Repl.). ness address as identified by the tax records, the busi-
114.11.2 Stay of Action. The filing of an appeal does not ness license address, or the corporate registration
stay the effect of a stop work order. address of the person or business to be notified and
leaving it with a person over the age of 16 years old
residing or employed therein;
SECTION 115 4. Mailing the notice or order, via first class mail postage
UNSAFE STRUCTURES AND EQUIPMENT prepaid to the last known home or business address, as
115.1 Conditions. All buildings or other structures or exist- identified by the tax records address, the business
ing equipment that are or hereafter become abandoned, dete- license address or the corporate registration address, of
riorated, unsafe, unsanitary, or deficient because of the person or business to be notified; or
inadequate means of egress facilities, inadequate light and 5. If the notice is returned as undeliverable by the Post
ventilation, or which constitute a fire hazard, or are otherwise Office authorities, or if no address is known or can be
dangerous to human life or the public welfare, or that involve ascertained by reasonable diligence, by posting a copy
illegal or improper use, or occupancy or inadequate mainte- of the notice or order in a conspicuous place in or about
nance, shall be deemed an unsafe condition. Unsafe struc- the structure affected by such notice.
tures shall be taken down and removed or made safe and
secure, as the code official deems necessary pursuant to this 115.5 Disregard of Unsafe Notice. The notice of unsafe
section or pursuant to other laws, including, but not limited structure shall require the person served with the notice to
to, D.C. Official Code §§ 42-3131.01 et seq. (2012 Repl.) or comply with the requirements of the order to abate the unsafe
42-3171.01 et seq. (2012 Repl.) and D.C. Official Code § 6- condition within a specified time. Upon the refusal or neglect
801 et seq. (2012 Repl.). A vacant building, unguarded or of the person served with an unsafe notice to comply with the
open at door or window, shall be deemed a fire hazard and requirements of the order to abate the unsafe condition, the
unsafe within the meaning of the Construction Codes. code official may notify the Office of the Attorney General
for the District of Columbia of all the facts and may request
115.1.1 Prohibited Entry. When a vacant building or initiation of appropriate legal action to compel compliance
other structure is deemed to be unsafe, pursuant to Section with the order or pursue any other remedies authorized by
115.1, the code official shall cause to be posted at each law or regulation.
entrance to such building or other structure a notice that
115.5.1 Costs of Abatement. Where the owner, operator
the structure is unsafe and that its use or occupancy has
or occupant of a premises, including any buildings, other
been prohibited. It shall be unlawful for any person to
structures, or equipment, deemed unsafe by the code offi-
enter such building or other structure except for the pur-
cial fails to abate such unsafe condition following notice
pose of making the required repairs or demolishing it.
as prescribed in Section 113, the code official may cause
115.2 Examination and Record of Damaged Structure. such condition to be corrected and assess the costs of any
The code official shall examine every premises, including any corrective action, and all expenses incident thereto, as a
building or other structure, reported as dangerous, unsafe tax against the property in accordance with Section 113.5.
structurally, or constituting a fire hazard, and shall maintain a Nothing herein shall be deemed to preclude or negate any
record of unsafe premises, including any buildings or other other penalties or remedies set forth in Section 113, or to
structures, stating the use of the structure, and the nature and preclude conversion of a special assessment lien to an
estimated amount of damages, if any, caused by collapse or administrative judgment, enforceable in the same manner
failure. as any other civil judgment under District of Columbia
115.3 Notice of Unsafe Structure or Equipment. If any law, as authorized by D.C. Official Code § 42-3131.01.
unsafe condition is found, the code official shall serve a writ- 115.6 Other Laws. The provisions of Section 115 shall not
ten notice that describes the condition, identifies the structure be deemed to nullify any other provisions of local law gov-

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erning removal, demolition or repair of unsafe structures, except for the purpose of securing the structure, making the
including, but not limited to, the provisions of D.C. Official required repairs, removing the hazardous condition or of
Code § 6-801 et seq. (2012 Repl.), D.C. Official Code §§ 42- demolishing the same.
3131.01 et seq. (2012 Repl.) or 42-3171.01 et seq. (2012
116.2 Temporary Safeguards. Whenever, in the opinion of
Repl.), and 14 DCMR § 115.
the code official, there is imminent danger due to an unsafe
115.6.7 Special Provisions Applicable to Residential condition, the code official shall order the necessary work to
Premises. be done, including the boarding up of openings, to render
115.6.7.1 Copies of Notices and Orders. The code such structure temporarily safe whether or not the legal pro-
official shall provide tenants of residential premises cedure herein described has been instituted; and shall further
with copies of notices and orders issued pursuant to cause such other action to be taken as the code official deems
Section 115 in accordance with Section 113.2.1.3. The necessary to meet such emergency.
code official shall not be subject to any other tenant 116.3 Closing Streets. When necessary for the public safety,
notification provisions, except as expressly set forth in the code official is authorized to temporarily close sidewalks,
Section 113.2.1.3. streets, buildings, other structures, and places adjacent to
115.6.7.2 Building Closures. The code official is such unsafe structure, and prohibit them from being used.
authorized to order tenants or occupants of residential 116.4 Emergency Repairs. For the purposes of this section,
premises to vacate the premises within a time sufficient the code official shall employ the necessary labor and materi-
to allow the owner to comply with an order to close and als to perform the required work as expeditiously as possible.
barricade the premises, provided that tenants shall be
given at least five calendar days to vacate the premises. 116.5 Costs of Emergency Repairs. Where the code official
If any tenant or occupant fails to vacate the premises causes emergency work to be done pursuant to Section 116.2
within the time period set forth in the notice or order, or Section 116.4, the costs incurred in the performance of
subject to the appeal provisions of Section 112.2.3, the emergency work, and expenses incident thereto, shall be paid
code official is authorized to order the removal of the from appropriations of the District of Columbia on certifica-
tenants or occupants. tion of the code official and shall be assessed as a tax against
the property on which the emergency work or repairs were
115.6.7.3 Other Rental Housing Provisions. The performed, carried as a tax on the regular tax rolls, and col-
removal of tenants from unsafe residential premises, or lected in the same manner as real estate taxes are collected.
the service of an order to vacate, pursuant to this Sec- Nothing herein shall be deemed to preclude conversion of a
tion 115 shall not be considered an eviction or notice to special assessment lien to an administrative judgment,
vacate under D.C. Official Code § 42-3505.01. Not- enforceable in the same manner as any other civil judgment
withstanding the foregoing, nothing herein shall be under District of Columbia law, as authorized by D.C. Offi-
construed to nullify or abrogate any other rights to cial Code § 42-3131.01.
which a tenant is entitled under District laws or regula-
tions, including relocation assistance, the right to reoc- 116.5.1 Additional Costs of Emergency Repairs. Costs
cupy the rental unit following rehabilitation, or the of emergency repairs shall also be deemed to include, but
right to pursue rights and remedies under D.C. Official are not limited to, costs associated with cleaning the prem-
Code, Title 42, Chapter 34. ises to comply with the Construction Codes, utility
removal or disconnection costs, court costs, fines, and
penalties. If the code official determines that no other shel-
SECTION 116 ter is available to tenants or occupants removed from resi-
EMERGENCY MEASURES dential premises pursuant to Section 116, the code official
116.1 Imminent Danger. The code official is hereby autho- has discretion to assess all expenses incident to tenant
rized and empowered to order and require the occupants to relocation as a cost of emergency repairs, including, but
vacate the premises forthwith when, in the opinion of the not limited to, temporary housing, security deposits and
code official: there is imminent danger of failure or collapse the first month’s rent if required.
of a building or other structure which endangers life; or when 116.6 Special Provisions Applicable to Residential Prem-
the health or safety of occupants of the premises or those in ises.
the proximity of the premises is immediately endangered by
116.6.1 Copies of Notices and Orders. The code official
an unsanitary condition or the operation of defective or dan-
shall provide tenants of residential premises with copies of
gerous equipment; or when any structure or part of a struc-
notices and orders issued pursuant to Section 116 in accor-
ture has fallen and life is endangered by the occupation of the
dance with Section 113.2.1.3. The code official shall not
structure; or when there is actual or potential danger to the
be subject to any other tenant notification provisions,
building occupants or those in the proximity of any structure
except as expressly set forth in Section 113.2.1.3.
because of explosives, explosive fumes or vapors, or the pres-
ence of toxic fumes, gases or materials. The code official 116.6.2 Building Closures. Where the code official posts
shall cause to be posted at each entrance to such structure a a closure or imminently dangerous notice or order pursu-
notice reading as follows: “This Structure Is Unsafe and Its ant to Section 116, the code official is authorized to order
Occupancy Has Been Prohibited by the [code official].” It all tenants or occupants to vacate the imminently danger-
shall be unlawful for any person to enter such structure ous structure or dwelling unit. The notice or order shall

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include the time by which the premises must be vacated, Exception: Existing buildings and other structures in
provided that tenants and occupants shall be given at least Group R-3, buildings under the jurisdiction of the Resi-
24 hours to vacate, unless the code official determines that dential Code, and dwelling units in Group R-2 buildings.
tenants and occupants must leave the premises immedi-
ately for their personal safety. If any tenant or occupant
fails to vacate the structure or unit within the time speci- SECTION 118
fied in the notice or order, the code official is authorized to ADDRESSES OF PREMISES
order removal of the tenant or occupant from the structure 118.1 Purpose. The purpose of the provisions of Section 118
or unit. shall be: (a) to establish a formal, legally based District of
116.6.1 Other Rental Housing Provisions. The removal Columbia-wide system of assigning addresses to premises in
of tenants from imminently dangerous premises, or the order to facilitate their identification; (b) to facilitate protec-
service of an order to vacate, pursuant to this Section 116 tion of the public health and safety by enabling a quicker
shall not be considered an eviction or notice to vacate response time by police, fire, ambulance, and other emer-
under D.C. Official Code § 42-3505.01. Notwithstanding gency services; (c) to provide for the efficient delivery of
the foregoing, nothing herein shall be construed to nullify public services, including building inspections, health inspec-
or abrogate any other rights to which a tenant is entitled tions, property mapping, and property tax administration; and
under District laws or regulations, including relocation (d) to establish the minimum requirements for providing
assistance, the right to reoccupy the rental unit following street numbers on premises.
rehabilitation, or the right to pursue rights and remedies 118.2 Administration. The code official shall administer the
under D.C. Official Code, Title 42, Chapter 34. provisions of Section 118, including, but not limited to: (a)
116.7 Appeals. Imminent danger notices and orders, and assigning addresses and approving the naming of new private
other orders and notices issued pursuant to Section 116, are streets within the District of Columbia; and (b) designating
appealable to OAH pursuant to Section 112.2.1, but any the street number of all premises, new and existing. Street
appeal shall not stay the enforcement of the notice or order. numbers are required on all lots and buildings, new and exist-
Any person ordered to take emergency measures or actions ing, and the code official shall have authority to approve all
shall comply with such order forthwith. The expedited hear- street number assignments on any premises. The code official
ing procedures set forth in Section 112.2.3 shall not apply to is also authorized to order changes in the numbering of any
orders and notices issued pursuant to Section 116. premises previously numbered if it is determined that the
street number being used may endanger the public health and
safety. A building or other structure fronting more than one
SECTION 117 street or avenue shall be assigned a street number based on
POSTING STRUCTURES the location of the face of the building or other structure con-
117.1 Occupant Load. Occupant load signs shall be posted taining the main entrance.
in accordance with Section 1004.3. Rooms or spaces which 118.3 Responsibility. When a street number is assigned to a
have multiple use capability shall be posted for the occupant premises, the owner of a premises shall provide and maintain
loads of all such uses. the street number in compliance with these requirements. A
117.1.1 Occupant Load Calculations. The occupant load premises that is required to have a street number and does not
calculations shall be determined in accordance with Sec- comply with the requirements of this section shall not be
tion 1004. occupied.

117.2 Live Loads Posted. Where the live loads for which 118.4 Definitions. The following words and terms are
each floor or portion thereof of a commercial or industrial defined in Chapter 2.
building is or has been designed to exceed 50 psf (2.40 kN/ ADDRESS RANGE.
m2), such design live loads shall be conspicuously posted by ALLEY.
the owner in that part of each story in which they apply, using
durable signs of an approved, legible, permanent design. It BLOCK FACE.
shall be unlawful to remove or deface such notices. LOT.
117.3 Installation of Signs. Before approval of a final MAIN ENTRANCE.
inspection pursuant to Section 109.3.14, all signs required by
Section 117 shall have been installed. PRIMARY ADDRESS.

117.4 Periodic Inspection. The code official is authorized to PRIVATE THOROUGHFARE.


periodically inspect all existing buildings and other structures PUBLIC THOROUGHFARE.
for compliance with the law in respect to posting, or the code RECORD LOT.
official is authorized to accept the report of such inspection
from an approved licensed professional engineer or architect. SECONDARY ADDRESS.
Such inspection and report shall specify any violation of the STANDARDIZED ADDRESS.
requirements of the Construction Codes in respect to the
posting of floor load, occupant load, and use group of the STREET.
building. STREET NAME.

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STREET NUMBER. 118.6.2. When a record lot is vacant, but within an exist-
STREET NUMBER SUFFIX. ing tax lot that contains a building or other structure, the
vacant record lot shall be assigned the same street number
STREET QUADRANT. as the tax lot.
STREET SEGMENT. 118.6.3. Every building or other structure with an entrance
STREET TYPE. from a public or private street, or from a named alley shall
TAX LOT. have an assigned street number.
UNIT NUMBER. 118.6.4. Every lot and every building shall have either a
street number or a unit-number depending upon whether
UNIT TYPE. or not it has a separate entrance fronting onto a public or
ZIP CODE. private street.
ZIP PLUS FOUR. 118.6.5. No addresses shall be assigned to any driveway.
118.5 Addressing Rules General. The address for a building or other structure with a drive-
way shall reflect the name and the numbering sequence of
118.5.1. The District of Columbia has an existing street the street to which the driveway is connected.
addressing and street naming scheme that is historic in
nature. To the greatest extent possible, this Section 118 118.6.6. No street number shall be assigned to a premises
seeks to maintain that scheme while eliminating condi- that has as its only access an unnamed street or alley. If an
tions created over time that are detrimental to the public address is required for a premises, the street or alley shall
safety and welfare of the citizens of the District of Colum- first be named according to the process described in Sec-
bia. tion 118.11.
118.5.2. The existing pattern of alphabetically named and 118.6.7. Assigned street numbers shall be determined
numbered streets found in the central jurisdictions of the based upon the block face’s address range, the location of
District of Columbia shall be maintained. the main entrance and the existing street numbers that are
assigned within that block face.
118.5.3 When facing a quadrant dividing line (North Cap-
itol Street, East Capitol Street, South Capitol Street or the 118.6.8. Street numbers shall be logically and spatially
Mall), the even number addresses are on the right side of consistent, increasing in numeric order from the low num-
the street and the odd numbers are on the left side of the ber end of the block face to the high end of the block face.
street. Diagonal streets have even and odd sides that match 118.6.9. Street numbers shall be assigned in accordance
the parity of the grid direction they most closely resemble; with the parity (odd/even) designation for the block face.
those at 30° angles are generally addressed as East-West, Even numbers shall not be used in the odd-sequenced side
those at 60° are considered North-South. The 45° angle of a street, nor shall odd numbers be used on the even side
streets are variable, and should be maintained in their cur- of a street.
rent form.
118.6.10. If a street segment exists where both odd and
118.5.4. Address ranges are determined based on a pro- even numbers exist on both sides of the street, or where
gression from the point of origin, which is the United only one side contains addresses, and both odd and even
States Capitol, and the four quadrant dividing lines listed numbers have been used, the code official shall issue a
in Section 118.5.3. Each standard block was initially given street number that is logically consistent with the numbers
an address range of one hundred (100), progressing out- on adjoining premises.
ward from the Capitol. Streets that commence away from
the quadrant dividing lines are examined and the ranges 118.6.11. No street number shall be assigned that dupli-
determined based upon the surrounding streets. cates the number for any existing premises on the same
named street.
118.5.5. Address ranges shall not overlap or create any
opportunities for the assignment of duplicate addresses on 118.6.12. No new street number shall be assigned that
a given street within a single quadrant. Similarly, there contains a letter designation (e.g., 112A Vermont Ave-
should be limited or no gaps in the address ranges if the nue).
street to which the ranges are applied is continuous. 118.6.13. The code official is authorized to maintain an
118.5.6. Breaks in address ranges may occur where a existing fraction if there is no available street number in
street with a given name is broken into distinct segments the address sequence for the block in which the address is
by a park, water body, or other impediment. In these cases, located. The fraction shall be stored in the STREET
the integrity of the address grid shall be maintained, and a NUMBER SUFFIX field.
gap in the range created, to signify the break in the street’s 118.6.14. Existing letter designations shall be maintained
continuity. in the STREET NUMBER SUFFIX field or UNIT NUM-
118.6 Street Number Assignment. BER field rather than as part of the street number field.
118.6.1. Every lot that is legally capable of supporting a 118.6.15. No street number shall be assigned to a pro-
building or other structure shall have an address regardless posed building or other structure on multiple lots or for a
of whether the lot is occupied or vacant. location where the subdivision process is incomplete.

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ADMINISTRATION AND ENFORCEMENT

118.6.16. The code official shall hear and consider readable from a public thoroughfare if, under the circum-
requests for changes in street numbers for existing stances, this requirement would be impracticable and the
addresses. approved street numbers are placed in a position to be
118.6.16.1. The code official is authorized to change plainly legible and visible from the private thoroughfare
street numbers where there are duplicates, or where the fronting the premises.
street number is out of sequence, or on the opposite 118.8 Street Number Suffixes.
side of the street in terms of parity (odd number found 118.8.1. New street number suffixes shall not be assigned.
on the even-numbered side, or vice-versa).
118.8.2. Street number suffixes assigned and used prior to
118.6.16.2. The code official is authorized to change December 26, 2008, shall be phased out by the code offi-
street numbers where existing numbers contain a frac- cial where possible, substituting a standard format street
tion or a letter suffix, and there is sufficient space in the number with or without a unit number.
existing number range for the block-face to support
renumbering to remove the fraction and/or letter suffix. 118.8.3. Where an existing street number suffix cannot be
changed, it shall be placed in the STREET NUMBER
118.6.17. The code official shall not change an existing
SUFFIX field.
address to one that is not consistent with the addressing
structures, parity and sequences that already exist. 118.9 Street Names General.
118.6.18. The code official is authorized to assign second- 118.9.1. No street shall be given a name that duplicates or
ary addresses as the code official deems appropriate sub- nearly duplicates the name of a then-existing or previously
ject to the provisions of Section 118.5 and Section 118.6. existing street within the same quadrant of the District of
Columbia.
118.7 Street Number Display. Each premises to which a
street number has been assigned shall have the number dis- 118.9.2. No street shall be given a name that, when spo-
played in conformance with the requirements provided in ken, sounds like the name of a then-existing or previously
Section 118.7 existing street within the jurisdiction of the District of
Columbia.
118.7.1 Main Entrance Location.
118.9.3. Street naming should follow the guidelines of the
118.7.1.1. The assigned street number shall be located
District of Columbia Addressing Standards.
directly over or near the main entrance in a position
easily observed and readable from the opposite side of 118.9.4. Street names may be changed according to the
a public thoroughfare. separate procedures for public and private street naming.
Historical and commonly used names for streets shall be
118.7.1.2. Multitenant buildings having separate exte-
maintained where possible, and linked to newer names
rior entrances with separate street numbers shall post
where necessary.
the assigned street numbers near each entrance in
accordance with this section. 118.10 Street Names of Public Thoroughfares. The code
official shall forward a recommendation on the names of pub-
118.7.1.3. In addition to posting the street number of
lic thoroughfares to the Council of the District of Columbia
the building or other structure in a position easily
for its action. Public thoroughfares shall be assigned names
observed and readable from the opposite side of the
by the Council of the District of Columbia pursuant to Sec-
public thoroughfare serving that entrance, the owner of
tion 401 of the Street and Alley Closing and Acquisition Pro-
a building or other structure located on a lot where the
cedures Act of 1982, effective March 10, 1983 [D.C. Law 4-
main entrance is not located at and fronting on a public
201; D.C. Official Code § 9-204.01 (2012 Repl.)].
thoroughfare, shall post the street number directly
above or near the main entrance. 118.11 Street Names of Private Thoroughfares.
118.7.2 Rear Entrance Location. If the rear of a prem- 118.11.1. A property owner, developer, surveyor, or plat
ises, to which a street number has been assigned, faces a proprietor shall make application to the code official for
public thoroughfare, the owner shall also place the street approval of a proposed street name of a new private thor-
number of the main entrance in a position easily observed oughfare.
and readable from the public thoroughfare serving the rear 118.11.2. Upon receipt of the street name application, the
of that premises. code official shall review the proposed name with the
118.7.3 Construction Sites Location. Street numbers addressing staff of the other agencies with street jurisdic-
shall be posted at construction sites in a position easily tion, and any other appropriate governmental agency.
observed and readable from any public thoroughfare serv- 118.11.3. The code official is authorized to recommend to
ing the construction site. the applicant a list of the existing approved street names
118.7.4 Size of Numbers. The minimum size of a street within the District of Columbia for the convenience of the
number shall be 3 inches (76 mm) high and 1/2 inch (13 applicant.
mm) wide and shall be in Arabic numerals on a contrast- 118.11.4. The code official shall approve the naming of
ing background. newly established private thoroughfares within the Dis-
118.7.5 Private Thoroughfares. The street number of a trict of Columbia, including private thoroughfares in pro-
premises located on a private thoroughfare need not be posed plats of condominium developments.

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118.11.5. The code official shall notify the applicant 118.12.5. The code official, the District Department of
within 30 days of the acceptance or rejection of the pro- Transportation and the E-911 Coordinator shall confer on
posed street name along with the reasons for the decision, recommended street names for all streets to ensure that no
if applicable. duplication occurs and that no streets with names that
sound alike, or could create confusion for the delivery of
118.11.6. The code official shall be the final arbiter of the
emergency and nonemergency services, are created.
street name for private thoroughfares.
118.12.6. The code official shall recommend changes in
118.11.7. Unnamed private thoroughfares shall be named street names where, in the code official’s opinion, a valid
when two or more addresses exist or are established on reason exists for the change of street name. Such reasons
such thoroughfares. If the existing addresses are num- include, but are not limited to:
bered off of the adjoining public thoroughfare, they shall
be changed to appropriate addresses using the street name 1. Duplicate street names;
of the private thoroughfare. 2. Confusion of street names that sound alike;
118.11.8. The owners shall be consulted before a name for 3. Street names that are extremely difficult to spell or
the private thoroughfare is selected and approved. The pronounce;
selection of a name for a private thoroughfare shall be
4. Streets that have more than one commonly used
coordinated with the District of Columbia Office of Plan-
name; and
ning, DDOT and any other appropriate governmental
agency. 5. Street names shall not be changed to reflect changes
in property ownership or for personal reasons of the
118.12 Administration of Assigned Addresses. adjoining owners.
118.12.1. The code official shall maintain a master file of 118.12.7. When a street name change or designation is
assigned addresses and maintain a master address mapping proposed, the code official shall provide notice to the
database. property owners abutting the street segment(s) to be
118.12.2. The code official shall be responsible for deter- named or changed. If the change is designed to remedy
mining whether an address is required for any premises or existing duplicate names or confusing names, the property
other condition. owners may be consulted on suggested names for the
street.
118.12.3. The code official is authorized to grant a waiver
of the provisions of Section 118, based upon the evidence 118.12.8. Before changing a street name, the code official
presented, if the code official finds that the waiver: shall consider the official street name as recorded on plats
and deeds of adjacent property, and the most accurate his-
1. Benefits the public health, safety and welfare; torical name of the street in question.
2. Does not create conflicts or duplicate addresses; and 118.12.9. The existing legal documents shall be of primary
3. Is in the best interest of the District of Columbia. consideration in determining the single street name when
two or more names are commonly used. Streets or alleys
118.12.4. The code official shall be responsible for assign- shall be changed or named pursuant to D.C. Official Code
ing a new address under the following conditions: § 9-204.01.
1. A new record lot is created through the subdivision 118.13 Final Inspection. Before approval of a final inspec-
process of the Subdivision Regulations of the Dis- tion pursuant to Section 109.3.14 for a building or other
trict of Columbia, or a tax lot is created through the structure, all addressing requirements, including the installa-
process of the Office of Tax and Revenue, and in tion of street numbers, shall be satisfied in accordance with
either case the lot is vacant; the requirements of Section 118.
2. A new building or other structure is constructed on a 118.14 Street Sign Specifications.
vacant lot; 118.14.1. All street signs shall meet the requirements of
3. The owner of a building or other structure with mul- Section 118.7.4 and the requirements of the District
tiple entrances to the exterior submits an application Department of Transportation.
that meets the requirements for secondary 118.14.2. DDOT shall provide standard street signs show-
addresses; ing the name of the street, the street type and street quad-
4. A new building or other structure is constructed on a rant and the starting number for the address range(s)
lot already containing one or more buildings or other associated with the thoroughfare segment for each public
structures that have addresses; thoroughfare at each intersection.
118.14.3. The owner of a private thoroughfare shall pro-
5. A new structure is constructed on a lot, street or
vide standard street signs showing the name of the street,
other parcel within the District of Columbia; or
the street type, and street quadrant and the starting number
6. An existing building or other structure is renovated for the range(s) associated with the street segment for each
to relocate the main entrance to a different street private thoroughfare, based on the approved street name
frontage. issued by the code official.

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118.14.4. Street name signs designating private thorough- vided in the Construction Codes Act and 12 DCMR A §
fares shall include the word “Private” or “PVT” on them 122.1.
to distinguish them from public thoroughfares. 122.2.1 Initiation and Review of Changes. Changes in
118.15 Compliance and Enforcement. The provisions of the Construction Codes may be proposed and initiated by
Section 118 shall be enforced by the code official, pursuant to and through the CCCB. The notice, review, evaluation,
the enforcement mechanisms set forth in Section 113. and rulemaking procedures of Section 122.2 shall be
applied to any proposed changes in the Construction
Codes, from whatever source.
SECTION 119
122.3 Official Copy. The official copy of the Construction
[RESERVED]
Codes is posted electronically on the website of the Secretary
of the District of Columbia, Office of Documents and Admin-
istrative Issuances.
SECTION 120
[RESERVED]
SECTION 123
SECTION 121 TRANSITORY PROVISIONS
[RESERVED] 123.1 Applicable Codes. The laws and regulations in force
on the date that a new edition of the Construction Codes are
adopted pursuant to Section 122, shall remain in effect for the
SECTION 122 purposes specified in Sections 123.1.1 through 123.1.4.
AMENDMENTS AND COPIES
123.1.1 Existing Valid Permit. Work authorized by a per-
122.1 Amendments, Supplements and Editions. All future mit issued before the effective date of the new edition of
amendments, supplements, and editions of the Construction the Construction Codes shall be allowed to be carried to
Codes shall be adopted only upon authority of the govern- completion, subject to the conditions of Sections 105.5
ment of the District of Columbia. The Mayor is authorized to and 105.6.
issue proposed rules to amend the Construction Codes and to
adopt new editions of and supplements to the International 123.1.2 Existing Filed Application. Applications for per-
Codes in whole or in part, pursuant to Title I of the District of mits for which the application filing deposit has been paid
Columbia Administrative Procedure Act, approved October before the effective date of the new edition of the Con-
21, 1968 [82 Stat. 1204; D.C. Official Code § 2-501 et seq. struction Codes, pursuant to Section 108.2.1.1, shall be
(2012 Repl.)] and pursuant to the Construction Codes Act, allowed to be processed to issuance of the permit, and any
D.C. Official Code § 6-1401 et seq. (2012 Repl.). The work authorized thereby shall be allowed to be carried to
Mayor’s authority thereunder has been delegated to the Con- completion, under the edition of the Construction Codes in
struction Codes Coordinating Board (“CCCB”) pursuant to effect on the date said applications were filed, subject to
Mayor’s Order 2009-22, dated February 25, 2009, as the following conditions:
amended. The proposed rules shall be submitted to the Coun- 1. Each such application shall have been filed accom-
cil for a 45-day period of review, excluding Saturdays, Sun- panied by plans and other information conforming
days, legal holidays, and days of Council recess. If the to Sections 106.1 and 106.1.1, sufficiently complete
Council does not approve or disapprove the proposed rules, in to allow processing of the permit without substantial
whole or in part, by resolution within this 45-day review change or deviation;
period, the proposed rules shall be deemed approved. The
rules shall not take effect until approved or deemed approved 2. Each such permit shall be paid in full and taken out
by the Council. by the applicant within one year after the effective
date of the new edition of the Construction Codes;
122.2 Amendment Procedure. Within a reasonable period
of time after publication of any subsequent edition of the 3. All work authorized by such permit shall be carried
International Codes, the CCCB shall: to completion under the terms of the permit; and
1. Review, revise and maintain the Construction Codes to 4. Permits granted under Section 123.1.2 shall not be
reflect the current state of the art in the construction extended if permitted to expire, pursuant to Section
industry; 105.5, or if revoked pursuant to Sections 105.6 and
105.6.1.
2. Review and evaluate all proposed changes and amend-
ments to the Construction Codes; 123.1.3 Existing Design Contracts. Buildings and other
structures under contract for design on the effective date
3. Submit for adoption, as proposed rulemaking through of the new edition of the Construction Codes, for which no
the Director, all revisions to the Construction Codes permit applications have been filed, shall be allowed to be
that are approved by the CCCB; and filed, processed to issuance of permit, and any work autho-
4. Publish, as final rulemaking through the Director, all rized thereby shall be allowed to be carried to completion,
revisions to the Construction Codes once they are under the previous edition of the Construction Codes, sub-
approved or deemed approved by the Council as pro- ject to the following conditions:

2013 DISTRICT OF COLUMBIA BUILDING CODE 49


ADMINISTRATION AND ENFORCEMENT

1. The applicant shall file the permit application, 5. Permits granted under Section 123.1.3 shall not be
accompanied by plans and other information con- extended if permitted to expire pursuant to Section
forming to Sections 106.1 and 106.1.1 of the new 105.5, or if revoked pursuant to Sections 105.6 and
edition of the Construction Codes, sufficiently com- 105.6.1.
plete to allow processing of the permit without sub-
stantial change or deviation, within one year after 123.1.4 Tenant Layout Permits. The work necessary to
the effective date of the new edition of the Construc- finish the interior layout of every tenant space of a build-
tion Codes; ing permitted under previous editions of the Construction
2. The applicant shall submit a copy of the design con- Codes for first occupancy of each such tenant space, shall
tract, with a notarized affidavit stating that the sub- be considered part of the completion of said building, and
mitted copy is a true and accurate copy of the the permits for such tenant work shall be allowed to be
contract for the design of the building or other struc- processed under the same edition of the Construction
ture, that the contract was in effect on or before the Codes as the base building permit, regardless of when the
effective date of the Construction Codes, and that
tenant layout project began.
the design submitted with the permit application was
made under such contract; 123.2 Violations or Infractions. The laws and regulations in
3. The permit shall be obtained and the permit fee paid force on the date that a new edition of the Construction Codes
in full by the applicant within one year after the fil- is adopted pursuant to Section 122 shall apply with respect to
ing date; violations or infractions committed prior to said date, whether
4. All work authorized by such permit shall be carried the prosecutions or adjudications of those violations of
to completion under the terms of the permit; and infractions are begun before or after said date.

50 2013 DISTRICT OF COLUMBIA BUILDING CODE

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