Chapter 14. Construction Codes.

Subchapter I. General Provisions.

§ 6–1401. Definitions.

For the purposes of this chapter, the term:

(1) "Building Code Official" means the Director of the Department of Buildings, or the Director’s designee.

(1A) "Business establishment" means an entity, however organized, that furnishes goods or services to the general public. An otherwise qualifying establishment that has membership requirements is considered to furnish services to the general public if its membership requirements consist only of the payment of fees or consist of requirements under which a substantial portion of the residents of the District could qualify.

(2) "Construction Codes" means the most recent edition of the codes published by the International Code Council, or by a comparable nationally recognized and accepted code development organization, as adopted and amended by the Construction Codes Supplement by the District pursuant to the procedures set forth in § 6-1409 and in Title 12 of the District of Columbia Municipal Regulations or any successor regulations; provided, that where the Construction Codes authorize work to be carried to completion under a previous edition of the Construction Codes, the term "Construction Codes" shall refer to that previous edition.

(3) "Construction Codes Supplement" means the additions, insertions, deletions, and changes to the Model Codes adopted by the District pursuant to § 6-1409.

(4) "Construction documents" mean all written, graphic, and pictorial documents prepared or assembled for describing the design, location, and physical characteristics of the elements of a project necessary for obtaining a permit.

(5) "Council" means the Council of the District of Columbia.

(6) "Department" means the Department of Buildings.

(6A) "Diaper-changing station" means a safe, sanitary baby-changing station, deck, table, or similar amenity that is intended for use by the public for the purpose of changing diapers on children.

(7) "Director" means the Director of the Department of Buildings, or the Director’s designee.

(8) "District" means the District of Columbia.

[(8A)] "District-occupied building" means a building that is owned, leased, acquired or constructed by the District for exclusive use and occupancy by a District agency, department, or instrumentality.

(9) "Fire protection systems" means the devices, equipment, and systems utilized to detect a fire, activate an alarm, or suppress or control a fire, or any combination thereof.

(10) "Model Codes" means the codes published by the International Code Council, or by a comparable nationally recognized and accepted code-development organization, that are adopted by the District pursuant to § 6-1409.

(11) "Project" means construction that is all or a part of one development scheme, built at one time or in phases.

(11A) "Restroom" means an enclosed space containing one or more lavatories or urinals, and one or more sinks and other plumbing fixtures.

(11B) "Substantially renovated" means the construction, alteration, or repair of restroom facilities where the work requires a permit and the cost of construction is $10,000 or more. The cost of construction includes the cost of labor and materials.

(12) " Third party plan reviewer" means a person certified by the Director to conduct a third party review of one or more components of construction documents and to certify compliance with the Construction Codes.

(Mar. 21, 1987, D.C. Law 6-216, § 2, 34 DCR 1072; June 25, 2002, D.C. Law 14-162, §§ 201(a)(1), (2), 49 DCR 4438; Oct. 1, 2002, D.C. Law 14-190, § 302(a), 49 DCR 6968; May 18, 2016, D.C. Law 21-118, § 5(a), 63 DCR 4645; Apr. 5, 2021, D.C. Law 23-269, § 501(h), 68 DCR 001490; Dec. 21, 2022, D.C. Law 24-213, § 2(a), 69 DCR 13995.)

Prior Codifications

1981 Ed., § 5-1301.

Section References

This section is referenced in § 7-1710, § 7-2004, § 25-504, and § 47-2861.

Effect of Amendments

D.C. Law 14-162 added par. (3A); and in par. (4), substituted “Model Codes, the Building Rehabilitation Code,” for “Model Codes,”.

D.C. Law 14-190 added pars. (3A) and (10A).

Applicability

Section 7276 of D.C. Law 24-45 repealed the applicability provision of section 601 of D.C. Law 23-269 that impacted this section. Therefore the amendment of this section by Law 23-269 has been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 302(a) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 days) addition of provisions concerning new construction minimum standards of visitability for persons with disabilities, see §§ 2-12 of the Visitability Requirements Emergency Act of 2012 (D.C. Act 19-636, January 25, 2013, 60 DCR 2048).

Short Title

Short title of title III of Law 14-190: Section 301 of D.C. Law 14-190 provided that title III of the act may be cited as the Construction Codes Amendment Act of 2002.

References in Text

“This act,” referred to in paragraphs (3), (4), (6)(A) through (6)(G), (8) through (11), (13), and (14), is D.C. Law 6-216.

Editor's Notes

Section 301 of D.C. Law 14-162 provided: “Pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), the Mayor may issue rules to implement the provisions of this act.”

Mayor's Orders

Establishment of Building Code Advisory Committee: See Mayor’s Order 89-257, November 7, 1989.

Delegation of Authority

Delegation of Authority Pursuant to DC Law 6-100, the “Litter Control Administration Act of 1985;” DC Law 6-42, the “Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985;” DC Law 5-165, the “DC Air Pollution Control Act of 1984;” DC Law 13-172, the “Rodent Control Act of 2000;” and DC Law 6-126, the “Construction Codes Approval and Amendments Act of 1986”, see Mayor’s Order 2002-5, February 1, 2002 ( 49 DCR 911).

§ 6–1402. Approval.

The Council approves the Construction Codes pursuant to the procedures set forth in § 6-1409.

§ 6–1403. Scope.

(a) The Construction Codes shall control:

(1) Matters concerning the construction, reconstruction, alteration, addition, repair, removal, demolition, use, location, equipment, occupancy, and maintenance of all buildings, structures, and premises in the District, whether existing or proposed, including any appurtenances connected or attached to a building or structure;

(2) The construction, prefabrication, alteration, repair, use, occupancy, and maintenance of detached 1-family or 2-family dwellings not more than 3 stories in height, and their accessory structures;

(3) The design, construction, installation, maintenance, alteration, conversion, change, repair, removal, and inspection of electrical conductors, equipment, and systems in buildings or structures and on public space within the District for the transmission, distribution, and use of electrical energy for power, heat, light, radio, television, signaling, or other purposes;

(4) The design, installation, maintenance, alteration, and inspection of mechanical systems, including heating systems, ventilating systems, cooling systems, steam and hot-water heating systems, water heaters, process piping, boilers and pressure vessels, appliances using gas, liquid, or solid fuel, chimneys and vents, mechanical-refrigeration systems, fireplaces, barbecues, incinerators, crematories, and air-pollution systems;

(5) In addition to their respective connections, devices, and appurtenances, the design, installation, alteration, repair, replacement, relocation, removal, use, or maintenance of plumbing equipment, systems, and materials, including water supply and distribution pipes, plumbing fixtures and traps, water-treating or water-using equipment, soil, waste, and vent pipes, sanitary and storm sewers, and building drains;

(6) The design, construction, installation, erection, alteration, repair, relocation, replacement, quality of materials, location, operation, use, or maintenance of fuel-gas systems, distribution piping and equipment, and fuel-gas-fired appliances;

(7) Minimum requirements to safeguard life, property, or public welfare from the hazards of fire and explosion arising from the storage, handling, or use of substances, materials, and devices, and from conditions hazardous to life, property, or public welfare in the use or occupancy of buildings, structures, sheds, tents, lots, or premises;

(8) Minimum maintenance standards for all structures and premises with regard to basic equipment and facilities for light, ventilation, space heating, and sanitation, safety from fire, space, use, and location, safe and sanitary maintenance of all structures and premises now in existence, minimum requirements for all existing buildings and structures for means of egress, fire protection systems, and other equipment and devices necessary for life safety from fire, and the rehabilitation and reuse of existing structures, allowances for differences between application of the Construction Code requirements to new construction, alterations, and repairs, and fixing the responsibilities of owners, operators, and occupants of all structures;

(9) The design and construction of energy-efficient building envelopes and the installation of energy-efficient heating, ventilating, air conditioning, service-water heating, electrical distribution and illuminating systems, and equipment;

(10) Minimum standards for physical things and conditions essential to safeguard the environment, public health, safety, and general welfare through the establishment of requirements to reduce the negative impact and increase the positive impact of the built environment on the natural environment and building occupants; and

(11) The design, construction, installation, quality of materials, location, and maintenance, or use of aquatic vessels, and related mechanical, electrical, and plumbing systems.

(b) The Construction Codes may also control the construction, reconstruction, alteration, addition, repair, removal, demolition, use, location, equipment occupancy, and maintenance of interior signs or other items as specified in the Construction Codes;

(c) The Construction Codes shall apply to those buildings occupied by or for any foreign government as an embassy or chancery to the extent provided for in § 6-1306.

(d)(1) Except for permit requirements for land-disturbing activities, the Construction Codes shall not apply to public buildings or premises owned by the United States government, including appurtenant structures and portions of buildings, premises, or structures that are under the exclusive control of an officer of the United States government in the officer’s official capacity.

(2) For the purpose of this subsection, "exclusive control" does not include a lessor if the lessor is responsible for the maintenance and repairs to property leased to the United States government.

(e) No permit required under the Construction Codes shall be issued if it is determined by the Building Code Official that:

(A) The permit affects an area in close proximity to the official residence of the President or the Vice President of the United States; and

(B) The United States Secret Service has established that the issuance of the permit would adversely impact the safety and security of the President or the Vice President of the United States.

(Mar. 21, 1987, D.C. Law 6-216, § 4, 34 DCR 1072; Jan. 30, 1990, D.C. Law 8-58, § 2, 36 DCR 7382; Feb. 27, 1990, D.C. Law 8-70, § 2, 36 DCR 7744; Feb. 5, 1994, D.C. Law 10-68, § 14, 40 DCR 6311; Aug. 26, 1994, D.C. Law 10-166, § 2, 41 DCR 4892; Apr. 27, 2013, D.C. Law 19-289, § 3(a), 60 DCR 2328; May 18, 2016, D.C. Law 21-118, § 5(b), 63 DCR 4645.)

Prior Codifications

1981 Ed., § 5-1303.

Effect of Amendments

The 2013 amendment by D.C. Law 19-289 substituted “interior signs, advertising devices” for “signs, advertising devices” in (a)(1).

Applicability

Section 5 of D.C. Act 25-221 provided that the amendments to this section by § 3 of D.C. Act 25-221 shall apply as of November 2, 2022.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3(b)(1) of Sign Regulations Amendment Act of 2024 (D.C. Act 25-541, July 26, 2024, 71 DCR 9963).

For temporary (90 days) amendment of this section, see § 3(b)(1) of Sign Regulations Second Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-348, Jan. 4, 2024, 71 DCR 663).

For temporary (90 days) amendment of this section, see § 3(b)(1) of Sign Regulations Emergency Amendment Act of 2023 (D.C. Act 25-221, Oct. 5, 2023, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 3(b)(1) of Sign Regulations Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-10, Feb. 1, 2023, 00 DCR 00).

For temporary (90 days) amendment of this section, see § 3(b)(1) of Sign Regulations Emergency Amendment Act of 2022 (D.C. Act 24-625, Nov. 2, 2022, 0 DCR 0).

For temporary (90 day) amendment of section, see § 3(a) of the Sign Regulation Emergency Amendment Act of 2012 (D.C. Act 19-387, July 11, 2012, 59 DCR 8491).

For temporary amendment of (a)(1), see § 3(a) of the Sign Regulation Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-499, October 26, 2012, 59 DCR 12749), applicable after the Mayor’s issuance of a comprehensive final rulemaking governing signs on public space and private property, and with the condition that any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.

Temporary Legislation

For temporary (225 days) amendment of this section, see § 3(b)(1) of Sign Regulations Temporary Amendment Act of 2023 (D.C. Law 25-98, Dec. 20, 2023, 70 DCR 14512).

For temporary (225 days) amendment of this section, see § 3(b)(1) of Sign Regulations Temporary Amendment Act of 2022 (D.C. Law 24-269, Feb. 23, 2023, 69 DCR 14752).

Section 3(a) of D.C. Law 19-181 amended (a)(1) to read as follows:

“(a) The Construction Codes shall control:

“(1) Matters concerning the construction, reconstruction, alteration, addition, repair, removal, demolition, use, location, occupancy, and maintenance of all buildings, structures, interior signs, advertising devices, and premises in the District and applies to existing or proposed buildings and structures.”

Section 8 of D.C. Law 19-181 provided that any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.

Section 9 of D.C. Law 19-181 provided that sections 3, 4, 5, 6, and 7 of the act shall apply upon the Mayor’s issuance of a comprehensive final rulemaking governing signs on public space and private property pursuant to section 2 of the act.

Section 11(b) of D.C. Law 19-181 provided that the act shall expire after 225 days of its having taken effect.

§ 6–1403.01. Construction Codes database. [Repealed]

Repealed.

(Mar. 21, 1987, D.C. Law 6-216, § 4a; as added June 25, 2002, D.C. Law 14-162, § 101, 49 DCR 4438; Apr. 27, 2013, D.C. Law 19-289, § 3(b), 60 DCR 2328.)

Section References

This section is referenced in § 6-1410.

Emergency Legislation

For temporary (90 day) repeal of section, see § 3(b) of the Sign Regulation Emergency Amendment Act of 2012 (D.C. Act 19-387, July 11, 2012, 59 DCR 8491).

For temporary repeal of section, see § 3(b) of the Sign Regulation Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-499, October 26, 2012, 59 DCR 12749), applicable after the Mayor’s issuance of a comprehensive final rulemaking governing signs on public space and private property, and with the condition that any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.

Temporary Legislation

Section 3(b) of D.C. Law 19-181 repealed this section.

Section 8 of D.C. Law 19-181 provided that any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.

Section 11(b) of D.C. Law 19-181 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Section 3(b) of D.C. Law 19-289 repealed this section.

Section 9 of D.C. Law 19-289 provided: “Any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.”

Section 10 of D.C. Law 19-289 provided: “Applicability. Sections 3, 4, 5, 6, 7, and 8 shall not apply until the Mayor’s issuance of a comprehensive final rulemaking governing signs on public space and private property pursuant to section 2.”

§ 6–1404. Intent.

The Construction Codes shall be construed to secure their expressed intent, which is to ensure public safety, health, and welfare by regulating and governing the conditions and maintenance of premises, buildings, and structures, and mechanical, plumbing, fuel gas and electrical equipment and systems, including by providing standards for structural strength, energy and water conservation, accessibility to persons with disabilities, adequate egress facilities, sanitary equipment, light, ventilation, and fire safety, and the issuance of permits, and, in general, to secure safety to life and property from all hazards incident to the design, construction, erection, repair, removal, demolition, maintenance, use, and occupancy of buildings, structures, and premises, and related equipment and systems.

§ 6–1405. Conflicts.

(a) If conflict arises between the provisions of this chapter and the D.C. Supplement, the Model Codes, or their reference standards, the provisions of this chapter shall take precedence.

(b) If conflict arises between the D.C. Supplement, the Model Codes, and their reference standards:

(1) The provisions of the D.C. Supplement shall take precedence over the Model Codes and their reference standards, except as provided in paragraphs (2) and (3) of this subsection;

(2) The provisions of the BOCA Basic/National Existing Structures Code/1984, 1st Edition, and the CABO One and Two Family Dwelling Code, 1983 Edition, shall take precedence over the D.C. Supplement, other Model Codes, and their reference standards with regard to existing structures and Use Group R-4 buildings;

(3) The most stringent provisions of the BOCA Basic/National Existing Structures Code/1984, 1st Edition or the CABO One and Two Family Dwelling Code, 1983 Edition, shall take precedence when a building is both an existing structure and in Use Group R-4;

(4) The provisions of the 1985 Supplement to the BOCA Basic/National Building Code, Basic/National Fire Prevention Code, Basic/National Mechanical Code, and Basic/National Plumbing Code shall take precedence over the provisions of the other Model Codes that they amend; and

(5) The provisions of the Model Codes other than their reference standards shall take precedence over their reference standards.

§ 6–1405.01. Administration of construction regulations.

*NOTE: This section includes amendments by temporary legislation that will expire on November 21, 2024. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*

(a)(1) The Building Code Official is authorized to administer and enforce the provisions of this chapter, including provisions regarding the Construction Codes, building permits, and certificates of occupancy, and all regulations issued pursuant to this chapter.

(2) In regulating and enforcing building permits and certificates of occupancy, the Building Code Official shall require an employer, as that term is defined in § 32-1501(10), to produce proof of Workers’ Compensation insurance coverage before the issuance of a construction permit.

(2A)(A) The Building Code Official shall require, for permits covered pursuant to subparagraph (B) of this paragraph, that the property owner, contractor, or person applying for the permit ("applicant"):

(i)(I) Demonstrate, to the satisfaction of the Building Code Official, that his or her insurance includes coverage against claims for injuries to persons or damages to property from all adjacent and adjoining property owners and lawful occupants of the properties for risks of loss, damage to property, or injury to or death of persons arising out of or in connection with the performance of the work proposed to be performed under the permit.

(II) The insurance shall be in an amount per occurrence and in the aggregate as specified by the Mayor through rulemaking pursuant to subparagraph (D) of this paragraph; or

(ii)(I) If applicant's insurance is not sufficient to meet the requirements of sub-subparagraph (i) of this subparagraph, then the applicant must either amend his or her insurance policy so that the policy complies with sub-subparagraph (i) of this subparagraph or obtain additional insurance against claims for injuries to persons or damages to property from all adjacent and adjoining property owners and lawful occupants of the properties for risks of loss, damage to property, or injury to or death of persons arising out of or in connection with the performance of the work proposed to be performed under the permit.

(II) Additional insurance shall be of a kind and in an amount specified by the Mayor through rulemaking pursuant to subparagraph (D) of this paragraph.

(B) The following permits shall require insurance pursuant to subparagraph (A) of this paragraph; provided, that the requirements shall only apply to permits issued 30 days after the adoption of emergency or final rules issued by the Mayor pursuant to subparagraph (E) of this paragraph:

(i) An addition, alteration, and repair permit pursuant to which the applicant will be engaging in underpinning, construction at the property line or on the party wall of an adjacent or adjoining property, or any construction activity for which a permit listed under sub-subparagraph (iii), (iv), (v), (vi), (vii), or (viii) of this subparagraph would otherwise be required;

(ii) An alteration and repair permit pursuant to which the applicant will be engaging in underpinning, construction at the property line or on the party wall of an adjacent or adjoining property, or any construction activity for which a permit listed under sub-subparagraph (iii), (iv), (v), (vi), (vii), or (viii) of this subparagraph would otherwise be required;

(iii) A foundation permit;

(iv) A demolition permit;

(v) An excavation permit;

(vi) A new building permit;

(vii) A raze permit; and

(viii) A sheeting and shoring permit.

(C)(i) The applicant for a permit for which insurance is required under subparagraph (B) of this paragraph shall:

(I) Submit proof of insurance to the Department before the issuance of the permit;

(II) Demonstrate, on a form promulgated by the Department, that the insurance meets the requirements of subparagraph (A) of this paragraph; and

(III) Maintain the required insurance for the duration of the permit and any renewals of the permit. If the insurance expires, is cancelled, or otherwise terminates, the applicant shall immediately notify the Department, and, when applicable, provide proof of new or renewed insurance that satisfies the requirements of subparagraph (A) of this paragraph.

(ii)(I) If, at any time, the insurance required by this paragraph is found to be absent or non-compliant by the Building Code Official, the Department shall issue a stop work order relating to the permit for which insurance is required.

(II) The stop work order shall remain in place until the permit holder provides proof of new or renewed insurance that satisfies the requirements of this paragraph.

(D) For purposes of this section, the term:

(i) "Adjacent property" means any privately held property (all or a portion thereof) within 30 feet of a property line of the real property for which the permit is applied; provided, that the adjacent property is separated by an alley or public space from the real property for which the permit is applied.

(ii) "Adjoining property" means any privately held real property that shares a property line with real property for which the permit is applied.

(E)(i) The Mayor shall issue rules to implement this paragraph, pursuant to the authority provided in § 6-1409.

(ii) Rules issued pursuant to this subparagraph shall consider current standard construction insurance rates from at least 6 insurance providers licensed and registered with the Department of Insurance, Securities and Banking to determine appropriate rates of insurance for applicable construction permits in subparagraph (B) of this paragraph. Rates collected from providers pursuant to this subparagraph shall be published in the notice of rulemaking.

(3) The Building Code Official shall seek to assure that all buildings, structures, and premises in the District are in full compliance with the Construction Codes adopted pursuant to this chapter and all zoning provisions in subchapter IV of Chapter 6 of this title, and regulations issued pursuant to those acts.

(4) The Building Code Official shall seek to administer all building permits, certificates of occupancy, and other provisions of this chapter and regulations issued pursuant to this chapter in a manner that is fair, efficient, predictable, readily adaptable to new technologies, consumer-oriented, devoid of unnecessary time delays and other administrative burdens, cost-effective, and directed at enhancing the protection of the public health, welfare, safety, and quality of life.

(b)(1) The Building Code Official may enforce the regulations issued pursuant to this chapter by means of covenants or agreements between the Department of Consumer and Regulatory Affairs and an affected party. All such covenants or agreements shall have the prior approval of the Office of the Attorney General for legal sufficiency and comply with all other applicable District and federal laws.

(2)(A) Where the Office of the Attorney General determines that under District law a covenant or agreement may require the review and approval of other District agencies, it shall notify the agencies and establish an inter-agency process for review, and, if required under District law, approval.

(B) The Building Code Official shall coordinate with the Office of the Attorney General relating to the time required for the review and recommendations by the Office of the Attorney General of any covenant or agreement proposed pursuant to this chapter.

(c) The Building Code Official shall have authority over the approval, installation, design, modification, maintenance, testing, and inspection of all new and existing fire protection systems.

(Mar. 21, 1987, D.C. Law 6-216, § 6a; as added Apr. 20, 1999, D.C. Law 12-261, § 3002, 46 DCR 3142; Oct. 1, 2002, D.C. Law 14-190, § 302(b), 49 DCR 6968; Dec. 7, 2004, D.C. Law 15-205, § 1103, 51 DCR 8441; Sept. 24, 2010, D.C. Law 18-223, § 2023, 57 DCR 6242; May 18, 2016, D.C. Law 21-118, § 5(d), 63 DCR 4645; Mar. 22, 2023, D.C. Law 24-339, § 2, 70 DCR 1575; Apr. 10, 2024, D.C. Law 25-155, § 2, 71 DCR 2091.)

Prior Codifications

1981 Ed., § 5-1305.1.

Effect of Amendments

D.C. Law 14-190 added subsecs. (c) and (d).

D.C. Law 15-205, in subsec. (a), substituted “occupancy, the Director shall require an employer, as that term is defined in § 32-1501(10), prior to the issuance of a construction permit to produce proof of Workers’ Compensation insurance coverage. The Director”. for “occupancy, the Director”.

D.C. Law 18-223 added subsec. (e).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of Protecting Adjacent and Adjoining Property Owners from Construction Damage Congressional Review Emergency Amendment Act of 2024 (D.C. Act 25-470, Apr. 25, 2024, 71 DCR 5046).

For temporary (90 days) amendment of this section, see § 2 of Protecting Adjacent and Adjoining Property Owners from Construction Damage Emergency Amendment Act of 2024 (D.C. Act 25-373, Jan. 25, 2024, 71 DCR 1209).

For temporary (90 day) amendment of section, see § 302(b) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) amendment of section, see § 1103 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 1103 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 203 of Fiscal Year 2010 Balanced Budget Support Emergency Act of 2010 (D.C. Act 18-450, June 28, 2010, 57 DCR 5635).

For temporary (90 day) amendment of section, see § 203 of Fiscal Year 2010 Balanced Budget Support Congressional Review Emergency Act of 2010 (D.C. Act 18-531, August 6, 2010, 57 DCR 8109).

For temporary (90 day) amendment of section, see § 2023 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of Protecting Adjacent and Adjoining Property Owners from Construction Damage Temporary Amendment Act of 2024 (D.C. Law 25-155, Apr. 10, 2024, 71 DCR 2091).

Section 203 of D.C. Law 18-222 added subsec. (e) to read as follows:

“(e) To the extent not authorized by paragraph 7 of the General Expenses titles of An Act making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirteenth, nineteen hundred and ten, and for other purposes, approved March 3, 1909 (35 Stat. 689; D.C. Official Code § 6-661.01), and notwithstanding section 10(a), the Mayor, from time to time, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may establish and revise fees and additional charges regarding the Construction Codes, building permits, and certificates of occupancy, without submission of the proposed rules to the Council for its prior review and approval.”.

Section 2002(b) of D.C. Law 18-222 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Land Use, Development, and Code Enforcement Amendment Act of 1998: Section 3001 of title III of D.C. Law 12-261 provided that this title may be cited as the “Land Use, Development, and Code Enforcement Amendment Act of 1998.”

§ 6–1405.02. Third party plan review.

(a) The Mayor shall allow qualified third party plan reviewers to review construction documents, or components of construction documents, and certify their compliance with the Construction Codes.

(b) The Mayor may promulgate rules to establish the minimum qualification requirements for third party plan reviewers, procedures for expedited review of construction documents certified by a third party plan reviewer, rules to ensure that a third plan party reviewer does not have any conflicts of interest, and other matters relating to the administration and oversight of third party plan reviewers; provided, that:

(1) A third party plan reviewer shall possess a valid license as an architect or professional engineer in the District pursuant to part A or J of subchapter I-B of Chapter 28 of Title 47.

(2) To maintain an appointment as a third party plan reviewer, a third party plan reviewer shall maintain the license required by paragraph § 6-1405.02(b)(1) of this subsection and recommend for submission construction permit applications and construction documents that consistently meet the requirements of the Construction Codes, as determined by a periodic detailed review by the Director of the documents for consistency and thoroughness.

(c) The Director shall have authority to revoke the certification of a third party plan reviewer for failure to comply with the requirements of this section or rules promulgated pursuant to this section.

(d)(1) To qualify to work as a third party plan reviewer on a project, the third party plan reviewer shall not be controlled by the owner of the project, or any person or entity with an ownership interest in the project, the general contractor, a subcontractor, or any person or entity responsible for the design, construction, or management of the project.

(2) The third party plan reviewer shall not serve or have served on the same project as an advisor or consultant to the owner or the design team in connection with Construction Codes matters for which the third party plan reviewer is providing plan review and certification services or provide inspection services for a project that the third party plan reviewer, or a related entity, has certified.

(e) A person or firm with which the person is affiliated as an owner or employee who has performed any work for a project, including preparing design plans for any construction documents or components of construction documents, including architectural and structural plans, mechanical plans, plumbing plans, and electrical plans, shall not be eligible to serve as a third party plan reviewer for the project.

(f)(1) The third party plan reviewer shall not enter into a contract to review a project if the individual determines that there may be a conflict with the qualifications specified in this section.

(2) The third party plan reviewer shall notify the Director for resolution in cases of doubtful interpretation.

(3) The third party plan reviewer shall disclose any potential conflicts of interest that may arise at any time between the third party plan reviewer and the project or parties connected to the project.

(g) The Director shall resolve disputes on conflict matters and the decision of the Director shall be final.

(h) The Director shall maintain a tracking system to monitor the recommendations of third party plan reviewers and the consistency with which construction documents recommended by each conforms to the applicable provisions of the Construction Codes.

(i) This section shall not relieve a person who prepares and submits construction documents of any obligations or liabilities otherwise existing under law and shall not relieve the District of its obligation to review all construction documents in the manner otherwise prescribed by law.

(Mar. 21, 1987, D.C. Law 6-216, § 6b; as added June 25, 2002, D.C. Law 14-162, § 101, 49 DCR 4438; Mar. 13, 2004, D.C. Law 15-105, § 43, 51 DCR 881; May 18, 2016, D.C. Law 21-118, § 5(e), 63 DCR 4645.)

Section References

This section is referenced in § 6-1405.03 and § 6-1451.01.

Effect of Amendments

D.C. Law 15-105, in subsec. (c)(1), validated a previously made technical correction.

Editor's Notes

§ 6–1405.03. Expedited construction documents review procedures. [Repealed]

Repealed.

§ 6–1405.04. Third party inspections.

(a) The Mayor shall allow the Department to accept reports of inspection by qualified third party inspectors for work performed pursuant to a building permit.

(b) The Mayor may promulgate rules to establish the minimum qualification requirements for third party inspectors, the selection of third party inspectors, and other matters related to the administration and oversight of third party inspectors.

(c) The Mayor may promulgate rules to ensure that a third party inspector does not have any conflicts of interest that could potentially affect the objectivity or reliability of the inspection report, including regarding the following situations:

(1) Any person or entity who has performed any work for a project for which the property owner or the authorized agent has elected to use third party plan reviewers, including reviewers of architectural and structural plans, mechanical plans, plumbing plans, and electrical plans, shall not be eligible to serve as a third party inspector for any component on the project. This prohibition shall also apply to affiliates of the person or entity who has performed the work.

(2) A third party inspector shall be hired by the project owner; provided, that the individual shall not have any contractual relationship with the general contractor, construction manager, a subcontractor, or other person who has performed work on the project.

(3) The third party inspector shall not enter into a contract for inspection of a project if the individual determines that there may be a conflict with the qualifications specified in this section and shall disclose any potential conflicts of interest that may arise at any time between the third party inspector and the project or parties connected to the project.

(d) The third party inspector certification may be revoked by the Director for failure to comply with the requirements of this section or rules promulgated pursuant to this section.

(e) This section shall not be construed to violate, cancel, or set aside any provisions of the Construction Codes or to relieve any person of any obligations or liabilities otherwise existing under law.

(f) The Department may establish an online platform that may, at the Director's discretion, serve as the exclusive mechanism by which an individual or entity may hire a third-party inspector to perform an inspection authorized by this section. The Department may charge a fee for the use of the online platform by an individual or entity and by a third-party inspector, which shall not exceed 5% of the total cost of the third-party inspection plus the cost of any credit card or automated clearing house (known as ACH) processing fees.

§ 6–1405.05. Expedited Building Permit Review Program Fund.

(a) There is established as a special fund the Expedited Building Permit Review Program Fund ("Fund"), which shall be administered by the Director of the Department in accordance with subsection (c) of this section.

(b) Revenue from fees imposed by the Department for the expedited review of building permit applications shall be deposited in the Fund.

(c) Money in the Fund shall be used to administer the expedited building permit review program at the Department. After all operational and administrative expenses of the expedited building permit review program are met, as certified by the Chief Financial Officer in the year-end close, the remaining balance shall revert to the General Fund.

§ 6–1406. Penalties.

(a) Except as provided in subsection (b) of this section, any person who violates any of the provisions of the Construction Codes or orders issued under the authority of the Construction Codes shall, upon conviction, be subject to a fine not to exceed $2000, or imprisonment not to exceed 90 days, or both, for each violation.

(b) Any person who violates any of the provisions of the Fire Prevention Code, Articles 14, 15, and 17 of the Building Code, Article 9 of the Existing Structures Code, or orders issued under the authority of these provisions shall, upon conviction, be subject to a fine not to exceed $2000, or imprisonment not to exceed 90 days, or both, for each violation.

(c) Civil fines, penalties, and fees may be imposed, in addition to other available remedies, for any infraction of the provisions of the Construction Codes, including the provisions of the Fire Prevention Code, pursuant to Chapter 18 of Title 2 (“Civil Infractions Act”). Adjudication of any infraction shall be pursuant to the Civil Infractions Act.

(d) Prosecutions pursuant to subsections (a) and (b) of this section shall be brought in the name of the District of Columbia by the Attorney General for the District of Columbia.

(Mar. 21, 1987, D.C. Law 6-216, § 7, 34 DCR 1072; Mar. 8, 1991, D.C. Law 8-237, § 30, 38 DCR 314; Oct. 18, 2005, D.C. Law 16-24, § 2(a), 52 DCR 8080.)

Prior Codifications

1981 Ed., § 5-1306.

Section References

This section is referenced in § 6-751.09.

Effect of Amendments

D.C. Law 16-24, in subsec. (a), substituted “$300” for “$2000” and substituted “10 days” for “90 days”; in subsec. (b), substituted “$300” for “$2000”; in subsec. (c), substituted “may be imposed as alternative sanctions for any infraction” for “may be imposed, in addition to other available remedies, for any infraction”; and added subsec. (d).

Cross References

Smoke detector violations, election of remedies, see § 6-751.09.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(a) of Abatement of Nuisance Construction Projects Emergency Amendment Act of 2005 (D.C. Act 16-42, February 17, 2005, 52 DCR 3045).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of Abatement of Nuisance Construction Projects Temporary Amendment Act of 2005 (D.C. Law 16-4, May 14, 2005, law notification 52 DCR 5427).

§ 6–1406.01. Construction and Zoning Compliance Management Fund. [Repealed]

Repealed.

(Mar. 21, 1987, D.C. Law 6-216, § 7a; as added Dec. 7, 2004, D.C. Law 15-205, § 2042, 51 DCR 8441; Mar. 2, 2007, D.C. Law 16-191, § 128, 53 DCR 6794; Mar. 3, 2010, D.C. Law 18-111, § 2021(a), 57 DCR 181; Sept. 14, 2011, D.C. Law 19-21, § 9037, 58 DCR 6226.)

Emergency Legislation

For temporary (90 day) addition, see § 2042 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) addition, see § 2042 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 2021(a) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 2021(a) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Short Title

Short title of subtitle D of title II of Law 15-205: Section 2041 of D.C. Law 15-205 provided that subtitle D of title II of the act may be cited as the Construction and Zoning Compliance Management Fund Amendment Act of 2004.

Short title: Section 2020 of D.C. Law 18-111 provided that subtitle C of title II of the act may be cited as the “Zoning Enhanced Customer Services Amendment Act of 2009”.

Editor's Notes

Section 44 of D.C. Law 19-171 made a technical correction to this section after its repeal by D.C. Law 19-21.

§ 6–1406.02. Compliance letter fees.

(a) Except as provided in subsection (b) of this section, the Office of Zoning Administrator administrative fee for the issuance of compliance letters shall be as follows:

(1) Zoning compliance letter for a single lot: $25.

(2) Zoning compliance letter for all other requests: $100.

(b) The Building Code Official may amend the administrative fees for the issuance of compliance letters by rulemaking pursuant to subchapter I of Chapter 5 of Title 2.

§ 6–1407. Injunctions.

(a) Whenever it appears that any person, association, or business entity has engaged, is engaged, or is about to engage in acts or practices constituting a violation or infraction of any provision or orders issued under the Construction Codes, the Office of the Attorney General for the District of Columbia may bring an action in the Superior Court of the District of Columbia for injunctive relief. Injunctive relief shall be granted on a showing that it will prevent illegal construction activity in the District of Columbia. A plaintiff shall not be required to prove irreparable harm to obtain a preliminary injunction.

(b) The injunctive relief shall include:

(1) Ordering the sealing of structures and locations at which construction activity has occurred or is occurring in violation of the Construction Codes;

(2) Ordering the cessation of all construction and remodeling activity at locations in which, or in structures where, construction activity has occurred or is occurring in violation of the Construction Codes;

(3) Ordering the removal or correction to structures built or altered in violation of the Construction Codes; or

(4) Any other equitable relief that prevents illegal construction activity in the District of Columbia.

(c) In addition, upon a proper showing, an ex parte, interlocutory, or permanent injunction may be granted without bond. The Superior Court of the District of Columbia may also issue a mandatory injunction commanding compliance with any provision or order issued under the Construction Codes.

(Mar. 21, 1987, D.C. Law 6-216, § 8, 34 DCR 1072; Oct. 18, 2005, D.C. Law 16-24, § 2(b), 52 DCR 8080.)

Prior Codifications

1981 Ed., § 5-1307.

Effect of Amendments

D.C. Law 16-24 rewrote the section, which had read as follows: “Whenever it appears that any person, association, or business entity has engaged, is engaged, or is about to engage in acts or practices constituting a violation or infraction of any provision of the Construction Codes or orders issued under the authority of the Construction Codes, the Corporation Counsel may bring an action in the Superior Court of the District of Columbia to enjoin those acts or practices, and upon a proper showing, an ex parte, interlocutory, or permanent injunction may be granted without bond. The Superior Court of the District of Columbia may also issue a mandatory injunction commanding compliance with any provision of or order issued under the authority of the Construction Codes.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(b) of Abatement of Nuisance Construction Projects Emergency Amendment Act of 2005 (D.C. Act 16-42, February 17, 2005, 52 DCR 3045).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of Abatement of Nuisance Construction Projects Temporary Amendment Act of 2005 (D.C. Law 16-4, May 14, 2005, law notification 52 DCR 5427).

§ 6–1407.01. Building permit denial.

An applicant may be denied a building permit by the Mayor for a period of:

(1) Ten years from the date of final order on a criminal conviction against the applicant for a Construction Code or zoning regulations crime;

(2) Three years after receipt of 5 or more stop work orders by the applicant in any 12-month period;

(3) Three years after final administrative adjudication against the applicant for violation of the Construction Code or zoning regulations; or

(4) Three years from the date of revocation of a building permit or certificate of occupancy issued to the applicant.

§ 6–1408. Documents Act.

The editorial standards for numbering, grammar, and style required by the District of Columbia Office of Documents Act, § 2-612(5), shall not apply to the Construction Codes. The Construction Codes shall be consolidated by the District of Columbia Office of Documents into a single new title of the District of Columbia Municipal Regulations to be designated by the District of Columbia Office of Documents. Each component part of the Construction Codes shall be available for sale or be posted electronically on the website of the Secretary of the District of Columbia or other designated District government website.

§ 6–1409. Amendments; supplements; editions.

(a) All future amendments, supplements, and editions of the Construction Codes shall be adopted only upon authority of the government of the District of Columbia. The Mayor may issue proposed rules to amend the Construction Codes and to adopt new supplements and editions of the Model Codes in whole or in part pursuant to subchapter I of Chapter 5 of Title 2. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part by resolution within this 45-day review period, the proposed rules shall be deemed approved. The rules shall not take effect until approved or deemed approved by the Council.

(a-1) Repealed.

(b) Repealed.

(Mar. 21, 1987, D.C. Law 6-216, § 10, 34 DCR 1072; Oct. 1, 2002, D.C. Law 14-190, § 302(c), 49 DCR 6968; Apr. 5, 2005, D.C. Law 15-278, § 3, 52 DCR 835; Apr. 27, 2013, D.C. Law 19-289, § 3(c), 60 DCR 2328.)

Prior Codifications

1981 Ed., § 5-1309.

Section References

This section is referenced in § 6-1401 and § 6-1405.01.

Effect of Amendments

D.C. Law 14-190 designated subsec. (a); and added subsec. (b).

D.C. Law 15-278 added subsec. (a-1).

The 2013 amendment by D.C. Law 19-289 repealed (a-1), which read “Notwithstanding the provisions of subsection (a) of this subsection, the Mayor may amend the provisions of subsection 3107.18 of Title 12A of the District of Columbia Municipal Regulations ( 12A DCMR § 3107.18), including the specifications, drawings, limitations, and requirements of the Illustrations, as defined in subsection 3107.18.11 of Title 12A of the District of Columbia Municipal Regulations ( 12A DCMR § 3107.18.11), by rulemaking pursuant to § 2-505, without submission of the proposed rules to the Council for its prior review and approval.”; and repealed (b), which read: “Within 180 days after the adoption of the International Building Code, published by the International Building Code Council, Inc. (‘IBC’), and any subsequent amendments thereto, the Mayor shall propose an amendment to the Construction Code in accordance with subsection (a) of this section to adopt the IBC.”.

Applicability

Section 5 of D.C. Act 25-221 provided that the amendments to this section by § 3 of D.C. Act 25-221 shall apply as of November 2, 2022.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3(b)(2)(C) of Sign Regulations Amendment Act of 2024 (D.C. Act 25-541, July 26, 2024, 71 DCR 9963).

For temporary (90 days) amendment of this section, see § 3(b)(2)(C) of Sign Regulations Second Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-348, Jan. 4, 2024, 71 DCR 663).

For temporary (90 days) amendment of this section, see § 3(b)(2) of Sign Regulations Emergency Amendment Act of 2023 (D.C. Act 25-221, Oct. 5, 2023, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 3(b)(2) of Sign Regulations Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-10, Feb. 1, 2023, 00 DCR 00).

For temporary (90 days) amendment of this section, see § 3(b)(2) of Sign Regulations Emergency Amendment Act of 2022 (D.C. Act 24-625, Nov. 2, 2022, 0 DCR 0).

For temporary (90 day) amendment of section, see § 302(c) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) amendment of section, see § 3 of Gallery Place Project Graphics Emergency Amendment Act of 2004 (D.C. Act 15-508, August 2, 2004, 51 DCR 8945).

For temporary (90 day) amendment of section, see § 3 of Gallery Place Project Graphics Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-626, November 30, 2004, 52 DCR 1131).

For temporary (90 day) amendment of section, see § 3 of Gallery Place Project Graphics Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-38, February 17, 2005, 52 DCR 3031).

For temporary (90 day) amendment of section, see § 3(c) of the Sign Regulation Emergency Amendment Act of 2012 (D.C. Act 19-387, July 11, 2012, 59 DCR 8491).

For temporary repeal of (a-1) and (b), see § 3(c) of the Sign Regulation Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-499, October 26, 2012, 59 DCR 12749), applicable after the Mayor’s issuance of a comprehensive final rulemaking governing signs on public space and private property, and with the condition that any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.

Temporary Legislation

For temporary (225 days) amendment of this section, see § 3(b)(2) of Sign Regulations Temporary Amendment Act of 2023 (D.C. Law 25-98, Dec. 20, 2023, 70 DCR 14512).

For temporary (225 day) amendment of section, see § 3 of Gallery Place Project Graphics Temporary Amendment Act of 2004 (D.C. Law 15-221, March 16, 2005, law notification 52 DCR 3547).

Section 3(c) of D.C. Law 19-181 repealed (a-1) and (b).

Section 8 of D.C. Law 19-181 provided that any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.

Section 11(b) of D.C. Law 19-181 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Building and Land Regulation Administration User Fee Approval and Disapproval Resolution of 1994: Pursuant to Resolution 10-370, effective June 7, 1994, the Council approved, in part, and disapproved, in part, rules to adopt a new Building and Land Regulation Administration User Fee Schedule.

Building and Land Regulation Administration User Fee Amendment Rulemaking Approval Resolution of 1994: Pursuant to Proposed Resolution 11-16, deemed approved February 18, 1995, Council approved Rules to adopt an amendment to the Building and Land Regulation Administration User Fee Schedule.

Section 3(c) of D.C. Law 19-289 repealed subsections (a-1)and (b).

Section 9 of D.C. Law 19-289 provided: “Any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.”

Applicability of D.C. Law 19-289, § 3: Section 10 of D.C. Law 19-289 provided that sections 3, 4, 5, 6, 7, and 8 of the act shall not apply until the Mayor’s issuance of a comprehensive final rulemaking governing signs on public space and private property pursuant to section 2 of the act. Section 2 of D.C. Law 19-289 rewrote §§ 1-303.21 and 1-303.23, and repealed § 1-303.22.

Delegation of Authority

Delegation of authority pursuant to Law 6-216, see Mayor’s Order 87-259, November 13, 1987.

Delegation of Authority to the Director of the Department of Consumer and Regulatory Affairs—Construction Codes, see Mayor’s Order 2009-224, December 18, 2009 ( 56 DCR 9665).

Resolutions

Resolution 13-291, the “Construction Codes Amendments Approval Resolution of 1999”, was approved effective October 5, 1999.

Resolution 14-121, the “Construction Codes Amendments Approval Resolution of 2001”, was approved effective June 5, 2001.

Resolution 15-338, the “Construction Codes Amendments Approval Resolution of 2003”, was approved effective December 2, 2003.

Resolution 17-877, the “Construction Codes Amendment Approval and Disapproval Resolution of 2008”, was approved effective December 2, 2008.

§ 6–1410. Building Rehabilitation Code. [Repealed]

Repealed.

(Mar. 21, 1987, D.C. Law 6-216, § 10a; as added June 25, 2002, D.C. Law 14-162, § 201(a)(3), 49 DCR 4438; Apr. 27, 2013, D.C. Law 19-289, § 3(d), 60 DCR 2328.)

Section References

This section is referenced in § 6-1451.01.

Emergency Legislation

For temporary (90 day) repeal of section, see § 3(d) of the Sign Regulation Emergency Amendment Act of 2012 (D.C. Act 19-387, July 11, 2012, 59 DCR 8491).

For temporary repeal of section, see § 3(d) of the Sign Regulation Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-499, October 26, 2012, 59 DCR 12749), applicable after the Mayor’s issuance of a comprehensive final rulemaking governing signs on public space and private property, and with the condition that any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.

Temporary Legislation

Section 3(d) of D.C. Law 19-181 repealed this section.

Section 8 of D.C. Law 19-181 provided that any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.

Section 11(b) of D.C. Law 19-181 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Section 3(d) of D.C. Law 19-289 repealed this section.

Section 9 of D.C. Law 19-289 provided “Any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.”

§ 6–1411. Establishment of the District of Columbia Building Rehabilitation Code Advisory Council. [Repealed]

Repealed.

(Mar. 21, 1987, D.C. Law 6-216, § 10b; as added June 25, 2002, D.C. Law 14-162, § 201(a)(3), 49 DCR 4438; Apr. 27, 2013, D.C. Law 19-289, § 3(e), 60 DCR 2328.)

Section References

This section is referenced in § 6-1410.

Emergency Legislation

For temporary (90 day) repeal of section, see § 3(e) of the Sign Regulation Emergency Amendment Act of 2012 (D.C. Act 19-387, July 11, 2012, 59 DCR 8491).

For temporary repeal of section, see § 3(e) of the Sign Regulation Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-499, October 26, 2012, 59 DCR 12749), applicable after the Mayor’s issuance of a comprehensive final rulemaking governing signs on public space and private property, and with the condition that any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.

Temporary Legislation

Section 3(e) of D.C. Law 19-181 repealed this section.

Section 8 of D.C. Law 19-181 provided that any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.

Section 11(b) of D.C. Law 19-181 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Section 3(e) of D.C. Law 19-289 repealed this section.

Section 9 of D.C. Law 19-289 provided “Any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.”

§ 6–1412. Construction Codes revisions for green building practices.

(a) By June 1, 2013, and at least once every 3 years thereafter, the Mayor, in consultation with the Green Building Advisory Council, shall submit to the Council, for approval, revisions to the Construction Codes that shall incorporate as many significant green building practices as practicable for the District of Columbia urban environment. The Mayor shall include as many green building provisions as practicable from the current versions of codes and standards published by the International Code Council. The Mayor may exclude provisions that are not practicable for the District of Columbia urban environment but shall provide evidence of cost or implementation impracticality for the excluded provisions; provided, that the Mayor is not required to consider codes or standards issued by the International Code Council within one year of the submittal date.

(b) Every 6 months after March 8, 2007, the Mayor shall provide a written report on the progress of the current round of Construction Codes revisions to the chairperson of the committee of the Council that oversees the District agency charged with the building permit function. The report accompanying the final Construction Codes revisions shall include a listing and description of each green building practice considered and why each practice was, or was not included, in the respective Construction Codes revision. By June 1, 2013, and after at least every 3 years by June 1 of the relevant year, the Mayor shall submit to the Council for approval Construction Codes revisions that are consistent with the requirements of this section, and that incorporate green building practices developed since the previous Construction Codes revisions.

(Mar. 21, 1987, D.C. Law 6-216, § 10c; as added Mar. 8, 2007, D.C. Law 16-234, § 13, 54 DCR 377; June 5, 2012, D.C. Law 19-139, § 3, 59 DCR 2555.)

Effect of Amendments

D.C. Law 19-139 rewrote subsec. (a); and, in subsec. (b), substituted “By June 1, 2013” for “On or before By January 1, 2010” and substituted “June 1” for “January 1”. Prior to amendment, subsec. (a) read as follows: “(a) Within 180 days of March 8, 2007, the Mayor shall promulgate rules to implement this chapter. The proposed rules shall be submitted to the Council for a 45 day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45 day review period, the proposed rules shall be deemed approved.”

§ 6–1413. Diaper-changing stations.

(a) Not Funded.

(b) All newly constructed or substantially renovated District-occupied buildings that include at least one publicly accessible restroom shall provide on each floor level where there is a publicly accessible restroom:

(1) At least one diaper-changing station that is accessible to women entering a restroom provided for use by women, and one diaper-changing station that is accessible to men entering a restroom provided for use by men; or

(2) At least one diaper-changing accommodation in a restroom that is available for use by all genders.

(c) All newly constructed or substantially renovated business establishments and places of public accommodation, as defined in § 2-1401.02(24), that include at least one publicly accessible restroom shall provide on each floor level where there is a publicly accessible restroom:

(2) At least one diaper-changing station in a restroom that is available for use by all genders.

(d) Notwithstanding subsections (a), (b), and (c) of this section, a diaper-changing station shall not be required if:

(1) The Director of the Department of Buildings, or his or her designee, in consultation with the Office of Disability Rights, determines that the installation of a diaper-changing station will not comply with District or federal laws relating to access to persons with disabilities.

(2) The Director of the Department of Consumer and Regulatory Affairs, or his or her designee, determines that installation of a diaper-changing station is infeasible due to spatial or structural limitations.

(3) A business establishment holds a Class C/N or Class D/N nightclub license issued by the Alcoholic Beverage Regulation Administration.

(4) A business establishment does not permit anyone who is under 18 years of age to enter the premises.

(5) A District-owned, District instrumentality-owned, or District-occupied building is subject to a lease agreement executed prior to December 21, 2022; provided, that if the District enters into a new lease agreement, the lease agreement shall include the requirements of subsection (a) of this section.".

(e) Subsections (b) and (c) of this section shall apply to applicable new construction or substantial renovations for which building permits are issued after March 31, 2023.

(f) For District of Columbia Public Schools schools and public charter schools, the requirements of subsections (a) and (b) of this section shall only apply to restrooms on the first floor of the school unless the school provides adult education courses or services.".

(g) Nothing in this section shall be construed as requiring or authorizing:

(1) A reduction in the number of toilet facilities that are required by the Construction Codes as that term is defined in § 6-1401(2); or

(2) A reduction in the number of toilet facilities accessible to persons with disabilities that are otherwise required under either the Construction Codes, as that term is defined in § 6-1401(2) or the federal Americans with Disabilities Act.

(Mar. 21, 1987, D.C. Law 6-216, § 10d; as added Dec. 21, 2022, D.C. Law 24-213, §§ 2(b), 4(a), 69 DCR 13995.)

Applicability

Applicability of D.C. Law 24-213: § 4 of D.C. Law 24-213 provided that the creation of subsection (a) this section by § 2(b) of D.C. Law 24-213 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Editor's Notes

Section 3 of D.C. Law 24-212 provided that the Mayor, in consultation with the Construction Codes Coordinating Board, shall promulgate regulations to implement D.C. Law 24-212 pursuant to § 6-1409, which regulations shall be included in subsequent editions of the Construction Codes, no later than 180 days after the effective date Law 24-212.

Subchapter II. DCRA housing and building infractions.

§ 6–1431. DCRA housing and building infractions fine; periodic adjustments.

(a) Beginning on January 1, 2018, a fine amount listed in section 3201.1 of Title 16 of the District of Columbia Municipal Regulations (16 DCMR § 3201.1), when assessed for an infraction listed in sections 3301 through 3313 of Title 16 of the District of Columbia Municipal Regulations (16 DCMR § 3301 through 16 DCMR § 3313), shall be adjusted according to the most recent Consumer Price Index for All Urban Consumers in the Washington Metropolitan Statistical area, as published by the United States Bureau of Labor Statistics.

(b) Beginning on or after January 1, 2018, and on or after January 1 of every year thereafter, there shall be published in the District of Columbia Register a schedule of the fine amounts for each infraction listed in sections 3301 through 3313 of Title 16 of the District of Columbia Municipal Regulations (16 DCMR § 3301 through 16 DCMR § 3313), as adjusted according to the most recent Consumer Price Index for All Urban Consumers in the Washington Metropolitan Statistical area, as published by the United States Bureau of Labor Statistics.