Statutes, codes, and regulations
District Of Columbia Administrative Code
Title 12 - CONSTRUCTION CODES SUPPLEMENT OF 2013Subtitle 12-A - BUILDING CODE SUPPLEMENT OF 2013
Chapter 12-A1 - ADMINISTRATION AND ENFORCEMENT
Rule 12-A103 - DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS

D.C. Mun. Regs. tit. 12, r. 12-A103

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Current through Register Vol. 72, No. 2, January 10, 2025
Rule 12-A103 - DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS

Strike Chapter 1 of the International Building Code in its entirety and insert the following in its place to read as follows:

103.1

Code Official. The Director of the Department of Consumer and Regulatory Affairs ("Director") shall be, and shall hereinafter be referred to as, the code official for the enforcement of the provisions of the Construction Codes, except those provisions of the Fire Code that shall be enforced by the Fire Chief as provided in Section 103.2.

Where in the Construction Codes the term "building official" is used, it shall mean the "code official."

103.1.1

Delegation of Authority. The code official shall have the authority to delegate his or her duties and powers under the Construction Codes, but he or she shall remain responsible for the proper performance of those duties and powers.

103.1.2

Department. Where used herein the word "Department" shall refer to the Department of Consumer and Regulatory Affairs, except that references to "Department" in the Fire Code shall refer to the D.C. Fire and Emergency Medical Services Department ("Fire Department").

103.2

Code Official for the Fire Code. The Chief of the Fire Department ("Fire Chief") shall be the code official for the enforcement of the Fire Code, except that the Director of the Department of Consumer and Regulatory Affairs shall be the code official for enforcement of all provisions of the Fire Code pertaining to approval, installation, design, modification, maintenance, testing, and inspection of all new and existing fire protection systems.

103.3

Organization. The code official shall appoint such number of officers, technical assistants, inspectors and other employees as shall be necessary for the administration of the Construction Codes.

103.3.1

Deputy. The code official is authorized to designate an employee or employees as deputy who shall exercise powers of the code official during the temporary absence or disability of the code official, as delegated.

103.4

Conflicts of Interest. No official or employee of the Department shall directly or indirectly engage in any private business transaction or activity, which tends in any way to interfere with the performance of his or her duties, including:

1.Furnishing of Services. Being engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building under the jurisdiction of the Construction Codes, or the preparation of plans or specifications of a building under the jurisdiction of the Construction Codes, unless the official or employee is the principal owner of the building.
2.Conflict with Official Duties. Engaging in any work which conflicts with official duties or with the interests of the Department.
3.Private Work. Directly or indirectly engaging with or accepting remuneration from any private person, firm, or corporation for the performance of any work as a designer, architect, engineer, consultant, or inspector, which work is to be submitted to, passed upon, reviewed, or inspected by any officer of the District of Columbia charged with the administration of any portion of the Construction Codes.
103.5

Public Access to Records. In accordance with procedures established by the code official, official records of the Department shall be available for public inspection at all appropriate times pursuant to the Freedom of Information Act, effective March 25, 1977 (D.C. Law 1-96; D.C. Official Code §§ 2-531et seq. (2012 Repl.)). Pursuant to D.C. Official Code § 2-532 (2012 Repl.), the Department may collect a fee in accordance with 1 DCMR § 408 for researching and copying any requested documents, except that Advisory Neighborhood Commissioners shall not be required to pay this fee.

D.C. Mun. Regs. tit. 12, r. 12-A103

Final Rulemaking published at 61 DCR 2782 (March 28, 2014 Part 2)
The District of Columbia Building Code (2013), referred to as the SBuilding Code, consists of the 2012 edition of the International Building Code as amended by the District of Columbia Building Code Supplement (2013)(12 DCMR A). The International Building Code is copyrighted by the International Code Council and therefore is not republished here. However, a copy of the text may be obtained at: http://publicecodes.cyberregs.com/icod/ibc/2012/index.htm?bu=IC-P-2012-000001&bu2=IC-P-2012-000019.
Authority: Section 10 of the Construction Codes Approval and Amendments Act of 1986 (Act), effective March 21, 1987 (D.C. Law 6-216; D.C. Official Code § 6-1409 (2012 Repl.)) and Mayor"s Order 2009-22, dated February 25, 2009, as amended.