D.C. Mun. Regs. tit. 12, r. 12-A105
Required Permits. Depending on the scope of work, an owner or authorized agent who intends to undertake any of the activities set forth in items 1 through 4 below, or to cause any such work to be done, shall first make application to the code official and obtain the required permit(s) relevant to the intended work:
Classification of Permits. For the purposes of the Construction Codes, permits issued by the Department shall be classified as follows:
Electrical;
Gas;
Mechanical;
Plumbing;
Elevators and conveying systems;
Boilers.
Projection permits;
Crane and derrick permits;
After-hours permits;
Other activities as may be determined by the code official, and set forth by the Department in administrative bulletins.
Permitted Construction Hours. Authorized construction hours permitted in the District of Columbia, for work conducted under a permit, are from 7 a.m. to 7 p.m. Mondays through Saturdays, excluding legal holidays.
After Hours Permit. Any request to work pursuant to a permit beyond permitted construction hours shall 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 zoned "residential" under the Zoning Regulations then in effect, or in an area within 500 feet (152 400 mm) of such residential zone, or within 500 feet (152 400 mm) of a building with sleeping quarters, unless the code official determines that not issuing such permit would pose a threat to public safety, health and welfare.
Establishment ofSpecial Flood Hazard Areas. The District of Columbia has established a Special Flood Hazard Area, as delineated on the Federal Emergency Management Agency's Flood Insurance Rate Map and adopted by the District at 20 DCMR § 3101.2.
For purposes only of this subsection and 20 DCMR Chapter 31, "development," as defined in 20 DCMR § 3199.1, shall mean any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, streets and other paving, utilities, filing, grading, excavation, mining, dredging, drilling operations, storage of equipment or materials, and the subdivision of land.
Annual Permit. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the code official is authorized, upon application therefore, to issue an annual permit allowing alterations to such installations to any person, firm or corporation regularly employing one or more qualified tradespersons in the building, other structure or on the premises owned or operated by the applicant for the permit.
Annual Permit Records. The person or entity to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The code official shall have access to such records at all times or such records shall be filed with the code official as designated.
Licensing Requirements. Electrical, mechanical, plumbing, elevator and fuel work requiring a permit shall be performed, as applicable, by a licensed electrician, plumber, gas- fitter, elevator mechanic, elevator contractor and/or refrigeration and air-conditioning mechanic licensed pursuant to D.C. Official Code §§ 47 - 2853.01 et seq. (2012 Repl.)
Raze Permits. Before a raze permit is issued, the owner of the building or other structure to be razed, or the owner's agent, shall post and maintain a notice furnished by the code official on the façade fronting on the public street of the building or other structure as designated by the code official, so as to be visible from the public way. The raze permit shall not be issued by the code official until at least 30 days after the date the notice is posted on the building or other structure. This notification requirement shall not apply to any emergency raze ordered by the code official. Violations of this subsection shall be deemed a Class 3 infraction pursuant to 16 DCMR § 3200.
Other Requirements. Prior to issuing a raze permit, the code official is authorized to require the applicant to submit clearances and/or information, including, but not limited to, asbestos removal, utility disconnects, grading plans, and historic preservation, and to provide notification to adjoining property owners where party walls are involved.
Fee. The applicant for a raze permit shall pay a fee for the furnishing of the notice required under Section 105.1.7 in accordance with the applicable fee schedule published in the D.C. Register, as amended from time to time.
Emergency Work. When necessary to make emergency repairs or replacements to buildings, other structures or systems, an application for a permit to cover all emergency work shall be submitted no later than the first business day following the performance of such emergency work.
Posting of Permit. The permit, or a copy thereof, shall be kept on the work site and conspicuously displayed at a location visible from the street until the completion of the project. Public information deemed relevant by the code official for all permits issued by the Department shall be published on the Department's website.
Grounds for Permit Denial. The code official is authorized to deny permits pursuant to D.C. Official Code § 6-1408.01 (2012 Repl.).
Signs. To the extent that the code official is designated as the permitting and enforcement official for signs, pursuant to any District of Columbia laws and regulations, including, but not limited to, the Sign Regulation Emergency Amendment Act of 2012, enacted July 11, 2012 (D.C. Act 19-387; 59 DCR 8491), any substantially similar successor legislation; Section 1 of An Act to regulate the erection, hanging, placing, painting, display, and maintenance of outdoor signs and other forms of exterior advertising within the District of Columbia, approved March 3, 1931 (46 Stat. 1486; D.C. Official Code § 1-303.21 (2012 Repl.), and Mayor's Order 2011-181, dated October 31, 2011 ("Sign Legislation"), the duties and powers of the code official shall be governed by (a) Chapter 1, 12 DCMR A and (b) Chapter 1, 12 DCMR G, including, but, not limited to, the code official's authority to receive applications, to review submittal documents and issue permits, to institute administrative and legal actions to correct violations or infractions, and to inspect premises.
Applicable Requirements. Signs shall be designed, constructed and maintained in accordance with the requirements of Title 12 of the DCMR, including, but not limited to, Appendix N to the Building Code Supplement which is hereby expressly adopted and incorporated by reference, and the Property Maintenance Code, until such time as the District of Columbia adopts superseding regulations pursuant to the Sign Legislation.
Stormwater Management and Erosion and Sediment Control. A permit shall not be issued for a major substantial improvement activity (as defined by 21 DCMR Chapter 5) or a land-disturbing activity regulated by 21 DCMR Chapter 5, until the submitted plans reflect the pertinent features approved by the official charged with the administration and enforcement of 21 DCMR Chapter 5, and the requirements of D.C. Law 5-188, Water Pollution Control Act of 1984, as amended.
Work Exempted from Permit. This Section 105.2 sets forth exemptions from permit requirements, subject to historic and Special Flood Hazard Area restrictions set forth in Sections 105.2.5 and 105.2.6 respectively. Exemptions from permit requirements of the Construction Codes shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the Construction Codes or of any other laws, regulations or ordinances of the District of Columbia.
Building:
Siding.
Gutters and downspouts and fascia.
Private sidewalks and driveways.
Patios
Non-rated suspended ceiling tile.
Not more than 160 square feet (14.9 m2) of gypsum board excluding installation of fire-rated gypsum wall board or shaft liner.
Electrical:
Gas:
Mechanical:
Plumbing:
[Reserved].
Ordinary Repairs. Permits are not required for ordinary repairs to buildings, other structures or equipment. Ordinary repairs shall not include:
Public Service Agencies. A permit shall not be required under the Construction Codes for the installation, alteration or repair of equipment and facilities used for generation, transmission, distribution, metering or treatment that is under the ownership or control of public service agencies subject to the jurisdiction of the Public Services Commission or DC Water.
Exception: A permit shall be required for all projects involving land-disturbing activities or major substantial improvement activities as defined in 21 DCMR Chapter 5, and for all work described in Section 105.2.5.
[Reserved].
Permit Exemptions Not Applicable in Historic Districts or to Historically Designated Structures. When the proposed scope of work would qualify to be exempted from permit pursuant to Section 105.2 of this chapter, and the work is to occur on the land of or the exterior of buildings or other structures located in historic districts, or of historically designated buildings or other structures, an application for a building permit pursuant to Section 105.1 shall be required for the following work described in Section 105.2Building: 1. Brick pointing; 4. Repair or replacement of fences, except as deemed an ordinary repair; 5. Painting of unpainted exterior masonry at a landmark property; 7. Replacement in kind, except of interior ceiling tile and gypsum board; 8. Garden storage shed; 9. Prefabricated pools; and 10. Retaining walls.
Permit Exemptions Not Applicable in Special Flood Hazard Areas. When the proposed scope of work would qualify to be exempted from permit requirements pursuant to Section 105.2 of this chapter, and the work is to occur on land designated as a Special Flood Hazard Area on the Federal Emergency Management Agency's Flood Insurance Rate Map for the District (20 DCMR § 3101.2), a building permit shall be required.
Application for Permit. To obtain a permit, the owner or the authorized agent (herein referred to as the applicant) shall submit to the code official an application for permit. Where a permit is required, it shall be obtained by applicant prior to the commencement of any work, except as provided in Section 105.1.8. For trade permits, the applicant shall be the contractor responsible for the work to be done.
An application shall be submitted in the form prescribed and provided by the code official. Unless otherwise specified by the code official, the application shall:
Provide name and contact information, including a valid electronic mailing address, for the general contractor or construction manager, if known, when the application is filed. If the information is not known at the time of filing, the information shall be provided to the code official as soon as the general contractor or construction manager is selected, but no later than the scheduling of the first inspection.
Action on Application. The code official shall examine or cause to be examined all applications for permit and amendments to applications within a reasonable time after filing. The code official may reject an application at the time of filing if the application and required supporting documents are not substantially complete. If deficiencies in the application, plans or other supporting documents are discovered during processing, the code official is authorized, in his or her discretion, to give the applicant an opportunity to correct the deficiencies prior to taking action to approve or reject the application. If the application or the plans do not conform to the requirements of all pertinent laws, the code official is authorized to reject such application. The code official shall state the reasons for the rejection in writing, citing specific sections of the Construction Codes, and stating the applicant's right of appeal under Section 112. If the code official is satisfied that the proposed work conforms to the requirements of the Construction Codes and all applicable laws, rules, and regulations, the code official shall issue a permit as soon as practicable.
Third-Party Plan Review. An applicant shall have the option of providing for a third-party plan review agency to perform a code compliance review of a project, at the applicant's expense, pursuant and subject to the provisions of: this Section 105.3.1; the Homestart Regulatory Improvement Amendment Act, effective June 25, 2002 (D.C. Law 14-162; D.C. Official Code § 6-1405.03 (2012 Repl.)); and the Third-Party Plan Review Program Procedure Manual, adopted by the Department on January 2, 2011 (the "Third-Party Plan Review Manual"), as amended.
Third-Party Plan Review Procedures. An applicant may seek an expedited submittal documents review by providing the code official with a certified report(s) of the findings of the third-party plan review agency, in a format acceptable to the code official. The code official shall accept such reports from approved third-party plan review agency or agencies, as provided for in the Third-Party Plan Review Manual.
If the code official is satisfied that the report and the proposed submittal documents or certified components of submittal documents conform to the requirements of the Construction Codes, the Department shall complete its review within 15 business days of application submission. The code official's final approval of the submittal documents and issuance of related permits will be provided upon receipt of approvals from other reviewing agencies.
Payment of Delinquent Fines and Penalties. The code official may refuse to issue a permit if the owner, applicant, or responsible officer has outstanding fines or penalties imposed under the Construction Codes, or if the code official determines that the owner, applicant, or responsible officer is in violation of any provision of the Construction Codes.
By Whom Application is Made. Application for a permit shall be made by the owner or lessee of the premises, including any building or other structure, or by the authorized agent of either. The licensed engineer, architect or interior designer employed in connection with the proposed work shall be allowed to submit an application for a building permit on behalf of the owner or lessee if an authorized agent.
Transfer of Permit Application. If the owner or lessee of the premises, including any building or other structure, should change, an unexpired permit application may be transferred to a new owner or lessee upon approval by the code official of an application by the new owner or lessee, in a form specified by the code official.
Penalties for False Statements. False statements in an application may subject the permit to revocation pursuant to Section 105.6. Applicants are also subject to the penalties of Section 404 of the District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-2405 (2013 Supp.)) for false statements.
Approval of Partial Plans. The code official is authorized to issue a partial permit for earth retention or the construction of foundations before the entire plans and specifications for the whole building or other structure have been submitted, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the Construction Codes. Issuance of a partial permit by the code official does not constitute assurance that a permit for the entire structure will be granted. The holder of such partial permit for earth retention or foundations will proceed with the construction at the holder's own risk and without assurance that a permit for the entire structure will be granted.
Approval of Submittal Documents. When the code official issues a permit, the submittal documents shall be approved, in writing or by stamp, as "Approved." Unless submitted electronically, one set of approved submittal documents so reviewed shall be retained by the code official and the other sets shall be returned to the applicant; at least one approved set shall be kept at the work site and shall be open to inspection by the code official.
Signature on Permit. The code official's signature shall be attached to every permit; or the code official may authorize a subordinate to affix a facsimile of the code official's signature to permits. The code official's signature shall not be construed as indicating that the construction complies with any other requirement of District law or regulation other than the Construction Codes and the Zoning Regulations. The permit does not grant a waiver of the maximum height allowed under An Act to regulate the height of buildings in the District of Columbia, approved June 1, 1910 (36 Stat. 452; D.C. Official Code §§ 6-601.01 to 6-601.09 (2012 Repl.)), unless expressly indicated on the permit.
Time Limitation of Application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued. The code official is authorized to grant a maximum of two extensions of time for agency consideration of a permit application, not exceeding 180 days each, provided that the extension is requested in writing and justifiable cause demonstrated. Refunds of the unused portion of the application file deposit shall be made pursuant to Section 108.6.
Amendments to Permit. The holder of a valid active building permit shall be authorized to amend it or to amend the plans, application or other records pertaining to the permit by filing, at any time before completion of the work for which the original permit was issued, an application for revision of a building permit, accompanied by a copy of the originally approved submittal documents and, unless submitted electronically, by two sets of the revised plans. Once such amendments are approved and the revised permit is issued, it shall be deemed part of the original permit and shall be kept therewith in the official records of the Department. A revision permit shall become invalid upon expiration of the original building permit it amends. The extension provisions of Section 105.5.1 shall apply to the original building permit and shall only affect the respective revision permits to the extent that the original building permit is extended.
Electronic Mail Address Update. While applications are pending for processing and after issuance of a permit, applicants and permit holders are required to update the electronic mailing address provided in the underlying permit application as specified in Section 105.3, items 8 and 11.
Registered Design Professional. The design of work for new construction, repair, expansion, addition or alteration projects submitted for permit shall comply with Sections .1 through .6 as applicable
Architectural Services. Where the project involves the practice of architecture, as defined by D.C Official Code § 47-2853.61 (2012 Repl.), the corresponding permit documents shall be prepared by an architect licensed to practice architecture in the District of Columbia. All plans, computations, and specifications required to be submitted in connection with a permit application for such architectural work shall be prepared by or under the direct supervision of an architect with a valid and unexpired District of Columbia architecture license and shall bear the architect's signature and seal in accordance with the laws of the District of Columbia
Engineering Services. Where the project involves the practice of engineering, as defined by D.C Official Code § 47-2853.131 (2012 Repl.), the corresponding permit documents shall be prepared by a professional engineer licensed to practice engineering in the District of Columbia. All plans, computations, and specifications required to be submitted in connection with a permit application for such engineering work shall be prepared by or under the direct supervision of a professional engineer with a valid and unexpired District of Columbia engineer license and shall bear the engineer's signature and seal in accordance with the laws of the District of Columbia
Exception: An architect licensed in the District of Columbia is authorized to perform engineering work that is incidental to the practice of architecture, as permitted by D.C Official Code § 47-2853.61 (2012 Repl.).
Interior Design Services. Plans for non-structural alterations and repairs of a building, including the layout of interior spaces, which do not adversely affect any structural member, any part of the structure having a required fire resistance rating, or the public safety, health or welfare, and which do not involve the practice of architecture and engineering as defined by D.C Official Code §§ 47-2853.61 and 47-2853.131 (2012 Repl.), shall be deemed to comply with this section when such plans are prepared, signed and sealed by an interior designer licensed and registered in the District of Columbia in accordance with D.C Official Code § 47-2853.101 (2012 Repl.)
Exemptions. The professional services of a licensed architect, professional engineer or interior designer are not required for the following:
Registered Design Professional in Responsible Charge. The code official is authorized to require the owner to engage and designate on the permit application a registered design professional who shall act as the registered design professional in responsible charge . If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge . Where a registered design professional in responsible charge is required, the code official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building
Registered Design Professional. The signature and seal of the registered design professional , where required by and in accordance with Section , shall serve as attestation of the following:
Registered Design Professional in Responsible Charge. Where the code official determines that a registered design professional in responsible charge is required for any project, an attestation sealed and signed by the registered design professional in responsible charge engaged by the owner shall be submitted prior to the issuance of any and all certificate(s) of occupancy for the project. The attestation shall identify the registered design professional in charge by name and registration number, shall identify the project or portion thereof being attested to, and shall state, to the code official's satisfaction, that the project or portion thereof has been completed in a manner that is substantially compatible with the design of the building that was the basis of the corresponding permit. Furthermore, the attestation shall state that changes from such permit documents, including but not limited to submittal documents prepared by others during the course of construction, and phased and deferred submittal items, have been reviewed and coordinated by the attesting registered design professional in responsible charge.
Green Building Incentives. In order to foster green building development and encourage the District's sustainability goals, including resource conservation and increased energy and water efficiency, the code official is authorized to develop incentives for projects which meet voluntary green building standards as set forth in the Department's Administrative Bulletins. Such incentives may include, but are not limited to, expedited permit processing.
Permit Applications in Special Flood Hazard Areas. An applicant for a building permit in a Special Flood Hazard Area shall comply with the Floodplain Management Regulations.
Compliance with Code. The permit shall be an authorization to proceed with the work for which the permit was issued and shall not be construed as authority to violate, cancel or set aside any of the provisions of the Construction Codes, except as specifically stipulated by modification granted in accordance with Sections 104.10 and 104.10.1.
Expiration of Permit. Any permit issued shall become null and void if the authorized work is not begun and inspected pursuant to Section 109 within one year after the permit is issued, or if the authorized work is suspended, abandoned or not inspected pursuant to Section 109 for a period of one year. In determining whether work has been suspended or abandoned under this Section 105.5, including exceptions thereto, the code official shall have the right to request documentation from the permit holder and to inspect the premises, including any building or other structure, for which the permit has been granted.
Exceptions:
Extension of Permit. A permit may be extended upon written request, prior to expiration and upon a showing of good cause. The code official is authorized to grant extensions of time not to exceed 180 days per extension. Not more than four extensions of time will be granted to any permit. The code official may issue an extension for a period of 365 days upon demonstration of need at the time of extension application, but, in no event, shall the aggregate extensions of time exceed two years.
Exceptions:
[Reserved].
Transferability of Permits. Where a permit holder transfers a premises, including any building or other structure, for which an unexpired permit has been issued, except where restricted by Section 113.9, the permit may be transferred to the new owner, upon application by the new owner in a form specified by the code official. Permits for installations related to electrical, gas, mechanical, plumbing, elevator and fire protection systems are not transferable.
Revocation of Permits. The code official is authorized to revoke a permit or approval issued under the Construction Codes or the District of Columbia Zoning Regulations (11 DCMR) (the Zoning Regulations), for any of the following conditions:
Effective Date of Revocations. Revocations based on items 1, 2, 4, 5, 6 or 7 of Section 105.6 are proposed actions and shall become final upon occurrence of one of the following conditions:
Summary Revocations; Cancellations.
Board of Zoning Adjustment Order. When a written order of the Board of Zoning Adjustment concludes that a permit was issued in error, the permit shall be revoked, effective 10 days after the Board of Zoning Adjustment Order is served upon the permit holder. The revocation may be appealed to the District of Columbia Court of Appeals pursuant to Section 11 of An Act To prescribe administrative procedures for the District of Columbia Government, approved October 21, 1968 (82 Stat. 1209; D.C. Official Code § 2-510 (2012 Repl.)).
Notice of Revocation. Except as provided in Section 105.6.1.1, the permit holder shall be provided, pursuant to Section 105.6.3, written notice of the code official's order to revoke the permit. This notice shall include the following:
Service of Notice to Revoke a Permit. The code official shall effect service of a notice to revoke a permit by one of the following methods:
Respondent's Agent. For the purposes of this section, respondent's agent shall mean a general agent, employee, registered agent or attorney of the respondent.
Subsequent Notifications. Once the initial notice has been served:
Appeal from Action. The permit holder may request a hearing by the Office of Administrative Hearings or the Board of Zoning Adjustment as provided below.
Office of Administrative Hearings. The permit holder may appeal a notice of revocation to the Office of Administrative Hearings (OAH) no later than 10 business days after service of written notice of the revocation upon the permit holder, pursuant to Chapter 18A of Title 2 of the D.C. Official Code (D.C. Official Code § 2-1801.01et seq. (2012 Repl.)) and any regulations promulgated thereunder. The appeal shall specify that the Construction Codes or the rules legally adopted thereunder have been incorrectly interpreted or applied by the code official, that the provisions of the Construction Codes do not fully apply, or that an equally good or better form of construction can be used. OAH shall have no authority to waive requirements of the Construction Codes.
Board of Zoning Adjustment. To the extent that a revocation is based in whole or in part upon a violation of the Zoning Regulations, any appeal of the zoning-based ground shall be heard by the Board of Zoning Adjustment in accordance with Section 8 of An Act Providing for the zoning of the District of Columbia and the regulation of the location, height, bulk and uses of buildings and other structures and the uses of land in the District of Columbia, and for other purposes, approved June 20, 1938, as amended, (52 Stat. 799; D.C. Official Code § 6-641.07 (2012 Repl.)) and Chapter 32 of the Zoning Regulations (11 DCMR). The appeal shall be filed no later than 60 days after service of written notice of the revocation upon the permit holder, pursuant to D.C. Official Code § 6-641.09 (2012 Repl.), and the Zoning Regulations. The permit holder shall specify the provisions of the Zoning Regulations on which the appeal is based.
Expedited Hearings. When a summary revocation is ordered under item 3 of Section 105.6 of this chapter, the permit holder may request an expedited hearing from OAH within 72 hours (excluding Saturdays, Sundays, and legal holidays) of service of notice pursuant to Section 105.6.3, to review the reasonableness of the revocation order. At this hearing, the code official shall have the burden of establishing a prima facie case of immediate or serious and continuing endangerment. The OAH may not stay the code official's decision to revoke a permit under item 3 of Section 105.6 pending the final resolution of the hearing.
Posting of Fines. Where civil infraction citations have been issued to an applicant for a building permit for illegal construction under Section 113.7, all applicable fine amounts must be posted with the Treasurer of the District of Columbia by the applicant, prior to the issuance of any permit. Upon adjudication of said civil infraction citations, any fines or penalties not assessed to the applicant will be refunded.
D.C. Mun. Regs. tit. 12, r. 12-A105