D.C. Mun. Regs. tit. 12, r. 12-A123

Current through Register Vol. 72, No. 2, January 10, 2025
Rule 12-A123 - TRANSITORY PROVISIONS

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

123.1

Applicable Codes. The laws and regulations in force on the date that a new edition of the Construction Codes are adopted pursuant to Section 122, shall remain in effect for the purposes specified in Sections 123.1.1 through 123.1.4.

123.1.1

Existing Valid Permit. Work authorized by a permit issued before the effective date of the new edition of the Construction Codes shall be allowed to be carried to completion, subject to the conditions of Sections 105.5 and 105.6.

123.1.2

Existing Filed Application. Applications for permits for which the application filing deposit has been paid before the effective date of the new edition of the Construction Codes, pursuant to Section 108.2.1.1, shall be allowed to be processed to issuance of the permit, and any work authorized thereby shall be allowed to be carried to completion, under the edition of the Construction Codes in effect on the date said applications were filed, subject to the following conditions:

1. Each such application shall have been filed accompanied by plans and other information conforming to Sections 106.1 and 106.1.1, sufficiently complete to allow processing of the permit without substantial change or deviation;
2. Each such permit shall be paid in full and taken out by the applicant within one year after the effective date of the new edition of the Construction Codes;
3. All work authorized by such permit shall be carried to completion under the terms of the permit; and
4. Permits granted under Section 123.1.2 shall not be extended if permitted to expire, pursuant to Section 105.5, or if revoked pursuant to Sections 105.6 and 105.6.1.
123.1.3

Existing Design Contracts.Buildings and other structures under contract for design on the effective date of the new edition of the Construction Codes, for which no permit applications have been filed, shall be allowed to be filed, processed to issuance of permit, and any work authorized thereby shall be allowed to be carried to completion, under the previous edition of the Construction Codes, subject to the following conditions:

1. The applicant shall file the permit application, accompanied by plans and other information conforming to Sections 106.1 and 106.1.1 of the new edition of the Construction Codes, sufficiently complete to allow processing of the permit without substantial change or deviation, within one year after the effective date of the new edition of the Construction Codes;
2. The applicant shall submit a copy of the design contract, with a notarized affidavit stating that the submitted copy is a true and accurate copy of the contract for the design of the building or other structure, that the contract was in effect on or before the effective date of the Construction Codes, and that the design submitted with the permit application was made under such contract;
3. The permit shall be obtained and the permit fee paid in full by the applicant within one year after the filing date;
4. All work authorized by such permit shall be carried to completion under the terms of the permit; and
5. Permits granted under Section 123.1.3 shall not be extended if permitted to expire pursuant to Section 105.5, or if revoked pursuant to Sections 105.6 and 105.6.1.
123.1.4

Tenant Layout Permits. The work necessary to finish the interior layout of every tenant space of a building permitted under previous editions of the Construction Codes for first occupancy of each such tenant space, shall be considered part of the completion of said building, and the permits for such tenant work shall be allowed to be processed under the same edition of the Construction Codes as the base building permit, regardless of when the tenant layout project began.

123.2

Violations or Infractions. The laws and regulations in force on the date that a new edition of the Construction Codes is adopted pursuant to Section 122 shall apply with respect to violations or infractions committed prior to said date, whether the prosecutions or adjudications of those violations of infractions are begun before or after said date.

D.C. Mun. Regs. tit. 12, r. 12-A123

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.