D.C. Mun. Regs. tit. 12 § A101

Current through Register Vol. 70, No. 17, April 26, 2024
Rule 12-A101 - GENERAL
101.1

The Construction Codes. The 2017 District of Columbia Construction Codes, hereinafter referred to as the "Construction Codes," shall consist of:

1. The following Model Codes:
1.1 The International Building Code (2015) published by the International Code Council ("ICC");
1.2 The International Residential Code (2015) published by the ICC;
1.3 The National Electrical Code (2014) published by the National Fire Protection Association ("NFPA");
1.4 The International Fuel Gas Code (2015) published by the ICC;
1.5 The International Mechanical Code (2015) published by the ICC;
1.6 The International Plumbing Code (2015) published by the ICC;
1.7 The International Property Maintenance Code (2015) published by the ICC;
1.8 The International Fire Code (2015) published by the ICC;
1.9 The Energy Standard for Buildings Except Low-Rise Residential Buildings (ANSI/ASHRAE/IES 90.1-2013) published by the American Society of Heating, Refrigeration and Air-Conditioning Engineers, Inc. (ASHRAE) and the International Energy Conservation Code-Residential Provisions (2015) published by the ICC;
1.10 The International Existing Building Code (2015) published by the ICC;
1.11 The International Green Construction Code (2012) published by the ICC; and
1.12 The International Swimming Pool and Spa Code (2015).
2. All additions, insertions, and deletions to the Model Codes, as identified in the District of Columbia Construction Codes Supplement of 2017 (the "Construction Codes Supplement'), codified in Title 12 of the District of Columbia Municipal Regulations (DCMR).
3. Appendices in the Model Codes shall not apply unless specifically adopted in the Construction Codes Supplement.
101.1.1

Authority to Adopt Construction Codes. The Construction Codes are adopted in the District of Columbia pursuant to the provisions of the Construction Codes Act (as defined in Section 202.2).

101.1.2

Administration and Enforcement. Chapter 1 of 12-A DCMR shall serve as the administrative and enforcement provisions for the Building Code, Residential Code, Electrical Code, Fuel Gas Code, Mechanical Code, Plumbing Code, Energy Conservation Code, Existing Building Code, Green Construction Code and Swimming Pool and Spa Code, except as otherwise provided herein. Administrative and enforcement provisions for the Property Maintenance Code and the Fire Code are set forth in 12-G DCMR, Chapter 1, and 12-H DCMR, Chapter 1, respectively.

101.1.3

Definitions. Italicized words and terms shall have the meanings set forth in the Construction Codes.

101.2

Building Code. The District of Columbia Building Code 2017 ("Building Code") shall consist of the 2015 edition of the International Building Code ("International Building Code"), as amended by the Building Code Supplement of 2017 (12-A DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.2.1

Appendices. Provisions in the appendices of the International Building Code shall not apply unless specifically adopted in the Construction Codes Supplement.

101.2.2

Administration and Enforcement. Chapter 1 of the International Building Code is deleted in its entirety. In its place, the provisions of 12-A DCMR A, Chapter 1, shall apply to the Building Code and are incorporated herein by this reference.

101.2.3

Scope. The provisions of the Building Code shall apply to the construction, alteration, addition, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, demolition and raze of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exceptions:

1. Detached one- and two- family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures that comply with the Residential Code and Chapters 17, 18, 32, and 33 of the Building Code.
2. Existing buildings undergoing repair, alteration, addition or change of occupancy that comply with the Existing Building Code.
3. Home day care in dwelling units in Group R- 3 dwellings that comply with Appendix M of the Residential Code.
101.2.4

Intent. The purpose of the Building Code is to establish the minimum requirements to provide a reasonable level of safety, public health, and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, accessibility, sustainability, and safety to life and property from fire and other hazards attributed to the built environment, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations.

101.3

Residential Code. The District of Columbia Residential Code (2017) ("Residential Code") shall consist of the 2015 edition of the International Residential Code ("International Residential Code"), as amended by the Residential Code Supplement of 2017 (12-B DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.3.1

Appendices. Provisions in the appendices of the International Residential Code shall not apply unless specifically adopted in the Construction Codes Supplement.

101.3.2

Administration and Enforcement. Chapter 1 of the International Residential Code is deleted in its entirety. In its place, t he provisions of 12-A DCMR, Chapter 1, shall apply to the Residential Code and are incorporated by this reference.

101.3.3

Scope. The provisions of the Residential Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, demolition, and raze of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures.

Exceptions:

1. Live/work units complying with the requirements of Section 419 of the Building Code shall be allowed to be built as one- and two- family dwellings or townhouses. Fire suppression required by Section 419.5 of the Building Code, when a unit is constructed under the Residential Code, shall conform to Section 2904 of the Residential Code.
2. Owner-occupied lodging houses with five or fewer guestrooms shall be permitted to be constructed in accordance with the Residential Code when equipped with a fire sprinkler system that is in accordance with Section 2904 of the Residential Code.
3. Detached one- and two- family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures, shall be permitted to comply with the Building Code defined in Section 101.2.
4. Existing buildings undergoing repair, alteration, change of occupancy, addition to or relocation shall comply with the Existing Building Code defined in Section 101.4.8 or the current Construction Codes.
101.3.3.1

Home Day Care. Appendix M of the Residential Code shall apply to home day care, including Child Development Homes where oversight is provided by the Office of the State Superintendent of Education or a successor agency, in dwelling units within either:

(1) detached one- and two- family dwellings or townhouses within the scope of the Residential Code; or
(2) R- 3 dwellings.
101.3.4

Intent. The purpose of the Residential Code is to establish the minimum requirements to provide a reasonable level of safety, public health, and general welfare through affordability, structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy and resource conservation, and safety to life and property from fire and other hazards attributed to the built environment, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations.

101.4.

Electrical Code. The District of Columbia Electrical Code (2017) ("Electrical Code") shall consist of the 2014 edition of the National Electrical Code ("National Electrical Code") published by the National Fire Protection Association ("NFPA"), as amended by the Electrical Code Supplement of 2017 (12-C DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.4.1.

Annexes. Provisions in the annexes to the National Electrical Code are provided for informational purposes only, in accordance with Article 90, Section 90.5 of the National Electrical Code, unless otherwise specified in the Construction Codes Supplement.

101.4.2

Administration and Enforcement. The provisions of 12-A DCMR, Chapter 1, shall apply to the Electrical Code and are incorporated by this reference, without deletion of Article 90 of the National Electrical Code except as specified.

Exceptions: Sections 90.1(A), 90.1(C), 90.2, 90.4 and 90.6 of Article 90 of the National Electrical Code are deleted in their entirety.

101.4.3

Scope. The provisions of the Electrical Code shall apply to the design, installation, maintenance, alteration, conversion, changing, repairing, removal, and inspection of electrical conductors, equipment, and raceways; signaling and communications conductors, equipment, and raceways; and optical fiber cables and raceways for the following:

1. Public and private premises, including, but not limited to, buildings, other structures, mobile homes, recreational vehicles, and floating buildings.
2. Yards, lots, parking lots, carnivals, circuses, fairs and similar events, and industrial substations.
3. Installation of conductors and equipment that connect to the supply of electricity.
4. Installations used by the electric utility, such as office buildings, warehouses, garages, machine shops, and recreational buildings, that are not an integral part of a generating plant, substation, or control center.

Exceptions:

1. Installations in ships, watercraft other than floating buildings, railway rolling stock, aircraft, or automotive vehicles other than mobile homes and recreational vehicles.
2. Installations underground in mines and self-propelled mobile surface mining machinery and its attendant electrical trailing cable.
3. Installation of railways for generation, transformation, transmission, or distribution of power used exclusively for operation of rolling stock or installations used exclusively for signaling and communications purposes.
4. Installations of communications equipment under the exclusive control of communications utilities located outdoors or in building spaces used exclusively for such installations.
5. Installations under the exclusive control of an electrical utility where such installations:
5.1 Consist of service drops or service laterals, and associated metering, or
5.2 Are on property owned or leased by the electric utility for the purpose of communications, metering, generation, control, transformation, transmission, or distribution of electric energy, or
5.3 Are located in legally established easements or rights-of-way, or
5.4 Are located by other written agreements either designated by or recognized by public service commissions, utility commissions, or other regulatory agencies having jurisdiction for such installations. These written agreements shall be limited to installations for the purpose of communications, metering, generation, control, transformation, transmission, or distribution of electrical energy where legally established easements or rights-of-way cannot be obtained. These installations shall be limited to federal lands, Native American reservations through the U.S. Department of the Interior, Bureau of Indian Affairs, military bases, lands controlled by port authorities and state agencies and departments, and lands owned by railroads.
6. Installations that are part of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with separate means of egress and their accessory structures that comply with the Residential Code.
101.4.4

Intent. The purpose of the Electrical Code is to establish minimum requirements to safeguard persons and property from hazards arising from the use of electricity, and is not intended as a design specification or as an instruction manual for untrained persons.

101.5

Fuel Gas Code. The District of Columbia Fuel Gas Code (2017) ("Fuel Gas Code") shall consist of the 2015 edition of the International Fuel Gas Code ("International Fuel Gas Code"), as amended by the Fuel Gas Code Supplement of 2017 (12-D DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.5.1

Appendices. Provisions in the appendices of the International Fuel Gas Code shall not apply unless specifically adopted in the Construction Codes Supplement.

101.5.2

Administration and Enforcement. Chapter 1 of the International Fuel Gas Code is deleted in its entirety. In its place, the provisions of 12-A DCMR, Chapter 1, shall apply to the Fuel Gas Code and are incorporated by this reference.

101.5.3

Scope. The provisions of the Fuel Gas Code shall apply to the installation of fuel gas piping systems, fuel gas utilization equipment, gaseous hydrogen systems, and related accessories, as follows:

1. Gaseous hydrogen systems shall be regulated by Chapter 7.
2. The regulations shall cover piping systems for natural gas with an operating pressure of 125 pounds per square inch gauge (psig) (862 kPa gauge) or less, and for LP-gas with an operating pressure of 20 psig (140 kPa gauge) or less, except as provided in Section 402.6.1. Coverage shall extend from the point of delivery to the outlet of the equipment shutoff valves. Piping system requirements shall include design, materials, components, fabrication, assembly, installation, testing, inspection, operation, and maintenance.
3. Requirements for gas utilization equipment and related accessories shall include installation, combustion and dilution air, and venting and connection to piping systems.
4. The requirements for the design, installation, maintenance, alteration, and inspection of mechanical appliances operating with fuels other than fuel gas shall be regulated by the Mechanical Code.

Exception to 101.5.3: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with separate means of egress and their accessory structures that comply with the Residential Code.

101.5.3.1

Exempted Installations and Equipment. The Fuel Gas Code shall not apply to the following:

1. Portable LP-Gas equipment of all types that is not connected to a fixed fuel system.
2. Installation of farm equipment such as brooders, dehydrators, dryers and irrigation equipment.
3. Raw material (feedstock) applications except for piping to special atmosphere generators.
4. Oxygen-fuel gas cutting and welding systems.
5. Industrial gas applications using gases such as acetylene and acetylenic compounds, hydrogen, ammonia, carbon monoxide, oxygen and nitrogen.
6. Petroleum refineries, pipeline compressor or pumping stations, loading terminals, compounding plants, refinery tank farms and natural gas processing plants.
7. Integrated chemical plants or portions of such plants where flammable or combustible liquids or gases are produced by chemical reactions or used in chemical reactions.
8. LP-Gas installations at utility gas plants.
9. Liquefied natural gas (LNG) installations.
10. Fuel gas piping in power and atomic energy plants.
11. Proprietary items of equipment, apparatus, or instruments such as gas generating sets, compressors and calorimeters.
12. LP-Gas equipment for vaporization, gas mixing and gas manufacturing.
13. Temporary LP-Gas piping for buildings under construction or renovation that is not to become part of the permanent piping system.
14. Installation of LP-Gas systems for railroad switch heating.
15. Installation of LP-Gas and compressed natural gas (CNG) systems on vehicles.
16. Except as provided in Section 401.1.1 of the Fuel Gas Code, gas piping, meters, gas pressure regulators, and other appurtenances used by the serving gas supplier in the distribution of gas, other than undiluted LP-Gas.
17.Building design and construction, except as specified herein.
18. Piping systems for mixtures of gas and air within the flammable range with an operating pressure greater than 10 psig (69 kPa gauge).
19. Portable fuel cell appliances that are neither connected to a fixed piping system nor interconnected to a power grid.
101.5.4

Intent. The purpose of the Fuel Gas Code is to establish minimum standards to provide a reasonable level of safety, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of fuel gas systems.

101.6

Mechanical Code. The District of Columbia Mechanical Code (2017) ("Mechanical Code") shall consist of the 2015 edition of the International Mechanical Code ("International Mechanical Code"), as amended by the Mechanical Code Supplement of 2017 (12-E DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.6.1

Appendices. Provisions in the appendices of the International Mechanical Code shall not apply unless specifically adopted in the Construction Codes Supplement.

101.6.2

Administration and Enforcement. Chapter 1 of the International Mechanical Code is deleted in its entirety. In its place, the provisions of 12-A DCMR, Chapter 1, shall apply to the Mechanical Code and are incorporated by this reference.

101.6.3

Scope. The provisions of the Mechanical Code shall regulate the design, installation, maintenance, alteration, and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. The Mechanical Code shall also regulate those mechanical systems, systems components, equipment and appliances specifically addressed therein. The installation of fuel gas distribution piping and equipment, fuel gas- fired appliances and fuel gas-fired appliance venting systems shall be regulated by the Fuel Gas Code.

Exception: Detached one- and two- family dwellings and townhouses not more than three stories above grade plane in height with separate means of egress and their accessory structures that comply with the Residential Code.

101.6.4

Intent. The purpose of the Mechanical Code is to establish minimum standards to provide a reasonable level of safety, health, property protection and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of mechanical systems.

101.7

Plumbing Code. The District of Columbia Plumbing Code (2017) ("Plumbing Code") shall consist of the 2015 edition of the International Plumbing Code ("International Plumbing Code"), as amended by the Plumbing Code Supplement of 2017 (12-F DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.7.1

Appendices. Provisions in the appendices of the International Plumbing Code shall not apply unless specifically adopted in the Construction Codes Supplement.

101.7.2

Administration and Enforcement. Chapter 1 of the International Plumbing Code is deleted in its entirety. In its place, the provisions of 12-A DCMR, Chapter 1, shall apply to the Plumbing Code and are incorporated by this reference.

101.7.3

Scope. The provisions of the Plumbing Code shall apply to the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing systems within the District of Columbia. The Plumbing Code shall also regulate non- flammable medical gas, inhalation anesthetic, vacuum piping, non-medical oxygen systems and sanitary and condensate vacuum collection systems.

Exceptions:

1.

Detached one- and two- family dwellings and townhouses not more than three stories above grade plane in height with separate means of egress and their accessory structures that comply with the Residential Code.

2.

The design and installation of fuel gas distribution piping and equipment, fuel gas fired water heaters, and water heater venting systems shall be regulated by the Fuel Gas Code.

3.

The design and installation of chilled water piping in connection with refrigeration process and comfort cooling, and hot water piping in connection with building heating, shall conform to the requirements of the Mechanical Code.

4.

The design and installation of piping for fire sprinklers and standpipes shall conform to the requirements of the Building Code. Water and drainage connections to such installations shall be made in accordance with the requirements of the Plumbing Code.

101.7.4

Intent. The purpose of the Plumbing Code is to establish minimum standards to provide a reasonable level of safety, health, property protection and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of plumbing equipment and systems.

101.8

Property Maintenance Code. The District of Columbia Property Maintenance Code (2017) ("Property Maintenance Code") shall consist of the 2015 edition of the International Property Maintenance Code ("International Property Maintenance Code") as amended by the Property Maintenance Code Supplement of 2017 (12-G DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.8.1

Appendices. Provisions in the appendices of the International Property Maintenance Code shall not apply unless specifically adopted in the Construction Codes Supplement.

101.8.2

Administration and Enforcement. Chapter 1 of the International Property Maintenance Code is deleted in its entirety. Administration and enforcement provisions for the Property Maintenance Code are set forth in 12-G DCMR, Chapter 1.

101.8.3

Scope. The provisions of the Property Maintenance Code shall apply to all existing residential and nonresidential premises and shall constitute minimum requirements and standards for: premises, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing premises; and for administration, enforcement and penalties.

101.8.4

Intent. The purpose of the Property Maintenance Code is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of premises. Existing premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required therein.

101.9

Fire Code. The District of Columbia Fire Code (2017) ("Fire Code") shall consist of the 2015 edition of the International Fire Code ("International Fire Code"), as amended by the Fire Code Supplement of 2017 (12-H DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.9.1

Appendices. Provisions in the appendices of the International Fire Code shall not apply unless specifically adopted in the Construction Codes Supplement.

101.9.2

Administration and Enforcement. Chapter 1 of the International Fire Code is deleted in its entirety. Administration and enforcement provisions for the Fire Code are set forth in 12-H DCMR, Chapter 1.

101.9.3

Scope. The provisions of the Fire Code shall establish regulations affecting or relating to premises, processes, and safeguards regarding: the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; conditions hazardous to life, property or public welfare in the occupancy of premises; fire hazards on the premises from occupancy or operation; and conditions affecting the safety of fire fighters and emergency responders during emergency operations.

101.9.4

Intent. The purpose of the Fire Code is to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion, or dangerous conditions in all premises, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations.

101.10

Energy Conservation Code. The District of Columbia Energy Conservation Code (2017) ("Energy Conservation Code") shall consist of the Energy Conservation Code-Commercial Provisions and the Energy Conservation Code-Residential Provisions. The Energy Conservation Code-Commercial Provisions shall consist of ANSI/ASHRAE/IES 90.1-2013, Energy Standard for Buildings Except Low-Rise Residential Buildings ("ASHRAE 90.1"), as amended by the Energy Conservation Code Supplement of 2017 - Commercial Provisions (12-I[CE] DCMR) of the District of Columbia Construction Codes Supplement of 2017. The Energy Conservation Code-Residential Provisions shall consist of the Residential Provisions of the 2015 edition of the International Energy Conservation Code ("International Energy Conservation Code-Residential Provisions"), as amended by the Energy Conservation Code Supplement of 2017 - Residential Provisions (12-I[RE] DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.10.1

Appendices. Provisions in the appendices to the Energy Conservation Code-Commercial Provisions shall not apply unless specifically adopted in the Construction Codes Supplement. The Energy Conservation Code-Residential Provisions has no appendices.

101.10.1.1

Normative and Informative Appendices. Normative Appendices A, B, C, D and G of ASHRAE 90.1, as amended by the Energy Conservation Code Supplement, are adopted in the District of Columbia as an integral part of the mandatory requirements of the Energy Conservation Code-Commercial Provisions, which, for reasons of convenience are placed apart from all other normative elements. Informative Appendices E and F of ASHRAE 90.1 and informative notes located within the Energy Conservation Code-Commercial Provisions contain additional information and are not mandatory requirements.

101.10.1.2

Appendix Z. Appendix Z to the Energy Conservation Code-Commercial Provisions provides an alternative compliance path. See Section 101.10.6.

101.10.2

Administration and Enforcement. Sections 1, 2 and 4 of ASHRAE 90.1 and Chapter 1 [RE] of the International Energy Conservation Code are deleted in their entirety. In their place, the provisions of 12-A DCMR, Chapter 1, shall apply to the Energy Conservation Code and are incorporated by this reference.

101.10.3

Scope and General Requirements.

101.10.3.1

Scope. The Energy Conservation Code shall apply to commercial buildings, residential buildings and the buildings' sites and associated systems and equipment.

Exceptions:

1.Existing Buildings. Except as specified in 12-A DCMR, Chapter 1, the Energy Conservation Code shall not be used to require the removal, alteration or abandonment of, nor prevent the continued use and maintenance of, an existing building or building system lawfully in existence at the time of adoption of the Energy Conservation Code.
2.Historic Buildings. Provisions of the Energy Conservation Code relating to the construction, repair, alteration, restoration and movement of structures, and change of occupancy shall not be mandatory for historic buildings provided that a report has been submitted to the code official and signed by the owner, or a registered design professional, or a certification has been submitted to the code official and signed by the State Historic Preservation Office, demonstrating that compliance with that provision would threaten, degrade or destroy the historic form, fabric or function of the building.
3.Low Energy Buildings. The following buildings, or portions thereof, separated from the remainder of the building by building thermal envelope assemblies complying with the Energy Conservation Code shall be exempt from the building thermal envelope provisions of the Energy Conservation Code:
a. Buildings, or portions thereof, with a peak design rate of energy usage less than 3.4 Btu/h * ft2 (10.7 W/m2) or 1.0 watt/ft2 (10.7 W/m2) of floor area for space conditioning purposes.
b. Buildings, or portions thereof, that do not contain conditioned space.
4. Where the commercial building project complies with one of the alternative compliance paths set forth in Section 101.10.6.
5. Where the residential building project complies with one of the alternative compliance paths set forth in Section 101.10.7.
101.10.4

Intent. The Energy Conservation Code shall regulate the design and construction of buildings for the effective use and conservation of energy over the useful life of each building. The Energy Conservation Code is intended to provide flexibility to permit the use of innovative approaches and techniques to achieve this objective. The Energy Conservation Code is not intended to abridge safety, health or environmental requirements contained in other applicable codes or ordinances.

101.10.5

Compliance.Residential buildings shall meet the provisions of the Energy Conservation Code-Residential Provisions. Commercial buildings shall meet the provisions of the Energy Conservation Code-Commercial Provisions.

101.10.5.1

Mixed Occupancy. Where a building includes both residential and commercial occupancies, each occupancy shall be separately considered and meet the applicable provisions of the Energy Conservation Code-Commercial Provisions or the Energy Conservation Code- Residential Provisions.

101.10.5.2

Compliance Materials. The code official is authorized to approve specific computer software, worksheets, compliance manuals and other similar materials that meet the intent of the Energy Conservation Code.

101.10.6

Alternative Compliance Paths for Commercial Building Projects. In lieu of the requirements of the Energy Conservation Code-Commercial Provisions, commercial building projects that comply with one of the alternative compliance paths set forth in Sections 101.10.6.1 through 101.10.6.7 shall be deemed to comply with the Energy Conservation Code-Commercial Provisions.

101.10.6.1

Appendix Z. Demonstrate compliance with all sections of Appendix Z with the exception of Z5.2 of the Energy Conservation Code-Commercial Provisions.

101.10.6.2

Compliance Utilizing ILFI Living Building Challenge.

Design, construct and certify to the International Living Future Institute's Living Building Challenge program for either full Living Building Challenge or Energy Petal certification. The owner shall provide documentation to the code official confirming registration with the Living Building Challenge program prior to permit issuance. The owner shall have an 18- month period from the date of issuance of the first certificate of occupancy, or from approval of the final inspection, to submit official evidence of certification to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification.

101.10.6.3

Compliance Utilizing ILFI Zero Energy Building. Design, construct and certify to the International Living Future Institute's Net Zero Energy Building Certification. The owner shall provide documentation to the code official confirming registration with the Net Zero Energy program prior to permit issuance. The owner shall have an 18- month period from the date of issuance for the project of the certificate of occupancy, or from approval of the final inspection, to submit official evidence of certification to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification.

101.10.6.4

Compliance Utilizing PHIUS+ and On-Site Solar. Design, construct and certify to the Passive House Institute United States' PHIUS+ program. The owner shall have an 18-month period from the date of issuance of the certificate of occupancy for the project, or from approval of the final inspection, to submit official evidence of certification by the PHIUS+ program to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification. Additionally, the owner must install a solar PV system on the building's roof that offsets the annual net energy use.

101.10.6.5

Compliance Utilizing PHI and On-Site Solar. Design, construct and certify to the Passive House Institute program. The owner shall have an 18-month period from the date of issuance for the project of the certificate of occupancy, or from approval of the final inspection, to submit official evidence of certification by the PHI program to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification. Additionally, the owner must install a solar PV system on the building's roof that offsets the annual net energy use.

101.10.6.6

Compliance Utilizing LEED and LEED Zero Carbon.

Design, construct, and certify to the LEED Rating System and LEED Zero Carbon Rating System. The owner shall provide approved documentation to the code official prior to permit issuance (1) confirming registration with the LEED Rating System programs, and (2) an approved pre-construction energy model that is consistent with achieving LEED Zero Carbon certification. Additionally, owner must complete "Enhanced Commissioning" requirements during construction. The owner shall have an 18- month period from the date of issuance of the certificate of occupancy, or from approval of the final inspection, whichever is later, to submit official evidence of certification to both LEED and LEED Zero Carbon to the code official.

101.10.6.7

Compliance Utilizing LEED and LEED Zero Energy.

Design, construct and certify to the LEED Rating System and LEED Zero Energy Rating System. The owner shall provide approved documentation to the code official prior to permit issuance (1) confirming registration with the LEED Rating System programs, and (2) an approved pre-construction energy model that is consistent with achieving LEED Zero Energy certification. Additionally, owner must complete "Enhanced Commissioning" requirements during construction. The owner shall have an 18-month period from the date of issuance for the project of the certificate of occupancy, or from approval of the final inspection, whichever is later, to submit official evidence of certification to both LEED and LEED Zero Energy to the code official.

101.10.7

Alternative Compliance Paths for Residential Buildings In lieu of the requirements of the Energy Conservation Code-Residential Provisions, residential building projects that comply with one of the alternative compliance paths set forth in Sections 101.10.7.1 through 101.10.7.9 shall be deemed to comply with the Energy Conservation Code-Residential Provisions.

101.10.7.1

Compliance Utilizing ERI. Design and construct to an Energy Rating Index (ERI) of "0" in accordance with Section R406 of the Energy Conservation Code-Residential Provisions. Verify compliance at the completion of construction per guidance given by the code official.

101.10.7.2

Compliance Utilizing DCRA Residential Net-Zero Energy Program. Achieve compliance with the requirements of DCRA's Residential Net- Zero Energy Program as set forth in an administrative bulletin.

101.10.7.3

Compliance Utilizing ILFI Living Building Challenge.

Design, construct and certify to the International Living Future Institute's Living Building Challenge program for either full Living Building Challenge or Energy Petal certification. The owner shall provide documentation to the code official confirming registration with the Living Building Challenge program prior to permit issuance. The owner shall have an 18- month period from the date of issuance of the first certificate of occupancy, or from approval of the final inspection, to submit official evidence of certification to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification.

101.10.7.4

Compliance Utilizing ILFI Zero Energy Building Certification. Design, construct and certify to the International Living Future Institute's Zero Energy Building Certification. The owner shall provide documentation to the code official confirming registration with the Zero Energy Building program prior to permit issuance. The owner shall have an 18- month period from the date of issuance for the project of the certificate of occupancy, or from approval of the final inspection, to submit official evidence of certification to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification.

101.10.7.5

Compliance Utilizing DOE Zero Energy Ready Home and On-site Solar. Design, construct and certify to the standards of the Zero Energy Ready Home program of the United States Department of Energy (DOE). The owner shall have an 18-month period from the date of issuance of the certificate of occupancy, or from approval of the final inspection, to submit official evidence of certification to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification. Additionally, the owner must install a solar PV system on the roof that offsets the annual net energy use of the home.

101.10.7.6

Compliance Utilizing PHIUS+ and On-site Solar. Design, construct and certify to the Passive House Institute United States' PHIUS+ program. The owner shall have an 18-month period from the date of issuance of the certificate of occupancy, or approval of the final inspection, to submit official evidence of certification to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification. Additionally, the owner must install a solar PV system on the roof that offsets the annual net energy use of the home.

101.10.7.7

Compliance Utilizing PHI and On-Site Solar. Design, construct and certify to the Passive House Institute program. The owner shall have an 18-month period from the date of issuance of a certificate of occupancy or from approval of the final inspection, whichever is later, to submit official evidence of certification by the PHI program to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification. Additionally, the owner must install a solar PV system on the roof that offsets the annual net energy use of the house.

101.10.7.8

Compliance Utilizing LEED and LEED Zero Carbon.

Design, construct and certify to the LEED for Homes or LEED for Homes Midrise Rating Systems, and LEED Zero Carbon Rating System. The owner shall provide approved documentation to the code official prior to permit issuance (1) confirming registration with the LEED rating system programs, and (2) an approved pre-construction energy model that is consistent with achieving LEED Zero Carbon certification. The owner shall have an 18-month period from the date of issuance of a certificate of occupancy for the project or from the date of final inspection approval, whichever is later, to submit official evidence of certification by both LEED and LEED Zero Carbon to the code official.

101.10.7.9

Compliance Utilizing LEED and LEED Zero Energy.

Design, construct and certify to the LEED for Homes or LEED for Homes Midrise Rating Systems, and LEED Zero Energy Rating System. The owner shall provide approved documentation to the code official prior to permit issuance (1) confirming registration with the LEED rating system programs, and (2) an approved pre-construction energy model that is consistent with achieving LEED Zero Energy certification. The owner shall have an 18-month period from the date of issuance of a certificate of occupancy for the project or from approval of the final inspection, whichever is later, to submit official evidence of certification by both LEED and LEED Zero Energy to the code official.

101.11

Existing Building Code. The District of Columbia Existing Building Code (2017) ("Existing Building Code") shall consist of the 2015 edition of the International Existing Building Code ("International Existing Building Code"), as amended by the Existing Building Code Supplement of 2017 (12-J DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.11.1

Appendices. Provisions in the appendices of the International Existing Building Code shall not apply unless specifically adopted in the Construction Codes Supplement.

101.11.2

Administration and Enforcement. Chapter 1 of the International Existing Building Code is deleted in its entirety. In its place, the provisions of 12-A DCMR, Chapter 1, shall apply to the Existing Building Code and are incorporated by this reference.

101.11.3

Scope. The provisions of the Existing Building Code shall apply to the repair, alteration, change of occupancy, or relocation of, or addition to, existing buildings, including existing buildings under the jurisdiction of the Residential Code.

101.11.3.1

Residential Code References. In the Existing Building Code, all references to R occupancies in general, or R- 3 in particular, shall also refer to any existing building or existing structure under the jurisdiction of the Residential Code.

101.11.3.2

Residential Code Applicability. In the Existing Building Code, for buildings regulated by the Residential Code, references to the Building Code shall refer to the Residential Code.

101.11.4

Intent. The purpose of the Existing Building Code is to provide the code official with flexibility to permit the use of alternative approaches to achieve compliance with minimum requirements to safeguard the public health, safety, and welfare, insofar as they are affected by the repair, alteration, change of occupancy, addition or relocation of existing buildings.

101.12

Green Construction Code. The District of Columbia Green Construction Code (2017) ("Green Construction Code") shall consist of the 2012 edition of the International Green Construction Code ("International Green Construction Code"), as amended by the Green Construction Code Supplement of 2017 (12-K DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.12.1

Appendices. Provisions in the appendices of the International Green Construction Code shall not apply unless specifically adopted in the Construction Codes Supplement.

101.12.2

Administration and Enforcement. Chapter 1 of the International Green Construction Code is deleted in its entirety. In its place, the provisions of 12-A DCMR, Chapter 1, shall apply to the Green Construction Code and are incorporated by this reference.

101.12.3

Scope. The provisions of the Green Construction Code shall apply to the construction, addition, alteration, relocation, demolition, and razing of every building or structure and appurtenances connected or attached to such buildings or structures and to the site on which the building or structure is located except as otherwise provided in this Section 101.12.3 or in the Green Construction Code.

Exceptions:

1. The Green Construction Code shall not apply to the following:
a.Demolition or razing of a building or structure of less than 10,000 square feet (929 m2 ), unless associated with a new construction, an addition, and/or site work of 10,000 square feet or more (929 m2);
b. New construction and associated building site development, including construction of an addition to an existing building, of less than 10,000 square feet (929 m2);
c.Alteration of an existing building where the aggregate area of construction or renovation is less than 10,000 square feet; or
d. Relocation of structures of less than 10,000 square feet (929 m2).
2. The Green Construction Code shall not apply to the following residential construction:
a. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height above grade plane with a separate means of egress, their accessory structures, and the site or lot upon which these buildings are located.
b. Group R- 3 residential buildings, their accessory structures, and the site or lot upon which these buildings are located.
3. The Green Construction Code shall not be deemed to require the removal, alteration or abandonment of, nor prevent the continued use and maintenance of, an existing building, building system or building component lawfully in existence at the time of adoption of the Green Construction Code, unless within the work area of an alteration as defined in Section 101.12.3.1.
a. The Green Construction Code shall not apply to equipment or systems that are used primarily for industrial or manufacturing.
b. The Green Construction Code shall not apply to temporary structures approved under Sections 107 and 3103 of the Building Code.
c. Appendix A to the Green Construction Code shall not apply to alterations except for Level 3 alterations, or Level 2 alterations 50,000 square feet and larger where 10,000 square feet of the space is being reconfigured.
d. Appendix A to the Green Construction Code shall not apply to first time tenant fit-outs except for first time tenant fit-outs 10,000 square feet and larger.
4. The Green Construction Code shall not apply where a project is within the scope of the Green Building Act of 2006, effective March 8, 2007 (D.C. Law 16-234; D.C. Official Code §§ 6-1451.01et seq. (2018 Repl.)), as amended ("Green Building Act"), and the project complies with the provisions of the Green Building Act and the regulations promulgated thereunder set forth in Section 302 of the Green Construction Code.
5. The Green Construction Code shall not apply where a project complies with one of the alternative compliance paths set forth in Section 101.12.5.
101.12.3.1

Applicability to Alteration. Determination of whether the area threshold would be triggered by an alteration of an existing building shall be based upon the aggregate area affected by the alteration; the work area where the alteration is to take place shall be identified in the permit application. An alteration includes, but is not limited to, fit out of space in an existing building not previously built out and fit out of space following demolition of previously built out space in an existing building. Areas of an existing building beyond the work area of an alteration shall not be included to determine if the Green Construction Code would be applicable to the alteration. Notwithstanding a determination that the size of the work area of an alteration would subject the alteration to the provisions of the Green Construction Code, compliance with the Green Construction Code shall not be required for building areas, components, and systems that are located outside of the affected work area of the alteration.

101.12.3.2

Applicability to Additions. Only the aggregate area of a proposed addition to an existing building shall be used to determine if the provisions of the Green Construction Code would be applicable to the work to be undertaken to construct the addition. The portion(s) of an existing building that would not be altered by the construction of the addition shall not be used to determine if the threshold for application of the Green Construction Code would be met. If the provisions of the Green Construction Code would be applicable to the construction of an addition, then only the work to be undertaken in the addition shall be subject to the provisions of the Green Construction Code; the portion(s) of an existing building, building components or building systems located outside of the addition are not required to be brought into compliance with the provisions of the Green Construction Code.

101.12.4

Intent. The Green Construction Code is intended to safeguard the environment, public health, safety and general welfare through the establishment of requirements to reduce the negative impacts and increase the positive impacts of the built environment on the natural environment and building occupants. The Green Construction Code is not intended to abridge or supersede safety, health or environmental requirements under other applicable codes or ordinances.

101.12.5.

Alternative Compliance Paths. In lieu of the requirements of the Green Construction Code, projects that comply with one of the alternative compliance paths set forth in Sections 101.12.5.1 through 101.12.5.4 shall be deemed to comply with the Green Construction Code.

101.12.5.1

Compliance Utilizing Living Building Challenge. Projects designed, constructed and certified to be in compliance with the International Living Future Institute's Living Building Challenge standard listed in Chapter 35 shall be deemed to comply with the Green Construction Code. The owner shall have an 18- month period from the date of issuance for the project of the certificate of occupancy, or the first certificate of occupancy for occupiable space in a story above grade plane where a project has multiple certificates of occupancy, to submit evidence of Living Building Challenge certification to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification.

101.12.5.2

Compliance Utilizing LEED. Projects designed, constructed and certified to be in compliance with one or more of the U.S. Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) standards listed in Chapter 35 at the Certified Level or higher shall be deemed to comply with the Green Construction Code. The owner shall have a 12- month period from the date of issuance for the project of the certificate of occupancy, or the first certificate of occupancy for occupiable space in a story above grade plane where a project has multiple certificates of occupancy, to submit evidence of LEED certification to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification. Projects utilizing the LEED alternative compliance path shall also certify using either the EPA's Energy Star New Homes Program or Multifamily High Rise Program, as applicable.

101.12.5.3

Compliance Utilizing Green Communities. Affordable housing in Group R- 2 occupancies designed, constructed and certified to be in compliance with the Enterprise Community Partners standard listed in Chapter 35 shall be deemed to comply with the Green Construction Code. The owner shall have a 12- month period from the date of issuance for the Group R- 2 occupancy of the certificate of occupancy, or the first certificate of occupancy for occupiable space in a story above grade plane where a project has multiple certificates of occupancy, to submit certification of compliance with the applicable Enterprise Community Partners standard to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification. Affordable housing for the purpose of this section shall consist of projects eligible for certification by Enterprise Community Partners or as otherwise defined by the code official. New construction projects utilizing the Enterprise Green Communities alternative compliance path shall also certify using either the EPA's Energy Star New Homes Program or Multifamily High Rise Program, as applicable.

101.12.5.4

Compliance Utilizing National Green Building Standard (ICC 700). Group R- 2 occupancies designed, constructed and certified to be in compliance with:

(a) the National Green Building Standard, ICC 700, listed in Chapter 35, at the bronze level or higher; and
(b) the EPA's Energy Star New Homes Program or Multifamily High Rise Program, as applicable, listed in Chapter 35, shall be deemed to comply with the Green Construction Code. The owner shall have a 12-month period from the date of issuance for the Group R- 2 occupancy of the certificate of occupancy, or the first certificate of occupancy for occupiable space in a story above grade plane where a project has multiple certificates of occupancy, to submit evidence of certification to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification.
101.13

Swimming Pool and Spa Code. The District of Columbia Swimming Pool and Spa Code (2017) ("Swimming Pool and Spa Code") shall consist of the 2015 edition of the International Swimming Pool and Spa Code ("International Swimming Pool and Spa Code"), as amended by the Swimming Pool and Spa Code Supplement of 2017 (12-L DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.13.1

Appendices. Provisions in the appendices of the International Swimming Pool and Spa Code shall not apply unless specifically adopted in the Construction Codes Supplement.

101.13.2

Administration and Enforcement. Chapter 1 of the International Swimming Pool and Spa Code is deleted in its entirety. In its place, the provisions of 12-A DCMR, Chapter 1, shall apply to the Swimming Pool and Spa Code and are incorporated by this reference.

101.13.3

Scope. The provisions of the Swimming Pool and Spa Code shall apply to the construction, alteration, movement, renovation, replacement, repair and maintenance of aquatic recreation facilities, pools and spas. The pools and spas covered by the Swimming Pool and Spa Code are either permanent or temporary, and shall be only those that are designed and manufactured to be connected to a circulation system and that are intended for swimming, bathing or wading.

101.13.4

Intent. The purpose of the Swimming Pool and Spa Code is to establish minimum standards to provide a reasonable level of safety and protection of health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location and maintenance or use of pools and spas.

101.13.5

Applicability. Any pool or spa and related mechanical, electrical and plumbing systems lawfully in existence at the time of the adoption of the Swimming Pool and Spa Code shall be permitted to have their use and maintenance continued if the use, maintenance or repair is in accordance with the original design and no hazard to life, health or property is created. Additions, alterations, renovations or repairs to any pool, spa or related system shall conform to the requirements for a new system without requiring the existing systems to comply with the requirements of the Swimming Pool and Spa Code provided that such systems were lawfully in existence at the time of the adoption of the Swimming Pool and Spa Code.

101.13.5.1

Moved Pools and Spas. Unless covered by Section 101.13. 5, systems that are a part of a pool, spa or system moved indoor within the District of Columbia shall comply with the provisions of the Swimming Pool and Spa Code for new installations.

101.13.6

Other Requirements.Owners and operators of swimming pools and spas shall also comply with the requirements of other District government agencies, including the Department of Health (DOH) regulations set forth in 25-C DCMR, Chapter 64, and the District Department of the Environment (DDOE) regulations set forth in 21 DCMR, Chapter 5.

101.14

Jurisdiction. The Construction Codes shall apply to premises within the limits of the District of Columbia, including premises owned, occupied or controlled by the Government of the District of Columbia or any of its independent agencies.

101.14.1

Federal Premises. Except as set forth in Section 101.14.1.1, the Construction Codes shall not apply to premises owned by the United States of America. Premises under the exclusive control of an officer of the United States government in his or her official capacity shall be deemed to be owned by the United States of America for purposes of this section, provided that the premises shall not be deemed to be under the exclusive control of an officer of the United States government where:

(a) the premises (or any portions thereof) are leased to the United States of America, but the lessor is responsible for maintenance and repairs to the leased premises; or
(b) the premises are owned by the United States of America, but leased to a person or persons other than the United States of America for development pursuant to a long-term ground lease or comparable property interest.
101.14.1.1

Applicability of Environmental Laws and Regulations.

Notwithstanding Section 101.14.1, and even where the Construction Codes may not otherwise apply to a particular project, a permit in accordance with Section 105.1 is required for (1) major substantial improvement activities (as defined in 21 DCMR Chapter 5) or (2) land-disturbing activities involving the implementation of stormwater management, erosion and sediment control, or floodplain management measures, and to the extent required by, 21 DCMR Chapter 5, 20 DCMR Chapter 31, or the Soil Erosion and Sedimentation Control Amendment Act of 1994, effective August 26, 1994 (D.C. Law 10-166; D.C. Official Code § 6-1403 (2018 Repl.)).

101.14.2

Foreign Missions. 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 Section 206 of the Foreign Missions Act, approved August 24, 1982 (96 Stat. 286; D.C. Official Code § 6-1306(g) (2018 Repl.)), that is, foreign missions shall substantially comply with the Construction Codes as required by the U.S. Secretary of State in a manner determined by the Secretary not to be inconsistent with the international obligations of the United States. Notwithstanding the foregoing, a permit shall be required for all land-disturbing activities or major substantial improvement activities as defined by 21 DCMR Chapter 5.

101.14.3

President or Vice President's Residence. No permit required under the Construction Codes shall be issued if it is determined by the code official, defined in Section 103.1 of the Building Code, that:

1. The permit affects an area in close proximity to the official residence of the President or Vice President of the United States as close proximity is determined by the United States; and
2. 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.
101.14.4

Structures Located in or Adjacent to Rivers or Bodies of Water. The Construction Codes shall apply to structures, including, but not limited to, piers, wharves, jetties, slips, boat storage facilities, marinas, and pilings, located in or adjacent to any river or body of water within the limits of the District of Columbia, pursuant to An Act Relative to the control of wharf property and certain public spaces in the District of Columbia, approved March 3, 1899 (30 Stat. 1377; D.C. Official Code § 10-501.01 (2013 Repl.)). Notwithstanding the foregoing, work affecting navigable waters may also require a permit from the U.S. Army Corps of Engineers pursuant to the Rivers and Harbors Appropriation Act of 1899, effective March 3, 1899 (30 Stat. 1151; 33 USC § 401 (2007)).

D.C. Mun. Regs. Tit. 12, § A101

Final Rulemaking published at 67 DCR 5679 (5/29/2020)