Statutes, codes, and regulations
District Of Columbia Administrative Code
Title 12 - CONSTRUCTION CODES SUPPLEMENT OF 2017Subtitle 12-A - BUILDING CODE SUPPLEMENT OF 2017
Chapter 12-A1 - ADMINISTRATION AND ENFORCEMENT
Rule 12-A103 - DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS

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

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Current through Register Vol. 71, No. 23, June 7, 2024
Rule 12-A103 - DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS

Strike Section 103 of the International Building Code in its entirety and substitute new Section 103 in the Building Code in its place to read as follows:

103.1

Code Official. The Director shall be, and shall hereinafter be referred to as, the code official for the enforcement of the provisions of the Construction Codes. Where in the Construction Codes the term "building official" is used, it shall mean the "code official."

Exception: Subject to the provisions of Section 103.2 as to Fire Code enforcement.

103.1.1

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

103.1.2

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

103.2

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

103.3

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

103.3.1

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

103.4

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

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

Access to Public Records. Access to the public records of the Department is governed by the Freedom of Information Act, effective March 25, 1977 (D.C. Law 1-96; D.C. Official Code §§ 2-531et seq. (2016 Repl. & 2019 Supp.)) (the "Freedom of Information Act"). The public records of th e Department (as the term "public records" is defined in An Act To prescribe administrative procedures for the District of Columbia government, approved October 21, 1968 (82 Stat. 1203; D.C. Official Code § 2-502(18) (2016 Repl. & 2019 Supp.)) (the "Administrative Procedure Act") shall be available for inspection and copying subject to the exemptions and procedures set forth in the Freedom of Information Act.

103.5.1

Publically Available Information. The Department shall make the following information available for inspection without a written request:

1.Permit Documents. Copies of issued permits, permit applications, and all documents submitted in support of permit applications (including plans);
2.Certificates of Occupancy. Copies of issued Certificates of Occupancy; and
3.Other Information. Other information and documents that the Department makes publically available on its website.
103.5.2

Fees for Related Services. Fees for services rendered in response to information requests, including researching and copying any requested documents, are set forth in 1 DCMR § 408.

Exceptions: Advisory Neighborhood Commissioners shall not be required to pay a fee for researching and copying requested documents intended for official ANC purposes.

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

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