D.C. Mun. Regs. r. 12-A104
Strike Section 104 of the International Building Code in its entirety and substitute new Section 104 in the Building Code in its place to read as follows:
General. The code official is hereby authorized and directed to enforce the provisions of the Construction Codes. The code official shall have the authority to render interpretations of the Construction Codes and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of the Construction Codes. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in the Construction Codes.
Administrative Bulletins. The code official shall have the authority to promulgate from time to time administrative bulletins that shall be effective upon publication in the D.C. Register. Administrative bulletins shall be titled, numbered, and dated. Administrative bulletins shall be publically available at the Department's permit center and shall be posted on the Department's website.
Applications and Permits. The code official shall receive applications, review submittal documents, and issue permits and certificates authorized by the Construction Codes, and shall enforce compliance with the provisions of the Construction Codes.
Notices and Orders. The code official shall have authority to issue all necessary notices or orders to ensure compliance with the Construction Codes, and shall have authority to institute administrative and legal actions to correct violations or infractions, including actions pursuant to An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, and for other purposes, approved April 14, 1906 (34 Stat. 114; D.C. Official Code §§ 42-3131.01et seq. (2012 Repl.)) (the "Nuisance Abatement Act"), and the Due Process Demolition Act of 2002, effective April 19, 2002 (D.C. Law 14-114; D.C. Official Code §§ 42-3171.01et seq. (2012 Repl.)).
Inspections. The code official is authorized:
Post Disaster Event Inspections. The code official is authorized to conduct inspections to determine emergency and disaster related damage to premises in the District of Columbia in accordance with the District of Columbia Damage Assessment Emergency Operations Plan (September 2015) and any subsequent amendments thereto.
Identification. The code official, and authorized representatives of the code official, shall carry proper credentials when inspecting premises in the performance of duties under the Construction Codes.
Right of Entry. Where it is necessary to make an inspection to enforce the provisions of the Construction Codes, the code official is authorized to enter the premises, or any part thereof, at reasonable times to inspect or to perform the duties imposed by the Construction Codes subject to applicable law. This authority includes, but is not limited to, situations where the code official has reasonable cause to believe that a condition exists in or upon a premises that is contrary to or in violation of the Construction Codes. Where attempting to gain entrance for inspection, the code official and authorized representatives thereof shall present official credentials.
Occupied residential premises. With respect to the inspection of an occupied residential portion of any premises under the exclusive control of a tenant, the code official shall not enter that portion of the premises without first having obtained permission from the tenant or other person of suitable age and discretion who resides there, unless the code official has:
Contractors and other persons with common authority over the premises. Where a residential tenant has given access or control to a contractor or other person to undertake work on the tenant's portion of the premises pursuant to a permit, the code official is authorized to obtain consent from the contractor or other person with common authority over the premises to enter the premises for the limited purpose of inspecting the work authorized by such permit.
Interference with Inspection. Any person who interferes with the code official in the performance of authorized duties, or prevents or refuses to allow the code official to enter a premises or any portion thereof for inspection in the performance of authorized duties, is in violation of the Construction Codes.
Refusal of Entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry, including, but not limited to, application to the Superior Court for an administrative search warrant pursuant to D.C. Official Code §§ 42-3131.02 and 42-3509.08 (2012 Repl.), and Sup. Ct. Civ. R. 204.
Retention of Public Records. The code official shall comply with the requirements of the District of Columbia Public Records Management Act of 1985, as amended, effective September 5, 1985 (D.C. Law 6-19; D.C. Official Code §§ 2-1701et seq. (2018 Repl.)) (the "Public Records Act"). Public records of the Department (as defined in D.C. Official Code § 2-1701(13) ) shall be maintained for the period of time required by law. Records of permit applications received, permits and certificates issued, fees collected, reports of inspections, a nd notices and orders issued, and approved submittal documents shall be maintained so long as the building or other structure to which they relate remains in existence, unless otherwise provided for by statute, rule or regulation.
Flood Hazard Areas. Retention of records for premises located in flood hazard areas shall comply with Appendix G.
Liability. The code official or Department employee charged with the enforcement of the Construction Codes, the Zoning Regulations or other pertinent laws or regulations, while acting for the District of Columbia in good faith and without malice in the discharge of the duties required by the Construction Codes, the Zoning Regulations or other pertinent laws or regulations, shall not thereby be civilly or criminally rendered liable personally and are hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.
Legal Defense. Any suit or criminal complaint instituted against an officer or employee of the Department because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of the Construction Codes, the Zoning Regulations or other pertinent laws or regulations shall be defended by legal representatives of the District of Columbia until the final termination of the proceedings. The code official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of the Construction Codes, the Zoning Regulations or other pertinent laws or regulations enforced by the Department.
Approved Materials, Equipment and Devices. All materials, equipment and devices approved for use by the code official shall be constructed and installed in accordance with such approval.
Used Materials, Equipment and Devices. The use of used materials which meet the requirements of the Construction Codes for new materials is permitted. Used equipment and devices shall not be reused unless approved by the code official.
Unlabeled Products. Where materials, assemblies or products are required by the Construction Codes to be labeled, those materials, assemblies or products which are not labeled, listed or classified by an approved testing agency and which are proposed to be installed in the District of Columbia, shall be tested and labeled by an approved testing laboratory or shall be approved in accordance with Sections 1701 and 1703 of the Building Code at the expense of the applicant, before a permit can be granted for this installation.
Assembled Components. Any mechanical or electrical appliance which is not labeled, listed or classified by an approved testing agency, which is an assembly of individually labeled or listed subassemblies or components and which is proposed to be installed in the District of Columbia, shall be tested and approved in accordance with Section 104.9.2 of the Building Code, before a permit can be granted for its installation.
Modular Structures. Before erecting or installing in the District of Columbia any factory assembled structure, manufactured at a remote site and transported in one or more sections, a complete set of drawings shall be submitted for review prior to the issuance of a building permit. These drawings shall include a certificate of approval by a factory inspection agency that has been approved by the code official. The drawings shall be submitted to the code official for plan review and permitting and shall include a set of the manufacturer's installation specifications and designate the applicable portions of construction that are required to have field inspection by the code official, including all utility connections, the marriage line connections and the foundation plate nailing patterns. These drawings shall be stamped by a structural engineer or architect licensed in the District of Columbia, and include the site constructed or assembled foundation system details and specifications. Separate permits issued by the Department for plumbing, mechanical, and electrical connections shall be required. Inspections of all work conducted on site shall be in accordance with Section 109. Prior to placement of the factory assembled structure on a footing and foundation, all required footing and foundation inspections shall require approval by the code official.
Modifications. Wherever there are practical difficulties involved in carrying out the provisions of the Construction Codes, the code official shall have the authority to grant modifications for individual cases upon application of the owner or owner's representative; provided, that the code official shall first find:
Procedure for Modifications. The application for modification shall be submitted on a form provided by the Department and sealed by the registered design professional if applicable. The final decision of the code official shall be in writing and shall be officially recorded with the application for permit in the permanent records of the Department.
Flood Hazard Areas. Modifications to any provision required in flood hazard areas are also subject to Section G105 of Appendix G.
Projections. Modifications to projection requirements set forth in Chapter 32 shall also comply with Section 3202.4.
Alternative Materials, Equipment, Methods of Construction and Design. The provisions of the Construction Codes are not intended to prevent the use of any material, equipment or method of construction not specifically prescribed by the Construction Codes, provided any such alternative has been approved by the Department. Alternative materials, equipment or methods of construction shall be approved when the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of the Construction Codes, and that the material, equipment or method offered is, for the purpose intended, at least the equivalent of that prescribed in the Construction Codes in quality, strength, effectiveness, fire-resistance, durability and safety. Approvals shall conform to Sections 1701 and 1703 of the Building Code. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons why the alternative was not approved.
Research Reports. Supporting data, where necessary to assist in the approval of materials, equipment or methods of construction not specifically provided for in the Construction Codes shall consist of valid research reports from sources approved by the code official.
Tests. Whenever there is insufficient evidence of compliance with the provisions of the Construction Codes, or evidence that a material, equipment or method of construction does not conform to the requirements of the Construction Codes, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests as evidence of compliance to be made at no expense to the government of the District of Columbia. Test methods shall be specified in the Construction Codes or by other recognized and accepted test standards in the industry. In the absence of recognized and accepted test methods, the code official is authorized to approve appropriate testing procedures. Tests shall be performed by an agency approved by the code official. Reports of such tests shall be retained by the code official for the period required for retention of public records.
Reasonable Accommodation Under the Fair Housing Act. Requests for reasonable accommodation under the Fair Housing Act, 42 USC § 3604(f)(3)(B), as amended, shall be made according to the procedures set forth in 14 DCMR § 111.
Required Procedure. Except where provisions of the Construction Codes are modified pursuant to Sections 104.10, 104.11 or 104.12, no deviation from the provisions of the Construction Codes is permissible. A verbal waiver or verbal grant of permission by the code official or any representative thereof shall not give authority to violate or cancel any provisions of the Construction Codes, and shall not be relied upon as a basis for deviation from the provisions of the Construction Codes.
D.C. Mun. Regs. r. 12-A104