D.C. Mun. Regs. r. 12-A105
Strike Section 105 of the International Building Code in its entirety and substitute new Section 105 in the Building Code in its place to read as follows:
Required Permits. Unless specifically exempted under Section 105.2, an owner or authorized agent who intends to undertake any of the activities se t forth in items 1 through 5 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. The code official is authorized to classify a permit application based on the applicant's stated scope of work. Permit classifications may include, but are not limited to, the following:
Compliance with Code. The permit shall be an authorization to proceed with the work for which the permit was issued during authorized construction hours 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 Section 104.10.
Authorized Hours for Work Pursuant to a Permit. Authorized hours 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 public holidays. No work conducted under a permit is authorized on Sundays or legal public holidays without an after-hours permit. Legal public holidays are defined in D.C. Official Code §§ 1-612.02(a) (2016 Repl. & 2019 Supp.).
Exceptions:
Work Outside of Authorized Hours. No person shall engage in any work pursuant to a permit outside of the authorized construction hours specified in Section 105.1.3 including noted exceptions, unless the permit holder has obtained an after- hours permit in compliance with Section 105.4.1.
Work Exempted from Permit. This Section 105.2 sets forth exemptions from permit requirements, subject to historic and 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 inviolation of the provisions of the Construction Codes or of any other laws, regulations or ordinances of the District of Columbia.
Building:
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 District of Columbia Public Services Commission or DC Water.
Except ion: For projects of public service agencies involving land-disturbing activities or major substantial improvement activities as defined in 21 DCMR Chapter 5, and for all work described in Sections 105.2.5 and 105.2.6, a public service agency shall be required to submit a permit application and, as applicable, thereafter obtain a permit for such project.
Permit Exemptions Subject to Public Space Requirements. 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 wholly or partially on public space, the applicant shall be responsible for obtaining all public space permit(s) that are required by DDOT.
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 subject only to historic preservation review pursuant to Section 105.1 shall be required for the following work described in Section 105.2 Building :
Permit Exemptions Not Applicable in 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 premises wholly or partially within a Flood Hazard Area, an application for a permit subject only to review by the Floodplain Administrator shall be required. The code official shall not issue a permit based on an application subject solely to review by the Floodplain Administrator under this section without the prior review and approval of the Floodplain Administrator regarding the disposition of the permit application by the code official.
Application for Permit. To obtain a permit, the applicant (as defined in Section 105.3.1) shall submit an application for a permit in the form prescribed and provided by the code official. Where a permit is required, it shall be obtained by the applicant prior to the commencement of corresponding work, except as provided in Section 105.4.6.
Authorized Applicant. Permit applications shall be submitted by the owner or lessee of the premises, or an authorized agent of either. (The persons referred to in 105.3.1 and 105.3.1.1 are referred to collectively as the "applicant").
Trade Permit Applicant. A trade permit application shall be submitted only by, or on behalf of, the D.C.-licensed master tradesperson who is to be responsible for supervising the work to be done under a trade permit when issued.
Change in Applicant. Where a change in the applicant is proposed or occurs during the pendency of an unexpired permit application, whether as the result of a transfer of the premises or other circumstances, the permit application shall be deemed abandoned pursuant to Section 105.10 unless:
The applicant of record notifies the code official of a change in applicant; and
If these actions are not completed by (a) the date that is 30 days after the date on which the change of applicant occurs, or (b) the date on which the permit application is approved, whichever is earlier, the permit application shall be deemed abandoned as of such date.
Exception: Trade permit applications are not transferable.
Form and Content of Application. Unless otherwise specified by the code official, the application shall:
All other fees shall be paid prior to issuance of the permit pursuant to Section 108.
Exception: Submittal documents are not required for permit applications proposing only a change of use or occupant load where no proposed alterations are to be made. If a code compliance issue needs to be addressed following inspection of the premises, submittal documents shall be submitted as directed by the code official.
Penalties for False Statements. False statements in an application shall constitute grounds for permit revocation pursuant to Section 111. Applicants are also subject to criminal penalties pursuant to 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 (2012 Repl. & 2019 Supp.)) for false statements.
Responsibility to Maintain Current Electronic Mail Address. While applications are pending for processing and after issuance of a permit, applicants and permit holders are required to inform the Department within five days of any changes to the electronic mailing addresses provided in the underlying permit application as specified in Section 105.3.2, Items 8 and 9. The Department will provide any required notices or orders to the electronic mail address submitted with the permit application as updated in compliance with this subsection.
Time Limitation of Application. An application for a permit for any proposed work shall be deemed to have been abandoned:
Extension of Application Time Limitation. The code official is authorized to grant a maximum of two extensions of time, not exceeding 180 days each, for agency consideration of a permit application, 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.
Additional Provisions Applicable to Certain Permits.
After-Hours Permit. No person shall engage in any work pursuant to a permit outside of the authorized construction hours specified in Section 105.1.2 including noted exceptions, unless the permit holder has obtained an after-hours permit pursuant to the procedures established by the code official. Any work authorized by an after- hours permit shall comply with noise regulations set forth in 20 DCMR and to the conditions set forth in Section 105.4.1.1.
After-Hours Permit Impacting Residential Premises. No permit application for after-hours work in or within 500 feet (152 400 mm) of a Residence District or a Special Purpose District, or within 500 feet (152 400 mm) of a premises with an R occupancy as defined in Chapter 3 of the Building Code, shall be approved by the code official without written comments or recommendations of:
Exceptions The code official is authorized to issue an after-hours permit without the ANC or ANC Commissioner comments or recommendations required by Section 105.4.1.1:
Annual Permit. In lieu of an individual permit for each alteration to an existing approved electrical, gas, mechanical or plumbing system, the code official is authorized, upon application therefor, 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.
Trade Permits. A trade permit is required for any work involving electrical, gasfitting, mechanical, plumbing, elevators and other conveying systems, and boilers, unless the work is exempted from permit requirements by Section 105.2. Trade permits shall be issued only where the following criteria are met:
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 premises where the building or other structure is located. The notice shall front on the street of address of the building or other structure, or as designated by the code official, so as to be readable from the public way. The raze permit shall not be issued by the code official until the applicant provides an affidavit to the Department affirming that the notice has been posted and maintained as required by this section for at least 30 days. This notification requirement shall not apply to any emergency raze ordered by the code official.
Other Requirements. Prior to issuing a raze permit, the code official is authorized to require the applicant to submit other clearances and/or information that the code official deems necessary, including, but not limited to, asbestos removal, utility disconnects, grading plans, and historic preservation.
Fee. The applicant for a raze permit shall pay a fee for the furnishing of the notice required under Section 105.1.3.4 in accordance with the applicable fee schedule published in the D.C. Register, as amended from time to time.
Fines. Violations of this section shall be deemed a Class 3 infraction pursuant to 16 DCMR § 3200.
Additional Notifications Required. Applicants for raze permits are also required to comply with Section 106.2.18 where the raze work involves any structural work within 3 feet of an adjoining lot line or excavation work more than 3 feet below existing grade.
Sign Permits. To the extent that the code official is designated as the permitting and enforcement official for signs, pursuant to the Sign Legislation (as defined in Section 202.2) a, the duties and powers of the code official shall be governed by:
Adoption of Superseding Sign Regulations. Applicability of Construction Codes to Signs. Signs shall be designed, constructed installed, displayed and maintained in accordance with the requirements of the Construction Codes including, but not limited to, Building Code Appendix N, which is hereby expressly adopted and incorporated by reference, and Chapters 7, 15, 16 and 26, except to the extent that such requirements are superseded by regulations adopted by the District of Columbia pursuant to the Sign Legislation.
Permits for 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.
Site Development Permits. The code official is authorized to issue a site development 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 site development permit by the code official does not constitute assurance that a permit for the entire building or structure will be granted. The holder of a site development permit proceeds with the construction at the holder's own risk and without assurance that a permit for the entire building or other structure will be granted.
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 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.
Plan Review by Third-Party Agency. An applicant shall have the option of using an approved third-party agency to perform a code compliance review of a project, at the applicant's expense, pursuant and subject to the provisions of: this Section 105.5.1; D.C. Official Code § 6-1405.02 (2018 Repl.)); and the Third-Party Program Procedure Manual.
Notification of Intent to Use Third-Party Agency for Plan Review. Where a permit applicant wants to use a third-party agency for plan review, the applicant shall notify the Department of its intent in accordance with the procedures set forth in the Third Party Program Procedure Manual.
Acceptance of Certification by Third-Party Agency. The code official is authorized to accept a certification, signed and sealed by the professional- in-charge of the approved third-party agency, in accordance with the procedures set forth in the Third Party Program Procedure Manual. The Department shall complete its review within 15 business days after the date of submission of a complete application package to the Department, including the required third-party certification. The code official's issuance of related permits will be subject to receipt of any required approvals from other reviewing agencies, and compliance with applicable adjoining premises notification requirements.
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 the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code §§ 8-103.01et seq. (2013 Repl. & 2019 Supp.)) as amended.
Flood Hazard Areas. A permit shall not be issued for work within the scope of Appendix G without review and receipt of comments and recommendations from the Floodplain Administrator concerning the code official's disposition of the application, as required therein.
Additional Grounds for Permit Denial. The code official is authorized to deny issuance of a permit to an applicant:
Code Official Authority. For purposes of Section 105.5.4 and 105.5.5, the code official is authorized to request additional information from an applicant to determine whether the applicant has filed under a new organizational form or name, in order to avoid either permit denial under the provisions of Section 105.5.4 or posting of fine amounts under Section 105.5.5.
Outstanding Fines for Illegal Construction. Where civil infraction citations for illegal construction under Section 113.1 have been issued to an applicant, 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 to the applicant. Upon adjudication of said civil infraction citations, any fines or penalties not assessed to the applicant will be refunded. The code official in his or her discretion may reduce the amount of the fines required to be posted.
Approval of Construction Documents. When the code official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Approved." Unless submitted electronically, one set of approved construction documents so reviewed by the code official shall be retained by the code official and the other sets shall be returned to the applicant.
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.
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 work for which the permit is issued. Public information deemed relevant by the code official for all permits issued by the Department shall be published on the Department's website.
On-Site Retention of Construction Documents. A legible, printed copy of approved construction documents for each permit, of a size sufficient to see all details, shall be kept on-site at all times until a certificate of occupancy for the premises subject to the permit is issued or until completion of the work and approval of the final inspection for the work performed at the premises under the permit if no certificate of occupancy or new certificate of occupancy is required.
Notification of Owners of Adjoining Premises in Certain Districts. Upon issuance of a permit authorizing work on a premises in a Residential, Special Purpose or Mixed Use District, and prior to commencing that work, the permit holder shall provide written notice on an approved form to each owner of a one-family or two- family dwelling on a lot adjoining the premises on which the work is authorized pursuant to the permit. Delivery of the notification required by this section will be satisfied by mailing the required form to the owner of record of the adjoining premises by first-class mail at the address listed in the Real Property Assessment Database maintained by the District of Columbia Office of Tax and Revenue.
Duties of Persons Performing Work Pursuant to a Permit. No person shall undertake work pursuant to a permit required by Section 105 without possessing a valid and appropriate business license, professional license and/or trade license in the District of Columbia, pursuant to D.C. Official Code §§ 47-2853.01et seq., and Titles 16 and 17 DCMR, as applicable.
General Contractors, Construction Managers and Home Improvement Contractors. General contractors, construction managers and home improvement contractors are responsible for hiring and/or subcontracting with persons who possess the appropriate license(s) to perform the work, and shall, at all times, be responsible for the proper supervision and inspection of the work and to perform the work in compliance with the Construction Codes and the approved construction documents. The general contractor, construction manager or home improvement contractor is responsible to employ or subcontract with at least one master or qualified individual of the appropriate category to perform the duties of a master or qualified individual for trade permits as specified in Section 105.8.2. Upon request by the code official, the general contractor, construction manager or home improvement contractor shall provide a written listing of persons holding qualifications specified in Sections 105.8.2.1 through 105.8.2.5, and other employees or subcontractors, with their respective D.C. license numbers, for each permit in effect.
Performance of Work Pursuant to Trade Permit. The person to whom a trade permit is issued shall be responsible for performing or supervising the work to be performed under such permit. Work in electrical systems, refrigeration or air conditioning systems, plumbing systems, fuel gas systems, and elevator and conveying systems that requires a permit shall be performed and supervised in accordance with Sections 105.8.2.1 through 105.8.2.5. Registration and licensure requirements of the applicable tradespersons shall be pursuant to D.C. Official Code §§ 47-2853.01et seq. (2015 Repl. & 2019 Supp.) and Titles 16 and 17 DCMR. The code official is authorized to request current proof of compliance with this section in the course of inspections of such work.
Electrical Trades. Electrical work requiring a permit shall be performed by a licensed master electrician, a licensed master electrician limited (low voltage), a licensed journeyman electrician, or a registered apprentice electrician under the supervision of a licensed master electrician. A licensed master electrician limited (low voltage) shall be authorized to supervise electrical work in low voltage systems. Licensure and registration requirements for these tradespersons shall be pursuant to D.C Official Code §§ 47-2853.91 through 47-2853.93 (2015 Repl. & 2019 Supp.) and Title 17 DCMR, Chapter 2.
Mechanical Trades. Refrigeration and air-conditioning work requiring a permit shall be performed by a licensed master mechanic, a licensed master mechanic limited, a licensed journeyman refrigeration and air-conditioning mechanic, or a registered apprentice refrigeration and air-conditioning mechanic under the supervision of a licensed master mechanic. A licensed master mechanic limited shall be authorized to supervise refrigeration and air-conditioning work in systems less than 25 compressor horsepower. Licensure and registration requirements for these tradespersons shall be pursuant to D.C Official Code §§ 47-2853.201 through 47-2853.203 (2015 Repl.) and Title 17 DCMR, Chapters 3 and 15.
Plumbing Trades. Plumbing work requiring a permit shall be performed by a licensed master plumber/gasfitter, a licensed master gasfitter, a licensed journeyman plumber, a licensed journeyman gasfitter, or a registered apprentice plumber under the supervision of a licensed master plumber/gasfitter. Licensure and registration requirements for these tradespersons shall be pursuant to D.C. Official Code §§ 47-2853.121 through 47-2853.123 (2015 Repl. & 2019 Supp.).
Gasfitting Trades. Gasfitting work requiring a permit shall be performed by a licensed master plumber/gasfitter, a licensed master gasfitter, a licensed journeyman plumber, a licensed journeyman gasfitter, a registered apprentice plumber, or a registered apprentice gasfitter under the supervision of a licensed master plumber/gasfitter or of a licensed master gasfitter.
Licensure and registration requirements for these tradespersons shall be pursuant to D.C Official Code §§ 47-2853.121 through 47-2853.123 (2015 Repl. & 2019 Supp.).
Elevator and Conveying Systems Trades. Work in elevators and conveying systems requiring a permit shall be performed by a licensed elevator contractor, an employee of a licensed elevator contractor, a licensed elevator mechanic, or a registered apprentice elevator mechanic under the supervision of a licensed elevator contractor or a licensed elevator mechanic. Licensure and registration requirements for these tradespersons shall be pursuant to D.C Official Code §§ 47-2853.95 through 47-2853.99 (2015 Repl. & 2019 Supp.).
Permit Revisions. The holder of a valid active 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, by submitting an application for permit revision, accompanied by a copy of the originally approved submittal documents and, unless submitted electronically, by two sets of the revised plans. If the code official approves a permit revision, and a 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 permit it amends. The extension provisions of Section 105.5.1 shall apply to the original permit and shall only affect the respective revision permits to the extent that the original permit is extended.
Code Official Authority. Nothing herein shall preclude the code official from requiring submission of a new permit application, in lieu of permit revisions.
Expiration of Permit. Any permit issued shall become null and void, upon occurrence of any one of the following circumstances, unless a permit extension has been obtained under Section 105.11:
Expiration of Permits for Unsafe, Abandoned or Deteriorated Premises.
Any permit issued for work on premises that have been deemed to be unsafe or unfit for human occupancy (in accordance with Sections 115 or 116 of the Building Code or Sections 108 or 109 of the Property Maintenance Code), or abandoned or deteriorated property (in accordance with D.C. Official Code §§ 42-3171.01et seq. (2012 Repl.)), shall become null and void if the authorized work is not begun within 30 days after the permit is issued and completed within six months after the date work is begun, unless the permit is extended in accordance with Section 105.11. If the work has not been completed within the 180 day period or any extension period granted by the code official, the Department is authorized to complete the work in accordance with D.C. Official Code §§ 42-3131.01et seq. (2012 Repl.) and to seek any other remedies or penalties authorized by law, including monetary fines, criminal prosecution, or court orders directing correction or abatement of the violation.
Suspended or Abandoned Work. In determining whether work has been suspended or abandoned under Section 105.10, the code official shall have the right to request documentation from the permit holder and to inspect the premises for which the permit has been granted.
Reinstatement of Expired Permit. The code official has the authority to reinstate, in writing, an expired permit upon a showing of applicable extenuating circumstances.
Extension of Permit. A permit may be extended upon written request, prior to expiration and upon a showing of good cause subject to the conditions set forth in this section. The code official is authorized to grant no more than four extensions of time, no t to exceed 180 days per extension. In no event shall the aggregate extensions of time exceed two years. The code official shall have the discretion to inspect the premises for which a permit extension has been requested prior to granting an extension.
Permits for Single-Family Dwellings. Notwithstanding the provisions of Sections 105.10 and 105.11, the code official is authorized to impose a three- year time limit to complete construction of new detached single- family dwellings, additions to detached single- family dwellings and new residential accessory structures. The time limit shall begin from the issuance date of the permit. The code official is authorized to grant extensions of time if the applicant can demonstrate substantive progress, characterized by approved inspections as specified in this code of at least one inspection within a period of six months or other evidence that would indicate substantial work has been performed.
Change in Permit Holder. Where a change in the permit holder of a valid, unexpired permit is proposed or occurs, whether as the result of a transfer of the premises or other circumstances, the permit shall be deemed null and void unless, within 30 days after the date on which the change of permit holder occurs:
Exceptions: Trade permits are not transferable.
Surrender and Cancellation of Permits. If a permit holder desires to terminate a valid permit, the permit holder shall surrender the permit to the Department with a notarized affidavit stating the permit holder's irrevocable renouncement of all rights under the permit. Upon receipt of the surrendered permit and affidavit terminating the permit holder's rights under the permit, the Department shall declare the surrendered permit invalid and cancel the permit. The code official is authorized to conduct an inspection of the premises under Section 104.4 in connection with the surrender or cancellation.
Revocation of Permits. Procedures for revocation of permits are set forth in Section 111. Appeals of permit revocations shall be governed by Section 112.
D.C. Mun. Regs. r. 12-A105