D.C. Mun. Regs. r. 12-A106

Current through Register Vol. 71, No. 23, June 7, 2024

Rule 12-A106 - SUBMITTAL DOCUMENTS

Strike Section 107 of the International Building Code in its entirety and substitute new Section 106 in the Building Code in its place to read as follows:

106.1

General. Submittal documents shall consist of construction documents (as specified in this Section 106 or as may be required by the code official), a statement of special inspections, reports, and other data. The construction documents shall be prepared by a registered design professional where required by the Construction Codes. Where special conditions exist, the code official is authorized to require additional construction documents, including those submittal documents to be prepared by a registered design professional.

Exceptions: Where the code official deems that the nature of the work applied for is such that review of submittal documents is not necessary to confirm compliance with the Construction Codes, the code official is authorized to accept and process a permit application without some or all of the otherwise required submittal documents, or to modify the form and content of any otherwise required submittal document, provided, that this exception does not apply where the Construction Codes require submittal documents to be prepared by a registered design professional.

106.1.1

Electronic Submission. Required submittal documents shall be submitted electronically with each permit application.

Exceptions: Applicants are authorized to submit four sets of construction documents and one set of all other submittal documents, in lieu of an electronic submission where specified by the code official.

Where submittal documents are not required to be submitted electronically, the code official is authorized to establish requirements, including but not limited to maximum overall size, for submittal documents acceptable for review.

106.1.2

Scale of Construction Documents. All construction documents shall be drawn to the scale of not less than 1/8 inch to the foot (10 mm/m).

Exceptions:

1. Site Plan; and

2. Building Plat.

106.2

Construction Documents.Construction documents shall be in accordance with Sections 106.2.1 through 106.2.20.

106.2.1

Architectural and Engineering Details. The code official shall require adequate details of architectural, structural, accessibility, fire protection, electrical, fuel gas, mechanical, plumbing, energy conservation, and green building provisions to be submitted, including computations, stress diagrams, sound transmission details and other technical data essential to assess compliance with the Construction Codes, as further specified in this Section 106. In addition, these construction documents shall include the following:

1. Concrete and masonry strengths, floor and wall design and reinforcement details.

2. Wood Framing design and details.

3. Footing, foundation wall design and details.

4. Roof framing design and details.

5. Interior supporting elements and details.

6. Pre-Manufactured systems referenced in Section 106.2.1.14.

7. Underpinning, sheeting and shoring and associated schedules.

8. Fire rated walls, floors, roofs and other assemblies with details of installation.

9. For exterior alteration of and/or addition to an existing structure, include photograph(s) that clearly depict the condition of the structure's front, rear, sides, roof, and adjoining roofs, as applicable, at the time the permit application is submitted.

106.2.2

Means of Egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress, including the path of the exit discharge to the public way, in compliance with the provisions of the Construction Codes. In occupancies other than Group R-2, R- 3 and I- 1 occupancies, the construction documents shall designate the number of occupants to be accommodated on every floor and in all rooms and occupiable spaces.

106.2.3

Exterior Envelope. The construction documents for all buildings shall describe the exterior wall envelope, roof envelope and building thermal envelope in sufficient detail to determine compliance with the Construction Codes. The construction documents shall provide details of the exterior wall and roof envelope as required, including materials, flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane, details around openings, fire-resistive construction and fire-resistive protection of wall openings, wall cavities and intersections with floor assemblies, as applicable.

106.2.3.1

Exterior opening near a lot line. Where exterior wall openings are provided in accordance with Section 705.8.7, the construction documents shall include separate drawings illustrating compliance with all criteria of Section 705.8.7 in its entirety. Drawings shall indicate distances to interior record lot lines, adjacent buildings, percentages of exterior openings, protection of openings, and vertical distances above adjacent buildings on the same or adjacent lots as needed to demonstrate compliance with Section 705.8.7.

106.2.4

Structural Documents. Before a permit is issued and before work can begin, structural documents shall be submitted in accordance with Section 1603 of the Building Code, showing the complete design, with sizes, sections, and relative locations of various structural members, floor elevations, column, or bearing wall centers, and beam or joint sizes and spacings. A geotechnical report shall be provided where required by Sections 1705.6 and 1803. The code official shall have the right to require that the structural computations for the structure be submitted for review.

106.2.5

Fire Protection Documents The applicant shall provide plans and schedules of sufficient detail showing the applicable features and characteristics of all fire protection systems components for any system required by the Construction Codes or otherwise proposed to be installed. The construction documents shall show the location and type of all fire alarm devices, fire alarm control equipment and panels, fire alarm primary and backup power sources. The construction documents shall include sufficient information and detail to adequately describe the elements of any smoke control systems including stair pressurization calculations, equipment location and engineering needs as required by the Construction Codes. The construction documents shall show the (a) standpipes and (b) automatic sprinkler system infrastructure including the location, size and type of risers, valves, flow and pressure sensors, Siamese connections, fire pump, jockey pump, pump controllers, pump test pipes and other appurtenances of the system, as applicable. The type of sprinkler system and areas and openings requiring special coverage shall be so noted on the construction documents. The construction documents shall show details of other fire suppression systems, including gaseous and kitchen hood systems. The construction documents shall show capacities and loads of the means of egress, maximum travel distances at every floor, remoteness between exits, fire resistance rating of structural members, floors and walls enclosing means of egress, rating of fire doors and fire dampers, fire stop penetration details at rated wall and floor assemblies, location and type of exit signs and emergency lighting. Construction documents for work in part of an existing building shall include a scoping document listing all floors of the building and the extent to which each floor is protected with an automatic fire suppression system.

106.2.6

Elevator and Other Conveying Systems Documents. The applicant shall provide plans and schedules of sufficient detail showing the applicable features and characteristics of all conveying systems components for any system required by the Construction Codes or otherwise proposed to be installed. The construction documents shall clearly show:

1. The location, overall dimensions and type of all vertical transportation systems;

2. The primary and secondary levels of elevator recall, the location and type of elevator lobby smoke detectors, other smoke detectors for elevator recall, as well as other fire alarm and fire suppression devices proposed to be installed in elevator machine rooms, elevator pits and top of elevator hoistways and shall include a sequence of elevator operation in emergency mode when such fire detection equipment is activated;

3. The primary and backup power sources for the elevator equipment;

4. Clearances at top and bottom of hoistway and at elevator equipment spaces, minimum interior dimensions of cabs, provisions for access to elevator pits, provisions for drainage of elevator pits, provisions for illumination and electric power in elevator machine rooms, elevator hoistways, elevator pits and elevator equipment spaces shall be shown on the construction documents, as applicable; and

5. The location of provisions for emergency disconnect of elevator power in elevator pits, elevator machine rooms and elevator equipment spaces, and shall show the location of sprinkler valves and sprinkler flow sensors for systems serving elevator machine rooms and hoistways, as required.

106.2.7

Electrical Documents. The applicant shall provide plans and schedules of sufficient detail and clarity showing the location and capacity of all lighting facilities, electrically operated equipment and electrical circuits required for all service equipment of the building or other structure. All electrically controlled devices, including signal, communicating and lighting systems and associated wiring, wherever required under the provisions of the Construction Codes, shall be shown on the electrical plans for the following purposes:

1. Control of emergency lighting systems in places of public assembly and education and, in accordance with Section 1008 of the Building Code, and life safety systems for hazardous uses in Sections 414 and 415 of the Building Code.

2. Stairway and exit illumination in accordance with Section 1205 and Section 1006 of the Building Code, "Exit" sign lighting circuits in accordance with Section 1011 of th e Building Code, and elevator car illumination in accordance with Chapter 30 of the Building Code.

3. Electrical equipment and control of heating, refrigerating and ventilating machinery and devices in accordance with the Mechanical Code.

4. Fire protective signaling systems, automatic fire detection systems, fire department communications and supervisory services in accordance with Sections 901.6 through 901.6.3 of the Building Code and Section 907 of the Building Code.

5. Wiring of signs in accordance with Section 3107, and telecommunication and broadcast towers in accordance with Section 3108 of the Building Code.

6. Power control electric operation and circuit wiring of elevators, escalators and other conveying systems in accordance with Chapter 30 of the Building Code.

7. Illumination of spaces intended for human occupancy in accordance with Section 1205 of the Building Code.

8. Backup emergency and standby power systems.

9. Lighting intensity levels along all required paths of egress.

10. All fire stop penetration details at rated wall and floor assemblies.

11. Fault current calculations.

12. Service Size and load calculations.

13. Riser diagram with details.

14.

Panel schedule with details and references.

106.2.7.1

Exemptions. Electrical plans shall not be required for the following:

1. Any work exempted from the building permit requirement in accordance with Section 105.2.

2. Repair or replacement in kind of electrical equipment.

3. Work involving only structures without equipment regulated by the Electrical Code, such as open sheds for storage purposes, detached private garages and other similar spaces not required by the Construction Codes to be provided with electric current.

4. Temporary sanitary installations required for construction operations.

106.2.8

Fuel Gas Documents. The applicant shall provide construction documents, engineering calculations, diagrams and other data, which shall be of sufficient clarity to indicate the location, nature and extent of the fuel gas work proposed and show in detail that the work conforms to the provisions of the Construction Codes. Construction documents shall indicate where penetrations will be made for installations and shall indicate fire stop penetration details at rated wall and floor assemblies. Plans must include a piping plan with gas riser diagram.

106.2.9

Mechanical Documents. The applicant shall provide diagrammatic mechanical equipment or system and mechanical plans, which shall show the location and arrangement of the mechanical equipment, fuel systems, ductwork and appurtenances, including safety and pressure-controlling devices. The plans shall show in sufficient detail the relevant features and clearances of the appliances and systems, including: fire stop penetration details at rated wall and floor assemblies, and size and type of apparatus; construction of flue, stack or chimney; stack connections; type of fuel; method of operation; and the method of compliance with all the applicable regulations for the class and type of equipment installed.

106.2.9.1

Exemptions. Mechanical plans shall not be required for the following:

1. Any work exempted from building permit requirement in accordance with Section 105.2.

2. Repair or replacement in kind of mechanical equipment.

3. Work involving only structures without equipment regulated by the Mechanical Code, such as open sheds for storage purposes, detached private garages and other similar spaces not required by the Construction Codes to be heated.

106.2.10

Plumbing Documents. The applicant shall provide plans of each floor and of a typical floor showing the complete plumbing system layout, all plumbing fixtures, total Drainage Fixture Unit (DFU) values, the water supply piping layout, together with building sections showing vertical and diagrammatic elevations of the soil, waste, vent and water supply lines with traps and valves, and the location and size of the public sewer or other disposal system. The plumbing plans shall show in sufficient detail: the layout and spacing of fixtures; the size, material and location of the building and storm sewers and drains; the soil, waste, vent and water supply piping; the method or equipment proposed to prevent cross-contamination and backflow; and fire-stop penetration details at rated wall and floor assemblies.

106.2.10.1

Public Sewer. Plans for new plumbing or alterations to existing plumbing systems shall be accompanied by a diagram showing the relative elevation of the lowest fixture and the top of the public sewer referred to in the established datum of DC Water. The plans shall show the size, number and location of all new sewer connections. When relevant to the scope of work, the permit applicant shall secure from DC Water the location and other necessary details regarding water and sewer mains to serve the premises to be permitted and shall submit this information with the permit application to the code official.

106.2.10.2

Public Water Main. Where the installation of a water distribution system or the replacement or alteration of an existing water supply system is contemplated, the plumbing plans shall show the location and size of all water lines and branches involved all fixtures or other devices to be supplied, and the minimum water pressure in the main in front of the building or other structure.

106.2.10.3

DC Water Certificate of Approval. A water and sewer Certificate of Approval, issued by DC Water, shall be provided with the plumbing plans for every project where DC Water is requested to furnish new water or sewer service connections.

106.2.10.4

Exemptions. Plumbing plans shall not be required for the following:

1. Any work exempted from building permit requirement in accordance with Section 105.2.

2. Repair or replacement in kind of plumbing fixtures.

3. Work involving only structures without plumbing fixtures, such as open sheds for storage purposes, detached private garages and temporary installations for exhibition purposes where not designed for sanitary use and not directly connected to a sewage system.

4. Temporary sanitary installations required for construction operations that are not designed to be directly connected to the public sewer system.

106.2.11

Energy Conservation Documents. The applicant shall provide plans and schedules of sufficient clarity to indicate the location, nature and extent of the work proposed and show in sufficient detail pertinent data and features of the building and the equipment and systems as herein governed, including, but not limited to:

1. Design criteria, exterior envelope component materials, insulation materials and their R-values;

2. Fenestration U-factors and SHGCs;

3. Area-weighted U- factor and SHGC calculations, and mechanical system design criteria;

4. Mechanical and service water heating systems and equipment types, sizes a nd efficiencies;

5. Economizer description, equipment and system controls;

6. Fan motor horsepower (hp) and controls;

7. Duct sealing, duct and pipe insulation and location;

8. Lighting fixture schedule with wattage and control narrative;

9. Air sealing details; and

10. Other pertinent data to indicate compliance with the requirements of the Energy Conservation Code and relevant laws, ordinances, rules and regulations, as determined by the code official.

106.2.12

Green Building Documents. The applicant shall provide plans and supporting documents in sufficient detail and clarity to show compliance with the relevant green building construction practices as required by the Green Construction Code or an alternative compliance path selected pursuant to Section 101.12, and with any green building submittal requirements specified by the code official as set forth in the Department's Administrative Bulletins.

106.2.13

Zoning Compliance Review Data. The applicant shall provide to the Zoning Division of the Department plans showing orientation of the lot as to North, drawn to a scale indicated numerically as well as depicted graphically, and including the following information:

1. The shape, dimensions and topography of the lot to be built upon, in sufficient detail to allow determination of heights above both the existing grade and the proposed finished grade of all proposed structures, so as to allow determination of compliance with pertinent height limitations of the Zoning Regulations.

2. The wid th of all public streets and public rights-of-way contiguous to the lot, with elevations at measuring points along them sufficient to determine compliance with the An Act to regulate the height of buildings in the District of Columbia, approved June 1, 1910 (36 Stat. 452; D.C. Official Code § 6-601.05 (2018 Repl.)) as amended.

3. The shape and location in plan of all existing and proposed structures, fully dimensioned and labeled, including orientation, elevation in relationship to existing and proposed grades, and distances to lot lines so as to define without ambiguity the dimensions and location of said structures.

4. Longitudinal elevations of all existing and proposed structures fully dimensioned and shown in relation to the entire lo t and the existing and proposed grades, so as to define without ambiguity the dimensions of said structures.

5. The parking and loading plans, with labels distinguishing existing facilities from proposed facilities, and the basis for computation of the facilities shown on those plans.

6. The location and elevation of any proposed retaining walls higher than 48 inches (1219 mm) above existing grade.

7. A Zoning Data Summary of the project including, as applicable to the particular requirements of the zone in which the premises that are subject to the permit application, at least the following data: lot width, area of the lot, percentage of lot occupancy, height of the structure and the location and elevation of the height measurement reference points, gross floor area for each floor level, area of basement, area of cellar, proposed Floor Area Ratio, areas dedicated to each use, width of any proposed side yard, rear yard or court, number of standard and compact parking spaces and dimensions of loading berths and delivery loading spaces.

8. Other information necessary to determine compliance with the Zoning Regulations.

106.2.14

Shop Drawings. Before construction or installation of the elements and systems listed below, the code official is authorized to require submission of shop drawings bearing the review stamp of the engineer of record, and bearing the seal and signature of the registered design professional who designed the system. Where the project is subject to the mandatory electronic submission requirements in Section 106.1, shop drawings shall be submitted electronically unless otherwise allowed by the code official. Where electronic submission is not required, four sets of shop drawings shall be submitted.

1. Structural steel and steel trusses, with connection details.

2. Open web steel joists.

3. Precast and prestressed concrete.

4. Post tensioning.

5. Space frames.

6. Strong backs.

7. Curtain wall.

8. Structural wood trusses, beams, girders, and posts with connection details

9. Concrete mixes.

10. Structural, electrical, and mechanical loads related to new construction installations of elevators, escalators and other conveying systems including, but not limited to, accessibility lifts.

11. Pre-engineered elements.

12. Suspended plaster ceiling systems.

13. Underpinning.

14. Sheeting and shoring.

15. Formwork.

16. Automatic fire suppression systems.

17. Fire alarm systems.

18. Smoke control systems.

19. Commercial kitchen hood suppression systems.

20. Flammable and combustible liquid storage tanks.

21. All installations, modernizations or alterations of elevators and conveying systems.

Exception for Items 16, 17, and 19: The code official is authorized to accept the following shop drawings without the seal and signature of the registered design professional who designed the system:

1. Where the automatic fire suppression systems shop drawing bears the stamp and signature of a National Institute for Certification in Engineering Technology (NICET) Level III Technician certified in Automatic Sprinkler System Layout or Special Hazards Suppression Systems.

2. Where the fire alarm shop drawing bears the stamp and signature of a NICET Level III Technician certified in Fire Alarm Systems.

106.2.15

Official Building Plat. The applicant shall provide an official building plat of a lot that is the subject of an application, issued by the D.C. Office of the Surveyor, in duplicate or by electronic submission, as part of applications for permit involving any of the following:

1. Erection of a new building or other structure.

2. Addition to an existing building.

3. Permanent construction higher than 48 inches (1219 mm) above grade, outside the footprint of existing buildings.

4. Construction or alteration of projections into public space.

5. Erection of retaining walls higher than 48 inches (1219 mm).

6. Establishment of new parking spaces or loading berth(s) external to a building or other structure, regardless of the amount of work involved.

106.2.15.1

Plat Information. The applicant shall show upon the building plat, completely dimensioned and drawn in ink to the same scale as the plat, the following:

1. The outline of all buildings, additions, or other structures existing and to be constructed, with existing structures labeled and clearly distinguished from those to be constructed;

2. The number, size, shape and location of all open parking spaces, open loading berths, and approaches to all parking and loading facilities, as applicable, external to a building or other structure, as well as all approaches to all parking and loading facilities existing and to be installed on the lot, whether within or exterior to any building or other structure, with existing parking and loading facilities labeled and clearly distinguished from those proposed to be added;

3. The grade in elevation datum on the edges of the lot and any change in grade over 5 feet (1524 mm') within the lot, or a statement by the owner or agent that no change in grade over 5 feet (1524 mm') occurs on the lot;

4. Any proposed pervious surface to be used to satisfy zoning requirements; and

5. Other information deemed necessary by the Zoning Administrator to determine compliance with the Zoning Regulations. If necessary due to the complexity of the proposed work, the Zoning Administrator is authorized to require the submission of two plats, one depicting existing conditions, including structures and topography, and the other depicting proposed conditions, including structures and topography.

106.2.15.2

Certification of Plat. The accuracy of the representation of the location of the structures on the plat shall be self-certified by the owner or authorized agent for the owner of the lot of record or parcel of land, who shall sign a certificate in a form prescribed by the code official, printed on the building plat.

106.2.16

Site Plan. The applicant shall provide a site plan, which shall not substitute for the official building plat required by Section 106.2.15, whenever the application for permit involves any of the following:

1. Erection of a new building or other structure.

2. Addition to an existing building.

3. Permanent construction outside the footprint of existing buildings.

4. Construction or alteration of projections into public space.

5. Erection of retaining walls.

6. A major substantial improvement activity (as defined by 21 DCMR Chapter 5) or a land-disturbing activity regulated by 21 DCMR Chapter 5.

7.Demolition or razing of existing structures or buildings.

8. Installation or replacement of underground utility service connections.

9. Installation or replacement of site drainage systems.

10. Alteration to the path of the exit discharge to the public way.

11. Construction in whole or in part on a development site in whole or in part within a Flood Hazard Area as established in 20 DCMR, Chapter 31.

106.2.16.1

Site Plan Information. The applicant shall show upon the site plan, completely dimensioned and drawn to a scale indicated numerically and graphically, the following:

1. The site.

2. Its orientation to North.

3. The location and dimensions of all existing structures on the site, labeled if it is to be demolished or to be retained.

4. The location and dimensions of all new construction on the site.

5. The distances from lot lines.

6. The established street grades.

7. The existing and proposed finished grades, including any change over five (5) feet across the lot.

8. Any features required to comply with 21 DCMR Chapter 5.

9. Location of the path of the exit discharge to the public way.

10. Location of utility service lines and connections thereto (with dimensions and all appurtenant features of such connections).

11. Where a development site is wholly or partially within a flood hazard area, then the flood hazard area(s) floodways and identification of design flood elevations, as applicable, shall be provided in compliance with Appendix G.

106.2.17

Flood Hazard Areas - Additional Submission Requirements. For development in a development site that is within the scope of Appendix G, the applicant shall provide the additional information and data required by Appendix G as part of the permit application.

106.2.18

Protection of Adjoining Premises-Additional Submission Requirements.

106.2.18.1

Underpinning. Where underpinning is chosen to provide the protection or support of adjoining premises, the applicant shall provide such information as the code official deems necessary to determine the applicant's compliance with the applicable provisions of the Construction Codes.

106.2.18.2

Excavations. Where an application for permit proposes excavation work, the code official is authorized to require the applicant to submit additional data the code official deems necessary to determine the appropriateness of the proposed structural measures to protect the integrity of the soil and structures located on the adjoining premises.

106.2.18.3

Notification of Owners of Adjoining Premises. Notification of owners of adjoining premises (and owners of adjacent premises for snow drift loads) shall be provided by the applicant pursuant to the procedures set forth in Section 106.2.18.3.1, where the proposed work involves all or any of the following:

1. Where excavation requiring a permit will occur on the construction site.

Exceptions: Where the code official determines that the excavation work will not have any adverse impact on structural or lateral support of the adjoining premises.

2. Where there is a need to install permanent or temporary structural support for an adjoining premises or portion thereof, including but not limited to underpinning, as a result of the proposed work.

3. Where the proposed work will alter imposed loads on a party wall or any load-bearing member of an adjoining premises.

4. Where access to an adjoining premises is required to install protective measures or undertake other work required by Section 3307.

5. Where the proposed work will render or potentially render adjoining or adjacent premises non-compliant with the Chimney Provisions (as defined in Section 3307.1.1) or with the snow load requirements in Section 1603.1.3 or Section R301.2.3 of the Residential Code as applicable.

Exceptions: Notification is not required for applications submitted pursuant to Section 3307.1.4, by the owner of an adjoining or adjacent premises that has assumed responsibility for any required protective work.

For purposes of this section, a "party wall" shall be defined as "a wall that straddles, or is in close proximity to, a lot line, and which is used for structural support by two or more adjoining buildings or structures."

106.2.18.3.1

Evidence of Notification. As required by this section, and prior to permit issuance, the applicant shall provide evidence of notification, consisting of:

(1) evidence of the posting required by Section 106.2.18.3.1.1;

(2) evidence of the delivery of written notice required by Section 106.2.18.3.1.2; and

(3) the affidavit of maintenance required by Section 106.2.18.3.1.3. No permit application within the scope of Section 106.2.18.3 will be granted without the specified evidence of notification, except as provided in Section 106.2.18.3.1.3.

106.2.18.3.1.1

Required Posting. A notice of the filing of a permit application within the scope of Section 106.2.18.3 shall be posted by the applicant on the premises upon which the permit application seeks authorization to perform the work, and shall comply with the following conditions:

1. The notice shall be posted for a continuous period of at least 30 days, including the 30-day period immediately prior to issuance of the permit.

2. The notice shall be given on a form approved by the code official and shall be legible from the public way that provides the main entrance to the premises, as determined by the code official .

3. The applicant shall maintain the notice by checking it at least once per week and reposting when necessary.

4. The applicant shall submit to the code official a photograph of the sign after posting, as viewed by the public, and identify the exact location and date of posting the sign. The associated permit(s) shall not be issued without this photographic evidence.

106.2.18.3.1.2

Required Written Notice. Prior to submission of a permit application within the scope of Section 106.2.18.3, the applicant shall provide written notice in an approved form to the owner or owners of the adjoining premises in accordance with one of the methods below:

1. By USPS registered or certified mail to the address of the owner as maintained in the Real Property Tax Database maintained by the Office of Tax and Revenue of the Office of the Chief Financial Officer; or

2. By proper use of an approved private delivery service (such as Federal Express, UPS, or DHL) to the address of the owner as maintained in the Real Property Tax Database maintained by the Office of Tax and Revenue of the Office of the Chief Financial Officer.

106.2.18.3.1.2.1

Evidence of Delivery of Written Notice. Acceptable evidence of delivery of written notice shall consist of:

(1) proof of proper use of registered or certified mail (registered or certified mail sender's receipt); or

(2) proof of proper use of an approved private delivery service.

106.2.18.3.1.3

Affidavit of Maintenance. Prior to permit issuance, the applicant shall submit a notarized affidavit attesting that the posting required by Section 106.2.18.3.1.1 was continuously maintained for the requisite 30-day period of time.

106.2.18.3.1.4

Substantial Compliance with Notification Requirements. The code official is authorized to grant a permit application, that is otherwise complete, where the code official determines, based on a written request submitted to the code official by the applicant, the applicant has substantially complied with the provisions of Section 106.2.18.3.1. The determination by the code official of substantial compliance is not subject to reconsideration or appeal under Section 112 absent compelling evidence submitted by the owner of the adjoining or adjacent premises that such owner was directly and adversely affected by a lack of notice.

106.2.18.4

Access to Adjoining Premises. Where an application proposes work that will or potentially require Protective Work (as defined in Section 3307) on an adjoining or adjacent premises, and such Protective Work will require access to the adjoining or adjacent premises by the applicant, a permit shall not be issued until the applicant submits one of the following:

1. A written agreement in an approved form signed by the applicant and the owner of the adjoining or adjacent premises that grants access to the applicant to undertake the Protective Work;

2. A written agreement signed by the applicant and the owner of the adjoining or adjacent premises that denies access to the applicant and which acknowledges the obligation of the owner of the adjoining or adjacent premises to be responsible for the Protective Work on such owner's premises;

3. A court order granting the applicant access to the adjoining or adjacent premises to perform the Protective Work; or

4. A revised work plan that eliminates the need for access to the adjoining or adjacent premises.

Exception: A limited or temporary right of access to the adjoining premises is expressly granted in Sections 3307.2.2 or 3307.4.1 for the specific Protective Work required.

106.2.19

Covenants and Agreements. Where a covenant or agreement is required by the Construction Codes or drafted in connection therewith (a "Required Covenant"), a copy of the Required Covenant, certified by the Recorder of Deeds as having been recorded in the Land Records, shall be submitted by the owner or authorized agent to the code official as and when required by Section 120. The Required Covenant shall comply with D.C. Official Code § 6-1405.01(b) (2018 Repl.) and with the provisions of Section 120 as applicable.

106.2.19.1

Other Agency Covenants. Where an agency other than the Department requires a covenant or agreement relating to proposed construction, including, but not limited to, the covenants specified in Section 120.4 the applicant shall comply with such other agency's requirements.

106.2.20

Construction Noise - Additional Submission Requirements. No permit for construction, demolition or raze shall be issued until the permit applicant has provided as part of the permit application written acknowledgement that the noise emanating from the planned activity will comply with the limitations established by the noise regulations set forth in Title 20 DCMR.

106.3

Statement of Special Inspections. A statement of special inspections shall accompany each application where special inspections and tests are required by Sections 109.3.13 and 1705. Submission of a statement of special inspections complying with Section 1704.3 shall be a condition for permit issuance as specified in Section 1704.2.3.

106.4

Registered Design Professional. The design of work for new construction, repair, expansion, addition or alteration projects submitted for permit shall comply with Sections 106.4.1 through 106.4.6 as applicable.

106.4.1

Architectural Services. Where the project involves the practice of architecture, as defined by D.C Official Code § 47-2853.61 (2015 Repl. & 2019 Supp.), the corresponding permit documents shall be prepared by an architect licensed to practice architecture in the District of Columbia. All plans, computations, and specifications required to be submitted in connection with a permit application for such architectural work shall be prepared by or under the direct supervision of an architect with a valid and unexpired District of Columbia architecture license and shall bear the architect's signature and seal in accordance with the laws of the District of Columbia.

106.4.2

Engineering Services. Where the project involves the practice of engineering, as defined by D.C Official Code § 47-2853.131 (2015 Repl. & 2019 Supp.), the corresponding permit documents shall be prepared by a professional engineer licensed to practice engineering in the District of Columbia. All plans, computations, and specifications required to be submitted in connection with a permit application for such engineering work shall be prepared by or under the direct supervision of a professional engineer with a valid and unexpired District of Columbia engineer license and shall bear the engineer's signature and seal in accordance with the laws of the District of Columbia.

Exceptions: An architect licensed in the District of Columbia is authorized to perform engineering work that is incidental to the practice of architecture, as permitted by D.C Official Code § 47-2853.61 (2015 Repl. & 2019 Supp.).

106.4.3

Interior Design Services. Plans for non-structural alterations a nd repairs of a building, including the layout of interior spaces, which do not adversely affect any structural member, any part of the structure having a required fire resistance rating, or the public safety, health or welfare, and which do not involve the practice of architecture and engineering as defined by D.C Official Code §§ 47-2853.61 and 47-2853.131 (2015 Repl. & 2019 Supp), shall be deemed to comply with this section when such plans are prepared, signed and sealed by an interior designer licensed and registered in the District of Columbia in accordance with D.C Official Code § 47-2853.101 (2015 Repl. & 2019 Supp.).

106.4.4

Exemptions. The professional services of a licensed architect, professional engineer or interior designer are not required for the following:

1. Work done under any of the exemptions from registration provided for in the laws of the District of Columbia governing the licensure of architects, professional engineers and interior designers.

2. Nonstructural alteration of any building of R- 3 occupancies or of any building under the jurisdiction of the Residential Code.

3. Preparation of drawings or details for cabinetry, architectural millwork, furniture, or similar interior furnishings, for any work to provide for their installation or for any work exempt from permit by Section 105.2.

4. Drawings or details for the installation of water and sewer building connections to a single- family residential structure prepared by a master plumber licensed pursuant to D.C Official Code §§ 47-2853.121et seq. (2015 Repl. & 2019 Supp.).

106.4.5

Registered Design Professional in Responsible Charge. The code official is authorized to require the owner to engage and designate on the permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. Where a registered design professional in responsible charge is required, the code official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility wit h the design of t he building.

106.4.6

Attestations Required.

106.4.6.1

Registered Design Professional. The signature and seal of the registered design professional, where required by and in accordance with Section 106.4, shall serve as attestation of t he following:

1. For architects: "I am responsible for determining that the architectural designs included in this application are in compliance with all relevant laws and regulations of the District of Columbia. I have personally prepared, or directly supervised the preparation of, the architectural designs included in this application."

2. For engineers: "I am responsible for determining that the engineering designs included in this application are in compliance with all relevant laws and regulations of the District of Columbia. I have personally prepared, or directly supervised the preparation of, the engineering designs included in this application."

106.4.6.2

Registered Design Professional in Responsible Charge. Where the code official determines that a registered design professional in responsible charge is required for any project, an attestation sealed and signed by the registered design professional in responsible charge engaged by the owner shall be submitted prior to the issuance of any and all certificate(s) of occupancy for the project. The attestation shall identify the registered design professional in charge by name and registration number, shall identify the project or portion thereof being attested to, and shall state, to the code official's satisfaction, that t he project or portion thereof has been completed in a manner that is substantially compatible with the design of the building that was the basis of the corresponding permit. Furthermore, the attestation shall state that changes from such permit documents, including but not limited to submittal documents prepared by others during the course of construction, and phased and deferred submittal items, have been reviewed and coordinated by the attesting registered design professional in responsible charge.

106.5

Examination of Documents. The code official shall examine or cause to be examined the submittal documents accompanying permit applications, pursuant to Section 105.3.

106.5.1

Review by Other Agencies. Permit applicants shall be responsible for obtaining any required approvals from other reviewing agencies and entities, including, but not limited to, the Historic Preservation Office, the Historic Preservation Review Board, the District Department of Energy & Environment, the Public Space Committee, the District Department of Transportation, the Commission on Fine Arts, the Chinatown Steering Committee, and DC Water. If deficiencies in the plans or other supporting documents are discovered during reviews by other agencies, the other reviewing agencies shall respond according to the procedures set forth in its rules and/or procedures. Any restrictions or conditions imposed by other reviewing agencies may be annotated on the plans and shall be incorporated into and deemed a condition of the permit.

106.6

Conformance to Approved Construction Documents. All work shall conform to the approved construction documents and any approved amendments to them. Any changes made during construction that are not in compliance with the approved construction documents shall be submitted to the Department for approval as an application for permit revision in accordance with Sections 105.9 and 105.9.1.

D.C. Mun. Regs. r. 12-A106

Final Rulemaking published at 67 DCR 5679 (5/29/2020); amended by Final Rulemaking published at 68 DCR 7439 (7/30/2021)