D.C. Mun. Regs. r. 12-A110

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

Rule 12-A110 - LETTERS OF CORE AND SHELL COMPLETION AND CERTIFICATES AUTHORIZING OCCUPANCY AND USE OF PREMISES

Strike Section 111 of the International Building Code in its entirety and insert new Section 110 in the Building Code in its place to read as follows:

110.1

General. Section 110 provides procedures and requirements for the following:

1. Letters of Core and Shell Completion;

2. Certificates of Occupancy;

3. Single-Family Certificates of Completion;

4. Conditional Certificates of Occupancy; and

5. Temporary Certificates of Occupancy. For purposes of Section 110, the term "Certificate" shall collectively refer to all of the certificates identified in items 2 through 5 above.

110.2

Letter of Core and Shell Completion. The code official is authorized to issue a Letter of Core and She ll Completion in accordance with the provisions of Section 110.2 for construction, whether involving newly constructed or existing buildings, where the code official determines that the building's core and shell are substantially complete in accordance with the Construction Codes. The issuance of a Letter of Core and Shell Completion under this section shall not authorize or be deemed to authorize the use or occupancy of any portion of a premises or portion thereof for which a Certificate is required. The core and shell shall include any elements, systems and components that the code official shall designate.

110.2.1

Applications for a Letter of Core and Shell Completion. All applications for a Letter of Core and Shell Completion shall be filed with the Department on the prescribed forms provided by the code official, shall be accompanied by the prescribed filing fee paid at the time of the application, and shall include the following:

1. A list of permit numbers for all valid, associated permit(s) that authorized the construction for which the Letter of Core and Shell Completion is sought;

2. Where the premises is located wholly or partially within a flood hazard area, the as-built elevation certificate or flood-proofing certificate required by Appendix G as applicable; and

3. Other information as the code official shall require.

110.2.2

Additional Requirements for Action on Applications for Letters of Core and Shell Completion. Prior to issuance of a Letter of Core and Shell Completion, the code official shall conduct inspections pursuant to Section 109.3.8 to confirm compliance with the applicable Construction Codes, and shall obtain review and approval by the Floodplain Administrator if the premises are located wholly or partially within a flood hazard area.

110.2.3

Issuance of Letter of Core and Shell Completion. The code official shall review applications for Letters of Core and Shell Completion which are complete, and shall approve such applications and issue a Letter of Core and Shell Completion upon a finding that the application satisfies the requirements of Sections 110.2, 110.2.1 and 110.2.2., and other applicable provisions of the Construction Codes. The Letter of Core and Shell Completion issued by the Department shall contain the following information:

1. The address of the premises, along with the lot and square number;

2. The name and address of the owner;

3. A description of the premises or portion of the premises for which the Letter of Core and Shell Completion is issued;

4. The permit number(s) associated with the Letter of Core and Shell Completion (if applicable);

5. The type of construction as defined in Chapter 6 of the Building Code;

6. The edition of the Construction Codes under which the permit(s) were issued;

7. List of all building elements, systems and components encompassed by the Letter of Core and Shell Completion and any special stipulations and conditions;

8. The name of the code official; and

9. The date of issuance.

110.3

Required Certificates Authorizing Use and Occupancy of a Premises or Portion Thereof. Until a Certificate authorizing the use and occupancy of the premises or portion thereof in accordance with Sections 110.3 and 113.4 has been issued by the code official, no person shall use or occupy any premises or any portion thereof for any purpose, and no change in the existing use, occupancy classification, occupancy load, tenant floor layout or ownership of a premises or portion thereof shall be made for any purpose. The issuance of a Certificate shall not be construed as an approval of a violation of the provisions of the applicable Construction Codes or Zoning Regulations or of the provisions of other laws or regulations of the District.

Exceptions:

1. One-family dwellings (including congregate living facilities with six or fewer residents) in existence on the effective date of the Construction Codes.

2. Repairs or alterations (Level 1 or Level 2) to one-family dwellings (including congregate living facilities with six or fewer residents).

3. Transfer of ownership of a one- family dwelling (including congregate living facilities with six or fewer residents) in itself does not require a new certificate.

110.4

Code Official Authority to Issue Certificates. The code official is authorized to issue the following Certificates authorizing use and occupancy of a premises, or portion thereof, in accordance with the requirements of Sections 110.4 through 110.6:

1. Certificate of Occupancy.

2. Single-Family Certificate of Completion.

3. Conditional Certificate of Occupancy.

4. Temporary Certificate of Occupancy.

110.4.1

Certificate of Occupancy. The code official is authorized to issue a Certificate of Occupancy where the code official determines that:

1. Work pursuant to a permit has been completed;

2. A satisfactory final inspection has been approved in accordance with Section 109.3.1.11;

3. The construction conforms substantially to the permit including approved construction documents and to the provisions of the Construction Codes, the Zoning Regulations and other applicable laws and regulations; and

4. The owner has complied with the requirements of Section 110.5.

110.4.2

Single-Family Certificate of Completion. Where the code official determines that the conditions of Section 110.4.1 are satisfied, the code official has authority to issue a Single-Family Certificate of Completion in the following circumstances:

1. One-family dwellings (including congregate living facilities with six or fewer residents) constructed after the effective date of the Construction Codes.

2. Additions or Level 3 alterations to existing one-family dwellings (including congregate living facilities with six or fewer residents) completed after the effective date of the Construction Codes.

110.4.3

Conditional Certificate of Occupancy. The code official is authorized to issue a Conditional Certificate of Occupancy to authorize the conditional use and conditional occupancy of a premises, or a portion thereof, for which construction has begun but not been completed pursuant to a valid permit where all of the following conditions are met:

1. The code official has determined that the portion of the premises for which the Conditional Certificate of Occupancy is requested may be safely occupied notwithstanding that the work authorized by the permit has not been completed. A building will not be deemed safe for occupancy unless, at a minimum, the following are in place for the areas being occupied: adequate light, ventilation and sanitation; means of egress, fire protection systems, primary structural frame and secondary members.

2. A valid Letter of Core and Shell Completion has been issued for the entire building or structure in which the premises or portion thereof for which the Conditional Certificate of Occupancy is requested is located unless the code official makes a determination in writing that a Letter of Core and Shell Completion is not required.

3. The proposed occupancy (both as to initial occupancy and subsequent identical occupancies thereafter) complies with all use and occupancy requirements of Chapters 3 and 4 of the Building Code and the applicable Zoning Regulations.

4. The owner has complied with the requirements of Section 110.5.

The issuance of a Conditional Certificate of Occupancy under this Section shall only authorize the use or occupancy of the part of the premises specified therein, and shall not authorize or be deemed to authorize the use or occupancy of any other part of the premises. A substantial separation will be established and maintained between the area occupied and the areas remaining under construction to prevent noise, pollutants and other unsafe conditions from adversely affecting occupied areas.

110.4.3.1

Authority to Impose Conditions. The code official is authorized to impose conditions on the Conditional Certificate of Occupancy as the code official deems necessary to protect the public health, safety, and welfare, including, but not limited to, an expiration date for the Conditional Certificate of Occupancy and a requirement that a single Certificate of Occupancy be obtained for the entire building or structure upon completion of all phases of the work permitted.

110.4.3.2

Expiration of Conditional Certificate of Occupancy. A Conditional Certificate of Occupancy shall become null and void upon the expiration date specified in the Conditional Certificate of Occupancy without any additional notice or order required by the code official. The code official is authorized to identify expired certificates in the Department's database, or to take any other actions necessary to administer this provision.

110.4.4

Temporary Certificate of Occupancy. The code official is authorized to issue a Temporary Certificate of Occupancy, subject to the requirements of Section 110.5, in either of the following circumstances:

1. To authorize the temporary use and temporary occupancy of a temporary structure, tent or membrane structure for which a permit has been issued pursuant to Sections 107.1 and 3103 and/or Sections 3103 and 3104 of the Fire Code for a defined period of time not to exceed six months.

Exceptions: The code official has authority to issue a Temporary Certificate of Occupancy for up to 12 months for temporary use and temporary occupancy of a permitted temporary structure, tent or membrane structure, where the use and occupancy occurs intermittently, and for no more than two days per week, and no permanent structure is built.

2. To authorize the temporary use (including a temporary change of use) and temporary occupancy of (a) an existing building or existing structure, or portion thereof, or (b) a lot (but not any temporary structures, tents or membrane structures located thereon) for a defined period of time not to exceed 12 months, where the code official determines that the premises, or designated part thereof, is safe to us e and occupy.

The issuance of a Temporary Certificate of Occupancy under this Section shall only authorize the use or occupancy of the part of the premises specified therein, and shall not authorize or be deemed to authorize the use or occupancy of any other part of the premises.

110.4.4.1

Authority to Impose Conditions. The code official is authorized to impose conditions on the Temporary Certificate of Occupancy as the code official deems necessary to protect the public health, safety, and welfare.

110.4.4.2

Expiration of Temporary Certificate of Occupancy. The code official shall specify the expiration date for the Temporary Certificate of Occupancy in the Certificate issued under this Section. A Temporary Certificate of Occupancy shall become null and void upon the expiration date specified in the Temporary Certificate of Occupancy without any additional notice or order required by the code official. The code official is authorized to identify expired certificates in the Department's database, or to take any other actions necessary to administer this provision.

110.5

Application for and Processing of Certificates. All applications for a Certificate authorizing the use and occupancy of a premises or a portion thereof shall be filed with the Department on the prescribed forms provided by the code official, shall be accompanied by the prescribed filing fee paid at the time of the application, and shall include the following:

1. A list of permit number(s) for the valid, associated permit(s) that authorized the construction of the premises or portion thereof for which the Certificate is sought unless the code official determines that an associated permit is not required;

2. A copy of the final inspection approval per Section 109.3.8, unless the code official determines that no inspection is required pursuant to Section 110.5.1;

3. For premises located in a PDR zone, the "Standards of External Effects" application required by Section U-805 of the Zoning Regulations;

4. If an application pertains to a structure or use authorized by an order of the Zoning Commission or Board of Zoning Adjustment and the permission granted in that order was made subject to conditions, a copy of the Order and a statement demonstrating compliance with the Order, including all conditions that were to be satisfied prior to the issuance of a Certificate;

5. Where the premises is located wholly or partially within a flood hazard area, the required elevation certificate or flood-proofing certificate as applicable with evidence of review and approval of such certificate by the Floodplain Administrator; and

6. Any other information required by the code official.

110.5.1

Inspections. Following the filing of an application for a Certificate, and as required by the code official, inspections shall be conducted pursuant to Section 109.3.14 to confirm compliance with the applicable Construction Codes and the Zoning Regulations.

Exceptions:

1. Application for issuance of a new Certificate for a premises or portion thereof due to a change in ownership or change in tenancy, where the premises or portion thereof has an existing valid Certificate, the code official is authorized to issue a new Certificate without an inspection. The code official is authorized to conduct inspections to confirm that no other changes have been made from the prior Certificate.

2. Application for issuance of a new Certificate for a premises or portion thereof that have an existing valid Certificate from which the only change proposed is a change in use, the code official is authorized to issue a Certificate without requiring an inspection upon a determination by the code official that the change of use or occupant load is not accompanied by any physical changes to the premises or portion thereof for which the Certificate is requested. The code official is authorized to conduct inspections to confirm that no other changes have been made from the prior Certificate.

3. Application for issuance of a new Certificate for a premises or portion thereof that have an existing valid Certificate from which the only change proposed is a change in occupant load, the code official is authorized to issue a Certificate without requiring an inspection upon a determination by the code official that the change in occupant load does not require changes to means of egress, plumbing or ventilation requirements. The code official is authorized to conduct inspections to confirm that no other changes have been made from the prior Certificate.

4. Changes in occupancy classification as defined in Chapter 3 require a separate permit, and approved inspections must be completed prior to issuance of a Certificate for the new occupancy classification.

110.5.2

Zoning Review and Approval. Prior to issuance of a Certificate, the code official shall obtain review and approval by the Zoning Administrator to confirm that the proposed use of the premises, including accessory uses, complies with the Zoning Regulations.

Exceptions: Approval of the Zoning Administrator shall not be required for a Certificate for any use for which the Zoning Regulations do not require a Certificate of Occupancy.

110.5.3

Special Restrictions for Projects Subject to Green Building Act and Green Construction Code Alternate Compliance Paths.

110.5.3.1

Projects Subject to the Green Building Act. No Certificate of Occupancy shall be issued for a project subject to Section 4 of the Green Building Act (D.C. Official Code § 6-1451.03 ) and Section 302 of the Green Construction Code, until the owner complies with the financial security requirement of Section 6 of the Green Building Act (D.C. Official Code § 6-1451.05 ) or Section 302 of the Green Construction Code, as applicable.

110.5.3.2

Projects Not Subject to the Green Building Act. For projects electing an alternate compliance pathway pursuant to Sections 101.4.9.4.2.2, 101.4.9.4.2.3, or 101.4.9.4.2.4, prior to issuance of a Certificate of Occupancy, or prior to issuance of the first Certificate of Occupancy for occupiable space in a story above grade plane where a project has multiple Certificates of Occupancy, the code official is authorized to request additional documentation as deemed necessary to confirm that the project is on track to be certified as compliant with the elected pathway.

110.6

Issuance of Certificate Authorizing Use or Occupancy. The code official shall review applications for Certificates which are complete, and shall approve such applications and issue the applicable Certificate upon a finding that the application satisfies the requirements of the Construction Codes, the Zoning Regulations, and other laws or regulations that are enforced by the Department. The Certificate issued by the Department shall contain the following information:

1. The address of the premises, along with the lot and square number and the applicable zone district;

2. The name and address of the owner or tenant, as applicable;

3. A description of the premises, or portion thereof, for which the Certificate is issued;

4. The permit number(s) associated with the Certificate, if applicable;

5. The use and occupancy authorized in accordance with the provisions of Chapters 3 and 4 of the Building Code;

6. The use and occupancy authorized in accordance with the Zoning Regulations;

7. The design occupant load;

8. The type of construction as defined in Chapter 6 of the Building Code;

9. If an automatic sprinkler system is provided, whether the sprinkler system is required;

10. The edition of the Construction Codes under which the permit was issued;

11. Any special stipulations and conditions of the Certificate or the associated permit(s);

12. The name of the code official;

13. The date of issuance; and

14. The date of expiration, if a Conditional or Temporary Certificate of Occupancy.

15. The code official is authorized to omit any of the above information upon determination that such information is not necessary or applicable to the specific Certificate.

110.7

Posting of Certificate. All Certificates shall be conspicuously posted in or upon the premises to which they apply so that they are readily visible to anyone entering the premises.

Exceptions:

1. Certificates for places of religious worship are not required to be posted.

2. Certificates are not required to be posted for one- family dwellings (including congregate living facilities with six or fewer residents).

110.8

Revocation of a Certificate. Revocations of any Letter of Core and Shell Completion or Certificate issued pursuant to this Section are governed by Section 111.

110.9

Fees for Letters of Core and Shell Completion and Certificates. A fee for the processing and issuance of a Letter of Core and Shell Completion and Certificates shall be paid to the D.C. Treasurer in accordance with the applicable fee schedule.

110.9.1

Fee Schedule. The Director is authorized to establish, from time to time, by approved rules, a schedule of unit rates and other fees for Letters of Core and Shell Completion, Certificates and other related miscellaneous services.

D.C. Mun. Regs. r. 12-A110

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