D.C. Mun. Regs. r. 12-A111

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

Rule 12-A111 - REVOCATION OF PERMITS AND CERTIFICATES

Strike Section 112 of the International Building Code in its entirety and insert a new Section 111 into the Building Code in its place to read as follows:

111.1

Revocation of a Permit. The code official is authorized to revoke in whole or in part any permit issued under the Construction Codes or the Zoning Regulations upon service of notice as specified by Section 111.3, for any of the following reasons:

1. Where the Office of Administrative Hearings/OAH or Board of Zoning Adjustment/BZA has issued an Order revoking a permit or finding that a permit was issued in error.

2. When the permit holder, contractor, or Registered Design Professional in Responsible Charge has been cited, under Sections 115 or 116 of the Building Code for one or more violations of the Construction Codes which, by the determination of the code official, threaten the health and safety of the public in the District of Columbia, and when the permit holder fails to restore safety or otherwise remedy the situation under the terms and conditions of the code official's order a nd within the time period specified.

3. When the code official determines that the permit has been erroneously issued as the result of administrative or clerical error and notifies the permit holder of the error within five business days after permit issuance.

4. When the code official determines that the permit has been erroneously issued as the result of administrative or clerical error and notifies the permit holder of the error more than five business days after permit issuance.

5. When permits are issued to a contractor, construction manager or tradesperson without the requisite District of Columbia license(s) or whose District of Columbia license(s) have expired, or are suspended or revoked by the Board or DCRA Division having jurisdiction.

Where the application or construction documents on which the issuance of a permit or approval was based contain a significant inaccuracy, a false statement or a material misrepresentation of fact that substantively affected the approval and issuance of the permit, including, but not limited to, inaccuracies with respect to pre-existing conditions.

6. When work at a construction site covered by the permit has been posted with two or more stop work orders, under Section 114, and, where the stop work order is not otherwise withdrawn by the code official, the permit holder fails to comply with the terms of the stop work orders in two or more instances, so as to establish a pattern indicative of the permit holder's unwillingness to fully comply with the Construction Codes.

7. When the work at a construction site covered by the permit:

(a) does not comply with (i) the Construction Codes (or any modification duly granted thereunder by the code official), (ii) the Zoning Regulations (or any relief granted therefrom by the Board of Zoning Adjustment or the Zoning Commission), (iii) the permit, (iv) the revised permit, (v) one or more conditions of any Board of Zoning Adjustment or Zoning Commission Order that authorized the construction, or (vi) the approved construction documents; and

(b) the permit holder fails to correct the non-conforming condition within the time period specified in a notice or order issued under Section 113 if such is issued.

8. Where the application or construction documents on which the issuance of a permit or approval was based was signed by an architect or engineer without the requisite District of Columbia license(s) or whose District of Columbia license(s) have expired, or are suspended or revoked by the Board or DCRA Division having jurisdiction.

9. Where the registered design professional of record or the registered design professional in responsible charge has been disciplined by the Board for Professional Engineers or the Board for Architects or any other regulatory authority.

111.1.1

Effective Date of Permit Revocation. Revocation of a permit shall become final up on occurrence of one of the following conditions:

1. Revocations based on item 1 of Section 111.1 shall be summary revocations that take effect on the effective date of the order of the OAH or BZA.

2. Re vocations based on item 2 of Section 111.1 shall be summary revocations that take effect on the date ordered by the code official.

3. Revocations based on item 3 of Section 111.1 shall be summary revocations that take effect upon timely issuance by the code official of a notice to the permit holder declaring the permit null and void and cancelling the permit.

4. All revocations based on Section 111.1 other than those subject to items 1, 2 or 3 of Section 111.1.1, shall be proposed actions that will take effect upon one of the following conditions:

a. If based on violations of the Construction Codes, ten business days after service of the notice of revocation pursuant to Section 111.3 unless the permit holder requests a hearing to appeal the proposed revocation from the Office of Administrative Hearings (OAH) within that ten business day period; or

b. If based on violations of the Zoning Regulations, at the end of the 60-day period established in Section 11-Y 302 of the Zoning Regulations for appeals to the Board of Zoning Adjustment (BZA), after service of the notice of revocation pursuant to Section 111.3 unless the permit holder requests a hearing to appeal the proposed revocation from the Board of Zoning Adjustment (BZA) within that 60-day period.

111.2

Revocation of a Certificate. The code official is authorized to revoke a Certificate or Letter of Core and Shell Completion issued under Section 110 as to the whole or a portion of a premises, as reasonably deemed appropriate by the code official, upon service of notice as specified by Section 111.3, for any of the following conditions:

1. Where the Office of Administrative Hearings/OAH or Board of Zoning Adjustment/BZA has issued an Order revoking a Certificate or finding that a Certificate was issued in error.

2. Where the owner or permit holder or the Registered Design Professional in Responsible Charge has been cited, under Sections 115 or 116 of the Building Code, for one or more violations of the Construction Codes which, by the determination of the code official, threaten the health and safety of the public in the District of Columbia, and when the Certificate holder fails to restore safety or otherwise remedy the situation under the terms and conditions of the code official's order and within the time period specified.

3. Where the application or information on which the issuance of the Certificate was based contained a significant inaccuracy, a false statement or a material misrepresentation of fact that substantively affected the approval and issuance of the Certificate; or

4. When the code official determines that the Certificate has been erroneously issued as the result of administrative or clerical error and notifies the Certificate holder of the error within five business days after Certificate issuance.

5. When the code official determines that the Certificate has been erroneously issued as the result of administrative or clerical error and notifies the Certificate holder of the error more than five business days after Certificate issuance.

6. Where the actual occupancy does not conform with that which was permitted under the Certificate, including any conditions, or permitted under the applicable laws and regulations of the District, including, but not limited to situations where the use is being operated in violation of one or more conditions of any Zoning Commission or Board of Zoning Adjustment Order that authorized the establishment of the use or the construction, renovation, or alteration of the building in which the use is located. Such violations include, but are not limited to, (i) the failure to establish or maintain any public benefit in accordance with a condition set forth in any Zoning Commission order granting a planned unit development on the premises in which the use is located, or (ii) the failure to comply with a condition imposed by the Board of Zoning Adjustment (BZA) in any special exception or variance order of that Board related to the premises in which the use is located.

7. When all of the following conditions are verified:

a. The premises or portion thereof, for which a certificate had been previously issued, is undergoing alteration or repair, or an addition thereto is being constructed, under a duly issued permit, and the original use is being continued during the construction period; and

b. The code official deems that construction is not progressing at a reasonable pace and the unfinished portion of the project, as shown on the approved construction documents, or the missing systems or portions thereof, are such that the code official deems that the safety, health or welfare of the public or of the occupants is seriously threatened thereby.

8. Where the owner or occupant fails to timely apply for a new Certificate in accordance with Section 110, where such certificate is required, the Certificate previously issued for the premises or portion thereof shall be revoked in whole or in part as applicable.

111.2.1

Effective Date of Revocation. Revocations of a Certificate shall become final upon occurrence of one of the following conditions:

1. Revocations based on item 1 of Section 111.2 shall be summary revocations and shall take effect on the effective order of the OAH or BZA.

2. Revocations based on item 2 of Section 111.2 shall be summary revocations and shall take effect on the date ordered by the code official.

3. Revocations based on item 3 of Section 111.2 shall be summary revocations that take effect upon timely issuance of a notice by the code official to the Certificate holder declaring the Certificate null and void.

4. All revocations based on Section 111.2 other than those subject to items 1, 2 or 3 of Section 111.1.2, shall be proposed actions that will take effect upon one of the following conditions:

a. Based on violations of the Construction Codes, ten business days after service of the notice of revocation pursuant to Section 111.3 unless the permit holder requests a hearing to appeal the proposed revocation from the Office of Administrative Hearings (OAH) within that ten business day period; or

b. Based on violations of the Zoning Regulations, within the 60-day period established in Section 11-Y 302 of the Zoning Regulations for appeals to the Board of Zoning Adjustment (BZA), after service of the notice of revocation pursuant to Section 111.3 unless the permit holder requests a hearing to appeal the proposed revocation from the Board of Zoning Adjustment (BZA) within that 60-day period.

111.3

Notice of Revocation of a Permit or Certificate. The code official or Zoning Administrator shall provide written notice of the revocation to the holder of the permit or Certificate of Occupancy. This notice shall include the following:

1. A statement of the grounds for the action taken, citing the provisions of the D.C. Official Code, the Construction Codes or the Zoning Regulations which have been violated;

2. The effective date of the proposed revocation; and

3. A statement advising the permit holder or Certificate holder of the right to appeal the revocation in accordance with Section 112.2.

Exceptions: For revocations based on item 1 of Section 111.1 and item 1 of Section 111.2, the Order of the Office of Administrative Hearings (OAH) or of the Board of Zoning Adjustment (BZA), as applicable, ordering the revocation of a permit or Certificate or finding that a permit or Certificate has been issued in error, shall constitute the Notice of Revocation required under this section and no additional notice is required.

111.3.1

Service of Notice to Revoke a Permit or Certificate. The code official shall provide service of a notice to revoke a permit to the permit holder or the permit holder's agent in accordance with Section 113.5. The code official shall provide service of a notice to revoke a Certificate to the Certificate holder or the Certificate holder's agent in accordance with Section 113.5.

111.4

Appeals of Revocations. Appeals of revocations of permits and of Certificates shall be governed by Section 112.

Exceptions: Revocations based on item 1 of Section 111.1 and item 1 of Section 111.2 shall not be appealed to the Office of Administrative Hearings (OAH) or the Board of Zoning Adjustment (BZA), as applicable, but instead shall be appealed only to the District of Columbia Court of Appeals pursuant to Section 11 of An Act To prescribe administrative procedures for the District of Columbia Government, approved October 21, 1968 (82 Stat. 1209; D.C. Official Code § 2-510 (2016 Repl. & 2019 Supp.)).

D.C. Mun. Regs. r. 12-A111

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