D.C. Mun. Regs. r. 12-A112
Strike Section 113 of the International Building Code in its entirety and insert a new Section 112 in the Building Code in its place to read as follows:
Internal Agency Review Process. The purpose of this Section 112.1 is to facilitate internal agency review of a Staff Action (as defined in Section 112.1.2) by the code official or Zoning Administrator in certain limited situations authorized by Sections 112.1.1 through 112.1.4.
Persons Authorized to Seek Internal Agency Review. The right to seek internal agency review is available only to (1) an applicant for a permit or Certificate, or the holder of a permit or Certificate, that is adversely affected or aggrieved by a Staff Action as defined in Section 112.1.2, or (2) by persons specified in Section 112.1.1.1.
Stop Work Orders for Illegal Construction. Where a person is served with a Stop Work Order for violation of the Construction Codes in accordance with Section 114, and such person is neither a permit applicant nor a permit holder, such person is authorized and required to seek internal agency review of the Stop Work Order by the code official in accordance with the provisions of Section 112.1 before initiating an appeal to OAH or the Board of Zoning Adjustment (BZA) pursuant to Sections 112.2 and 112.3, as applicable.
Staff Action Subject to Internal Agency Review. A Staff Action for purposes of Section 112.1 shall consist of an interpretation of the Construction Codes or Zoning Regulations, or an action or decision based on such interpretation, that is made or taken by Department staff other than the code official or the Zoning Administrator, and which relates only to the following:
Requirements to Obtain Code Official Review of a Staff Action. To seek code official review of a Staff Action pursuant to Section 112.1, the following conditions apply:
Time of Notification for Section 112.1.3. For purposes of Section 112.1.3, the aggrieved person shall be deemed to have been notified of the Staff Action on the earliest occurrence of any of the following:
Requirements to Obtain Zoning Administrator Review of a Staff Action. To seek Zoning Administrator review of a Staff Action pursuant to Section 112.1, the following conditions apply:
Time of Notification for Section 112.1.4. For purposes of Section 112.1.4, the aggrieved person shall be deemed to have been notified of the Staff Action on the earliest occurrence of any of the following:
Code Official Action on Request for Agency Internal Review. Upon receipt of a request for review that complies with Section 112.1.2, the code official shall affirm, modify, or reverse the Staff Action within 15 business days of receipt of such request. If the code official affirms the Staff Action, or does not act upon the review request within the 15 business day period, the Staff Action shall be deemed affirmed. The decision of the code official on requests for an internal agency review of a Staff Action authorized by Section 121.1, shall be a final decision of the Department on the specific issue raised in the review request which the aggrieved person (as defined in Sections 112.1.1 and 112.1.1.1) may appeal to OAH in accordance with Section 112.2 below.
Zoning Administrator Action on Request for Agency Internal Review. The Zoning Administrator shall affirm, modify, or reverse the Staff Action within 15 business days of receipt of a review form that complies with Section 112.1.3. If the Zoning Administrator affirms the Staff Action or does not act upon the review request within the 15 business day period, the Staff Action shall be deemed affirmed. The decision of the Zoning Administrator on requests for an internal agency review of a Staff Action allegedly in violation of the Zoning Regulations, including the passive affirmation of a challenged Staff Action, shall be the final decision of the Zoning Administrator, which the aggrieved person (as defined in Sections 112.1.1 and 112.1.1.1) ma y appeal to the Board of Zoning Adjustment in accordance with Section 112.2.2 below.
Effect of Filing of Request Review of Staff Action. Notwithstanding the foregoing, the submission of a request for internal agency review of a Staff Action by an aggrieved person (as defined in Sections 112.1.1 and 121.1.1.1) shall not stay the time period established in the Zoning Regulations within which to appeal the Staff Action decision to the Board of Zoning Adjustment.
Appeal of a Final Decision of the Code Official based on Alleged Violations of the Construction Codes. The applicant for, or holder of, a permit or Certificate, or any person directly affected or aggrieved in a materially adverse manner by a final decision or order of the code official, including but not limited to issuance or revocation of a permit or Certificate, is authorized to appeal the final decision or order, or portion thereof, that is based upon the Construction Codes by filing an appeal with the Office of the Administrative Hearings (OAH).
The appeal shall be filed within 10 business days after the date the appellant had notice or knowledge of the decision, or should have had notice or knowledge of the decision, whichever is earlier, subject to the reconsideration procedure for permits involving adjoining property issues set forth in Section 112.7.
This 10-business day appeal period shall not be extended, tolled, or restarted by a request for an internal agency review under Section 112.1, but the appeal period shall be extended where reconsideration is timely sought in accordance with Section 112.7 as to the limited issue of whether the proposed work plan will provide adequate technical protection to the adjoining premises. The appeal shall specify the specific provisions of the Construction Codes, or the rules legally adopted thereunder, that the appeal alleges the code official incorrectly interpreted or applied and shall provide evidence to support an allegation, if part of t he appeal, that an equally good or better form of construction can be used.
In reviewing an appeal based in whole or in part on a technical determination or interpretation by the code official, OAH shall have no authority to waive requirements of the Construction Codes and shall not overrule the code official's technical determination or interpretation unless determined by OAH to be arbitrary or capricious.
Exceptions:
Appeal by Permit Holder of Summary Revocation under Section 111.1 (Item 2). When a summary revocation of a permit is ordered under item 2 of Section 111.1, the permit holder is authorized to request an expedited hearing from OAH within 72 hours (excluding Saturdays, Sundays, and legal holidays) after service of notice of the revocation pursuant to Section 111.3.1, to review the reasonableness of the revocation order. At this hearing, the code official shall have the burden of establishing a prima facie case of immediate or serious and continuing endangerment. The OAH shall not stay the code official's decision to revoke a permit under Item 2 of Section 111.1 pending the final resolution of the hearing.
Appeal by Certificate Holder of Summary Revocation under Section 111.2 (Item 2). When a summary revocation of a permit is ordered under item 2 of Section 111.2, the permit holder is authorized to request an expedited hearing from OAH within 72 hours (excluding Saturdays, Sundays, and legal holidays) after service of notice of the revocation pursuant to Section 111.3.1, to review the reasonableness of the revocation order. At this hearing, the code official shall have the burden of establishing a prima facie case of immediate or serious and continuing endangerment. The OAH shall not stay the code official's decision to revoke a permit under Item 2 of Section 111.1 pending the final resolution of the hearing.
Request for Expedited Hearing of Building Closure Pursuant to Section 115 by Tenant or Occupant of Rental Unit. Where a notice or order to close or vacate a building with rental units is issued pursuant to Section 115, a tenant or occupant of a rental unit affected by such notice or order has a right to request an expedited hearing by OAH prior to the closure subject to the following requirements:
Additional Provisions Applicable to Buildings with Residential Units. Nothing herein shall be construed to authorize an expedited hearing for any orders or notices issued, or actions taken, pursuant to Section 116. Appeal of a notice or order under Section 115 to close or vacate a building with rental units, or a request for an expedited hearing pursuant to Section 112.2.1.3, shall not preclude the code official from issuing a notice or order pursuant to Section 116 for the same premises, or any portion thereof, while such appeal or hearing is pending.
Appeal of a Final Decision of the Zoning Administrator based on Alleged Violations of the Zoning Regulations. The applicant for, or holder of, a permit or Certificate, or any person directly affected or aggrieved in a materially adverse manner by a final decision or order of the Zoning Administrator, including a revocation of a permit or Certificate, may appeal those aspects of the final decision or order that are based upon the Zoning Regulations to the Board of Zoning Adjustment (BZA) of the District of Columbia, pursuant to D.C. Official Code § 6-641.07 (2018 Repl.). The appeal shall be filed within a 60-day period after the date the appellant had notice or knowledge of the decision, or should have had notice or knowledge of the decision, whichever is earlier, as established by the Zoning Regulations. The appeal shall specify the specific provisions of the Zoning Regulations, or the rules legally adopted thereunder, that the appeal alleges the Zoning Administrator incorrectly interpreted or applied.
Exceptions: Only the aggrieved person (as defined in Sections 112.1.1 and 112.1.1.1) is authorized to appeal a final decision of the Zoning Administrator as a result of the internal agency review process authorized by Section 112.1.
Appeal of Orders of OAH or BZA. No appeal may be taken to OAH or to the BZA when a ground for revocation of a permit or Certificate is an Order of OAH or the BZA finding that the permit or Certificate was issued in error. The revocation in such cases may be appealed to the District of Columbia Court of Appeals pursuant to D.C. Official Code § 2-510.
Enforcement of OAH or BZA Orders. The code official or the Zoning Administrator, as applicable, shall take immediate action in accordance with the Order of the OAH or the BZA, as applicable, in any appeal.
Stay of Enforcement. Appeals of notices or orders issued by the code official or Zoning Administrator shall stay the enforcement of the notice or order until the appeal is heard by OAH or BZA.
Exceptions:
Limited Right of Reconsideration of Code Official Action by Owner of Adjoining Premises. Where notification of the owner of adjoining premises is required by Section 106.2.18.3, the owner entitled to such notification by a permit applicant shall have ten business days from the date that the permit is issued to seek reconsideration by the code official, based solely on the grounds that:
Review by the Code Official. Within 15 business days of receipt of a written reconsideration request that complies with Section 112.7, the code official shall determine whether the specific measures requested by the owner of the adjoining premises are supported by technical documentation. If the code official denies reconsideration, or does not act upon the reconsideration within the 15 business day period, the permit issuance shall be deemed affirmed and the claimant is authorized to appeal the matter directly to OAH in accordance with Sections 112.2 and 112.3. If the code official finds the technical documentation submitted by the claimant to be persuasive, t he code official is authorized to require the permit holder to revise the proposed work plan, to amend the permit, to revoke the permit, or to take such other actions as the code official deems necessary to protect the adjoining premises.
D.C. Mun. Regs. r. 12-A112