D.C. Mun. Regs. r. 12-A119

Current through Register Vol. 71, No. 23, June 7, 2024
Rule 12-A119 - SERVICE UTILITIES

Insert new Section 119 in the Building Code to read as follows:

119.1

Connection of Service Utilities. No person shall make connections from a utility source of energy, fuel, power, water or sewerage to any building, other structure or system that is regulated by the Construction Codes until a permit for the work is issued and the work has been inspected and approved by the code official.

119.2

Temporary Connection. The code official shall have the authority to authorize the temporary connection of a building, other structure, system, or use to the utility source of energy, fuel or power.

119.3

Authority to Disconnect Service Utilities. The code official shall have the authority to order the disconnection of utility service to any building, other structure or system regulated by the Construction Codes, in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by Section 119.1 or 119.2. The code official shall notify the serving utility, and where possible the owner and occupant of the building, other structure or service system, of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, other structure or service system shall be notified in writing, as soon as practical thereafter.

119.3.1

Non-Emergency Disconnection. The code official shall have the authority to disconnect any utility service or energy supplied to a premises or portion thereof, or to equipment located thereon, where notification has been provided in accordance with Section 119.3.1.1, in any of the following circumstances:

1. The owner of the premises, or person working on the premises, have failed to comply with one or more stop work orders;
2. Where an electric or natural gas service has been connected to a building or structure which has not been approved for occupancy or operation at that site; or,
3. Where a permit for temporary power has expired and the electrical connection is still in use.
119.3.1.1

Notification. The code official shall issue a notice and order directed to the owner of the premises or portion thereof that is subject to the disconnection order in accordance with Sections 113.4.6 and 113.5.5, and by posting the notice at the entrance of such building or structure.

119.3.1.2

Authority to Order Disconnection. If the specified action to be taken by the owner is not accomplished within 30 days from the date of service, the code official is authorized to order the utility to disconnect service, with the costs for such action to be borne by the owner. Responsibility for damages, losses, and liabilities consequent with the loss of power shall be borne by the owner and not the District of Columbia or its employees.

Exceptions: Where the owner or occupant can conclusively demonstrate the likelihood of loss of human life or serious health endangerment consequent to a loss of power to the site and, further, can conclusively demonstrate inability to provide alternate living arrangements for the endangered person.

119.3.1.2.1

Notice to the Serving Utility. When utility service or energy to a premises or portion thereof is to be disconnected, a written notice of such disconnection and causes therefore shall be provided at least twenty-four (24) hours prior to such disconnection to the serving utility, the owner and the occupants of the premises or portion thereof.

119.3.1.2.2

Posting of Notice of Disconnection. After any notice and/or order of the code official made pursuant to this section shall become final, the code official shall post a notice of disconnection in a conspicuous location, in or about the premises subject to the disconnection stating that the utility/energy connection, as applicable, will be disconnected on a specified date. Unauthorized removal or obstruction of a posted notice of disconnection is a violation of the Construction Codes, and is subject to the penalties provided in Section 113 and D.C. Official Code § 6-1406 (2018 Repl.), and the injunctive relief set out in D.C. Official Code § 6-1407 (2018 Repl.). The owner of the premises posted with a notice of disconnection, or the owner's agent, shall promptly notify the Department if the posted notice has been removed, damaged or obstructed so the notice can be reposted.

D.C. Mun. Regs. r. 12-A119

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