D.C. Mun. Regs. r. 12-A120

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

Rule 12-A120 - COVENANTS AND AGREEMENTS

Insert new Section 120 in the Building Code to read as follows:

120.1

General. The provisions of this section, and D.C. Official Code § 6-1405.01(b) (2018 Repl.), shall apply to any covenants or agreements required by the Construction Codes or accepted by the code official as an alternate means of compliance with requirements of the Construction Codes (a "Required Covenant"). There may also be other covenants or agreements relating to the construction process that are required by other agencies as set forth in Section 120.4, that are subject to review and approval by these agencies ("Other Agency Covenant").

120.1.1

Required Covenants.Required Covenants include the following:

1.Covenant for Openings (Section 705.8.7. or Residential Code Section 302.1;

2.Covenant for Green Building Act Binding Pledge (Section 302.6.2.4 of the Green Construction Code);

3.Covenant for Modification of Projection Requirements (Section 3202.4.2);

4.Covenant for Master Service or Master Metering (Articles 230.2 and 230.3 of the Electrical Code);

5.Covenants required by the Zoning Administrator; and

6. Covenants and agreements required or accepted by the code official as an alternate means of compliance with requirements of the Construction Codes, in conjunction with an approved code modification.

120.2

Form and Recordation. Any Required Covenant shall:

(i) run with the land for as long as it is required;

(ii) be in the form approved by the Office of the Attorney General for the District of Columbia ("OAG");

(iii) require approval for technical sufficiency by the Department or other responsible agency indicated below, as shown by the signature of the authorized representative of the Department or other agency; and

(iv) require approval for legal sufficiency by OAG or OAG's designee, before issuance of any related permits, certificates of occupancy for Green Building Pledge Covenants, or Change in Openings as specified in Section 120.3.1.1. as shown by the signature of the authorized representative of OAG on the required covenant. Any modification or termination of a Covenant shall require: prior written approval of the District of Columbia in a form approved by OAG; approval for technical sufficiency by the Department (or other agency indicated below); and approval for legal sufficiency by OAG or OAG's designee. For each Required Covenant, the owner(s) shall:

1. File and record the Required Covenant, signed by the owner(s) as approved by the Department (or other agency as required below) and by OAG or OAG's designee, among the land records of the Office of the Recorder of Deeds of the District of Columbia (Land Records) against the title to the lot on which the building or structure is located or to be located, by and at the expense of the owner;

2. Provide the code official with one copy of the Required Covenant that is certified by the Recorder of Deeds as having been recorded among the Land Records against the lot; and

3. Cause any lien or interest creating a security interest for the payment of a debt in the premises, as applicable, recorded in the Land Records prior to the Required Covenant, to be subordinated to the Required Covenant.

120.3

Specific Categories of Required Covenants.

120.3.1

Required Covenant for Openings. No permit shall be approved or issued where one or more openings in an exterior wall, subject to the provisions of Section 705.8.7 or Residential Code Section 302.1, until the owner of the lot presents the code official with a copy of a covenant that complies with Section 120.2. The purpose of the covenant is to ensure compliance with maintenance of the minimum requirements of Section 705.8.7 and Residential Code Section 302.1 for as long as the building exists, and to ensure that responsibility for the maintenance of those conditions shall be conveyed to any future owner of the building.

120.3.1.1

Change in Openings. If the code official determines that a change in conditions subject to Section 705.8.7 or Residential Code Section 302.1 occurred prior to final inspection, but after recordation of a covenant required by this Section 120.3.1, and the change affects the terms of the covenant, the owner shall amend the covenant as the code official directs and record the amended covenant in accordance with Section 120.1 prior to issuance of the first certificate of occupancy for occupiable space in a story above grade plane, or prior to final inspection if no certificate of occupancy is required.

120.3.2

Required Covenants for Modifications of Projection Requirements for Foregone Construction. No permit or related plan shall be approved or issued for a modification of projection requirements pursuant to Section 3202.4.2 until the owner of the premises presents the code official with a copy of a covenant that complies with Section 120.2, and which meets the requirements of Section 3202.4.2.4 and 3202.4.2.5.

120.3.3

Required Covenants for Green Building Act Binding Pledge. No certificate of occupancy in a story above grade plane for a project for which the owner or authorized agent has elected to submit a binding pledge as provided in Section 302.6.2.4 of the Green Construction Code as security for compliance with the provisions of Section 302.3.2 or Section 302.3.3 of the Green Construction Code or as provided in Section 6 of the Green Building Act (D.C. Official Code Section § 6-1451.05) until the owner or authorized agent presents the code official with a copy of a covenant that complies with Section 120.2.

120.3.4

Required Covenants for Master Service or Master Metering. No permit shall be approved or issued to provide master service to more than one building on a single lot, or to buildings on different lots in the same square, as approved pursuant to Articles 230.2 and 230.3 of the Electrical Code, until the owner of the premises presents the code official with a copy of a covenant, complying with Section 120.2, that establishes access rights to each end user.

120.3.5

Covenants Required by the Zoning Administrator. No building permit shall be approved or issued for a single family dwelling project where the application shows components of an additional dwelling unit(s), unless the owner commits to maintain the unit as a single family dwelling for purposes of compliance with the Zoning Regulations or seeks, as appropriate, regulatory approval as either an accessory apartment, flat, or multiple dwelling use as permitted under the Zoning Regulations. If maintained as a single family dwelling, a commitment to maintain the premises as a single family dwelling must be documented by the owner of the premises by presenting the code official with a copy of a covenant, complying with Section 120.2.

120.4

Other Agency Covenants and Agreements. Where an agency other than the Department requires a covenant or agreement to be approved by such agency prior to permit issuance by the Department, then it shall be the responsibility of the requiring agency to ensure that the applicant has met the conditions imposed by such agency, and to provide evidence to the Department of the requiring agency's approval of such covenant or agreement. Agreements and covenants required by other agencies include, but are not limited to, the following:

1.Covenants for Stormwater Management (DOEE, pursuant to 21 DCMR Chapter 5).

2.Covenants for Private Fire Hydrants (Fire and Emergency Medical Services, pursuant to D.C. Official Code § 34-2410.02 and Fire Code § 507.5.2.1).

3.Public Space Vault Agreements ( DDOT, pursuant to D.C. Official Code § 10-1103.01 and Building Code § 3202.9.2.1).

4.Covenants or Agreements for Installation and Maintenance of Water Service or Sewer Pipes that Traverse an Adjacent Premises. (DC Water, pursuant to D.C. Code § 8-205(b) and 21 DCMR §§ 110 and 202).

5.Covenants and Non-Conversion Agreements Required under Flood Hazard Rules (DOEE, pursuant to 21 DCMR Chapter 31).

D.C. Mun. Regs. r. 12-A120

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