D.C. Mun. Regs. r. 12-A123

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

Rule 12-A123 - TRANSITORY PROVISIONS

Insert new Section 123 in the Building Code to read as follows:

123.1

Applicability of Prior Editions of the Construction Codes. The prior edition of the Construction Codes, in force on the date that a new edition of the Construction Codes is adopted pursuant to Section 122, shall remain in full force and effect for the purposes specified in Sections 123.1.1 through 123.1.5.

123.1.1

Permits Issued Prior to Adoption of Construction Codes. Work authorized by a permit issued before the effective date of the new edition of the Construction Codes, which permit has no t expired pursuant to Section 105.10 or been revoked pursuant to Section 111, shall be allowed to be carried to completion under the edition of the Construction Codes under which the permit was issued, subject to the exceptions stated in Section 102.6.

123.1.2

Applications Filed Prior to Adoption of Construction Codes. An application for permit for which the application filing deposit has been paid before the effective date of the new edition of the Construction Codes, pursuant to Section 108.2.1.1, shall be allowed to be processed to issuance of the permit, and any work authorized thereby shall be allowed to be carried to completion under the edition of the Construction Codes in effect on the date said application was filed, subject to the exceptions stated in Section 102.6 and the following conditions:

1. Each such application shall have been filed prior to the effective date of the new edition of the Construction Codes accompanied by submittal documents and other information sufficiently complete to allow processing of the permit application without substantial change or deviation;

2. Each such permit shall be paid in full and obtained by the applicant within 12 months after the effective date of the new edition of the Construction Codes;

3. All work authorized by such permit shall be carried to completion under the terms of the permit; and

4. Any permits granted under Section 123.1.2, if permitted to expire under Section 105.10 or if revoked pursuant to Section 111, shall not be extended under Section 105.11.

123.1.3

Applications Filed After Adoption of Construction Codes. Where a contract for design has been executed prior to the effective date of the new edition of the Construction Codes, but no permit applications for work covered by the design contract have been filed, permit applications for work covered by the design contract shall be allowed to be filed, processed to issuance of permit, and any work authorized thereby shall be allowed to be carried to completion, under the previous edition of the Construction Codes, subject to the exceptions stated in Section 102.6 and the following conditions:

1. The applicant shall file the permit application, accompanied by submittal documents and other information conforming to Sections 106.1 and 106.1.1 of the new edition of the Construction Codes, sufficiently complete to allow processing of the permit without substantial change or deviation, within 12 months after the effective date of the new edition of the Construction Codes;

2. The applicant shall submit a copy of the design contract for the work covered by the permit application, with a notarized affidavit stating that the submitted copy is a true and accurate copy of the contract, that the contract was in effect on or before the effective date of th e Construction Codes, and that the design submitted with the permit application was made under such contract;

3. The permit shall be obtained and the permit fee paid in full by the applicant within 12 months after the filing date;

4. All work authorized by such permit shall be carried to completion under the terms of the permit; and

5. Any permit granted under Section 123.1.3, if permitted to expire under Section 105.10 or if revoked pursuant to Section 111, shall not be extended under Section 105.11.

123.1.4

Tenant Layout Permits in a New Building. The work necessary to finish the interior layout of every tenant space in a new building authorized by a permit issued under a previous edition of the Construction Codes, for first occupancy of each such tenant space, shall be considered part of the completion of said building, and the permits for such tenant work shall be allowed to be processed under the same edition of the Construction Codes as the permit for the new building, regardless of when the tenant layout project begins.

123.1.4.1

Extensive Alteration Level 3 Projects. The work necessary to finish the interior layout of every tenant space in Alternation Level 3 projects that entails all of the following:

a) stripping the building to its structure,

b) removal of all other systems, and

c) the complete refitting of the building, shall be permitted shall be considered part of the completion of said building, and the permits for such tenant work shall be allowed to be processed under the same edition of the Construction Codes as the permit for the Alteration Level 3 work, regardless of when the tenant layout project began.

123.1.5

Revision of a Permit Issued Under a Prior Edition of the Construction Codes. Revisions pursuant to Section 105.9 of an active valid permit issued under a previous edition of the Construction Codes shall be allowed to be processed, at the option of the owner, under the same edition of the Construction Codes as the permit being revised.

Exceptions: Where the code official determines that:

1. Using certain provisions of the previous edition would pose an undue health or safety risk to the public or the occupants of the premises; or

2. The scope of work is such that submission of a new permit application is required in lieu of a permit revision as authorized by Sections 105.9 and 109.1.

D.C. Mun. Regs. r. 12-A123

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