Insert a new Section R327 into the Residential Code to read as follows:
Material Reuse. A new construction, addition, raze , or Level 3 alteration project ("the project") shall comply with Sections R327.1.1, R327.1.2 and R327.1.3. For purposes of Section R327, nonhazardous waste shall not include lead-painted materials
Exception: Projects where not less than 50 percent of nonhazardous construction waste is diverted from disposal by recycling or salvage of construction materials and waste, by weight or volume. Construction and waste materials shall not include land-clearing debris such as trees, stumps, rocks and vegetation. The Department is authorized to require the owner, contractor or an approved agency to provide verification of the project's compliance.
Requirements. Reuse a minimum of 5 percent of total nonhazardous building materials by weight, volume or value (based on the materials cost). Reuse includes:
Verification. Documentation shall be made available to the code official at final inspection upon request in the form of weight tickets, tax donation letters, bills of sale, photographs, and/or other approved methods.
Lead-Painted Materials. Painted materials removed from buildings, or portions thereof, constructed prior to 1978 shall not be eligible for reuse or recycling unless tested and verified to be free of lead paint, or tested and tagged in a lasting manner to assure proper handling of lead hazards for all materials transferred off-site. Such tags must indicate possible lead exposure risk and that mandated handling methods must be followed. Tags shall remain in place until materials are sold or processed in compliance with regulations governing lead-based paint promulgated, or as may be promulgated, by DOEE or the federal Environmental Protection Agency, including, but not limited to 40 CFR § 745.85 (7-1-12 edition), and in conformance with all pertinent lead abatement requirements in D.C. Official Code §§ 8-231.01 et seq . (2013 Repl. & 2019 Supp.) and all pertinent implementing regulations, includ ing Chapter 33 of Title 20 DCMR.
D.C. Mun. Regs. tit. 12, r. 12-B327