D.C. Mun. Regs. tit. 12, r. 12-G102
Strike Section 102 of the International Property Maintenance Code in its entirety and insert new Section 102 in the Property Maintenance Code in its place to read as follows:
Code Precedence. Unless otherwise provided herein, or in the Construction Codes Act (as defined in Section 202.2 of the Building Code), the Construction Codes shall take precedence over the Construction Codes Act, and the Construction Codes Supplement shall take precedence over the Model Codes (as defined in Section 101.1 of the Building Code), including standards and amendments.
Exception: If a conflict arises between the Construction Codes Act and the Construction Codes , the later adopted provision shall take precedence.
Conflicting provisions. Where, in any specific case, different sections of the Construction Codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement within the Construction Codes, the specific requirement shall govern. Where differences occur between provisions of the Property Maintenance Code and its referenced standards, the provisions of the Property Maintenance Code shall apply. Where, in a specific case, different sections of the Property Maintenance Code specify different requirements, the most restrictive shall govern.
Maintenance. Equipment, systems, devices and safeguards required by the Property Maintenance Code or a previous regulation or code under which the structure or premises was constructed, altered or repaired, shall be maintained in good working order. No owner, owner's authorized agent, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as is necessary while repairs or alterations are in progress. The requirements of the Property Maintenance Code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's authorized agent shall be responsible for the maintenance of buildings, structures and premises.
Application of other codes. Repairs, additions, demolition, razing or alterations to a structure, or changes of use or occupancy, shall be done in accordance with the provisions of the Construction Codes. Nothing in the Property Maintenance Code shall be construed to cancel, modify or set aside any provision of the Construction Codes or the Zoning Regulations, Title 11 DCMR.
Existing remedies. The provisions in the Property Maintenance Code shall not be construed to abolish or impair existing remedies, penalties or enforcement actions of the District of Columbia or its officers or agencies relating to the condemnation, removal or demolition of any structure which is dangerous, unsafe and/or unsanitary, the abatement of nuisance property, or the maintenance of vacant buildings.
Code precedence. If a conflict arises between the Housing Code, Title 14 DCMR Chapters 1 through 13, and the Property Maintenance Code, the provisions of the Property Maintenance Code shall take precedence.
Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of the Property Maintenance Code shall be executed and installed in a workmanlike manner, installed in accordance with the manufacturer's installation instructions, and use materials of a quality and kind suitable for the purpose for which used and of a kind normally used in the applicable trade.
Historic buildings. Any building or other structure that is listed (either as an individual listing or as a contributing resource to a listed historic district) in the D.C. or National Registers of Historic Places shall be exempt from specific provisions of the Property Maintenance Code; provided, that (a) the D.C. Historic Preservation Officer or the Keeper of the National Register of Historic Places certifies that compliance with the specific provisions of the Property Maintenance Code will cause the loss of irretrievable historic components that may lead to the de-listing of the building or other structure; and (b) the code official determines the exemption does not adversely affect the safety of the building or other structure or the public interest of health, safety and welfare.
Referenced codes and standards. The provisions of Section 102.4, Referenced Standards, of Title 12-A DCMR, shall apply to the Property Maintenance Code and are hereby incorporated by reference.
Exception: Where enforcement of a Property Maintenance Code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply.
Matters not covered by the Code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public health, safety, and welfare, not specifically covered by the Property Maintenance Code, shall be determined by the code official.
Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section, or provision of the Property Maintenance Code.
Other laws. The provisions of the Property Maintenance Code shall not be deemed to nullify any provisions of local or federal law.
Flood hazard areas. Repairs to premises, including equipment thereon, located wholly or partially in flood hazard areas, and the storage of equipment or materials that are listed as dangerous materials in 20 DCMR § 3106.2 or that will affect either the base flood elevation or the floodway in any flood hazard area, shall be subject to the Floodplain Management Regulations of the District of Columbia as defined in Section 202 of the Building Code, Title 12-A DCMR.
D.C. Mun. Regs. tit. 12, r. 12-G102