D.C. Mun. Regs. tit. 12, r. 12-G104
Strike Section 104 of the International Property Maintenance Code in its entirety and insert new Section 104 in the Property Maintenance Code in its place to read as follows:
General. The code official shall enforce the provisions of the Property Maintenance Code.
Code official authority. The provisions of Sections 104.1 and 104.1.1 of Title 12-A DCMR shall apply to the Property Maintenance Code and are hereby incorporated by reference.
Inspections. The code official is authorized (i) to make all inspections necessary to ensure compliance with the Property Maintenance Code in accordance with Section 104.3; and (ii) to accept reports of inspection by approved agencies. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise.
Post-disaster event inspections. The code official is authorized to conduct inspections to determine emergency and disaster related damage to premises in the District of Columbia in accordance with the District of Columbia Damage Assessment Emergency Operations Plan (September 2015) and any subsequent amendments thereto.
Right of entry. Where it is necessary to make an inspection to enforce the provisions of the Property Maintenance Code, the code official is authorized to enter the premises, or any part thereof, at reasonable times to inspect or to perform the duties imposed by the Property Maintenance Code, subject to applicable law. This authority includes, but is not limited to, situations where the code official has reasonable cause to believe that a condition exists in or upon a premises that is contrary to or in violation of the Property Maintenance Code. Where attempting to gain entrance for inspection, th e code official and authorized representatives thereof shall present official credentials.
Occupied residential premises. With respect to the inspection of an occupied residential portion of any premises under the exclusive control of a tenant, t he code official shall not enter that portion of the premises without first having obtained permission from the tenant or other person of suitable age and discretion who resides there, unless the code official has:
Contractors and other persons with common authority over the premises. Where a residential tenant has given access or control to a contractor or other person to undertake work on t he tenant's portion of the premises pursuant to a permit, the code official is authorized to obtain consent from the contractor or other person with common authority over the premises to enter the premises for the limited purpose of inspecting the work authorized by such permit.
Interference with inspection. Any person who interferes with the code official in the performance of authorized duties, or prevents or refuses to allow the code official to enter a premises or any portion thereof for inspection in the performance of authorized duties, is in violation of the Construction Codes.
Refusal of entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry, including, but not limited to, application to the District of Columbia Superior Court for an administrative search warrant pursuant to D.C. Official Code §§ 42-3131.02 and 42-3509.08 (2012 Repl.), and/or Superior Court Civil Rule 204.
Additional provisions applicable to housing businesses. As a condition of receiving a housing business license under D.C. Official Code § 47-2828 (2015 Repl.), and Chapter 2 of Title 14 DCMR, the owner or operator of a housing business must agree to:
The code official, both prior to the issuance of a housing business license and during the license period, is authorized to enter and inspect at all reasonable hours the premises occupied or to be occupied by a housing business subject to the provisions in Section 104.3.1.
Refusal to permit inspection. If the owner or operator of a housing business, or authorized agent of such owner or operator, refuses to permit the code official to inspect the premises occupied or to be occupied by a housing business, such refusal shall be cause for withholding the issuance of a license for those premises until the inspection is permitted, and/or cause for the revocation of any existing license.
The refusal of any tenant to permit such an inspection shall not result in the revocation or suspension of the housing business license, nor shall such refusal result in the assessment of penalties against the operator of a housing business; provided, however, that when the code official presents a valid administrative search warrant that permits inspection of premises under a tenant's exclusive control, the tenant of a housing business who refuses to give permission to inspect that portion of the premises shall be in violation of the Property Maintenance Code.
Identification. The provisions of Section 104.5, Identification, of Title 12-A DCMR shall apply to the Property Maintenance Code and are hereby incorporated by reference.
Notices and orders. The code official is authorized to issue all necessary notices or orders to ensure compliance with the Property Maintenance Code, and to institute administrative and legal actions to correct violations or infractions, including actions pursuant to An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, and for other purposes, approved April 14, 1906 (34 Stat. 114; D.C. Official Code §§ 42-3131.01et seq. (2012 Repl.)), and the Abatement and Condemnation of Nuisance Properties Omnibus Amendment Act of 2002, effective April 19, 2002 (D.C. Law 14-114; D.C. Official Code §§ 42-3171.01et seq. (2012 Repl.)).
Retention of public records. The provisions of Section 104.7, Retention of Public Records, of Title 12-A DCMR, shall apply to the Property Maintenance Code and are hereby incorporated by reference.
Access to public records. Access to the public records of the Department is governed by the Freedom of Information Act, effective March 25, 1977 (D.C. Law 1-96; D.C. Official Code §§ 2-531et seq. (2016 Repl.) (the "Freedom of Information Act" or "FOIA"). The public records of the Department [as the term "public records" is defined in D.C. Official Code §§ 2-502(18) and 2-539(a) (2016 Repl.)] shall be available for inspection and copying subject to the exemptions and procedures set forth in the Freedom of Information Act. Publicly available information (as defined in Section 103.5.1, Title 12-A DCMR) is available for inspection without a written request. Fees for services rendered in response to information requests, including researching and copying any requested documents, are set forth in 1 DCMR § 408.
Coordination of ins pections. Whenever, in the enforcement of the Property Maintenance Code or another law or regulation, the responsibility of more than one official of the District of Columbia is involved, it shall be the duty of the officials involved to coordinate their inspections and administrative orders as fully as practicable, so that the owner and occupants of the premises are not subjected to multiple visits by numerous inspectors or multiple or conflicting orders.
D.C. Mun. Regs. tit. 12, r. 12-G104