Statutes, codes, and regulations
District Of Columbia Administrative Code
Title 12 - CONSTRUCTION CODES SUPPLEMENT OF 2017Subtitle 12-H - FIRE CODE SUPPLEMENT OF 2017Chapter 12-H1 - SCOPE AND ENFORCEMENT
Part 2 - ADMINISTRATIVE PROVISIONS
Rule 12-H103 - FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT

D.C. Mun. Regs. tit. 12, r. 12-H103

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Current through Register Vol. 71, No. 44, November 1, 2024
Rule 12-H103 - FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT

Strike Section 103 of the International Fire Code in its entirety and insert a new Section 103 in the Fire Code in its place to read as follows:

103.1

Code Official for the Fire Code. The Fire Chief of the District of Columbia Fire and Emergency Medical Services Department ("Fire Chief") shall be the code official for the enforcement of the Fire Code, except that the Director of the Department of Consumer and Regulatory Affairs ("DCRA") shall be the code official for enforcement of all provisions of the Fire Code pertaining to approval, installation, design, testing, and inspection of (a) new fire protection systems and (b) modifications of existing fire protection systems. The Fire Chief shall be the code official for maintenance, testing and inspection of all existing fire protection systems. References to the term "Department" within the Fire Code shall mean the District of Columbia Fire and Emergency Medical Services Department.

103.1.1

Enforcement by DCRA Director. The provisions of 12-A DCMR, Chapter 1, shall apply to the enforcement by the DCRA Director of all Fire Code provisions pertaining to approval, installation, design, modification, maintenance, testing and inspection of all new and existing fire protection systems.

103.2

Duties and Powers of the Code Official. The duties and powers of the code official are set forth in Section 104.1.

103.3

Delegation of Authority. The code official shall have the authority to delegate his or her duties and powers under the Fire Code, but he or she shall remain responsible for the proper performance of those duties and powers regardless of any such delegation.

103.4

Organization. The code official shall appoint such number of officers, technical assistants, inspectors and other employees as shall be necessary for the administration of the Fire Code and as authorized by the appointing authority.

103.5

Deputy. The code official is authorized to designate an employee of DCRA or the Department, as applicable, as deputy who shall exercise all the powers of the code official during the temporary absence or disability of the code official.

103.6

Conflicts of Interest. No official or employee of the Department shall directly or indirectly engage in any private business transaction or activity that tends in any way to interfere with the performance of his or her duties, including:

1.Furnishing of Services. Being engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or structure under the jurisdiction of the Construction Codes, or the preparation of plans or specifications of a building or structure under the jurisdiction of the Construction Codes, unless the official or employee is the principal owner of the building or structure.
2.Conflict with Official Duties. Being engaged in any work which conflicts with official duties or with the interest of the Department.
3.Private Work. Directly or indirectly engaging with or accepting remuneration from any private person, firm, or corporation for the performance of any work as a designer, architect, engineer, consultant or inspector, which work is to be submitted to, passed upon, reviewed, or inspected by any officer of the District of Columbia charged with the administration of any portion of the Construction Codes.
103.7

Liability. The code officialor Department employee charged with the enforcement of the Construction Codes, the Zoning Regulations or other pertinent laws or regulations, while acting for the District of Columbia in good faith and without malice in the discharge of the duties required by the Construction Codes, the Zoning Regulations or other pertinent laws or regulations, shall not thereby be civilly or criminally rendered liable personally and are hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.

103.7.1

Legal Defense. Any suit or criminal complaint instituted against an officer or employee of the Department because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of the Construction Codes, the Zoning Regulations or other pertinent laws or regulations shall be defended by legal representatives of the District of Columbia until the final termination of the proceedings. The code official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of the Construction Codes, the Zoning Regulations or other pertinent laws or regulations enforced by the Department.

D.C. Mun. Regs. tit. 12, r. 12-H103

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