D.C. Mun. Regs. tit. 12, r. 12-H104
Strike Section 104 of the International Fire Code in its entirety and insert anew Section 104 in the Fire Code in its place to read as follows:
General. The code official is hereby authorized to enforce the provisions of the Fire Code,and shall have the authority to render interpretations of the Fire Code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall be in compliance with the intent and purpose of the Fire Code and shall not have the effect of waiving requirements specifically provided for in the Fire Code.
Administrative Bulletins. The code official shall have the authority to promulgate, from time to time, administrative bulletins that shall be effective upon publication in the D.C. Register. Administrative bulletins shall be titled, numbered, and dated. Administrative bulletins shall be publically available at the Department's permit center and shall be posted on the Department's website. The code official shall maintain on the Department's website the same administrative bulletins as available at the Department's permit center.
Amendment of the Fire Code. Amendment of the Fire Code shall be governed by Section 122 of Title 12-A DCMR, which is incorporated by reference.
Applications and Permits. The code official is authorized to receive applications, review construction documents and issue permits for construction regulated by the Fire Code, issue permits for operations regulated by the Fire Code, inspect the premises for which such permits have been issued, and enforce compliance with the provisions of the Fire Code.
Right of Entry.Where it is necessary to make an inspection to enforce the provisions of the Construction Codes, 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 Construction Codes, subject to applicable law. This authority includes, but is not limited to, circumstances 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 Construction Codes. When attempting to gain entrance for inspection, the code official and authorized representatives thereof shall show official credentials.
Occupied Dwelling Units and Sleeping Units. The code official shall not enter an occupied dwellingunit or sleeping unit to conduct an inspection without first having obtained permission from the occupant, tenant or other person of suitable age and discretion who resides there.
Exceptions: Circumstances where:
Identification. The code official, and all authorized representatives of the code official, shall carry proper credentials when inspecting premises in the performance of duties under the Fire Code, and shall present them when requested.
Notices and Orders. The code official is authorized to issue such notices or orders as are required to effect compliance with the Fire Code in accordance with Section 109 Violations.
Retention of Public Records. The code official shall comply with the requirements of the District of Columbia Public Records Management Act of 1985 as amended (D.C. Law 6-19, as amended; D.C. Official Code, Title 2, Chapter 17 (2016Repl. & 2019 Supp.)). Public records of the Department shall be maintained for the period of time required by law. Such records shall be maintained so long as the building or other structure to which they relate remains in existence, unless otherwise provided for by statute, rule or regulation. Public records include, but are not limited to, the records required by Sections 104.6.1 through 104.6.4.
Approvals. A record of all approvals shall be maintained by the code official and shall be available for public inspection during business hours in accordance with applicable laws.
Inspections. The code official shall keep a record of each inspection made, including notices and orders issued, showing the findings and disposition of each.
Fire Records. The Department shall keep a record of fires occurring within the District of Columbia and of facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby, together with other information as required by the code official.
Administrative. Applications for modification of Fire Code requirements and for approval of alternative methods or materials, and the final decision of the code official with respect to such applications, shall be in writing and shall be officially recorded in the permanent records of the Department.
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. (2016Repl.&2019Supp.))(the "Freedom of Information Act"). The public records of the Department (as the term "public records" is defined in D.C. Official Code § 2-502(18) (2016Repl. &2019Supp.)) shall be available for inspection and copying subject to the exemptions and procedures set forth in the Freedom of Information Act. Fees for services rendered in response to information requests, including researching and copying any requested documents, are set forth in 1 DCMR § 408.
Exception:Advisory Neighborhood Commissioners shall not be required to pay a fee for researching and copying requested documents intended for official ANC purposes.
Technical Assistance. To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a premises, portion thereof or equipment thereon, subject to inspection by the code official, the code official is authorized to require the owner or owner's authorized agent to provide, without charge to the District of Columbia government, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, laboratory, or fire safety specialty organization acceptable to the code official and shall analyze the fire safety properties of the design, operation or use of the premises and equipment thereon to recommend necessary changes. The code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional.
Modifications. Whenever there are practical difficulties involved in carrying out the provisions of the Fire Code, the code official shall have the authority to grant modifications for individual cases, provided the code official shall first find that special individual reason makes compliance with the strict letter of the Fire Code impractical, that the modification is in compliance with the intent and purpose of the Fire Code, and that such modification does not lessen requirements regarding health, life and fire safety. The details of any action granting modifications shall be recorded and entered in the Department's files, and shall be in accordance with Section 104.10 of the Building Code.
Alternative Materials and Methods. The provisions of the Fire Code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by the Fire Code, provided that any such alternative has been approved as specified in Section 104.11 of the Building Code. The code official is authorized to approve an alternative material or method of construction where the code official finds that:
Research Reports. Supporting data, when necessary to assist in the approval of materials or assemblies not specifically provided for in the Fire Code, shall consist of valid research reports from sources approved by the code official.
Tests.The code official shall have the authority to require tests as evidence of compliance, at no expense to the District of Columbia government, whenever there is insufficient evidence of compliance with the provisions of the Fire Code, or evidence that a material or method does not conform to the requirements of the Fire Code, or in order to substantiate claims for alternative materials or methods. Test methods shall be as specified in the Fire Code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the code official for the period required for retention of public records.
Fire Investigations.
Fire and Arson Investigation Authority. The Fire Chief, the Fire Marshal, and his or her authorized representative(s) shall have the authority to investigate the cause, origin, and circumstances of every fire, explosion, or hazardous materials emergency in which the Department has a reasonable interest. When the Fire Chief, the Fire Marshal, or their authorized representative(s) have reason to believe that a fire, explosion, or hazardous materials incident may be the result of any violation of the law, he or she shall immediately take custody of and safeguard all physical evidence in connection therewith, and shall have the authority to prohibit the disturbance or removal of any materials, substance, device, or utility in or upon any building or premises where an incident occurred, until the investigation of the incident is complete. However, the Metropolitan Police Department shall be the primary investigative agency in incidents involving critical injury, death, or assaults with intent to kill.
Fire Records. The Fire Chief shall keep a record of all fires and related facts, including investigation findings and statistics and information about the cause, origin and extent of any fires and related damage.
Authority to Enter and Examine. The Fire Chief, the Fire Marshal or his or her authorized representative(s) shall have the authority at all times, in performance of the duties imposed by the provisions of the Fire Code, to enter upon or examine any area, building or premises, vehicle or other thing when there is a probable cause to believe that fires or attempts to cause fires exist. The Fire Chief, Fire Marshal or authorized representative(s) shall have the authority to enter, at any time, any building or premises adjacent to that at which the fire or attempt to cause fires has occurred, should they deem it necessary in the proper discharge of their duties; and are further authorized, in their discretion, to take full control and custody of such buildings and premises and place such person in charge thereof as they may deem proper until their examination and investigation is completed.
Arrest and Warrant Powers. The Fire Marshal, and any other personnel designated in writing by the Fire Chief, shall have and exercise, and are hereby invested with, the same general police powers, including arrest powers, as regular members of the Metropolitan Police Department, for the express and limited purpose of enforcing the fire safety laws in effect in the District of Columbia, including, but not limited to, t he Fire Code. This power shall extend to any arrest, the securing of warrants pursuant to Chapter 5 of Title 23 of the D.C. Official Code, or other lawful action necessary to permit the peaceful completion of any lawful action by the Department.
Assistance from Other Agencies. Police and other enforcement agencies shall have authority to render necessary assistance in the investigation of fires when requested to do so.
Authority at Fires and Other Emergencies. The Fire Chief or officer of the Department in charge at the scene of a fire or other emergency involving the protection of life or property or any part thereof, shall have the authority to direct such operation as necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks or other hazardous conditions or situations, or take any other action necessary in the reasonable performance of duty. In the exercise of such power, the fire chief is authorized to prohibit any person, vehicle, vessel or thing from approaching the scene and is authorized to remove, or cause to be removed or kept away from the scene, any vehicle, vessel or thing which could impede or interfere with the operations of the Department and, in the judgment of the code official, any person not actually and usefully employed in the extinguishing of such fire or in the preservation of property in the vicinity thereof.
Barricades. The Fire Chief or officer of the Department in charge at the scene of an emergency is authorized to place ropes, guards, barricades or other obstructions across any street, alley, place or private property in the vicinity of such operation so as to prevent accidents or interference with the lawful efforts of the Department to manage and control the situation and to handle fire apparatus.
Obstructing Operations. No person shall obstruct the operations of the Department in connection with extinguishment or control of any fire, or actions relative to other emergencies, or disobey any lawful command of the code official or officer of the Department in charge of the emergency or any part thereof, or any lawful order of a police officer assisting the Department.
Systems and devices. No person shall render a fire protection system or device inoperative during an emergency unless by direction of the code official or Department official in charge of the incident.
D.C. Mun. Regs. tit. 12, r. 12-H104