D.C. Mun. Regs. tit. 17, r. 17-3999

Current through Register 71, No. 45, November 7, 2024

Rule 17-3999 - DEFINITIONS

3999.1

When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Director - the Director of the Department of Consumer and Regulatory Affairs.

Construction management - means any work performed by a construction manager.

Construction manager - means any person who, for a fee, is contracted to supervise and coordinate the work of design professionals and multiple general contractors, while allowing the design professionals and general contractors to control individual operations and the manner of design and construction. Services provided by a construction manager may include:

(a) coordination, management, or supervision of design or construction;

(b) cost management, including estimates of construction costs and development of project budgets;

(c) scheduling for all phases of a project;

(d) design review, including review of formal design submission and construction feasibility; and

(e) bid packaging and general contractor selection; provided, that an owner who performs construction management himself or herself for his or her own residential property is not considered to be engaged in construction management for purposes of this chapter.

The term "construction manager" does not include any licensed engineer or architect acting within the scope of his or her license.

General contractor - means any person who, for a fee, is contracted to do construction on real property owned, controlled, or leased by another person of commercial, industrial, institutional, governmental, residential or accessory use buildings or structures. This also includes the remodeling, repair, improvement or demolition of these buildings or structures.

The term "general contractor" shall also include persons engaged in heavy construction (including highway, street, bridge, transmission line, marine facilities, and oil and gas structures construction, and dredging); land development (including blasting, test drilling, landfill, leveling, earthmoving, excavating, land drainage, and other land preparation); and the construction of new buildings.

The term "general contractor" does not include:

(a) any subcontractor, employee, or agent working for or under the supervision of a general contractor licensed or required to be licensed under this chapter and acting within the scope of his or her contract, employment, or agency;

(b) any person who merely furnishes materials or supplies for use at a construction site without fabricating them into, or consuming them in the performance of, the work of a general contractor;

(c) any licensed engineer or architect acting within the scope of his or her license;

(d) any person who does general contracting work on property that constitutes his or her primary residence, if that primary residence is a single-family dwelling;

(e) any property owner who does minor nonstructural repairs on the owner's property; and

(f) a governmental entity for work upon premises owned by the governmental entity and performed by employees of the governmental entity.

General contracting - means any work that is performed by a general contractor.

The term "general contracting" shall not include work performed by licensed electricians, licensed plumbers and gasfitters, or licensed refrigeration and air conditioning mechanics, so long as the work performed by them is limited to that of their licensed profession.

Pattern of substantial code violations - means five (5) or more violations of the building code which imperil the public health, safety, or welfare, or two (2) or more violations of any stop work order issued pursuant to this code, or any combination thereof involving five (5) or more violations of this code within any six (6) month period, at one (1) or more construction sites within the District managed or controlled by the licensee.

Property owner - any person or person's authorized agent who enters into a contract for the performance of general contracting work on property owned or occupied by that person.

Payment - the transfer, directly or indirectly, of any valuable consideration, and shall include, but not be limited to, the delivery of cash, promissory note, installment contract, other written promise to pay money, chattel mortgage, or deed of trust; Provided, that the term "payment" shall not include the promise to pay embodied in the contract itself.

Person - includes an individual, firm, partnership, joint stock company, corporation, association, incorporated society, statutory or common law trust, estate, executor, administrator, receiver, trustee, conservator, liquidator, committee, assignee, officer, employee, principal or agent.

Single contract project - means the total estimated cost of a project being undertaken by a general contractor or construction manager.

Subcontractor - means any person who contracts to perform construction-related services for a general contractor, a construction manager, or another subcontractor.

D.C. Mun. Regs. tit. 17, r. 17-3999

Final Rulemaking published at 56 DCR 3103 (April 24, 2009)

Authority: The creation of this new license category was authorized by the Fiscal Year 2009 Budget Support Act of 2008, D.C. Law 17-219, effective August 16, 2008.