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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 12. CONSTRUCTION CODES SUPPLEMENT OF 2013 |
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SubTilte 12-A. BUILDING CODE SUPPLEMENT OF 2013 |
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Chapter 12-A1. ADMINISTRATION AND ENFORCEMENT |
Section 12-A101. GENERAL
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Strike Chapter 1 of the International Building Code in its entirety and insert the following in its place to read as follows:
101.1 The Construction Codes. The District of Columbia Construction Codes (2013), hereinafter referred to as the “Construction Codes,” shall consist of the Building Code, Residential Code, Electrical Code, Fuel Gas Code, Mechanical Code, Plumbing Code, Property Maintenance Code, Fire Code, Energy Conservation Code, Existing Building Code, Green Construction Code and Swimming Pool and Spa Code as defined in Sections 101.2 through 101.4.10 of Title 12-A of the District of Columbia Municipal Regulations (DCMR), and shall include, as to any specific application, any modifications thereto authorized and duly granted by the code official. The District of Columbia Construction Codes Supplement of 2013 (the “Construction Codes Supplement”) shall consist of the additions, insertions, deletions and changes to the 2012 editions of the International Codes published by the International Code Council (“ICC”) identified in Sections 101.2, 101.3 and 101.4, and the National Electrical Code (2011) published by the National Fire Protection Association (“NFPA”) (collectively, the “International Codes”). The International Codes are adopted pursuant to the provisions of the Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987 (D.C. Law 6-216; D.C. Official Code § 6-1401 et seq. (2012 Repl.)) (the “Construction Codes Act”).
101.1.1 The Construction Codes Scope and Intent. 12 DCMR A, Chapter 1 shall serve as the administrative and enforcement provisions for the Building Code, Residential Code, Electrical Code, Fuel Gas Code, Mechanical Code, Plumbing Code, Energy Conservation Code, Existing Building Code, Green Construction Code and Swimming Pool and Spa Code, except as otherwise provided herein. Administrative and enforcement provisions for the Property Maintenance Code and the Fire Code are set forth in 12 DCMR G, Chapter 1, and 12 DCMR H, Chapter 1, respectively.
101.1.2 Definitions. Italicized words and terms shall have the meanings set forth in the International Codes or the Construction Codes Supplement.
101.2 D.C. Building Code. The D.C. Building Code (2013), hereinafter referred to as the “Building Code”, shall consist of the 2012 edition of the International Building Code (“International Building Code”), as amended by the Construction Codes Supplement (12-A DCMR, Building Code Supplement).
101.2.1 Appendices. Provisions in the appendices of the International Building Code shall not apply unless specifically adopted in the Construction Codes Supplement.
101.2.2 Administration and Enforcement. Chapter 1 of the International Building Code is deleted in its entirety. In its place, the provisions of 12 DCMR A, Chapter 1, shall apply to the Building Code and are incorporated by this reference.
101.2.3 Scope. The provisions of the Building Code shall apply to the construction, alteration, addition, repair, removal, demolition, use, location, movement, enlargement, occupancy and maintenance of all premises, including any buildings or other structures, and appurtenances attached to buildings or other structures in the District of Columbia, and shall apply to existing or proposed buildings and other structures, except as such matters are otherwise provided for in other ordinances or statutes or in the rules and regulations authorized for promulgation under the provisions of the Building Code. These regulations establish minimum standards: for maintenance of all structures; for basic equipment and facilities for light, ventilation, space heating and sanitation; for safety from fire; for space and location; for safe and sanitary maintenance of all structures now in existence; for minimum requirements for all existing buildings and other structures for means of egress, fire protection systems and other equipment and devices necessary for life safety from fire; for rehabilitation and reuse of existing structures; and for construction, alterations and repairs.
Exceptions:
1.Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall be permitted to comply with the Residential Code defined in Section 101.3.
2.Existing buildings undergoing repair, alteration, additions or change of occupancy shall comply with the Existing Building Code defined in Section 101.4.8 or the current Construction Codes.
101.2.4 Intent. The purpose of the Building Code is to establish minimum requirements to safeguard the public health, safety, and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, accessibility, sustainability, and safety to life and property from fire and other hazards attributed to the built environment, and to provide safety to fire fighters and emergency responders during emergency operations.
101.3 D.C. Residential Code. The D.C. Residential Code (2013), hereinafter referred to as the “Residential Code,” shall consist of the 2012 edition of the International Residential Code (“International Residential Code”), as amended by the Construction Codes Supplement (12 DCMR B, Residential Code Supplement).
101.3.1 Appendices. Provisions in the appendices of the International Residential Code shall not apply unless specifically adopted in the Construction Codes Supplement.
101.3.2 Administration and Enforcement. Chapter 1 of the International Residential Code is deleted in its entirety. In its place, the provisions of 12 DCMR A, Chapter 1, shall apply to the Residential Code and are incorporated by this reference.
101.3.3 Scope. The provisions of the Residential Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures.
Exceptions:
1.Live/work units complying with the requirements of Section 419 of the Building Code shall be permitted to be built as one- and two-family dwellings or townhouses. Fire suppression required by Section 419.5 of the Building Code when constructed under the Residential Code shall conform to Section 2904 of the Residential Code.
2.Owner-occupied lodging houses with five or fewer guestrooms shall be permitted to be constructed in accordance with the Residential Code when equipped with a fire sprinkler system in accordance with Section 2904 of the Residential Code.
101.3.3.1 Home Day Care. Appendix M of the Residential Code shall apply to home day care, including Child Development Homes where oversight is provided by the Office of the State Superintendent of Education or a successor agency, where:
- The home day care is provided in detached one and two-family dwellings or townhouses within the scope of the Residential Code; and
2. The home day care is legally operated as a home occupation under the Zoning Regulations.
101.3.4 Intent. The purpose of the Residential Code is to establish minimum requirements to safeguard the public health, safety, and general welfare through affordability, structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment, and to provide safety to fire fighters and emergency responders during emergency operations.
101.4 Referenced Codes. The codes defined in Sections 101.4.1 through 101.4.10 and referenced elsewhere in the Building Code shall be considered part of the requirements of the Construction Codes to the prescribed extent of each such reference.
101.4.1 D.C. Electrical Code. The D.C. Electrical Code (2013), hereinafter referred to as the “Electrical Code,” shall consist of the 2011 edition of the National Electrical Code (“National Electrical Code”) published by the National Fire Protection Association (“NFPA”) as amended by the Construction Codes Supplement (12 DCMR C, Electrical Code Supplement).
101.4.1.1 Annexes. Provisions in the annexes to the National Electrical Code are provided for informational purposes only, in accordance with Article 90, Section 90.5 of the National Electrical Code, unless otherwise specified in the Construction Codes Supplement.
101.4.1.2 Administration and Enforcement. The provisions of 12 DCMR A, Chapter 1, shall apply to the Electrical Code and are incorporated by this reference.
101.4.1.2.1 Deletions. Sections 90.1 (A), 90.1 (C), 90.2, 90.4 and 90.6 of the National Electrical Code are deleted in their entirety.
101.4.1.3 Scope. The provisions of the Electrical Code shall apply to the design, installation, maintenance, alteration, conversion, changing, repairing, removal, and inspection of electrical conductors, equipment, and raceways; signaling and communications conductors, equipment, and raceways; and optical fiber cables and raceways for the following:
1.Public and private premises, including, but not limited to, buildings, other structures, mobile homes, recreational vehicles, and floating buildings.
2.Yards, lots, parking lots, carnivals, circuses, fairs and similar events, and industrial substations.
3.Installation of conductors and equipment that connect to the supply of electricity.
4.Installations used by the electric utility, such as office buildings, warehouses, garages, machine shops, and recreational buildings, that are not an integral part of a generating plant, substation, or control center.
Exceptions:
- Installations in ships, watercraft other than floating buildings, railway rolling stock, aircraft, or automotive vehicles other than mobile homes and recreational vehicles.
2. Installations underground in mines and self-propelled mobile surface mining machinery and its attendant electrical trailing cable.
3. Installation of railways for generation, transformation, transmission, or distribution of power used exclusively for operation of rolling stock or installations used exclusively for signaling and communications purposes.
4. Installations of communications equipment under the exclusive control of communications utilities located outdoors or in building spaces used exclusively for such installations.
5. Installations under the exclusive control of an electrical utility where such installations.
5.1Consist of service drops or service laterals, and associated metering, or
5.2Are on property owned or leased by the electric utility for the purpose of communications, metering, generation, control, transformation, transmission, or distribution of electric energy, or
5.3Are located in legally established easements or rights-of-way, or
5.4Are located by other written agreements either designated by or recognized by public service commissions, utility commissions, or other regulatory agencies having jurisdiction for such installations. These written agreements shall be limited to installations for the purpose of communications, metering, generation, control, transformation, transmission, or distribution of electrical energy where legally established easements or rights-of-way cannot be obtained. These installations shall be limited to federal lands, Native American reservations through the U.S. Department of the Interior, Bureau of Indian Affairs, military bases, lands controlled by port authorities and state agencies and departments, and lands owned by railroads.
6. Installations that are part of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with separate means of egress and their accessory structures that comply with the Residential Code.
101.4.1.4 Intent. The purpose of the Electrical Code is to establish minimum requirements to safeguard persons and property from hazards arising from the use of electricity, and is not intended as a design specification or as an instruction manual for untrained persons.
101.4.2 D.C. Fuel Gas Code. The D.C. Fuel Gas Code (2013), hereinafter referred to as the “Fuel Gas Code,” shall consist of the 2012 edition of the International Fuel Gas Code (“International Fuel Gas Code”), as amended by the Construction Codes Supplement (12 DCMR D, Fuel Gas Code Supplement).
101.4.2.1 Appendices. Provisions in the appendices of the International Fuel Gas Code shall not apply unless specifically adopted in the Construction Codes Supplement.
101.4.2.2 Administration and Enforcement. Chapter 1 of the International Fuel Gas Code is deleted in its entirety. In its place, the provisions of 12 DCMR A, Chapter 1, shall apply to the Fuel Gas Code and are incorporated by this reference.
101.4.2.3 Scope. The provisions of the Fuel Gas Code shall apply to the installation of fuel gas piping systems, fuel gas utilization equipment, gaseous hydrogen systems, and related accessories, as follows:
1. Gaseous hydrogen systems shall be regulated by Chapter 7.
2. The regulations shall cover piping systems for natural gas with an operating pressure of 125 pounds per square inch gauge (psig) (862 kPa gauge) or less, and for LP-gas with an operating pressure of 20 psig (140 kPa gauge) or less, except as provided in Section 402.6.1. Coverage shall extend from the point of delivery to the outlet of the equipment shutoff valves. Piping system requirements shall include design, materials, components, fabrication, assembly, installation, testing, inspection, operation, and maintenance.
3. Requirements for gas utilization equipment and related accessories shall include installation, combustion and dilution air, and venting and connection to piping systems.
4. The requirements for the design, installation, maintenance, alteration, and inspection of mechanical appliances operating with fuels other than fuel gas shall be regulated by the Mechanical Code.
Exception to 101.4.2.3: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with separate means of egress and their accessory structures that comply with the Residential Code.
101.4.2.3.1 Exempted Installations and Equipment. The Fuel Gas Code shall not apply to the following:
1.Portable LP-Gas equipment of all types that is not connected to a fixed fuel system.
2.Installation of farm equipment such as brooders, dehydrators, dryers and irrigation equipment.
3.Raw material (feedstock) applications except for piping to special atmosphere generators.
4.Oxygen-fuel gas cutting and welding systems.
5.Industrial gas applications using gases such as acetylene and acetylenic compounds, hydrogen, ammonia, carbon monoxide, oxygen and nitrogen.
6.Petroleum refineries, pipeline compressor or pumping stations, loading terminals, compounding plants, refinery tank farms and natural gas processing plants.
7.Integrated chemical plants or portions of such plants where flammable or combustible liquids or gases are produced by chemical reactions or used in chemical reactions.
8.LP-Gas installations at utility gas plants.
9.Liquefied natural gas (LNG) installations.
10.Fuel gas piping in power and atomic energy plants.
11.Proprietary items of equipment, apparatus, or instruments such as gas generating sets, compressors and calorimeters.
12.LP-Gas equipment for vaporization, gas mixing and gas manufacturing.
13.Temporary LP-Gas piping for buildings under construction or renovation that is not to become part of the permanent piping system.
14.Installation of LP-Gas systems for railroad switch heating.
15.Installation of LP-Gas and compressed natural gas (CNG) systems on vehicles.
16.Except as provided in Section 401.1.1 of the Fuel Gas Code, gas piping, meters, gas pressure regulators, and other appurtenances used by the serving gas supplier in the distribution of gas, other than undiluted LP-Gas.
17.Building design and construction, except as specified herein.
18.Piping systems for mixtures of gas and air within the flammable range with an operating pressure greater than 10 psig (69 kPa gauge).
19.Portable fuel cell appliances that are neither connected to a fixed piping system nor interconnected to a power grid.
101.4.2.4 Intent. The purpose of the Fuel Gas Code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of fuel gas systems.
101.4.3 D.C. Mechanical Code. The D.C. Mechanical Code (2013), hereinafter referred to as the “Mechanical Code,” shall consist of the 2012 edition of the International Mechanical Code (“International Mechanical Code”), as amended by the Construction Codes Supplement (12 DCMR E, Mechanical Code Supplement).
101.4.3.1 Appendices. Provisions in the appendices of the International Mechanical Code shall not apply unless specifically adopted in the Construction Codes Supplement.
101.4.3.2 Administration and Enforcement. Chapter 1 of the International Mechanical Code is deleted in its entirety. In its place, the provisions of 12 DCMR A, Chapter 1, shall apply to the Mechanical Code and are incorporated by this reference.
101.4.3.3 Scope. The provisions of the Mechanical Code shall regulate the design, installation, maintenance, alteration, and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. The Mechanical Code shall also regulate those mechanical systems, systems components, equipment and appliances specifically addressed therein. The installation of fuel gas distribution piping and equipment, fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be regulated by the Fuel Gas Code.
Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with separate means of egress and their accessory structures that comply with the Residential Code.
101.4.3.4 Intent. The purpose of the Mechanical Code is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of mechanical systems.
101.4.4 D.C. Plumbing Code. The D.C. Plumbing Code (2013), hereinafter referred to as the “Plumbing Code,” shall consist of the 2012 edition of the International Plumbing Code (“International Plumbing Code”), as amended by the Construction Codes Supplement (12 DCMR F, Plumbing Code Supplement).
101.4.4.1 Appendices. Provisions in the appendices of the International Plumbing Code shall not apply unless specifically adopted in the Construction Codes Supplement.
101.4.4.2 Administration and Enforcement. Chapter 1 of the International Plumbing Code is deleted in its entirety. In its place, the provisions of 12 DCMR A, Chapter 1, shall apply to the Plumbing Code and are incorporated by this reference.
101.4.4.3 Scope. The provisions of the Plumbing Code shall apply to the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing systems within this jurisdiction. The Plumbing Code shall also regulate non-flammable medical gas, inhalation anesthetic, vacuum piping, non-medical oxygen systems and sanitary and condensate vacuum collection systems. The design and installation of fuel gas distribution piping and equipment, fuel gas fired water heaters, and water heater venting systems shall be regulated by the Fuel Gas Code. The design and installation of chilled water piping in connection with refrigeration process and comfort cooling, and hot water piping in connection with building heating, shall conform to the requirements of the Mechanical Code. The design and installation of piping for fire sprinklers and standpipes shall conform to the requirements of the Building Code. Water and drainage connections to such installations shall be made in accordance with the requirements of the Plumbing Code.
Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with separate means of egress and their accessory structures that comply with the Residential Code.
101.4.4.4 Intent. The purpose of the Plumbing Code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of plumbing fixtures and systems.
101.4.5 D.C. Property Maintenance Code. The D.C. Property Maintenance Code (2013), hereinafter referred to as the “Property Maintenance Code,” shall consist of the 2012 edition of the International Property Maintenance Code (“International Property Maintenance Code”) as amended by the Construction Codes Supplement (12 DCMR G, Property Maintenance Code Supplement).
101.4.5.1 Appendices. Provisions in the appendices of the International Property Maintenance Code shall not apply unless specifically adopted in the Construction Codes Supplement.
101.4.5.2 Administration and Enforcement. Chapter 1 of the International Property Maintenance Code is deleted in its entirety. Administration and enforcement provisions for the Property Maintenance Code are set forth in 12 DCMR G, Chapter 1.
101.4.5.3 Scope. The provisions of the Property Maintenance Code shall apply to all existing residential and nonresidential structures and all existing premises, and shall constitute minimum requirements and standards for: premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises; and for administration, enforcement and penalties.
101.4.5.4 Intent. The purpose of the Property Maintenance Code is to ensure public health, safety and welfare in so far as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required therein.
101.4.6 D.C. Fire Code. The D.C. Fire Code (2013), hereinafter referred to as the “Fire Code,” shall consist of the 2012 edition of the International Fire Code (“International Fire Code”), as amended by the Construction Codes Supplement (12 DCMR H, Fire Code Supplement).
101.4.6.1 Appendices. Provisions in the appendices of the International Fire Code shall not apply unless specifically adopted in the Construction Codes Supplement.
101.4.6.2 Administration and Enforcement. Chapter 1 of the International Fire Code is deleted in its entirety. Administration and enforcement provisions for the Fire Code are set forth in 12 DCMR H, Chapter 1, provided, however, that the provisions of 12 DCMR A, Chapter 1, shall apply to the enforcement by the Director of the Department of Consumer and Regulatory Affairs, as set forth in Section 103.2 below, of all Fire Code provisions pertaining to approval, installation, design, modification, maintenance, testing, and inspection of all new and existing fire protection systems.
101.4.6.3 Scope. The provisions of the Fire Code shall establish regulations affecting or relating to structures, processes, premises and safeguards regarding: the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; conditions hazardous to life, property or public welfare in the occupancy of structures or premises; fire hazards in the structure or on the premises from occupancy or operation; and conditions affecting the safety of fire fighters and emergency responders during emergency operations
101.4.6.4 Intent. The purpose of the Fire Code is to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life, safety, and property protection from the hazards of fire, explosion, or dangerous conditions in new and existing buildings, other structures and premises, and to provide safety to fire fighters and emergency responders during emergency operations.
101.4.7 D.C. Energy Conservation Code. The D.C. Energy Conservation Code (2013), hereinafter referred to as the “Energy Conservation Code,” shall consist of the 2012 edition of the International Energy Conservation Code (“International Energy Conservation Code”), as amended by the Construction Codes Supplement (12 DCMR I, Energy Conservation Code Supplement).
101.4.7.1 Appendices. (The International Energy Conservation Code has no appendices.)
101.4.7.2 Administration and Enforcement. Chapter 1 [CE] and Chapter 1 [RE] of the International Energy Conservation Code are deleted in their entirety. In their place, the provisions of 12 DCMR A, Chapter 1, shall apply to the Energy Conservation Code and are incorporated by this reference.
101.4.7.3 Scope. The provisions of the Energy Conservation Code shall apply to residential and commercial buildings, the buildings’ sites, and associated systems and equipment.
101.4.7.4 Intent. The Energy Conservation Code shall regulate the design and construction of buildings for the effective use and conservation of energy over the useful life of each building. The Energy Conservation Code is intended to provide flexibility to permit the use of innovative approaches and techniques to achieve this objective. The Energy Conservation Code is not intended to abridge safety, health or environmental requirements contained in other applicable codes or ordinances.
101.4.7.5 Applicability.
101.4.7.5.1 Existing Buildings. Except as specified in 12 DCMR A, Chapter 1, the Energy Conservation Code shall not be used to require the removal, alteration or abandonment of, nor prevent the continued use and maintenance of, an existing building or building system lawfully in existence at the time of adoption of the Energy Conservation Code.
101.4.7.5.2 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 Register of Historic Places shall be exempt from the Energy Conservation Code, provided that the D.C. Historic Preservation Officer or the Keeper of the National Register of Historic Places certifies that compliance with the Energy Conservation Code will cause the loss of irretrievable historic components that may lead to the de-listing of the building or other structure.
101.4.7.5.3 Additions, Alterations, Renovations or Repairs. Additions, alterations, renovations or repairs to an existing building, building system or portion thereof shall conform to the provisions of the Energy Conservation Code as they relate to new construction without requiring the unaltered portion(s) of the existing building or building system to comply with this code. Additions, alterations, renovations or repairs shall not create an unsafe or hazardous condition or overload existing building systems. An addition shall be deemed to comply with the Energy Conservation Code if the addition alone complies, or if the existing building and addition comply with the Energy Conservation Code as a single building.
Exceptions: The following need not comply with the Energy Conservation Code provided the energy use of the building is not increased:
1.Storm windows installed over existing fenestration.
2.Glass-only replacements in an existing sash and frame.
3.Existing ceiling, wall or floor cavities exposed during construction provided that these cavities are filled with insulation.
4.Construction where the existing roof, wall or floor cavity is not exposed.
5.Reroofing for roofs where neither the sheathing nor the insulation is exposed. Roofs without insulation in the cavity and where the sheathing or insulation is exposed during reroofing shall be insulated either above or below the sheathing.
6.Replacement of existing doors that separate conditioned space from the exterior shall not require the installation of a vestibule or revolving door, provided, however, that an existing vestibule that separates a conditioned space from the exterior shall not be removed.
7.Alterations that replace less than 50 percent of the luminaires in a space, provided that such alterations do not increase the installed interior lighting power.
8.Alterations that replace only the bulb and ballast within the existing luminaires in a space, provided that the alterations do not increase the installed interior lighting power.
9.Alteration or replacement of exterior lighting systems provided that such alteration or replacement does not increase the installed exterior lighting power.
101.4.7.5.4 Change in Occupancy or Use. Spaces undergoing a change in occupancy that would result in an increase in demand for either fossil fuel or electrical energy shall comply with the Energy Conservation Code. Where the use in a space changes from one use in Table C405.5.2(1) or (2) to another use in Table C405.5.2(1) or (2), the installed lighting wattage shall comply with Section C405.5.
101.4.7.5.5 Change in Space Conditioning. Any nonconditioned space that is altered to become conditioned space shall be required to be brought into full compliance with the Energy Conservation Code.
101.4.7.5.6 Mixed Occupancy. Where a building includes both commercial and residential occupancies, each occupancy shall be separately considered and meet the applicable provisions of the Energy Conservation Code – Commercial Provisions or the Energy Conservation Code – Residential Provisions.
101.4.7.6 Compliance. Residential buildings shall meet the provisions of the Energy Conservation Code – Residential Provisions. Commercial buildings shall meet the provisions of the Energy Conservation Code – Commercial Provisions.
101.4.7.6.1 Compliance Materials. The code official shall be permitted to approve specific computer software, worksheets, compliance manuals and other similar materials that meet the intent of the Energy Conservation Code.
101.4.7.6.2 Low Energy Buildings. The following buildings, or portions thereof, separated from the remainder of the building by building thermal envelope assemblies complying with the Energy Conservation Code shall be exempt from the building thermal envelope provisions of the Energy Conservation Code:
1. Buildings, or portions thereof, with a peak design rate of energy usage less than 3.4 Btu/h • ft2 (10.7 W/m2) or 1.0 watt/ft2 (10.7 W/m2) of floor area for space conditioning purposes.
2. Buildings, or portions thereof, that do not contain conditioned space.
101.4.7.7 Alternate Materials – Method of Construction, Design or Insulating Systems. The Energy Conservation Code is not intended to prevent the use of any material, method of construction, design or insulating system not specifically prescribed herein; provided, that such construction, design or insulating system has been approved by the code official as meeting the intent of the Energy Conservation Code.
101.4.8 D.C. Existing Building Code. The D.C. Existing Building Code (2013), hereinafter referred to as the “Existing Building Code,” shall consist of the 2012 edition of the International Existing Building Code (“International Existing Building Code”), as amended by the Construction Codes Supplement (12 DCMR J, Existing Building Code Supplement).
101.4.8.1 Appendices. Provisions in the appendices of the International Existing Building Code shall not apply unless specifically adopted in the Construction Codes Supplement.
101.4.8.2 Administration and Enforcement. Chapter 1 of the International Existing Building Code is deleted in its entirety. In its place, the provisions of 12 DCMR A, Chapter 1, shall apply to the Existing Building Code and are incorporated by this reference.
101.4.8.3 Scope. The provisions of the Existing Building Code shall apply to the repair, alteration, change of occupancy, addition, or relocation of existing buildings.
101.4.8.4 Intent. The purpose of the Existing Building Code is to provide the code official with flexibility to permit the use of alternative approaches to achieve compliance with minimum requirements to safeguard the public health, safety, and welfare, insofar as they are affected by the repair, alteration, change of occupancy, addition or relocation of existing buildings.
101.4.9 D.C. Green Construction Code. The D.C. Green Construction Code (2013), hereinafter referred to as the “Green Construction Code,” shall consist of the 2012 edition of the International Green Construction Code (“International Green Construction Code”), as amended by the Construction Codes Supplement (12 DCMR K, Green Construction Code Supplement).
101.4.9.1 Appendices. Provisions in the appendices of the International Green Construction Code shall not apply unless specifically adopted in the Construction Codes Supplement.
101.4.9.2 Administration and Enforcement. Chapter 1 of the International Green Construction Code is deleted in its entirety. In its place, the provisions of 12 DCMR A, Chapter 1, shall apply to the Green Construction Code and are incorporated by this reference.
101.4.9.3 Scope. The provisions of the Green Construction Code shall apply to the construction, addition, alteration, relocation, razing, and demolition of every building or structure and appurtenances connected or attached to such buildings or structures and to the site on which the building is located except as otherwise provided in this Section 101.4.9.3 or in the Green Construction Code.
Exceptions:
- The Green Construction Code shall not apply to the following:
- Demolition or razing of a building or structure of less than 10,000 square feet (929m2 );
b. New construction and associated building site development, including construction of an addition to an existing building, of less than 10,000 square feet (929 m2);
c. Alteration of an existing building where the aggregate area of construction or renovation is less than 10,000 square feet; or
d. Relocation of structures of less than10,000 square feet (929 m2).
2. The Green Construction Code shall not apply to the following residential construction:
a. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height above grade plane with a separate means of egress, their accessory structures, and the site or lot upon which these buildings are located.
- Group R-3 residential buildings, their accessory structures, and the site or lot upon which these buildings are located.
- Group R-2 and R-4 residential buildings three stories or less in height above grade plane, their accessory structures, and the site or lot upon which these buildings are located.
3.The Green Construction Code shall not apply to equipment or systems that are used primarily for industrial or manufacturing.
4.The Green Construction Code shall not apply to temporary structures approved under Section 3103 of the Building Code.
5.Appendix A to the Green Construction Code shall not apply to alterations except for Level 3 alterations.
6.Commissioning in accordance with Section 611 and Chapter 9 of the Green Construction Code shall not apply to alterations except for Level 3 alterations and alterations of 50,000 square feet or greater.
101.4.9.3.1 Applicability to Alteration. Determination of whether the area threshold would be triggered by an alteration of an existing building shall be based upon the aggregate area affected by the alteration; the work area where the alteration is to take place shall be identified in the permit application. An alteration includes, but is not limited to, fit out of space in an existing building not previously built out and fit out of space following demolition of previously built out space in an existing building. Areas of an existing building beyond the work area of an alteration shall not be included to determine if the Green Construction Code would be applicable to the alteration. Notwithstanding a determination that the size of the work area of an alteration would subject the alteration to the provisions of the Green Construction Code, compliance with the Green Construction Code shall not be required for building areas, components and systems that are located outside of the affected work area of the alteration.
101.4.9.3.2 Applicability to Additions. Only the aggregate area of a proposed addition to an existing building shall be used to determine if the provisions of the Green Construction Code would be applicable to the work to be undertaken to construct the addition. The portion(s) of an existing building that would not be altered by the construction of the addition shall not be used to determine if the threshold for application of the Green Construction Code would be met. If the provisions of the Green Construction Code would be applicable to the construction of an addition, then only the work to be undertaken in the addition shall be subject to the provisions of the Green Construction Code; the portion(s) of an existing building, building components or building systems located outside of the addition are not required to be brought into compliance with the provisions of the Green Construction Code .
101.4.9.3.3 Existing Buildings. The Green Construction Code shall not be deemed to require the removal, alteration or abandonment of, nor prevent the continued use and maintenance of, an existing building, building system or building component lawfully in existence at the time of adoption of the Green Construction Code, unless within the work area of an alteration as defined in Section 101.4.9.3.1.
101.4.9.4. Alternative Compliance Paths. In lieu of the requirements of the Green Construction Code, projects that (a) are covered by the Green Building Act of 2006, effective March 8, 2007 (D.C. Law 16-234; D.C. Official Code § 6-1451.05 (2013 Supp.)), as amended (Green Building Act) and comply with the requirements set forth in Section 101.4.9.4.1; or (b) are not covered by the Green Building Act and comply with one of the four alternative compliance paths set forth in Section 101.4.9.4.2, shall be deemed to comply with the Green Construction Code.
101.4.9.4.1 Projects Subject to the Green Building Act. Where a project is subject to the Green Building Act, and the project complies with the provisions of the Green Building Act and the regulations promulgated thereunder set forth in Section 302 of the Green Construction Code, the project shall be deemed to comply with the Green Construction Code.
101.4.9.4.2 Projects Not Subject to the Green Building Act. Where a project is not subject to the Green Building Act, but complies with the requirements of Sections 101.4.9.4.2.1, 101.4.9.4.2.2, 101.4.9.4.2.3, or 101.4.9.4.2.4 the project shall be deemed to comply with the Green Construction Code.
101.4.9.4.2.1 Compliance Utilizing ASHRAE 189.1. Projects designed, constructed and verified to be in compliance with the applicable requirements of ANSI/ASHRAE/USGBC/IES Standard 189.1, Standard for the Design of High Performance Green Buildings Except Low-Rise Residential Buildings (“ASHRAE 189.1”), as adopted and amended by Section 303 of the Green Construction Code, shall be deemed to comply with the Green Construction Code.
101.4.9.4.2.2 Compliance Utilizing LEED. Projects designed, constructed and certified to be in compliance with one or more of the U.S. Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) standards listed in Chapter 35 at the Certified Level or higher shall be deemed to comply with the Green Construction Code. The owner shall have a 12-month period from the date of issuance for the project of the certificate of occupancy, or the first certificate of occupancy for occupiable space in a story above grade plane where a project has multiple certificates of occupancy, to submit evidence of LEED certification to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification.
101.4.9.4.2.3 Compliance Utilizing Green Communities. Affordable housing in Group R-2 occupancies designed, constructed and certified to be in compliance with the Enterprise Community Partners standard listed in Chapter 35 shall be deemed to comply with the Green Construction Code. The owner shall have a 12-month period from the date of issuance for the Group R-2 occupancy of the certificate of occupancy, or the first certificate of occupancy for occupiable space in a story above grade plane where a project has multiple certificates of occupancy, to submit certification of compliance with the applicable Enterprise Community Partners standard to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification. Affordable housing for the purpose of this section shall consist of projects eligible for certification by Enterprise Community Partners or as otherwise defined by the code official.
101.4.9.4.2.4 Compliance Utilizing National Green Building Standard (ICC 700). Group R-2 occupancies designed, constructed and certified to be in compliance with (a) the National Green Building Standard, ICC 700, listed in Chapter 35, at the bronze level or higher; and (b) the EPA’s Energy Star New Homes Program or Multifamily High Rise Program, as applicable, listed in Chapter 35 shall be deemed to comply with the Green Construction Code. The owner shall have a 12-month period from the date of issuance for the Group R-2 occupancy of the certificate of occupancy, or the first certificate of occupancy for occupiable space in a story above grade plane where a project has multiple certificates of occupancy, to submit evidence of certification to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification.
101.4.9.5 Intent. The Green Construction Code is intended to safeguard the environment, public health, safety and general welfare through the establishment of requirements to reduce the negative impacts and increase the positive impacts of the built environment on the natural environment and building occupants. This code is not intended to abridge or supersede safety, health or environmental requirements under other applicable codes or ordinances.
101.4.10 D.C. Swimming Pool and Spa Code. The D.C. Swimming Pool and Spa Code (2013), hereinafter referred to as the “Swimming Pool and Spa Code,” shall consist of the 2012 edition of the International Swimming Pool and Spa Code (“International Swimming Pool and Spa Code”), as amended by the Construction Codes Supplement (12 DCMR L, Swimming Pool and Spa Code Supplement).
101.4.10.1 Appendices. Provisions in the appendices of the International Swimming Pool and Spa Code shall not apply unless specifically adopted in the Construction Codes Supplement.
101.4.10.2 Administration and Enforcement. Chapter 1 of the International Swimming Pool and Spa Code is deleted in its entirety. In its place, the provisions of 12 DCMR A, Chapter 1, shall apply to the Swimming Pool and Spa Code and are incorporated by this reference.
101.4.10.3 Scope. The provisions of the Swimming Pool and Spa Code shall apply to the construction, alteration, movement, renovation, replacement, repair and maintenance of aquatic vessels.
101.4.10.4 Intent. The purpose of the Swimming Pool and Spa Code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location and maintenance or use of aquatic vessels.
101.4.10.5 Applicability. Any aquatic vessel and related mechanical, electrical and plumbing systems lawfully in existence at the time of the adoption of the Swimming Pool and Spa Code shall be permitted to have their use and maintenance continued if the use, maintenance or repair is in accordance with the original design and no hazard to life, health or property is created.
101.4.10.5.1 Moved Aquatic Vessels. Unless covered by Section 101.4.10.5, systems that are a part of aquatic vessels or systems moved into or within the District of Columbia shall comply with the provisions of the Swimming Pool and Spa Code for new installations.
101.4.10.6 Other Requirements. Owners and operators of swimming pools and spas shall also comply with other agency requirements including the Department of Health (DOH) regulations set forth in 25-C DCMR, Chapter 64, and District Department of the Environment (DDOE) regulations set forth in 21 DCMR, Chapter 5.
101.5 Jurisdiction. The Construction Codes shall apply to premises, including any buildings or other structures, within the limits of the District of Columbia, including premises, buildings and other structures owned, occupied or controlled by the government of the District of Columbia or any of its independent agencies.
101.5.1 Exemption from Jurisdiction. The Construction Codes shall not apply to public premises, including any buildings or other structures, owned by the United States government, including appurtenant structures and portions of premises, buildings, or other structures, which are under the exclusive control of an officer of the United States government in his or her official capacity.
Exception: Where a permit is required for major substantial improvement activities (as defined in 21 DCMR Chapter 5) or land-disturbing activities involving the implementation of stormwater management, erosion and sediment control, or floodplain management measures, and to the extent required by 21 DCMR Chapter 5; 20 DCMR Chapter 31; or the Soil Erosion and Sedimentation Control Amendment Act of 1994, effective August 26, 1994 (D.C. Law 10-166; D.C. Official Code § 6-1403 (2012 Repl.)).
101.5.1.1 Exclusive Control. If a lessor is responsible for maintenance and repairs to property leased to the United States government, the property shall not be deemed to be under the exclusive control of an officer of the United States government. If the underlying real property is owned by the United States government, but leased to private parties for development pursuant to a long-term ground lease or comparable property interest, the property shall not be deemed to be under the exclusive control of an officer of the United States government for purposes of this exemption.
101.5.2 Foreign Missions. The Construction Codes shall apply to those buildings occupied by or for any foreign government as an embassy or chancery to the extent provided for in Section 206 of the Foreign Missions Act, approved August 24, 1982 (96 Stat. 286; D.C. Official Code § 6-1306(g) (2012 Repl.)), that is, foreign missions shall substantially comply with the Construction Codes as required by the U.S. Secretary of State in a manner determined by the Secretary not to be inconsistent with the international obligations of the United States. Notwithstanding the foregoing, a permit shall be required for all land-disturbing activities or major substantial improvement activities as defined by 21 DCMR Chapter 5.
101.5.3 President or Vice President’s Residence. No permit required under the Construction Codes shall be issued if it is determined by the code official, defined in Section 103.1 of the Building Code, that:
1. The permit affects an area in close proximity to the official residence of the President or Vice President of the United States; and
2. The United States Secret Service has established that the issuance of the permit would adversely impact the safety and security of the President or the Vice President of the United States.
101.5.4 Structures Located in or Adjacent to Rivers or Bodies of Water. The Construction Codes shall apply to structures, including, but not limited to, piers, wharves, jetties, slips, boat storage facilities, marinas, and pilings, located in or adjacent to any river or body of water within the limits of the District of Columbia. Notwithstanding the foregoing, work affecting navigable waters may also require a permit from the U.S. Army Corps of Engineers pursuant to the Rivers and Harbors Appropriation Act of 1899, effective March 3, 1899 (30 Stat. 1151; 33 U.S.C. § 401 (2007)).