Section 12-A102. APPLICABILITY

Strike Chapter 1 of the International Building Code in its entirety and insert the following in its place to read as follows:

 

102.1 General.  The provisions of these regulations shall cover all matters affecting or relating to buildings, other structures, and systems as set forth in Section 101.  A building or other structure shall not be constructed, maintained, extended, repaired, removed or altered in violation of these provisions.

 

Exception:  The raising, lowering, or moving of a building or other structure as a unit, necessitated by a change in legal grade or widening of a street, shall be permitted provided that the building or other structure is not otherwise altered, that its use or occupancy is not changed, and that the building or other structure complies with the code provisions originally applicable to the building or other structure.

 

102.1.1 Code Precedence.  Unless otherwise provided herein, or in the Construction Codes Act, the Construction Codes Supplement shall take precedence over the International Codes, including standards and amendments.  

 

No provision of the Construction Codes shall be deemed to modify or amend any provision of the Zoning Regulations of the District of Columbia (11 DCMR), as amended, or any relief granted or order issued pursuant thereto (collectively, the “Zoning Regulations”), nor shall any provision of those Zoning Regulations be deemed to modify or amend any provision of the Construction Codes.  Where a provision of the Construction Codes is deemed to be in conflict with any provision of the Zoning Regulations, then a waiver of the applicable provision of the Construction Codes must be sought from the code official or there must be relief granted pursuant to the applicable provisions of the Zoning Regulations.

 

102.1.2 Conflicts.  Where, in any specific case, different sections of the Construction Codes specify different materials, methods of construction or other requirements, the most restrictive shall govern.  When there is a conflict between a general requirement and a specific requirement within the Construction Codes, the specific requirement shall be applicable.

 

102.2 Performance of Work in Public Space. Work performed in a public space, not specifically addressed in the Construction Codes, shall conform to the pertinent standards of the District of Columbia Department of Transportation (DDOT) and of the District of Columbia Water and Sewer Authority (DC Water).

 

102.3 Application of References. Unless otherwise specifically provided in the Construction Codes, all references to article or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such article, section or provision of the Construction Codes.

 

102.4 Referenced Standards.  The standards referenced in the Construction Codes and listed in Chapter 35 of the International Building Code, in Chapter 44 of the International Residential Code, in Annex A of the National Electrical Code, in Chapter 8 of the International Fuel Gas Code, in Chapter 15 of the International Mechanical Code, in Chapter 13 of the International Plumbing Code, in Chapter 8 of the International Property Maintenance Code, in Chapter 80 of the International Fire Code, in Chapters 5[RE] and 5[CE] of the International Energy Conservation Code, in Chapter 16 of the International Existing Building Code, in Chapter 12 of the International Green Construction Code, and in Chapter 11 of the International Swimming Pool and Spa Code shall be considered a part of the requirements of the Construction Codes to the prescribed extent of each such reference.

 

102.4.1 Conflicts.  If conflict arises between the provisions of the Construction Codes Act and the Construction Codes Supplement, the International Codes, or their referenced standards, the provisions of the Construction Codes Act shall take precedence.  If conflict arises between the Construction Codes Supplement, the International Codes, and their referenced standards:

 

1. The provisions of the Construction Codes Supplement shall take precedence over the International Codes and their referenced standards.

 

2.The provisions of the International Codes, other than their referenced standards, shall take precedence over their referenced standards.

 

102.5 Severability.  If any part or provision of the Construction Codes is held illegal or void, this shall not make void or illegal any other parts or provisions of the Construction Codes, which shall be determined to be legal. It shall be presumed that the Construction Codes would have been enacted and adopted without such illegal or void parts or provisions.

 

102.5.1 Severance of Invalid Provisions.  Any illegal or void part of the Construction Codes shall be severed from the remainder of the Construction Codes by the court holding such part illegal or void, and the remainder of the Construction Codes shall remain effective.

 

102.5.2 Decisions Involving Existing Structures.  The invalidity of any provision in any section of the Construction Codes as applied to existing buildings and other structures shall not be held to affect the validity of such section in its application to buildings and other structures erected after the effective date of the Construction Codes.

 

102.6 Continuation of Legal Use and Occupancy.  The legal use and occupancy of any structure existing on the effective date of the Construction Codes, or for which a permit has already been approved, shall be permitted to continue without change.

 

Exceptions:

 

1. Provisions of the Building Code, the Property Maintenance Code, or the Fire Code that are specifically required to be applied retroactively.

 

2. Provisions of the Construction Codes deemed necessary by the code official, as defined in Section 103.1 of the Building Code, for the general safety, health and welfare of the occupants and the public.

 

102.7 Continuation of Unlawful Use.  The continuation of occupancy or use of a building or other structure, or of a part thereof, contrary to the provisions of the Construction Codes or to the provisions of the Zoning Regulations, shall be deemed a violation or infraction under Section 113 of the Building Code. The code official, as defined in Section 103.1 of the Building Code, is authorized to issue a notice of violation and order requiring discontinuance of the use or occupancy pursuant to Section 113 of the Building Code, and the owner or other violator shall be subject to the penalties or fines prescribed in Section 113 of the Building Code.

 

 

authority

Section 10 of the Construction Codes Approval and Amendments Act of 1986 (Act), effective March 21, 1987 (D.C. Law 6-216; D.C. Official Code § 6-1409 (2012 Repl.)) and Mayor’s Order 2009-22, dated February 25, 2009, as amended.

source

Final Rulemaking published at 61 DCR 2782 (March 28, 2014 – Part 2).

EditorNote

The District of Columbia Building Code (2013), referred to as the “Building Code,” consists of the 2012 edition of the International Building Code as amended by the District of Columbia Building Code Supplement (2013)(12 DCMR A). The International Building Code is copyrighted by the International Code Council and therefore is not republished here. However, a copy of the text may be obtained at:http://publicecodes.cyberregs.com/icod/ibc/2012/index.htm?bu=IC-P-2012-000001&bu2=IC-P-2012-000019.