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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-A104. DUTIES AND POWERS OF BUILDING OFFICIALS
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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:
104.1 General. The code official is hereby authorized and directed to enforce the provisions of the Construction Codes. The code official shall have the authority to render interpretations of the Construction Codes 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 Construction Codes. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in the Construction Codes.
104.1.1 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.
104.2 Applications and Permits. The code official shall receive applications, review submittal documents, and issue permits and certificates authorized by the Construction Codes; and enforce compliance with the provisions of the Construction Codes.
104.3 Notices and Orders. The code official shall issue all necessary notices or orders to ensure compliance with the Construction Codes, and shall institute administrative and legal actions to correct violations or infractions, including actions pursuant to An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, and for other purposes, approved April 14, 1906 (34 Stat. 114; D.C. Official Code § 42-3131.01 et seq. (2012 Repl.)), and the Due Process Demolition Act of 2002, effective April 19, 2002 (D.C. Law 14-114; D.C. Official Code § 42-3171.01 et seq. (2012 Repl.)).
104.4 Inspections. The code official is authorized to inspect the premises for which a permit or certificate has been issued, and shall make all of the required inspections. The code official shall have authority to accept reports of inspection by approved agencies. The code official is authorized to engage such expert opinion as is deemed necessary to report upon unusual technical issues that arise.
104.5 Identification. The code official, and authorized representatives of the code official, shall carry proper credentials when inspecting premises, including any buildings or other structures, in the performance of their duties under the Construction Codes.
104.6 Right of Entry. The code official, in the performance of his or her duties, shall have the right to enter any unoccupied building; any building under construction, alteration, or repair; any building being razed or moved; any premises, including any building or other structure which he or she has reason to believe to be unsafe or a menace to life or limb; or any building, the use of which may require the issuance of a license or a certificate of occupancy. With respect to the inspection of any occupied habitable portion of any building, consent to such inspection shall first be obtained from any person of suitable age and discretion therein, except that if an acute emergency occurs and immediate steps must be taken to protect the public, such consent need not be obtained. When attempting to gain entrance for inspection, the code official, and authorized representatives of the code official, shall show official credentials issued by the Department. If entry is refused, the code official is authorized to apply to the Superior Court for an administrative search warrant, pursuant to D.C. Official Code §§ 42-3131.02 and 42-3509.08 and Sup. Ct. Civ. R. 204.
104.7 Department Records. The code official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records of the Department for the period required for retention of public records.
104.8 Relief from Personal Liability. Unless otherwise provided by Federal or District of Columbia law, the code official and any officials or employees of the Department charged with enforcement of the Construction Codes acting in their official capacity shall not be liable personally, and are relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of their official duties.
104.8.1 Defense of Suits. Any suit instituted against the code official or any official or employee of the Department because of an act performed in the discharge of official duties and under the provisions of the Construction Codes, or by reason of any act or omission while performing official duties in connection with the Construction Codes, shall be defended by the Office of the Attorney General for the District of Columbia until the final termination of legal proceedings.
104.8.2 Liability for Costs. The code official and any official or employee of the Department shall not be personally liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of the Construction Codes.
104.8.3 Liability for Acts or Omissions. Any official or employee of the Department, acting in good faith and without malice, shall be free from liability for acts performed under the provisions of the Construction Codes, or by reason of any act or omission while performing official duties in connection with the Construction Codes.
104.9 Approved Materials, Equipment and Devices. All materials, equipment and devices approved for use by the code official shall be constructed and installed in accordance with such approval.
104.9.1 Used Materials, Equipment and Devices. The use of used materials which meet the requirements of the Construction Codes for new materials is permitted. Used equipment and devices shall not be reused unless approved by the code official.
104.9.2 Unlabeled Products. Where materials, assemblies or products are required by the Construction Codes to be labeled, those materials, assemblies or products which are not labeled, listed or classified by an approved testing agency and which are proposed to be installed in the District of Columbia, shall be tested and labeled by an approved testing laboratory or shall be approved in accordance with Sections 1701 and 1703 of the Building Code at the expense of the applicant, before a permit can be granted for this installation.
104.9.3 Assembled Components. Any mechanical or electrical appliance which is not labeled, listed or classified by an approved testing agency, which is an assembly of individually labeled or listed subassemblies or components and which is proposed to be installed in the District of Columbia, shall be tested and approved in accordance with Section 104.9.2 of the Building Code, before a permit can be granted for its installation.
104.9.4 Modular Structures. Before erecting or installing in the District of Columbia any factory assembled structure, manufactured at a remote site and transported in one or more sections, a complete set of drawings shall be submitted for review prior to the issuance of a building permit. These drawings shall include a certificate of approval by a factory inspection agency that has been approved by the code official. The drawings shall be submitted to the code official for plan review and permitting and shall include a set of the manufacturer’s installation specifications and designate the applicable portions of construction that are required to have field inspection by the code official, including all utility connections, the marriage line connections and the foundation plate nailing patterns. These drawings shall be stamped by a structural engineer or architect licensed in the District of Columbia, and include the site constructed or assembled foundation system details and specifications. Separate permits issued by the Department for plumbing, mechanical, and electrical connections shall be required. Inspections of all work conducted on site shall be in accordance with Section 109. Prior to placement of the factory assembled structure on a footing and foundation, all required footing and foundation inspections shall require approval by the code official, including the footing drains and any required waterproofing.
104.9.4.1 Additional Requirements for Manufactured Homes in Special Flood Hazard Areas. Manufactured Homes in Special Flood Hazard Areas shall also comply with the requirements of Section 3107 of Title 20 DCMR. New and replacement manufactured homes to be located in flood hazard areas as established in Table R301.2(1) of the Residential Code are also required to meet the applicable requirements of Section R322 of the Residential Code.
109.4.2 Recreational Vehicles in Special Flood Hazard Areas. If a recreational vehicle is placed in a Special Flood Hazard Area for 180 or more consecutive days and such recreation vehicle is not ready for highway use, a permit shall be obtained from the Department pursuant to Section 105 and shall comply with the Floodplain Management Regulations.
104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of the Construction Codes, the code official shall have the authority to grant modifications for individual cases upon application of the owner or owner’s representative; provided, that the code official shall first find that special individual reasons make the strict letter of the Construction Codes impractical, that the modification is in compliance with the intent and purpose of the Construction Codes, and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of the action granting modification shall be recorded and entered in the appropriate files of the Department. The code official may seek the opinion of the Office of the Attorney General for the District of Columbia when deemed necessary for the requested modification.
104.10.1 Flood hazard areas. The code official shall not grant modifications to any provision required in flood hazard areas as established by Section 1612.3 unless a determination has been made that:
1. A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section 1612 inappropriate.
2. A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable.
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.
4. A determination that the variance is the minimum necessary to afford relief, considering the flood hazard.
5. Submission to the applicant of written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property.
104.10.2 Procedure for Modifications. The application for modification shall be submitted on a form provided by the Department and sealed by the registered design professional if applicable. The final decision of the code official shall be in writing and shall be officially recorded with the application for permit in the permanent records of the Department.
104.10.3 Improper Procedure. Any verbal waiver or verbal permission to deviate from or violate any provision of the Construction Codes is null and void.
104.10.4 Floodplain Management Regulations. The Floodplain Management Regulations shall apply to all proposed development in Special Flood Hazard Areas.
104.10.4.1 Incorporation of Flood Hazard Rules By Reference. The Flood Hazard Rules contain certain provisions, including, but not limited to, Sections 3102.3, 3103, 3104, 3106, 3107 and 3108 of Title 20 DCMR, that apply to the design and construction of buildings and structures in Special Flood Hazard Areas. These provisions are intended to be administered and enforced by the Department. To facilitate this administration and enforcement, those provisions of the Flood Hazard Rules that apply to the design and construction of buildings and structures in a Special Flood Hazard Area are incorporated into and become a part of the Construction Codes by this reference.
104.10.4.2 Variances. Requests for a variance from the Flood Hazard Rules shall be granted pursuant to and in accordance with Section 3108 of Title 20 DCMR.
104.11 Alternative Materials, Equipment, Methods of Construction and Design. The provisions of the Construction Codes are not intended to prevent the use of any material, equipment or method of construction not specifically prescribed by the Construction Codes, provided any such alternative has been approved by the Department. Alternative materials, equipment or methods of construction shall be approved when the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of the Construction Codes, and that the material, equipment or method offered is, for the purpose intended, at least the equivalent of that prescribed in the Construction Codes in quality, strength, effectiveness, fire-resistance, durability and safety. Approvals shall conform to Sections 1701 and 1703 of the Building Code.
104.11.1 Research Reports. Supporting data, where necessary to assist in the approval of materials, equipment or methods of construction not specifically provided for in the Construction Codes shall consist of valid research reports from sources approved by the code official.
104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of the Construction Codes, or evidence that a material, equipment or method of construction does not conform to the requirements of the Construction Codes, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests as evidence of compliance to be made at no expense to the government of the District of Columbia. Test methods shall be specified in the Construction Codes or by other recognized and accepted test standards in the industry. In the absence of recognized and accepted test methods, the code official is authorized to approve appropriate testing procedures. Tests shall be performed by an agency approved by the code official. Reports of such tests shall be retained by the code official for the period required for retention of public records.
104.12 Reasonable Accommodation Under the Fair Housing Act. Requests for reasonable accommodation under the Fair Housing Act, 42 U.S.C. § 3604(f)(3)(B), as amended, shall be made according to the procedures set forth in 14 DCMR § 111.