 |
D.C. Municipal Regulations (Last Updated: September 13, 2017) |
 |
Title 12. CONSTRUCTION CODES SUPPLEMENT OF 2013 |
|
SubTilte 12-A. BUILDING CODE SUPPLEMENT OF 2013 |
|
Chapter 12-A1. ADMINISTRATION AND ENFORCEMENT |
Section 12-A105. PERMITS
-
Strike Chapter 1 of the International Building Code in its entirety and insert the following in its place to read as follows:
105.1 Required Permits. Depending on the scope of work, an owner or authorized agent who intends to undertake any of the activities set forth in items 1 through 4 below, or to cause any such work to be done, shall first make application to the code official and obtain the required permit(s) relevant to the intended work:
- Construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or other structure; or
- Erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by the Construction Codes, or to cause any such work to be done; or
- Install tower cranes or other similar hoisting devices on public space or private property; or
- Undertake any other activity regulated by the Construction Codes.
105.1.1 Classification of Permits. For the purposes of the Construction Codes, permits issued by the Department shall be classified as follows:
1. Building permits.
2. Raze permits.
3. Trade permits:
3.1. Electrical;
3.2.Gas;
3.3.Mechanical;
3.4. Plumbing;
3.5.Elevators and conveying systems;
3.6. Boilers.
4. Sign permits (subject to Sections 105.1.11 and 3107).
5. Foundation and earthwork permits.
6. Miscellaneous permits.
6.1. Projection permits;
6.2.Crane and derrick permits;
6.3.After-hours permits;
6.4. Other activities as may be determined by the code official, and set forth by the Department in administrative bulletins.
105.1.2 Permitted Construction Hours. Authorized construction hours permitted in the District of Columbia, for work conducted under a permit, are from 7 a.m. to 7 p.m. Mondays through Saturdays, excluding legal holidays.
105.1.3 After Hours Permit. Any request to work pursuant to a permit beyond permitted construction hours shall be made by application to the code official and shall be subject to noise regulations set forth in 20 DCMR. No after-hours permit shall be issued for work in an area zoned “residential” under the Zoning Regulations then in effect, or in an area within 500 feet (152 400 mm) of such residential zone, or within 500 feet (152 400 mm) of a building with sleeping quarters, unless the code official determines that not issuing such permit would pose a threat to public safety, health and welfare.
105.1.4 Establishment of Special Flood Hazard Areas. The District of Columbia has established a Special Flood Hazard Area, as delineated on the Federal Emergency Management Agency’s Flood Insurance Rate Map and adopted by the District at 20 DCMR § 3101.2. For purposes only of this subsection and 20 DCMR Chapter 31, “development,” as defined in 20 DCMR § 3199.1, shall mean any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, streets and other paving, utilities, filing, grading, excavation, mining, dredging, drilling operations, storage of equipment or materials, and the subdivision of land.
105.1.5 Annual Permit. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the code official is authorized, upon application therefore, to issue an annual permit allowing alterations to such installations to any person, firm or corporation regularly employing one or more qualified tradespersons in the building, other structure or on the premises owned or operated by the applicant for the permit.
105.1.5.1 Annual Permit Records. The person or entity to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The code official shall have access to such records at all times or such records shall be filed with the code official as designated.
105.1.6 Licensing Requirements. Electrical, mechanical, plumbing, elevator and fuel work requiring a permit shall be performed, as applicable, by a licensed electrician, plumber, gas-fitter, elevator mechanic, elevator contractor and/or refrigeration and air-conditioning mechanic licensed pursuant to D.C. Official Code §§ 47- 2853.01 et seq. (2012 Repl.).
105.1.7 Raze Permits. Before a raze permit is issued, the owner of the building or other structure to be razed, or the owner’s agent, shall post and maintain a notice furnished by the code official on the façade fronting on the public street of the building or other structure as designated by the code official, so as to be visible from the public way. The raze permit shall not be issued by the code official until at least 30 days after the date the notice is posted on the building or other structure. This notification requirement shall not apply to any emergency raze ordered by the code official. Violations of this subsection shall be deemed a Class 3 infraction pursuant to 16 DCMR § 3200.
105.1.7.1 Other Requirements. Prior to issuing a raze permit, the code official is authorized to require the applicant to submit clearances and/or information, including, but not limited to, asbestos removal, utility disconnects, grading plans, and historic preservation, and to provide notification to adjoining property owners where party walls are involved.
105.1.7.2 Fee. The applicant for a raze permit shall pay a fee for the furnishing of the notice required under Section 105.1.7 in accordance with the applicable fee schedule published in the D.C. Register, as amended from time to time.
105.1.8 Emergency Work. When necessary to make emergency repairs or replacements to buildings, other structures or systems, an application for a permit to cover all emergency work shall be submitted no later than the first business day following the performance of such emergency work.
105.1.9 Posting of Permit. The permit, or a copy thereof, shall be kept on the work site and conspicuously displayed at a location visible from the street until the completion of the project. Public information deemed relevant by the code official for all permits issued by the Department shall be published on the Department’s website.
105.1.10 Grounds for Permit Denial. The code official is authorized to deny permits pursuant to D.C. Official Code § 6-1408.01 (2012 Repl.).
105.1.11 Signs. To the extent that the code official is designated as the permitting and enforcement official for signs, pursuant to any District of Columbia laws and regulations, including, but not limited to, the Sign Regulation Emergency Amendment Act of 2012, enacted July 11, 2012 (D.C. Act 19-387; 59 DCR 8491), any substantially similar successor legislation; Section 1 of An Act to regulate the erection, hanging, placing, painting, display, and maintenance of outdoor signs and other forms of exterior advertising within the District of Columbia, approved March 3, 1931 (46 Stat. 1486; D.C. Official Code § 1-303.21 (2012 Repl.), and Mayor’s Order 2011-181, dated October 31, 2011 (“Sign Legislation”), the duties and powers of the code official shall be governed by (a) Chapter 1, 12 DCMR A and (b) Chapter 1, 12 DCMR G, including, but, not limited to, the code official’s authority to receive applications, to review submittal documents and issue permits, to institute administrative and legal actions to correct violations or infractions, and to inspect premises.
105.1.11.1 Applicable Requirements. Signs shall be designed, constructed and maintained in accordance with the requirements of Title 12 of the DCMR, including, but not limited to, Appendix N to the Building Code Supplement which is hereby expressly adopted and incorporated by reference, and the Property Maintenance Code, until such time as the District of Columbia adopts superseding regulations pursuant to the Sign Legislation.
105.1.12 Stormwater Management and Erosion and Sediment Control. A permit shall not be issued for a major substantial improvement activity (as defined by 21 DCMR Chapter 5) or a land-disturbing activity regulated by 21 DCMR Chapter 5, until the submitted plans reflect the pertinent features approved by the official charged with the administration and enforcement of 21 DCMR Chapter 5, and the requirements of D.C. Law 5-188, Water Pollution Control Act of 1984, as amended.
105.2 Work Exempted from Permit. This Section 105.2 sets forth exemptions from permit requirements, subject to historic and Special Flood Hazard Area restrictions set forth in Sections 105.2.5 and 105.2.6 respectively. Exemptions from permit requirements of the Construction Codes shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the Construction Codes or of any other laws, regulations or ordinances of the District of Columbia.
Building:
1.Brick pointing.
2.Caulking, patching and plaster repair of non-rated assemblies.
3.Installation of window screens and storm windows.
4.Repair in kind of existing fences.
5.Painting other than fire-retardant paint.
6.Papering, tiling, carpeting, floor covering, cabinets, countertops and similar finish work.
7.Replacement in kind of one of the items listed hereafter. For the purpose of this section, “replacement in kind”, means replacement with a feature of like material that replicates the existing feature in proportion, appearance, texture, design, detail and dimensions.
7.1.Roofing and coping.
7.2.Siding.
7.3.Gutters and downspouts and fascia.
7.4.Private sidewalks and driveways.
7.5.Patios
7.6.Non-rated suspended ceiling tile.
7.7.Not more than 160 square feet (14.9 m2) of gypsum board excluding installation of fire-rated gypsum wall board or shaft liner.
8. A single garden storage shed that does not exceed 50 square feet (4.65 m2) in area, is less than ten feet (3048 mm) in overall height, is an accessory structure to a building of Use Group R-3 or to a building under the jurisdiction of the Residential Code, and is erected on a lot with no other exempted storage shed.
9. Prefabricated pools, accessory to a Use Group R-3 occupancy, or accessory to buildings under the jurisdiction of the Residential Code, which are less than 24 inches (610 mm) deep, do not exceed 1000 gallons (3785.41L), are installed entirely above ground and are not designed or manufactured to be connected to a circulation system.
10. Retaining walls that are not over four feet (1219 mm) in height, measured from the bottom of the footing to the top of the wall, for one and two family dwellings only where the area of land disturbance is less than 50 square feet (4.65 m2).
11. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
12. Swings and other playground equipment accessory to one- and two-family dwellings.
13. Movable fixtures, cases, racks, counters and partitions not over five feet nine inches (1753 mm) in height.
14. A one-story mausoleum not exceeding 250 square feet (23 m2) in footprint area provided the mausoleum (a) is of Type I or II construction; (b) does not contain any habitable space; and (c) does not require any utility connections. Notwithstanding the applicability of this permit exemption, the person undertaking the proposed work shall comply with applicable requirements of the U.S. Commission of Fine Arts (Shipstead-Luce Act of 1930, Public Law 71-231 and Public Law 76-248; Old Georgetown Act of 1950, Public Law 81-808), and the Department of Energy and the Environment (Stormwater Management, Soil Erosion and Sediment Control, 21 DCMR Chapter 5).
Electrical:
1.Repair portable electrical equipment.
2.Repair lighting fixtures.
3.Repair or replace ballasts, sockets, receptacles, or snap switches.
4.Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles, and other minor repairs at existing outlets.
5.Electrical equipment used for radio and television transmissions; however, a permit is required for equipment and wiring for a power supply and the installations of towers and antennas.
6.Listed cord-and-plug connected temporary decorative lighting.
7.Reinstallation of plug receptacles but not the outlets thereof.
8.Replacement of branch circuit overcurrent devices of the required capacity in the same location.
9.Installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.
Gas:
1.Portable heating, cooking or clothes drying appliances.
2.Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
3.Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Mechanical:
1. Portable heating appliances.
2. Portable ventilation appliances.
3. Portable cooling units.
4. Steam, hot or chilled water piping within any heating or cooling equipment or appliances regulated by the Construction Codes.
- Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
- Portable evaporative coolers.
- Self-contained refrigerating systems containing 10 pounds (5 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less.
- Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Plumbing:
- The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drainage, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in the Construction Codes.
- The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.
- Repair or replacement of water meters performed by DC Water.
105.2.1 [Reserved].
105.2.2 Ordinary Repairs. Permits are not required for ordinary repairs to buildings, other structures or equipment. Ordinary repairs shall not include:
- The cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; or
- Addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
105.2.3 Public Service Agencies. A permit shall not be required under the Construction Codes for the installation, alteration or repair of equipment and facilities used for generation, transmission, distribution, metering or treatment that is under the ownership or control of public service agencies subject to the jurisdiction of the Public Services Commission or DC Water.
Exception: A permit shall be required for all projects involving land-disturbing activities or major substantial improvement activities as defined in 21 DCMR Chapter 5, and for all work described in Section 105.2.5.
105.2.4 [Reserved].
105.2.5 Permit Exemptions Not Applicable in Historic Districts or to Historically Designated Structures. When the proposed scope of work would qualify to be exempted from permit pursuant to Section 105.2 of this chapter, and the work is to occur on the land of or the exterior of buildings or other structures located in historic districts, or of historically designated buildings or other structures, an application for a building permit pursuant to Section 105.1 shall be required for the following work described in Section 105.2 Building: 1. Brick pointing; 4. Repair or replacement of fences, except as deemed an ordinary repair; 5. Painting of unpainted exterior masonry at a landmark property; 7. Replacement in kind, except of interior ceiling tile and gypsum board; 8. Garden storage shed; 9. Prefabricated pools; and 10. Retaining walls.
105.2.6 Permit Exemptions Not Applicable in Special Flood Hazard Areas. When the proposed scope of work would qualify to be exempted from permit requirements pursuant to Section 105.2 of this chapter, and the work is to occur on land designated as a Special Flood Hazard Area on the Federal Emergency Management Agency’s Flood Insurance Rate Map for the District (20 DCMR § 3101.2), a building permit shall be required.
105.3 Application for Permit. To obtain a permit, the owner or the authorized agent (herein referred to as the applicant) shall submit to the code official an application for permit. Where a permit is required, it shall be obtained by applicant prior to the commencement of any work, except as provided in Section 105.1.8. For trade permits, the applicant shall be the contractor responsible for the work to be done.
An application shall be submitted in the form prescribed and provided by the code official. Unless otherwise specified by the code official, the application shall:
1.Be accompanied by any filing fee deposit required pursuant to Section 108.2.1.1 and any other fees required by the code official to be paid at the time of filing. All other fees shall be paid prior to issuance of the permit pursuant to Section 108.
2.Clearly identify and describe the work to be covered by the permit for which application is made.
3.Describe the land on which the proposed work is to be done by legal description, street address, lot and square or similar description that will readily identify and definitively locate the proposed building or work.
4.Provide sufficient information clearly distinguishing existing versus proposed use.
5.Indicate the use and occupancy for which the proposed work is intended.
6.Be accompanied by a fully completed intake form and supporting submittal documents as required by Section 106.
7.Include an accurate breakdown of construction valuation in accordance with Section 108.3.
8.Include a valid electronic mail address for communications relating to the application and for electronic service of notices and orders related to the permit.
9.Include the applicant’s certification that the information provided in the application is true and correct to the best of the applicant’s knowledge, and acknowledging the applicability of criminal penalties for false statements as provided in Section 404 of the District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D C. Official Code § 22-2405 (2013 Supp.)).
10.Include the “Standards of External Effects” application required by the District of Columbia Zoning Regulations (11 DCMR, Chapter 8) if the property is located in a CM or M zone district.
11.Provide name and contact information, including a valid electronic mailing address, for the general contractor or construction manager, if known, when the application is filed. If the information is not known at the time of filing, the information shall be provided to the code official as soon as the general constructor or construction manager is selected, but no later than the scheduling of the first inspection.
12.Be signed by the applicant, or the applicant’s authorized agent. The application form shall contain the statement “Making of a false statement in this form is punishable by criminal penalties pursuant to D.C. Official Code § 22-2405” in the applicant’s signature box.
13.Provide such other data and information as required by the code official.
14.For applications to authorize electrical, mechanical, plumbing or fuel gas work, include the name, signature and license number of the person performing the work as required by Section 105.1.6.
105.3.1 Action on Application. The code official shall examine or cause to be examined all applications for permit and amendments to applications within a reasonable time after filing. The code official may reject an application at the time of filing if the application and required supporting documents are not substantially complete. If deficiencies in the application, plans or other supporting documents are discovered during processing, the code official is authorized, in his or her discretion, to give the applicant an opportunity to correct the deficiencies prior to taking action to approve or reject the application. If the application or the plans do not conform to the requirements of all pertinent laws, the code official is authorized to reject such application. The code official shall state the reasons for the rejection in writing, citing specific sections of the Construction Codes, and stating the applicant’s right of appeal under Section 112. If the code official is satisfied that the proposed work conforms to the requirements of the Construction Codes and all applicable laws, rules, and regulations, the code official shall issue a permit as soon as practicable.
105.3.1.1 Third-Party Plan Review. An applicant shall have the option of providing for a third-party plan review agency to perform a code compliance review of a project, at the applicant’s expense, pursuant and subject to the provisions of: this Section 105.3.1; the Homestart Regulatory Improvement Amendment Act, effective June 25, 2002 (D.C. Law 14-162; D.C. Official Code § 6-1405.03 (2012 Repl.)); and the Third-Party Plan Review Program Procedure Manual, adopted by the Department on January 2, 2011 (the “Third-Party Plan Review Manual”), as amended.
105.3.1.2 Third-Party Plan Review Procedures. An applicant may seek an expedited submittal documents review by providing the code official with a certified report(s) of the findings of the third-party plan review agency, in a format acceptable to the code official. The code official shall accept such reports from approved third-party plan review agency or agencies, as provided for in the Third-Party Plan Review Manual.
If the code official is satisfied that the report and the proposed submittal documents or certified components of submittal documents conform to the requirements of the Construction Codes, the Department shall complete its review within 15 business days of application submission. The code official’s final approval of the submittal documents and issuance of related permits will be provided upon receipt of approvals from other reviewing agencies.
105.3.2 Payment of Delinquent Fines and Penalties. The code official may refuse to issue a permit if the owner, applicant, or responsible officer has outstanding fines or penalties imposed under the Construction Codes, or if the code official determines that the owner, applicant, or responsible officer is in violation of any provision of the Construction Codes.
105.3.3 By Whom Application is Made. Application for a permit shall be made by the owner or lessee of the premises, including any building or other structure, or by the authorized agent of either. The licensed engineer, architect or interior designer employed in connection with the proposed work shall be allowed to submit an application for a building permit on behalf of the owner or lessee if an authorized agent.
105.3.3.1 Transfer of Permit Application. If the owner or lessee of the premises, including any building or other structure, should change, an unexpired permit application may be transferred to a new owner or lessee upon approval by the code official of an application by the new owner or lessee, in a form specified by the code official.
105.3.3.2 Penalties for False Statements. False statements in an application may subject the permit to revocation pursuant to Section 105.6. Applicants are also subject to the penalties of Section 404 of the District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-2405 (2013 Supp.)) for false statements.
105.3.4 Approval of Partial Plans. The code official is authorized to issue a partial permit for earth retention or the construction of foundations before the entire plans and specifications for the whole building or other structure have been submitted, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the Construction Codes. Issuance of a partial permit by the code official does not constitute assurance that a permit for the entire structure will be granted. The holder of such partial permit for earth retention or foundations will proceed with the construction at the holder’s own risk and without assurance that a permit for the entire structure will be granted.
105.3.5 Approval of Submittal Documents. When the code official issues a permit, the submittal documents shall be approved, in writing or by stamp, as “Approved.” Unless submitted electronically, one set of approved submittal documents so reviewed shall be retained by the code official and the other sets shall be returned to the applicant; at least one approved set shall be kept at the work site and shall be open to inspection by the code official.
105.3.6 Signature on Permit. The code official’s signature shall be attached to every permit; or the code official may authorize a subordinate to affix a facsimile of the code official’s signature to permits. The code official’s signature shall not be construed as indicating that the construction complies with any other requirement of District law or regulation other than the Construction Codes and the Zoning Regulations. The permit does not grant a waiver of the maximum height allowed under An Act to regulate the height of buildings in the District of Columbia, approved June 1, 1910 (36 Stat. 452; D.C. Official Code §§ 6-601.01 to 6-601.09 (2012 Repl.)), unless expressly indicated on the permit.
105.3.7 Time Limitation of Application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued. The code official is authorized to grant a maximum of two extensions of time for agency consideration of a permit application, not exceeding 180 days each, provided that the extension is requested in writing and justifiable cause demonstrated. Refunds of the unused portion of the application file deposit shall be made pursuant to Section 108.6.
105.3.8 Amendments to Permit. The holder of a valid active building permit shall be authorized to amend it or to amend the plans, application or other records pertaining to the permit by filing, at any time before completion of the work for which the original permit was issued, an application for revision of a building permit, accompanied by a copy of the originally approved submittal documents and, unless submitted electronically, by two sets of the revised plans. Once such amendments are approved and the revised permit is issued, it shall be deemed part of the original permit and shall be kept therewith in the official records of the Department. A revision permit shall become invalid upon expiration of the original building permit it amends. The extension provisions of Section 105.5.1 shall apply to the original building permit and shall only affect the respective revision permits to the extent that the original building permit is extended.
105.3.9 Electronic Mail Address Update. While applications are pending for processing and after issuance of a permit, applicants and permit holders are required to update the electronic mailing address provided in the underlying permit application as specified in Section 105.3, items 8 and 11.
105.3.10 Design Professional in Responsible Charge. All design for new construction work, alteration, repair, expansion, addition or modification work involving the practice of professional architecture shall be prepared only by an architect licensed by the District and work involving the practice of professional engineering shall be prepared only by an engineer licensed by the District. All drawings, computations, and specifications required for a building permit application for such work shall be prepared by or under the direct supervision of a licensed architect or licensed engineer and shall bear the signature and seal of the architect or the engineer.
105.3.10.1 Exemptions. The professional services of a registered architect, professional engineer or an interior designer are not required for the following:
- Work done under any of the exemptions from registration provided for in the laws of the District of Columbia governing the professional registration of architects, engineers and interior designers.
2.Nonstructural alteration of any building of R-3 occupancies or of any building under the jurisdiction of the Residential Code.
3.Preparation of drawings or details for cabinetry, architectural millwork, furniture, or similar interior furnishings, for any work to provide for their installation or for any work exempt from building permit by Section 105.2.
4.Preparation of drawings or details for the installation of water and sewer building connections to a single family residential structure. The code official is authorized to accept drawings and details prepared by a licensed plumber.
105.3.10.2 Substitute Design Professional. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge.
105.3.10.3 Attestation. An application for a building permit requiring a stamp from a design professional shall include an attestation by the design professional in responsible charge stating as follows:
(a) For architects: “I am responsible for determining that the architectural designs included in this application are in compliance with all laws and regulations of the District of Columbia. I have personally prepared, or directly supervised the development of, the architectural designs included in this application.”
(b)For engineers: “I am responsible for determining that the engineering designs included in this application are in compliance with all laws and regulations of the District of Columbia. I have personally prepared, or directly supervised the development of, the engineering designs included in this application.”
105.3.11 Green Building Incentives. In order to foster green building development and encourage the District’s sustainability goals, including resource conservation and increased energy and water efficiency, the code official is authorized to develop incentives for projects which meet voluntary green building standards as set forth in the Department’s Administrative Bulletins. Such incentives may include, but are not limited to, expedited permit processing.
105.3.12 Permit Applications in Special Flood Hazard Areas. An applicant for a building permit in a Special Flood Hazard Area shall comply with the Floodplain Management Regulations.
105.4 Compliance with Code. The permit shall be an authorization to proceed with the work for which the permit was issued and shall not be construed as authority to violate, cancel or set aside any of the provisions of the Construction Codes, except as specifically stipulated by modification granted in accordance with Sections 104.10 and 104.10.1.
105.5 Expiration of Permit. Any permit issued shall become null and void if the authorized work is not begun and inspected pursuant to Section 109 within one year after the permit is issued, or if the authorized work is suspended, abandoned or not inspected pursuant to Section 109 for a period of one year. In determining whether work has been suspended or abandoned under this Section 105.5, including exceptions thereto, the code official shall have the right to request documentation from the permit holder and to inspect the premises, including any building or other structure, for which the permit has been granted.
Exceptions:
1.Any permit issued for construction regulated by the Residential Code shall become invalid if the authorized work is not begun within 180 days after the permit is issued, or if the authorized work is suspended or abandoned for a period of 180 days after the date work is begun as evidenced by lack of continuous work.
2.Any permit issued for work that is to occur on land designated as a Special Flood Hazard Area on the Federal Emergency Management Agency’s Flood Insurance Rate Map shall become invalid if the authorized work is not begun within 180 days after the permit is issued, or if the authorized work is suspended or abandoned for a period of 180 days after the date work is begun as evidenced by a lack of continuous work.
3.Any permit issued for work on premises, including any buildings or other structures, that have been deemed to be unsafe or unfit for human occupancy (in accordance with Section 115), or abandoned or deteriorated property (in accordance with D.C. Official Code § 42-3171.01 et seq.(2012 Repl.)), shall become invalid if the authorized work is not begun within 30 days after the permit is issued and completed within six months after the date work is begun, unless the permit is extended in accordance with Section 105.5.1.
4.The code official has the authority to reinstate, in writing, an expired permit upon a showing of applicable extenuating circumstances.
105.5.1 Extension of Permit. A permit may be extended upon written request, prior to expiration and upon a showing of good cause. The code official is authorized to grant extensions of time not to exceed 180 days per extension. Not more than four extensions of time will be granted to any permit. The code official may issue an extension for a period of 365 days upon demonstration of need at the time of extension application, but, in no event, shall the aggregate extensions of time exceed two years.
Exceptions:
1.For any permit issued for work on premises, including any buildings or other structures, that have been deemed to be unsafe or unfit for human occupancy (in accordance with Section 115), or abandoned or deteriorated property (in accordance with D.C. Official Code § 42-3171.01 et seq. (2012 Repl.)), work must commence within 30 days after the initial permit is issued, and be completed within 180 days after the date work is begun, unless an extension of time is granted by the code official. If the work has not been completed within the 180 day period or any extension period granted by the code official, the Department is authorized to complete the work in accordance with D.C. Official Code § 42-3131.01 et seq. (2012 Repl.) and to seek any other remedies or penalties authorized by law, including monetary fines, criminal prosecution, or court orders directing correction or abatement of the violation.
2.The code official shall have the discretion to inspect the premises, including any building or other structure, for which a permit extension has been requested prior to granting an extension.
105.5.2 [Reserved].
105.5.3 Transferability of Permits. Where a permit holder transfers a premises, including any building or other structure, for which an unexpired permit has been issued, except where restricted by Section 113.9, the permit may be transferred to the new owner, upon application by the new owner in a form specified by the code official. Permits for installations related to electrical, gas, mechanical, plumbing, elevator and fire protection systems are not transferable.
105.6 Revocation of Permits. The code official is authorized to revoke a permit or approval issued under the Construction Codes or the District of Columbia Zoning Regulations (11 DCMR) (the Zoning Regulations), for any of the following conditions:
1.Where there is a false statement or misrepresentation of fact, or other significant inaccuracy, in the application or on the plans on which a permit or approval was based, that substantively affected the approval, including, but not limited to, inaccuracies with respect to pre-existing conditions;
2.When the construction does not comply with the Construction Codes (or any modification duly granted thereunder by the code official), the Zoning Regulations (or any relief granted therefrom by the Board of Zoning Adjustment or the Zoning Commission), the permit, the revised permit, one or more conditions of any Board of Zoning Adjustment or Zoning Commission Order that authorized the construction, or the approved plans and other information filed to obtain the permit, and when the permit holder fails to correct the non-conforming situation within the time period specified in a notice or order issued under Section 113;
3.When the permit holder has been cited under 12 DCMR A § 115 for one or more violations of the Construction Codes which, by the determination of the code official, threaten the health and safety of the public in the District of Columbia, and when the permit holder fails to restore safety or otherwise remedy the situation under the terms and conditions of the code official’s order and within the time period specified;
4. When the construction has been posted with two or more stop work orders, under 12 DCMR A § 114, and the permit holder fails to comply with conditions stated in the orders prior to resuming construction, in two or more instances, so as to establish a pattern indicative of the permit holder’s unwillingness to fully comply with the Construction Codes;
5.When permits are issued to a contractor whose license has expired, or is suspended or revoked by the Board having jurisdiction;
6.When the code official determines that the permit has been issued in error or on the basis of incorrect information supplied; or
7.When the use is located in a CM or M zone district and the use violates the “Standards of External Effects” described in the Zoning Regulations.
105.6.1 Effective Date of Revocations. Revocations based on items 1, 2, 4, 5, 6 or 7 of Section 105.6 are proposed actions and shall become final upon occurrence of one of the following conditions:
1.If the permit holder fails to request a hearing from: (a) the Office of Administrative Hearings within 15 business days of receipt after service pursuant to Section 105.6.3 of the notice of revocation with respect to violations of the Construction Codes; or (b) the Board of Zoning Adjustment within 60 days of receipt after service pursuant to Section 105.6.3 of the notice of revocation with respect to violations of the Zoning Regulations; or
2.If the Office of Administrative Hearings or Board of Zoning Adjustment finds that grounds exist to revoke the permit following a hearing requested by the permit holder pursuant to Section 105.6.4.
105.6.1.1 Summary Revocations; Cancellations.
1.Revocations based on item 3 of Section 105.6 shall be summary revocations and shall take effect on the date ordered by the code official.
2.The code official shall have the right to declare a permit null and void, if the agency determines that the permit was erroneously issued as the result of administrative or clerical error and notifies the permit holder of the error within five business days of permit issuance. Upon such notification, the permit holder shall promptly surrender the permit for cancellation, however, the failure to surrender the permit voluntarily for cancellation shall not affect its invalidity and the permit shall be cancelled upon notification to the permit holder in accordance with Section 105.6.3.
105.6.1.2 Board of Zoning Adjustment Order. When a written order of the Board of Zoning Adjustment concludes that a permit was issued in error, the permit shall be revoked, effective 10 days after the Board of Zoning Adjustment Order is served upon the permit holder. The revocation may be appealed to the District of Columbia Court of Appeals pursuant to Section 11 of An Act To prescribe administrative procedures for the District of Columbia Government, approved October 21, 1968 (82 Stat. 1209; D.C. Official Code § 2-510 (2012 Repl.)).
105.6.2 Notice of Revocation. Except as provided in Section 105.6.1.1, the permit holder shall be provided, pursuant to Section 105.6.3, written notice of the code official’s order to revoke the permit. This notice shall include the following:
1.A copy of the written order;
2.A statement of the grounds for the action taken, citing the provisions of the D.C. Official Code, the Construction Codes or the Zoning Regulations which have been violated; and
3.A statement advising the permit holder of the right to appeal the revocation in accordance with Section 105.6.4.
105.6.3 Service of Notice to Revoke a Permit. The code official shall effect service of a notice to revoke a permit by one of the following methods:
1.Personal service on the permit holder or the permit holder’s agent;
2.Delivering the notice to the last known home or business address of the permit holder as identified by the permit application, the tax records, or business license records, and leaving it with a person over the age of 16 years old residing or employed therein;
3.Mailing the notice, via first class mail postage prepaid, at least 10 days prior to the date of the proposed action, to the last known home or business address of the permit holder or the permit holder’s agent as identified by the permit application, the tax records, or business license records; or
4.If the notice is returned as undeliverable by the Post Office authorities, or if no address is known or can be ascertained by reasonable diligence, by posting a copy of the notice in a conspicuous place in or about the structure affected by such notice.
105.6.3.1 Respondent’s Agent. For the purposes of this section, respondent’s agent shall mean a general agent, employee, registered agent or attorney of the respondent.
105.6.3.2 Subsequent Notifications. Once the initial notice has been served:
1.The respondent shall notify the Department of all changes of address or of a preferred address to receive all future notices regarding the revocation. This notification by the respondent shall be in writing; and
2.All other notices, orders, or any other information regarding the revocation may be sent by the Department via first class mail, postage prepaid.
105.6.4 Appeal from Action. The permit holder may request a hearing by the Office of Administrative Hearings or the Board of Zoning Adjustment as provided below.
105.6.4.1 Office of Administrative Hearings. The permit holder may appeal a notice of revocation to the Office of Administrative Hearings (OAH) no later than 10 business days after service of written notice of the revocation upon the permit holder, pursuant to Chapter 18A of Title 2 of the D.C. Official Code (D.C. Official Code § 2-1801.01 et seq. (2012 Repl.)) and any regulations promulgated thereunder. The appeal shall specify that the Construction Codes or the rules legally adopted thereunder have been incorrectly interpreted or applied by the code official, that the provisions of the Construction Codes do not fully apply, or that an equally good or better form of construction can be used. OAH shall have no authority to waive requirements of the Construction Codes.
105.6.4.2 Board of Zoning Adjustment. To the extent that a revocation is based in whole or in part upon a violation of the Zoning Regulations, any appeal of the zoning-based ground shall be heard by the Board of Zoning Adjustment in accordance with Section 8 of An Act Providing for the zoning of the District of Columbia and the regulation of the location, height, bulk and uses of buildings and other structures and the uses of land in the District of Columbia, and for other purposes, approved June 20, 1938, as amended, (52 Stat. 799; D.C. Official Code § 6-641.07 (2012 Repl.)) and Chapter 32 of the Zoning Regulations (11 DCMR). The appeal shall be filed no later than 60 days after service of written notice of the revocation upon the permit holder, pursuant to D.C. Official Code § 6-641.09 (2012 Repl.), and the Zoning Regulations. The permit holder shall specify the provisions of the Zoning Regulations on which the appeal is based.
105.6.4.3 Expedited Hearings. When a summary revocation is ordered under item 3 of Section 105.6 of this chapter, the permit holder may request an expedited hearing from OAH within 72 hours (excluding Saturdays, Sundays, and legal holidays) of service of notice pursuant to Section 105.6.3, to review the reasonableness of the revocation order. At this hearing, the code official shall have the burden of establishing a prima facie case of immediate or serious and continuing endangerment. The OAH may not stay the code official’s decision to revoke a permit under item 3 of Section 105.6 pending the final resolution of the hearing.
105.7 Posting of Fines. Where civil infraction citations have been issued to an applicant for a building permit for illegal construction under Section 113.7, all applicable fine amounts must be posted with the Treasurer of the District of Columbia by the applicant, prior to the issuance of any permit. Upon adjudication of said civil infraction citations, any fines or penalties not assessed to the applicant will be refunded.