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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-A110. CERTIFICATE OF OCCUPANCY
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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:
110.1 General Requirement for Certificate of Occupancy. Except as provided in Section 3203 of the Zoning Regulations, no person shall use any structure, land, or part thereof for any purpose, and no change in use or load shall be made, until a Certificate of Occupancy has been issued stating that the use complies with the applicable Zoning Regulations and the Construction Codes, including related building, electrical, plumbing, mechanical and fire protection requirements. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of the applicable Construction Codes, Zoning Regulations or other laws or regulations of the District. The person or entity to which a certificate of occupancy is issued is referred to herein as the “certificate holder.” When a change in ownership occurs, a new certificate of occupancy shall be applied for in the name of the new owner.
110.1.1 New Buildings. A building or other structure hereafter erected shall not be used or occupied in whole or in part until the certificate of occupancy has been issued by the code official, in accordance with the applicable Construction Codes and the Zoning Regulations following a final inspection pursuant to Section 109.3.14 of the Building Code.
Exceptions:
1.One-family dwellings;
2.Community-Based Residential Facility with six or fewer residents; or
3.A conditional certificate of occupancy has been issued pursuant to Section 110.4.
110.1.2 Change in Ownership. For changes in ownership of structures, land, or parts thereof with an existing valid Certificate of Occupancy, a new Certificate of Occupancy shall be issued in the name of the new owner without re-inspection, provided there is no proposed change in use, floor layout or occupancy load.
110.1.2.1 Compliance. To monitor compliance with Section 110.1.2, the Department may review change of ownership applications and conduct inspections to determine if there has been a change in use, occupancy load, or floor layout, and certificates of occupancy that have been determined to have been erroneously issued on the basis of a change in ownership shall be revoked.
110.1.3 Change in Use, Load or Floor Layout. For changes in use, occupancy load or tenant floor layout, a new Certificate of Occupancy shall be required. In the foregoing circumstances, a construction permit application must be filed pursuant to Section 105.1.1(1) and approved by the Department, in order to confirm that the new use, load or tenant floor layout complies with the Construction Codes and Zoning Regulations. An application for certificate of occupancy will not be accepted for filing until a permit application has been granted, or a determination has been made that a permit application is not required under the circumstances.
110.1.4 Use Designation. A certificate of occupancy shall only be issued for stated uses, including accessory uses, which have been identified in the Zoning Regulations. In the case of §§ 701.5, 721.4, 741.4 and 751.4 of the Zoning Regulations, which permit other retail and service uses similar to those uses expressly permitted in the applicable Commercial Districts, the certificate of occupancy shall first state the expressly permitted use and then indicate the similar use that is being authorized.
110.1.5 Special Restrictions for Projects Subject to Green Construction Code Alternate Compliance Paths.
110.1.5.1 Projects Subject to the Green Building Act. Prior to issuance of a certificate of occupancy for projects subject to the Green Building Act and Section 302 of the Green Construction Code, and where provided for therein, the owner shall submit the financial security required by Section 302 of the Green Construction Code.
110.1.5.2 Projects Not Subject to the Green Building Act. For projects electing an alternate compliance pathway pursuant to Sections 101.4.9.4.2.2, 101.4.9.4.2.3, or 101.4.9.4.2.4, prior to issuance of a certificate of occupancy, or prior to issuance of the first certificate of occupancy for occupiable space in a story above grade plane where a project has multiple certificates of occupancy, the code official is authorized to request additional documentation as deemed necessary to confirm that the project is on track to be certified as compliant with the elected pathway.
110.1.6 Certificate Issued. After the code official inspects the building or other structure and finds no violations of the provisions of the Construction Codes, the Zoning Regulations or other laws that are enforced by the Department, the code official shall issue a certificate of occupancy containing the following:
1.The building permit number (if applicable);
2.The address of the structure;
3.The name and address of the property or business owner, as applicable;
4.A description of that portion of the structure for which the certificate is issued;
5.The name of the code official;
6. The use and occupancy, in accordance with the provisions of Chapter 3 of the Building Code;
7.The use and occupancy in accordance with the Zoning Regulations;
8.The design occupant load;
9.Any special stipulations and conditions of the building permit; and
10. Date of issuance.
11.If an automatic sprinkler system is provided, whether the sprinkler system is required;
12.The edition of the code under which the permit was issued; and
13.The type of construction as defined in Chapter 6.
110.1.7 Exemption from Certificate. A Certificate of Occupancy shall not be required for any use exempted by 11 DCMR § 3203.
110.1.8 Posting of Certificate. All Certificates of Occupancy shall be conspicuously posted in or upon the premises to which they apply so that they are readily visible to anyone entering the premises, except sanctuary and nave areas of places of religious worship in Group A-3.
110.2 Application for Certificate. Application for a Certificate of Occupancy shall be made in accordance with Sections 110.2 through 110.2.3.4.
110.2.1 Application Procedure. All applications for Certificate of Occupancy shall be filed with the Department on the prescribed forms provided by the code official. The applicant shall pay the prescribed filing fee at the time of the application. If a property is located in a CM or M zone district, the “Standards of External Effects” application required by the Zoning Regulations shall also be submitted. Where field inspections are deemed necessary, the inspection process shall be in accordance with Sections 110.2.2.
110.2.1.1 Building Permits. Applications for a certificate of occupancy, other than for a change of ownership with no proposed change in use, occupancy load or floor layout, will not be accepted unless a building permit application has previously been filed and granted, or the Department has determined that a permit application is not required.
110.2.1.2 Compliance with Conditions. If an application pertains to a structure or use authorized by an order of the Zoning Commission or Board of Zoning Adjustment and the permission granted in that order was made subject to conditions, the application shall include a copy of the order and a statement demonstrating compliance with all conditions that were to be satisfied prior to the issuance of a certificate of occupancy.
110.2.2 Inspections. Following the filing of a certificate of occupancy application, except for a change in ownership pursuant to Section 110.1.2, inspections shall be conducted to confirm compliance with the applicable Construction Codes and the Zoning Regulations. Notice of all existing violations of the applicable Construction Codes and Zoning Regulations shall be provided to the applicant within ten business days after the date of the inspection.
110.2.2.1 Service of Notice. The notice of existing violations shall be personally delivered to the applicant or sent by first class mail, postage prepaid. Where the notice is mailed, a certificate of mailing completed by the person responsible for mailing shall constitute proof of service.
110.2.2.2 Reinspection. If a notice of existing violations is issued, a reinspection shall be made within ten business days after the date of notification by the applicant that all required corrections have been made.
110.2.2.3 Expiration of Application. Except as provided in Sections 110.2.3 through 110.2.3.4, the failure to comply with all applicable District of Columbia laws and regulations pertaining to the issuance of a Certificate of Occupancy, within the prescribed timeframe in a notice of existing violations, shall cause the application to be canceled without further notice to the applicant, and the applicant shall be required to file a new Certificate of Occupancy application and pay the required fees.
110.2.2.4 Access to the Premises. Refusal to permit entry for inspection of the premises shall result in the cancellation of the Certificate of Occupancy application without further notice to the applicant.
110.2.3 Extensions. The code official is authorized to grant an extension to comply with the notice of existing violations for any of the following reasons:
1.The District Government has performed all the required services but due to extenuating circumstances the applicant is unable, through no fault of his or her own, to bring the property into compliance; or
2.Other special or unusual circumstances as determined by the code official.
110.2.3.1 Filing for Extension. All requests for extensions shall be made in writing and addressed to the code official. All requests for extensions shall be filed at least 15 business days prior to the expiration of the prescribed time period. The request shall specify the following:
1.The basis for the request including the details of all efforts on the part of the applicant to bring the property for which an extension is requested into compliance;
2.The facts which support the request in sufficient detail to enable the code official to make an informed judgment; and
3.Any other information as the code official may deem necessary.
110.2.3.2 Disposition of Request for Extension. The extension requested shall either be granted or denied by the code official as soon as practicable after receipt of all required information. The decision to grant or deny the extension shall be delivered to the applicant in writing by first class mail or personal service, and the provisions of Section 110.2.2.1 shall apply to the pertinent extension request records.
110.2.3.3 Period of Extension. A decision to grant an extension shall set forth the extended period of time by which compliance shall be achieved.
110.2.3.4 Extensions for Reinspection. If a reinspection is required, the reinspection shall be made within 10 business days after the date of notification by the applicant that all required corrections have been made.
110.3 Occupancy Dependent on Construction. Sections 110.3.1 through 110.3.5 regulate the issuance of a certificate of occupancy for the use of a structure, or part thereof, if the establishment of the use is dependent upon the erection, construction, conversion, or alteration of the structure, or part thereof.
110.3.1 Proposed use. The intended use shall be designated as a proposed use at the time of application for the building permit on which the use depends.
110.3.2 Provisional Occupancy. At the time of approval of the building permit application by the Zoning Administrator, the proposed use shall become the provisional occupancy approved by the code official.
110.3.3 Expiration of Provisional Approval. A building permit shall be obtained within six months of approval of the provisional occupancy, otherwise the zoning approval granted pursuant to Section 110.3.2 shall expire.
110.3.4 Final Occupancy Approval. The use designated as the approved provisional occupancy shall become final upon issuance of a Certificate of Occupancy pursuant to the provisions of Section 110.
110.3.5 Construction Completion Required. If the erection or alteration of a structure, or part thereof, is contemplated, a certificate of occupancy for that structure, or part thereof, shall not be issued until the erection or alteration is completed to the point that the structure, or part thereof, is deemed by the code official to be available for occupancy and in compliance with the requirements of the applicable laws and regulations.
110.4 Conditional Occupancy. The code official is authorized to issue a conditional certificate of occupancy for which a permit for work has been issued, in the following circumstances:
110.4.1 Completion of a Portion of the Work. The code official is authorized to issue a conditional certificate of occupancy to permit the conditional use and conditional occupancy of a building, other structure, or a portion thereof, in advance of the completion of all work covered by the permit, and prior to the issuance of a certificate of occupancy under Section 110.1 above, if the building, other structure, or a portion thereof may be safely occupied notwithstanding incomplete work covered by the permit. The code official is authorized to specify when the conditional certificate of occupancy issued under this section will expire.
110.4.2 Completion of Core and Shell. The code official is authorized to issue a conditional certificate of occupancy for a building or other structure after determining that the core and shell of the building or other structure are substantially and materially complete, in accordance with the Construction Codes. The issuance of a conditional certificate of occupancy under this section shall not grant, allow, or permit use or occupancy, for any reason or purpose, of any other portion of the building or other structure for which a certificate of occupancy is required under Section 110.1.
110.4.3 Other Circumstances. The code official is authorized to issue a conditional certificate of occupancy in other circumstances, prior to the issuance of the final certificate of occupancy, if the building, other structure, or a portion thereof may be safely occupied, where the code official determines that the public interest warrants such conditional occupancy. The code official is authorized to specify when the conditional certificate of occupancy issued under this section will expire.
110.5 Revocation of a Certificate of Occupancy. The code official is authorized to revoke a certificate of occupancy pursuant to any of the Sections 110.5.1 through 110.5.5.
110.5.1 Different Occupancy. Any certificate of occupancy previously issued or issued pursuant to Section 110 shall be revoked by the code official, after notice to the certificate holder, if the actual occupancy does not conform with that which was permitted.
110.5.2 Misleading Declaration by Applicant. Any certificate of occupancy previously issued or issued pursuant to Section 110 shall be revoked by the code official, after notice to the certificate holder, if the code official determines that it was obtained based on an application that contained any material misrepresentation.
110.5.3 Certificate Issued in Error. Any certificate of occupancy previously issued or issued pursuant to Section 110 shall be revoked by the code official, after notice to the certificate holder, if the code official determines that it was issued in error.
110.5.3.1 Cancellation. The code official shall have the right to declare a certificate of occupancy null and void on the grounds of administrative or clerical error, and to cancel the certificate of occupancy, if such error is discovered within five business days after the date of issuance of the certificate of occupancy and notice is provided to the certificate holder within the five day period. Upon notification of cancellation, the holder shall promptly surrender the certificate of occupancy for cancellation, provided, however, that the failure to voluntarily surrender the certificate shall not affect its invalidity and the cancellation shall be effective upon notification.
110.5.3.2 Board of Zoning Adjustment. When a written order of the Board of Zoning Adjustment concludes that a certificate of occupancy was issued in error, the certificate of occupancy shall be revoked effective ten days after the Board of Zoning Adjustment Order becomes final pursuant to the provisions of the Zoning Regulations. Appeal of revocations under this provision shall be governed by Section 110.6.1.
110.5.4 Incomplete Alteration, Repair or Addition. Any certificate of occupancy previously issued or issued pursuant to Section 110 shall be revoked by the code official, after notice to the certificate holder, if all of the following conditions are verified:
1.The building or space under such certificate of occupancy is undergoing alteration or repair, or an addition thereto is being constructed, under a duly issued building permit, and the original use is being continued during the construction period; and
2.The code official deems that construction is not progressing at a reasonable pace and the unfinished portion of the project, as shown on the approved permit drawings, or the missing systems or portions thereof, are such that the code official deems that the safety, health or welfare of the public or of the occupants is seriously threatened thereby.
110.5.5Additional Grounds for Revocation.
110.5.5.1 Completion of Construction Work. Any certificate of occupancy previously issued or issued pursuant to Section 110 shall be revoked by the code official, after notice, if, upon completion of work pursuant to a duly issued building permit, the owner or occupant does not apply for a new certificate of occupancy within 30 days after completion of the work and a new certificate of occupancy is required. A new certificate of occupancy is required when there is a change in use, occupancy or load.
110.5.5.2 Violation of Zoning Order Conditions. Any certificate of occupancy previously issued or issued pursuant to Section 110 shall be revoked by the code official, after notice, if the use is being operated in violation of one or more conditions of any Board of Zoning Adjustment or Zoning Commission order that authorized the establishment of the use or the construction, renovation, or alteration of the building in which the use is located. Such violations include, but are not limited to, the failure to establish or maintain any public benefit in accordance with a condition set forth in any Zoning Commission order granting a planned unit development on the property in which the use is located.
110.5.6 Service of Notice to Revoke a Certificate of Occupancy. The code official shall effect service of a notice to revoke a certificate of occupancy by one of the following methods:
1.Personal service on the certificate holder or the certificate holder’s agent;
2.By electronic mail to the last-known electronic mail address of the certificate holder or the certificate holder’s agent, provided that a copy of the notice or order is posted in a conspicuous place in or about the structure affected by such notice;
3.Delivering the notice to the last known home or business address of the certificate holder as identified by the certificate 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;
4.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 certificate holder or the certificate holder’s agent as identified by the certificate application, the tax records, or business license records; or
5.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.
Exception: A Board of Zoning Adjustment Order finding that a certificate of occupancy has been issued in error constitutes the Notice of Revocation required under this section.
110.5.7. Content of Notice. Except as provided in Section 110.5.3.2, the Notice of Revocation shall contain the effective date of revocation.
110.5.8 Effective Date of Revocation. Revocations based on Sections 110.5.1, 110.5.2, 110.5.4, or 110.5.5 are proposed actions and shall become final upon occurrence of one of the following conditions:
1. If the certificate holder fails to request a hearing from (a) the Office of Administrative Hearings within 10 business days of receipt 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 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 as the result of a hearing requested by the certificate holder pursuant to Section 110.6.
110.5.8.1 Summary Revocations; Cancellations. Revocations based on Section 110.5.3.1 shall be summary revocations and shall take effect on the date ordered by the code official.
110.6 Appeal from Action. Any person aggrieved by the action of the code official granting, withholding, or revoking a Certificate of Occupancy, based in whole or in part upon the Zoning Regulations, may appeal the action to the Board of Zoning Adjustment, pursuant to D.C. Official Code § 6-641.07 (2012 Repl.) and the Zoning Regulations, no later than 60 days after service of written notice of the action upon the applicant or permit holder. All other appeals shall be filed before the Office of Administrative Hearings within the time period required.
110.6.1 Limitation on Appeal. No appeal may be taken to the Board of Zoning Adjustment when a ground for the revocation is a Board of Zoning Adjustment Order finding that the certificate of occupancy was issued in error. The revocation in such cases may be appealed to the District of Columbia Court of Appeals pursuant to D.C. Official Code § 2-510.
110.6.2 Stay pending appeal. The filing of an appeal of the revocation shall not operate to stay the revocation.
110.7 Certificate of Occupancy Fees. A fee for the processing and issuance of a certificate of occupancy shall be paid to the D.C. Treasurer in accordance with the applicable fee schedule.
110.7.1 Fee Schedule. The Director is authorized to establish, from time to time, by approved rules, a schedule of unit rates and other fees for certificates of occupancy, partial certificates of occupancy and other related miscellaneous services.
110.7.2 Filing Fee. The fee for filing an application for certificate of occupancy shall be in accordance with the current user fee schedule.
110.8 Records. The Director or his or her designee shall be the custodian of Certificate of Occupancy records. The records shall include, but not limited to, the following:
1.Pending Certificate of Occupancy applications;
2.Extensions granted pursuant to Sections 110.2.3 through 110.2.3.4; and
3.All approved applications for Certificates of Occupancy, issued Certificates of Occupancy and copies of all cancellation notices and related correspondence.