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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-A112. APPEALS
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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:
112.1 Review by the Code Official or Zoning Administrator. The owner of a building or other structure, an applicant for a permit or certificate of occupancy, or a permit holder or certificate holder who is adversely affected or aggrieved by an interpretation, decision, denial or other action or decision, relating to application processing or inspections, by a person in the Department other than the code official or the Zoning Administrator (a “Staff Action”) may seek review by the code official or the Zoning Administrator, as applicable. Review under this section must be initiated by the claimant no later than 15 days after being advised of, or learning of, the Staff Action. Notwithstanding the foregoing, review of stop work orders shall be governed by Section 114.11.
112.1.1 Review Process. To seek review, a claimant shall use a review form provided by the code official or the Zoning Administrator, as applicable, on which the claimant shall state the grounds for any requested review, which shall be based on a claim that the Construction Codes or the Zoning Regulations, or the rules legally adopted under either, as applicable, have been incorrectly interpreted or applied, that the provisions of the Construction Codes or Zoning Regulations, as applicable, do not fully apply, or, in the case of any action under the Construction Codes, that an equally good or better form of construction can be used.
112.1.1.1 Code Official. With regard to matters arising under the Construction Code, the code official shall affirm, modify, or reverse the Staff Action within 15 business days of receipt of a review form. If the code official denies review, or does not act upon the review within the 15 business day period, the Staff Action shall be deemed affirmed and the claimant may appeal to the Office of Administrative Hearings in accordance with Section 112.2.1 below. The decision of the code official shall be the final decision of the Department.
112.1.1.2 Zoning Administrator. With regard to matters arising under the Zoning Regulations, the Zoning Administrator shall affirm, modify, or reverse the Staff Action within 15 business days of receipt of a review form. If the Zoning Administrator denies review, or does not act upon the review within the 15 business day period, the Staff Action shall be deemed affirmed and the claimant may appeal the decision to the Board of Zoning Adjustment in accordance with Section 112.2.2 below. Notwithstanding the foregoing, a person’s election to seek Zoning Administrator review pursuant to this Section 112 shall not stay the time period in which to appeal the Staff Action decision to the Board of Zoning Adjustment as that time period is set forth at 11 DCMR Section 3112.2.
112.2 Appeal of Decisions of the Code Official and the Zoning Administrator.
112.2.1 Appeal of Decisions of the Code Official. The owner of a building or other structure or any person adversely affected or aggrieved by a final decision or order of the code official based in whole or in part upon the Construction Codes, may appeal to the Office of Administrative Hearings (OAH). The OAH appeal shall be filed within 10 business days after the date the person appealing the decision of the code official had notice or knowledge of the decision, or should have had notice or knowledge of the decision, whichever is earlier. 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 requirements of the Construction Codes do not fully apply, or that an equally good or better form of construction can be used. The OAH shall have no authority to waive requirements of the Construction Codes.
Exceptions:
1.OAH review of a notice or order to close or vacate residential premises issued pursuant to Section 115 shall be based solely on the issue of whether the premises are unsafe or unfit for occupancy requiring a building closure under the provisions of Section 115;
2.OAH review of a notice or order to close or vacate residential premises issued pursuant to Section 116 shall be based solely on the issue of whether the code official’s building closure decision comported with the provisions of Section 116.1.
Notwithstanding the foregoing, OAH review of a notice or order to close or vacate residential premises issued pursuant to Section 115 shall be based solely on the issue of whether the premises are unsafe or unfit for occupancy requiring a building closure under the provisions of Section 115 and OAH review of a notice or order to close or vacate residential premises issued pursuant to Section 116 shall be based solely on the issue of whether the code official’s building closure decision was arbitrary and capricious,
112.2.2 Appeal of Decisions of the Zoning Administrator. The owner of a building or other structure or any person adversely affected or aggrieved by a final decision or order of the Zoning Administrator may appeal to the Board of Zoning Adjustment of the District of Columbia pursuant to D.C. Official Code § 6-641.07.
112.2.3 Expedited OAH Hearing for Section 115 Closure Orders. Where a notice or order to close or vacate residential premises is issued pursuant to Section 115, a tenant or occupant of the premises affected by the closure has a right to request an expedited hearing by OAH prior to the closure subject to the following requirements:
1.The tenant or occupant shall file the request for an expedited hearing with OAH no later than the date specified in the closure order for tenants or occupants to vacate the structure or unit;
2.OAH review shall be based solely on the issue of whether the premises are unsafe or unfit for occupancy requiring a building closure under the provisions of Section 115 of the Building Code;
3.Enforcement of the closure notice or order shall be stayed until OAH issues a written decision; and
4.OAH shall hold a hearing within 72 hours of receipt of a timely request, and shall issue a decision within 72 hours after the hearing. For purposes of computing the 72-hour period, weekends and legal holidays shall be excluded.
Nothing herein shall be construed to authorize an expedited hearing for any orders or notices issued, or actions taken, pursuant to Section 116.
112.3 Stop Work Orders. Appeals of stop work orders are governed by Section 114.11.
112.4 Revocations. Appeals of permit revocations and revocations of certificates of occupancy shall be governed by Sections 105.6 and 110.5, respectively.
112.5 Enforcement of Decision. The code official or the Zoning Administrator, as applicable, shall take immediate action in accordance with the decision of the Office of Administrative Hearings or the Board of Zoning Adjustment, as applicable, in any appeal.
112.6 Stay of Enforcement. Appeals of notices or orders shall stay the enforcement of the notice or order until the appeal is heard by OAH.
Exceptions:
1.Closure or imminent danger notices or orders issued pursuant to Section 116, and related orders to vacate premises,
2. Closure notices or orders issued pursuant to Section 115, and related orders to vacate premises, except where the tenant or occupant has requested an expedited OAH hearing in accordance with Section 112.2.3.
3. Stop work orders.
112.7 Section 116 Closure or Imminently Dangerous Orders and Notices. Appeal of a closure notice or order issued pursuant to Section 115, or a request for an expedited hearing pursuant to Section 112.2.3, shall not preclude the code official from issuing a notice or order pursuant to Section 116 for the same premises, including any building or other structure, while such appeal or hearing is pending.