Section 12-G102. APPLICABILITY

Strike Chapter 1 of the International Property Maintenance Code in its entirety and insert new Chapter 1 in the Property Maintenance Code in its place to read as follows:

 

102.1 Conflicting provisions.   Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern.  Where differences occur between provisions of the Property Maintenance Code and its referenced standards, the provisions of the Property Maintenance Code shall apply.  Where, in a specific case, different sections of the Property Maintenance Code specify different requirements, the most restrictive shall govern.

 

102.2 Maintenance.  Equipment, systems, devices and safeguards required by the Property Maintenance Code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order.  No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of the Property Maintenance Code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures.  Except as otherwise specified herein, the owner or the owner’s designated agent shall be responsible for the maintenance of buildings, structures and premises.

 

102.3 Application of other codes.  Repairs, additions, demolition, razing or alterations to a structure, or changes of use or occupancy, shall be done in accordance with the provisions of the Construction Codes.  Nothing in the Property Maintenance Code shall be construed to cancel, modify or set aside any provision of the Construction Codes or the Zoning Regulations, Title 11 DCMR.

 

102.4 Existing remedies.  The provisions in the Property Maintenance Code shall not be construed to abolish or impair existing remedies of the District of Columbia or its officers or agencies relating to the condemnation, removal or demolition of any structure which is dangerous, unsafe and/or unsanitary, the abatement of nuisance property, or the maintenance of vacant buildings.

 

102.4.1 Code precedence.  If a conflict arises between the Housing Code, Title 14 DCMR, Subtitle A and the Property Maintenance Code, the provisions of the Property Maintenance Code shall take precedence.

 

102.5 Workmanship.  Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of the Property Maintenance Code shall be executed and installed in a workmanlike manner, installed in accordance with the manufacturer’s installation instructions, and use materials of a quality and kind suitable for the purpose for which used and of a kind normally used in the applicable trade.

 

102.6 Historic buildings. Any building or other structure that is listed (either as an individual listing or as a contributing resource to a listed historic district) in the D.C. or National Register of Historic Places shall be exempt from specific provisions of the Property Maintenance Code; provided, that (a) the D.C. Historic Preservation Officer or the Keeper of the National Register of Historic Places certifies that compliance with the specific provisions of the Property Maintenance Code will cause the loss of irretrievable historic components that may lead to the de-listing of the building or other structure; and (b) the code official determines the exemption does not adversely affect the safety of the building or other structure or the public interest of health, safety and welfare.

 

102.7 Referenced codes and standards.  The provisions of Section 102.4, Referenced Standards, of 12 DCMR A, shall apply to the Property Maintenance Code and are hereby incorporated by reference.

 

Exception:  Where enforcement of a Property Maintenance Code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply.

 

102.8 Matters not covered by the code.  Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public health, safety and welfare, not specifically covered by the Property Maintenance Code, shall be determined by the code official.

 

102.9 Application of references.  References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of the Property Maintenance Code. 

 

102.10 Other laws.  The provisions of the Property Maintenance Code shall not be deemed to nullify any provisions of local or federal law.

 

102.11 Special flood hazard areas.  The storage of equipment or materials that are listed as dangerous materials in 20 DCMR § 3106.2 or that will affect either the base flood elevation or the floodway in any Special Flood Hazard Area, as delineated on the Federal Emergency Management Agency’s Flood Insurance Rate Map for the District (20 DCMR § 3101.2), shall be required to obtain a building permit from the Department of Consumer and Regulatory Affairs, pursuant to 12 DCMR A § 105, and comply with the requirements of 20 DCMR Chapter 31.  

 

 

authority

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

source

Final Rulemaking published at 61 DCR 3196 (March 28, 2014 – Part 2); as corrected by Errata Notice published at 61 DCR 5246 (May 23, 2014).

EditorNote

The District of Columbia Property Maintenance Code (2013), referred to as the “Property Maintenance Code,” consists of the 2012 edition of the International Property Maintenance Code, published by the International Code Council (ICC), as amended by the District of Columbia Property Maintenance Code Supplement (2013) (12 DCMR G). The International Property Maintenance Code is copyrighted by the ICC and therefore is not republished here. However, a copy of the text may be obtained at: http://publicecodes.cyberregs.com/icod/ipmc/2012/index.htm?bu=IC-P-2012-000006&bu2=IC-P-2012-000019.