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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-G. PROPERTY MAINTENANCE CODE SUPPLEMENT OF 2013 |
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Chapter 12-G1. ADMINISTRATION AND ENFORCEMENT |
Section 12-G104. DUTIES AND POWERS OF THE CODE OFFICIAL
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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:
104.1 General. The code official shall enforce the provisions of the Property Maintenance Code.
104.1.1 Rulemaking authority. The provisions of Section 104.1.1, Legal Authority, of 12 DCMR A, shall apply to the Property Maintenance Code and are hereby incorporated by reference.
104.2Inspections. The code official is authorized to make all of the required inspections, or to accept reports of inspection by approved agencies. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise.
104.3 Right of entry. The code official is authorized to enter a structure or premises at all reasonable times to inspect and for the purpose of enforcing the Property Maintenance Code, subject to constitutional restrictions on unreasonable searches and seizures, and subject to the provisions of this Section. If entry is refused or not obtained, the code official is authorized to obtain an administrative search warrant issued pursuant to D.C. Official Code § 11-941 (2012 Repl.) or D.C. Superior Court Civil Rule 204 or to pursue any other recourse as provided by law.
104.3.1 Right of entry – housing business license property. The code official, both prior to the issuance of a housing business license and during the license period, is authorized, at all reasonable hours, to enter and inspect the premises occupied or to be occupied by a housing business except as provided in Section 104.3.2
104.3.2 Right of entry of housing business license property with tenant. If it appears that any portion of a premises is under the exclusive control of a tenant, or if the operator of a housing business so claims, the code official shall not enter that portion of the premises without first having obtained permission from the tenant or the tenant’s agent, except as provided in Section 104.3.3.
104.3.3 Tenant refusal to permit inspection. If a tenant of a housing business does not give permission to inspect that portion of the premises under the tenant’s exclusive control, the code official shall not enter that portion of the premises unless the code official has:
1.A valid administrative warrant permitting the inspection, issued pursuant to D.C. Official Code § 11-941 (2012 Repl.) or D.C. Superior Court Civil Rule 204; or
2.A reasonable basis to believe that exigent circumstances require immediate entry into that portion of the premises in order to prevent any imminent danger to the public health or welfare.
The refusal of any tenant to permit such an inspection shall not result in the revocation or suspension of the housing business license, nor shall such refusal result in the assessment of penalties against the operator of a housing business, provided however, that when the code official presents a valid administrative search warrant that permits inspection of premises under a tenant’s exclusive control, the tenant of a housing business who refuses to give permission to inspect that portion of the premises shall be in violation of the Property Maintenance Code.
104.3.4 Refusal to permit inspection. If the owner or operator of a housing business, or agent of such owner or operator, refuses to permit the code official to inspect the premises occupied or to be occupied by a housing business, such refusal shall be cause for withholding the issuance of a license for those premises until the inspection is permitted, and/or cause for the revocation of any existing license.
104.3.4.1 As a condition of receiving a housing business license under D.C. Official Code § 47-2828 (2012 Repl.), the owner or operator of a housing business must agree to:
1.Allow access to the Department for any inspection required under the Construction Codes; and
2.Notify any affected tenant whose unit requires inspection.
104.4 Identification. The provisions of Section 104.5, Credentials, of 12 DCMR A, shall apply to the Property Maintenance Code and are hereby incorporated by reference.
104.5 Notices and orders. The code official is authorized to issue all necessary notices or orders to ensure compliance with the Property Maintenance Code, and to 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 Abatement and Condemnation of Nuisance Properties Omnibus Amendment Act of 2002, effective April 19, 2002 (D.C. Law 14-114; D.C. Official Code §§ 42-3171.01 et seq. (2012 Repl.)).
104.6 Department records. The provisions of Section 104.7, Department Records, of 12 DCMR A, shall apply to the Property Maintenance Code and are hereby incorporated by reference.
104.7 Coordination of inspections. Whenever in the enforcement of the Property Maintenance Code or another code or ordinance, the responsibility of more than one code official of the District is involved, it shall be the duty of the code officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders.