Section 12-G105. APPROVAL

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:

 

105.1 Modifications.  Whenever there are practical difficulties involved in carrying out the provisions of the Property Maintenance Code, the code official shall have the authority to grant modifications for individual cases upon application of the owner or owner’s representative, provided the code official shall first find that special individual reasons makes the strict letter of the Property Maintenance Code impractical, that the modification is in compliance with the intent and purpose of the Property Maintenance Code, and that such modification does not lessen health, life and fire safety requirements or violate District law or regulations. The details of any action granting modifications shall be recorded and entered in the Department files.

 

105.2 Alternative materials, methods and equipment.  The provisions of Section 104.11, Alternative Materials, Equipment, Methods of Construction and Design, of 12 DCMR A, shall apply to the Property Maintenance Code and are hereby incorporated by reference.

 

105.3 Required testing.  Whenever there is insufficient evidence of compliance with the provisions of the Property Maintenance Code, or evidence that a material or method does not conform to the requirements of the Property Maintenance Code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.  

 

105.3.1 Test methods.  Test methods shall be as specified in the Property Maintenance Code or by other recognized and accepted test methods in the industry.  In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an agency approved by the code official. 

 

105.3.2 Test reports.  The provisions of Section 104.7, Department Records, of 12 DCMR A, regarding retention of test reports, shall apply to the Property Maintenance Code and are hereby incorporated by reference.

 

105.4 Used material and equipment.  The provisions of Section 104.9.1, Used Materials, Equipment and Devices, of 12 DCMR A shall apply to the Property Maintenance Code and are hereby incorporated by reference.

 

105.5 Permits for repairs and improvements.  Any repair or improvement which may be required by a notice issued under the authority of the Property Maintenance Code for which a permit is required shall not be made until that permit has been issued by the District.

 

105.5.1 Compliance with applicable laws.  All work under a permit shall be done in accordance with all applicable laws and regulations.  The provisions of Section 102.4.1, Conflicts, of 12 DCMR A, shall apply to the Property Maintenance Code and are hereby incorporated by reference.

 

 

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.