Section 12-H102. APPLICABILITY

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

 

102.1 Buildings and Property.  The Fire Code shall be applicable to all premises, including buildings and structures, and conditions within the District of Columbia and the structures appurtenant to such buildings, including buildings and structures appurtenant to premises occupied by or for any foreign government as an embassy or chancery, to the extent provided for in Section 206 of the Foreign Missions Act, approved August 24, 1982 (96 Stat. 286; D.C. Official Code § 6-1306(g) (2012 Repl.)).  The provisions of the Fire Code shall not apply to public buildings or premises owned by the United States Government, including appurtenant structures and portions of buildings, premises, or structures that are under the exclusive control of an officer of the United States Government in his or her official capacity.  If a lessor is responsible for maintenance and repairs to property leased to the United States Government, the property shall not be deemed to be under the exclusive control of an officer of the United States Government.

 

102.2. Administrative, Operational and Maintenance Provisions. The administrative, operational and maintenance provisions of the Fire Code shall apply to:

 

1.Conditions and operations arising after the adoption of the Fire Code; and

 

2.Existing conditions and operations. 

 

102.3 Other Construction Codes Requirements.  Except as provided in Section 102.10, nothing in the Fire Code shall negate or modify permit, certificate of occupancy or other applicable requirements set forth in the Construction Codes, including, but not limited to the following.

 

102.3.1 Change in Use, Load or Floor Layout.  Any change in the use, or occupancy load or tenant floor layout of any structure or portion thereof shall comply with the applicable provisions of the Construction Codes, including, but not limited to, Section 110.1.3 of 12 DCMR A.

 

102.3.2 Application of Building Code and Existing Building Code.  The design and construction of new structures shall comply with the Building Code, and any alterations, additions, changes in use or occupancy, or changes in structures required by the Fire Code, which are within the scope of the Building Code or the Existing Building Code, must comply with the Building Code or the Existing Building Code as applicable.

 

102.3.4 Fire Protection Systems.  Where interior or exterior fire protection systems or devices are installed or altered, such systems or devices are subject to the permit application, fire protection documents, inspection and other applicable requirements set forth in Chapter 1 of 12 DCMR A.

 

102.3.5 Application of Property Maintenance Code.  Owners and tenants of premises shall also comply with applicable property maintenance provisions as set forth in the Property Maintenance Code. 

 

102.4 Application of Fire Code to Structures Subject to the Residential Code.  Where structures are designed and constructed in accordance with the Residential Code, the provisions of the Fire Code shall apply as follows:

 

1. Construction and design provisions:  Provisions of the Fire Code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies.  Where interior or exterior fire protection systems or devices are installed, the provisions of the Fire Code shall also apply.

 

2. Administrative, operational and maintenance provisions:  All such provisions of the Fire Code shall apply.

 

102.5 [Reserved].

 

102.6 Historic Buildings.  The provisions of the Fire Code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for historic buildings or structures meeting the requirements of Chapter 12 of the Existing Building Code, when such buildings or structures are judged by the code official not to constitute a distinct hazard to life or property.  The code official is authorized to approve a fire protection plan developed in accordance with the provisions of National Fire Protection Association (NFPA) Standard 909 for any designated historic building or structure.

 

102.7 Referenced Codes and Standards.  The codes and standards referenced in the Fire Code shall be those that are listed in Chapter 80 of the International Fire Code and such codes and standards shall be considered part of the requirements of the Fire Code to the prescribed extent of each such reference.  Where differences occur between the provisions of the Fire Code and the referenced standards, the provisions of the Fire Code shall apply. 

 

102.8 Subjects Not Regulated by the Fire Code.  Where no applicable standards or requirements are set forth in the Fire Code, or are contained within other laws, codes, regulations or ordinances adopted by the District of Columbia, compliance with applicable standards of NFPA or other nationally recognized fire safety standards, as approved by the code official, shall be deemed as prima facie evidence of compliance with the intent of the Fire Code.  Nothing herein shall derogate from the authority of the code official to determine compliance with codes or standards for those activities or installations within the code official’s jurisdiction or responsibility.

 

102.9 Matters Not Provided For.  Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, which are not specifically provided for by the Fire Code, shall be determined by the code official.

 

102.10 Code Precedence.  Unless otherwise provided herein, or in the Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987 (D.C. Law 6-216; D.C. Official Code §§ 6-1401 et seq. (2012 Repl.)) (“Construction Codes Act”), the following order of precedence is established among the documents adopted: District of Columbia Construction Codes Supplement, including standards and amendments; International Codes, including standards and amendments.

 

102.10.1 Conflicts.  Where, in any specific case, different sections of the Construction Codes specify different materials, methods of construction or other requirements, the most restrictive shall govern.  When there is a conflict between a general requirement and a specific requirement within the Construction Codes, the specific requirement shall be applicable.

 

If conflict arises between the provisions of the Construction Codes Act and the Construction Codes Supplement, the International Codes, or their referenced standards, the provisions of the Construction Codes Act shall take precedence.  If conflict arises between the Construction Codes Supplement, the International Codes, and their referenced standards:

 

1.  The provisions of the Construction Codes Supplement shall take precedence over the International Codes and their referenced standards, except as provided in subparagraphs 2 and 3 of this section.

 

2.  The provisions of the Existing Building Code shall take precedence over other provisions of the Construction Codes and their referenced standards with regard to existing buildings and Group R-4 occupancy buildings.

3.  The most stringent provisions of the Existing Building Code shall take precedence when a building is both an existing building and a Group R-4 occupancy.

 

4.  The provisions of the International Codes, other than their referenced standards, shall take precedence over their referenced standards.

 

102.11 Other Laws.  The provisions of this Fire Code shall not be deemed to nullify any provisions of District or federal law.

 

102.12 Application of References.  References in this Chapter 1 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 Fire Code.

 

102.13 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 permit from the Department of Consumer and Regulatory Affairs pursuant to 12 DCMR A § 105, and to comply with the requirements of DCMR Title 20, Chapter 31.

 

102.14 Private Fire Hydrants.  The installation, maintenance, repair and replacement of private fire hydrants shall comply with the provisions of the Private Fire Hydrant Act of 2010, effective March 31, 2011 (D.C. Law 18-337; D.C. Official Code §§ 34-2410.01 et seq. (2012 Repl.)) (“Private Fire Hydrant Act”).

 

 

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 3251 (March 28, 2014 – Part 2); as corrected by Errata Notice published at 61 DCR 5246 (May 23, 2014).

EditorNote

The District of Columbia Fire Code (2013), referred to as the “Fire Code,” consists of the 2012 edition of the International Fire Code as amended by the District of Columbia Fire Code Supplement (2013) (12 DCMR H). The International Fire Code is copyrighted by the International Code Council and therefore is not republished here. However, a copy of the text may be obtained at: http://publicecodes.cyberregs.com/icod/ifc/2012/index.htm?bu=IC-P-2012-000003&bu2=IC-P-2012-000019.