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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-H. FIRE CODE SUPPLEMENT OF 2013 |
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Chapter 12-H1. ADMINISTRATION AND ENFORCEMENT |
Section 12-H103. FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT
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103 FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT
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:
103.1 Code Official for the Fire Code. The Fire Chief of the District of Columbia Fire and Emergency Medical Services Department (“Fire Chief”) shall be the code official for the enforcement of the Fire Code, except that the Director of the Department of Consumer and Regulatory Affairs (“DCRA”) shall be the code official for enforcement of all provisions of the Fire Code pertaining to approval, installation, design, modification, maintenance, testing, and inspection of all new and existing fire protection systems. References to the term “Department” within the Fire Code shall mean the District of Columbia Fire and Emergency Medical Services Department.
103.1.1 Enforcement by DCRA Director. The provisions of 12 DCMR A, Chapter 1, shall apply to the enforcement by the DCRA Director of all Fire Code provisions pertaining to approval, installation, design, modification, maintenance, testing and inspection of all new and existing fire protection systems.
103.2 Duties and Powers of the Code Official. The duties and powers of the code official are set forth in Section 104.1.
103.3 Delegation of Authority. The code official shall have the authority to delegate his or her duties and powers under the Fire Code, but he or she shall remain responsible for the proper performance of those duties and powers.
103.4 Organization. The code official shall appoint such number of officers, technical assistants, inspectors and other employees as shall be necessary for the administration of the Fire Code and as authorized by the appointing authority.
103.5 Deputy. The code official is authorized to designate an employee as deputy who shall exercise all the powers of the code official during the temporary absence or disability of the code official.
103.6 Conflicts of Interest. No official or employee of the Department shall directly or indirectly engage in any private business transaction or activity that tends in any way to interfere with the performance of his or her duties, including:
1. Furnishing of Services. Being engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or structure under the jurisdiction of the Construction Codes, or the preparation of plans or specifications of a building or structure under the jurisdiction of the Construction Codes, unless the official or employee is the principal owner of the building or structure.
2. Conflict with Official Duties. Being engaged in any work which conflicts with official duties or with the interest of the Department.
3. Private Work. Directly or indirectly engaging with or accepting remuneration from any private person, firm, or corporation for the performance of any work as a designer, architect, engineer, consultant or inspector, which work is to be submitted to, passed upon, reviewed, or inspected by any officer of the District of Columbia charged with the administration of any portion of the Construction Codes.
103.7 Relief from Personal Liability. Unless otherwise provided by Federal or District of Columbia law, the code official and any officials and employees of the Department charged with enforcement of the Construction Codes, while acting in their official capacity, shall not be liable personally, and are relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of their official duties.
103.7.1 Defense of Suits. Any suit instituted against the code official or any officer or employee of the Department because of an act performed in the discharge of official duties and under the provisions of the Construction Codes, or by reason of any act or omission while performing official duties in connection with the Construction Codes, shall be defended by the Office of the Attorney General for the District of Columbia until the final termination of legal proceedings.
103.7.2 Liability for Costs. The code official and any official or employee of the Department shall not be personally liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of the Construction Codes.
103.7.3 Liability for Acts or Omissions. Any official or employee of the Department, acting in good faith and without malice, shall be free from liability for acts performed under the provisions of the Construction Codes or by reason of any act or omission while performing official duties in connection with the Construction Codes.
103.8 Jurisdictional Liability. The District of Columbia government shall not be liable under the Fire Code for any damage to persons or property, by reason of the inspection or re-inspection of buildings, structures or equipment authorized herein, or failure to inspect or re-inspect such buildings, structures or equipment or by reason of the approval or disapproval of any building, structure or equipment authorized therein.