Section 12-H110. UNSAFE STRUCTURES AND EQUIPMENT

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:

 

110.1 General.  If during the inspection of a premises, a building or structure or any building system, in whole or in part, or existing equipment constitutes a clear and inimical threat to human life, safety or health, the code official shall issue such notice or orders to remove or remedy the conditions as shall be deemed necessary in accordance with this section and shall notify the building code official of any repairs, alterations, remodeling, removing or demolition required.

 

110.1.1 Unsafe Conditions.  Structures or existing equipment that are or hereafter become unsafe or deficient because of inadequate means of egress, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or which involve illegal or improper occupancy or inadequate maintenance, shall be deemed unsafe conditions.  A vacant structure which is not secured against unauthorized entry as required by Section 311 shall be deemed unsafe.

 

110.1.2 Structural Hazards.  When an apparent structural hazard is caused by the faulty installation, operation or malfunction of any of the items or devices governed by the Fire Code, the code official shall immediately notify the building code official in accordance with Section 110.1.

 

110.1.3 Special Measures.  Temporary special fire protection measures shall be taken when adequate fire protection is not being provided or hazardous or dangerous conditions exist.  Installation of special fire protection equipment is one of the available special measures.  Special fire protection equipment shall be installed in accordance with the requirements of the Fire Code and the Building Code.

 

110.2 Evacuation.  The code official or the fire department official in charge of an incident shall be authorized to order the immediate evacuation of any occupied building deemed unsafe when such building has hazardous conditions that present imminent danger to building occupants. Persons so notified shall immediately leave the structure or premises and shall not enter or re-enter until authorized to do so by the code official or the fire department official in charge of the incident.

 

110.3 Summary Abatement.  Where conditions exist that violate the Fire Code and are deemed hazardous to life and property, the code official or fire department official in charge of the incident is authorized to abate summarily such hazardous conditions.

 

110.4 Abatement.  The owner, operator or occupant of a premises, including any buildings or structures thereon, deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.

 

110.5 Owner/Tenant Responsibility.  The owner of a premises, including any structures and buildings thereon, shall be responsible for the safe and proper maintenance of the premises at all times in compliance with Fire Code requirements, except as otherwise provided in this code. Occupants are responsible for keeping that part of the premises which they occupy and control in a safe condition.  In existing buildings, the fire protection equipment systems or devices, means of egress and safeguards required by the Fire Code or a previous statute, code or other District of Columbia municipal regulation, shall be maintained in good working order.  If an owner, tenant or other legitimate occupant of a premises, including any building or structure thereon, creates conditions in violation of the Fire Code by virtue of storage, handling and use of substances, materials, devices and appliances, the owner, tenant or occupant shall be held responsible for the abatement of said hazardous conditions.

 

110.6 Special provisions for residential building closures.  Where the code official issues an order or notice to close and barricade a residential building or dwelling unit pursuant to Section 110, the following additional provisions shall apply.

 

1. The notice or order shall specify a date by which tenants or occupants are required to vacate the residential building or dwelling unit.

 

2. The notice or order shall include a statement informing tenants or occupants of the building or unit of the right to appeal pursuant to Section 108 of the Fire Code, including, where applicable, the right to an expedited hearing pursuant to Section 108.1.2.

 

3. A copy of the notice or order shall be provided to tenants in accordance with Section 109.2.2.

 

4. The notice shall provide contact information for the Office of the Tenant Advocate.

 

 

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.