Section 12-H111. EMERGENCY MEASURES

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:

 

111.1 Imminent Danger. When an emergency exists the code official is hereby authorized to take such actions as the code official deems necessary to meet such emergency in accordance with this Section 111. An emergency shall exist when, in the opinion of the code official any work, operations, processes, or conditions regulated by the Fire Code create an imminent danger because of: the hazard of fire and explosion arising from the storage, handling or use of structures, materials, or devices; fire hazards in the structure or on the premises from occupancy or operation; conditions affecting the safety of fire fighters and emergency responders during emergency operations; or conditions hazardous to life, property, or public welfare. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the [code official].”  It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or of demolishing the same.

 

111.2 Emergency Work.  Whenever, in the opinion of the code official, an emergency exists, , the code official is authorized to shall order the necessary work to be done (including, but not limited to, the boarding up of openings, temporary safeguards, repairs, demolition, or razing) to render such structure or premises safe whether or not the legal procedures herein described have been instituted; and is authorized to take such other action as the code official deems necessary to meet such emergency. For the purposes of this section, the code official is authorized to employ the necessary labor and materials to perform the necessary emergency work as expeditiously as possible.

 

111.2.1 Historic Buildings. Prior to undertaking emergency work on any building or other structure that is listed (either as an individual listing or as a contributing resource to a listed historic district) in the D.C. or National Register of Historic Places, the code official shall consult with the State Historic Preservation Officer as required by D.C. Official Code §§6-801 and 6-802 (2012 Repl. & 2015 Supp.).

 

111.3 Closing Streets.  When necessary for the public safety, the code official is authorized to temporarily close sidewalks, streets, buildings, other structures, and places adjacent to such unsafe structure, and prohibit them from being used.

 

111.4 Occupied Premises. When in the opinion of the code official an emergency exists, the code official is authorized to order any occupants of the premises to vacate the premises within the time period specified by the code official, subject to the provisions of Section 111.6 for tenants and occupants of residential premises.

111.5 Costs of Emergency Work Repairs.  Where the code official causes emergency work to be done pursuant to Section 111.2, the costs incurred in the performance of emergency work, and expenses incident thereto, shall be paid from appropriations of the District of Columbia on certification of the code official and shall be assessed as a tax against the property on which the emergency work or repairs were performed, carried as a tax on the regular tax rolls, and collected in the same manner as real estate taxes are collected.  Nothing herein shall be deemed to preclude conversion of a special assessment lien to an administrative judgment, enforceable in the same manner as any other civil judgment under District of Columbia law, as authorized by D.C. Official Code §42-3131.01 (2012 Repl. & 2015 Supp.).

 

111.6 Special Provisions Applicable to Residential Premises.  Where the code official posts a closure or imminently dangerous notice or order pursuant to this Section 111 in a residential premises, the code official is authorized to order all tenants or occupants to vacate the imminently dangerous structure or dwelling unit.  The notice or order shall include the time by which the premises must be vacated, provided that tenants and occupants shall be given at least 24 hours to vacate, unless the code official determines that tenants and occupants must leave the premises immediately for their personal safety.  If any tenant or occupant fails to vacate the structure or unit within the time specified in the notice or order, the code official is authorized to order removal of the tenant or occupant from the structure or unit.

 

111.6.1 Additional provisions for residential building closures.  Where the code official posts a closure or imminently dangerous order or notice in a residential structure or dwelling unit pursuant to this Section 111, 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 108.1.

 

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.

 

111.6.2 Other Rental Housing Provisions.  The removal of tenants from imminently dangerous premises, or the service of an order to vacate, pursuant to this Section 111 shall not be considered an eviction or notice to vacate under D.C. Official Code § 42-3505.01 (2012 Repl. & 2015 Supp.).  Notwithstanding the foregoing, nothing herein shall be construed to nullify or abrogate any other rights to which a tenant is entitled under District laws or regulations, including relocation assistance, the right to reoccupy the rental unit following rehabilitation, or the right to pursue rights and remedies under D.C. Official Code, Title 42, Chapter 34 (2012 Repl. & 2015 Supp.).

 

 

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); as amended by Final Rulemaking published at 63 DCR 15739 (December 23, 2016).

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.