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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 22. HEALTH |
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SubTilte 22-B. PUBLIC HEALTH AND MEDICINE |
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Chapter 22-B1. PROTECTION OF PUBLIC HEALTH |
Section 22-B110. NON-RESIDENTIAL PROPERTY
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110.1The owner of any premises or building in the District used for other than residential purposes shall provide and furnish the premises or building with adequate facilities for heating, ventilating, and lighting.
110.2Adequate heating facilities shall mean the provision and maintenance in good repair of either of the following:
(a)A central heating facility;
(b)A non-portable, flue-connected heating facility; or
(c)An electric heating facility which need not be flue-connected.
110.3Each of the heating facilities described in §110.2 shall be capable of maintaining a minimum temperature of seventy degrees Fahrenheit (70° F.) in buildings or parts of buildings used for habitation or sedentary work, and of sixty-five degrees Fahrenheit (65° F.) in buildings or parts of buildings used for heavy work; provided, that the following requirements are met:
(a)Each heating facility shall be designed and installed so as to permit the control of temperature resulting from the use of the facility in a manner that the maximum resulting temperature in the premises heated by the facility will not exceed the maximum temperature in the "Comfort Chart" contained in the Guide of the American Society of Heating and Ventilating Engineers; and
(b)The temperatures referred to in this subsection shall be measured with all usually closed outside openings in a normal manner.
110.4The owner of any premises or building in the District used for other than residential purposes shall provide, furnish, and maintain proper and sufficient water closets or privies for the premises or building.
110.5Every water closet compartment, privy, toilet room, or bathroom shall have a waterproof floor surface and wall base.
110.6The base required by §110.5 shall be at least three inches (3 in.) in height, and the floor surface shall consist of one (1) of the following:
(a)Smooth-finished tile or masonry effectively sealed so as to have a non-porous surface, laid in a manner to be free from cracks or open joints, and tightly joined to the base;
(b)Tongue-and-groove hardwood flooring that is tightly laid without open cracks or joints, tightly joined to the base, and both the base and surface covered with a seal coat of waterproof finish; or
(c)Linoleum, plastic, or rubber floor covering, or linoleum, asphalt, rubber, or plastic floor tiles, firmly cemented to a smooth, substantial sub-floor, laid without overlapping or open joints, and tightly joined to the base.
110.7For the purposes of this section, "linoleum" shall mean a floor covering made of special preparations of linseed oil, gum, coloring matter, and wood flour, firmly affixed to a cloth or felt-paper base. This term shall not include enameled and cottonlinter composition coverings.
110.8The owner of any premises or building in the District used for other than residential purposes shall keep the roof of the building tight and in good repair.
110.9The owner of any premises or building in the District used for other than residential purposes shall cause the yard or area, or both, to be graded and paved so that all drainage flows freely from all parts of the building into the sewer traps that may have been provided for that purpose. If there are no sewer traps, the drainage shall flow away from any inhabited building on the premises.
110.10Every person occupying any premises or any part of any premises in the District (or if the premises are not occupied, the owner of the premises) shall keep the premises and all buildings, yard, stables, grounds, and outhouses connected with the premises clean and wholesome.
110.11If, upon inspection by the Director, it is determined that any premises, or any part of a premises, or any building, yard, stable, grounds, alley, or outhouse connected with the premises, is not in a clean and wholesome condition, the occupant or occupants of the premises or part (or the owner of the premises) shall be notified of the condition and shall be required to place the premises in a clean and wholesome condition.
110.12Any person who fails or neglects to correct an uncleanly or unwholesome condition within the time allowed by the notice required by §110.11 shall be liable to the penalties provided in this section.
110.13No owner, proprietor, lessee, manager, or superintendent of any store, factory, workshop, or other structure or place of employment where workmen or workwomen are employed for wages, shall cause, permit, or allow the facility, or any portion, apartment, or room of the facility, to be overcrowded, or inadequate, faulty, or insufficient in respect of lighting, heating, or ventilation.
110.14Every store, factory, workshop, or place of employment shall be kept in a clean and wholesome condition and, as far as practicable, free from all gases, vapors, dust, or other impurities generated by manufacturing processes or otherwise, and injurious to health.
110.15Where both males and females are employed, separate toilets and hand washing facilities shall be provided for each sex.
110.16No person shall use any building in the District for any purpose for which it has not been lawfully used for a period of at least thirty (30) days immediately preceding the promulgation of the authorizing regulations, unless the building is located and constructed in accordance with the requirements of the laws, building regulations, and health ordinances in force in the District governing the location and construction of buildings intended to be used for that purpose.
110.17The Director shall examine or cause to be examined any building supposed or reported to be in an unsanitary condition, and record the following information:
(a)The results of the examination;
(b)The location of the building;
(c)The purposes for which the building is used; and
(d)The names of the building's owner and lessee and occupant.
110.18If after the examination, the Director deems any structure or building, or part of a structure of a building or an appurtenance to the building, in a condition that endangers the health of the building's inmates, or those living in the vicinity, the Director shall serve the following written notices:
(a)A notice to the occupants requiring them to vacate the building; and
(b)A notice to the owner, agent, or other party having interest in the building, requiring the building to be put in proper condition within a time as the Director specifies.
110.19After receiving notice as provided in §110.18, the interested party or parties shall comply with it.
110.20Any person who fails to comply with the Director's order as provided in §110.18 shall be subject to the penalties as provided by §§110.25 through 110.27 of this section, unless an appeal is made as provided in §§110.21 through 110.24 of this section.
110.21Upon deposit of thirty dollars ($30) to cover fees for an examining commission, the interested party may appeal within forty-eight (48) hours in writing to the Mayor, who shall appoint a commission to determine the question at issue.
110.22The commission as required in §110.21 shall consist of two (2) disinterested and competent physicians and one (1) architect, all residents of the District, who shall be paid for their services.
110.23Payment for services as required by §110.22 shall not exceed ten dollars ($10) to each person, and shall be made upon the certificate of the Director.
110.24In case of a decision adverse to the appellant, it shall be the duty of the appellant to comply with the decision upon being duly notified of the decision in writing by the Director.
110.25Any person violating, or aiding or abetting in violating, any of the provisions of this section, or interfering with or preventing any inspection authorized by this section, shall be deemed guilty of a misdemeanor; and shall, upon conviction in the Court of General Sessions, be punished by a fine of not less than five dollars ($5) nor more than forty-five dollars ($45).
110.26For provisions of health regulations applying to the use and occupancy of buildings and grounds used for residential purposes, see the D.C. Housing Code (DCMR 14).
110.27For provisions of health regulations applying to minimum width of dwelling, see Art. 202-05 of the D.C. Building Code (DCMR 12).