Section 25-D102. COMPLIANCE WITH FEDERAL AND DISTRICT LAWS


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    102.1The Department shall use these regulations to promote the safeguarding of public health and ensure that massage establishments and health spa facilities are safe and in compliance with Federal and District laws and regulations. The most current versions of the following District and Federal regulations are hereby incorporated by reference:

     

    (a)The District’s Construction Codes of 2008, consisting of the following International Code Council (ICC):

     

    (i)International Building Code (2006 edition) or most recent edition;

     

    (ii)International Mechanical Code (2006 edition) or most recent edition;

     

    (iii)International Plumbing Code (2006 edition) or most recent edition;

     

    (iv)International Fire Code (2006 edition) or most recent edition;

     

    (v)International Existing Building Code (2006 edition) or most recent edition;

     

    (vi)The NFPA National Electrical Code (2005 edition) or most recent edition;

     

    (vii) The District’s Construction Code Supplement of 2008 or most recent edition; and

       

    (viii) Title 12 of the District of Columbia Municipal Regulations. 

     

    (b)29 CFR § 1910.1030 – Part 1910 – Occupational Safety and Health Standard, Subpart Z – Toxic and Hazardous Substances.

     

    102.2In enforcing the provisions of these regulations, the Department shall assess the physical structure; operating systems, design, and operation and maintenance of equipment, furniture, devices, and fixtures of existing massage establishments and health spa facilities in use before the effective date of these regulations based on the following considerations:

     

    (a)Whether the facilities equipment, furniture, devices, or fixtures are in good repair and capable of being maintained in a sanitary condition; and

     

    (b)The existence of a documented agreement with the licensee that the facility’s operating systems, or equipment, devices, fixtures, linens, furnishings, garments, or other supplies will be replaced as specified in section 1210.6. 

     

authority

Section 4902 of the Department of Health Functions Clarification Act of 2001 (“Act”) (effective October 3, 2001), D.C. Law 14-28, D.C. Official Code § 7-731(a)(12) (2008 Repl.), and the Mayor’s Order 2006-10 dated January 27, 2006

source

Final Rulemaking published at 56 DCR 7975 (October 9, 2009)