6710 Technical Rulemaking for the District of Columbia Municipal Regulations
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OFFICE OF DOCUMENTS AND ADMINISTRATIVE ISSUANCES
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The Administrator of the Office of Documents and Administrative Issuances (ODAI), pursuant to the authority set forth in the District of Columbia Documents Act, effective March 6, 1979 (D.C. Law 2-153; D.C. Official Code § 2-611 et seq. (2006 Repl.), hereby gives notice of her adoption of an emergency rulemaking to amend to Chapter 3 of Title 1 of the District of Columbia Municipal Regulations. The purpose of the rulemaking is to outline technical changes made to the District of Columbia Municipal Regulations (DCMR) during the process of digitizing and updating the entire DCMR. The updating process included: inserting into the text of the regulations all of the outstanding amendments; updating terminology that had been changed pursuant to Mayor’s Orders, regulations, and the D.C. Code; recodifying several titles to ensure a uniform structure of the regulations; and updating numerous D.C. Code and D.C.M.R. citations. The recodification was necessary to provide clarity and a flexible codification structure for future regulations. This effort is the first phase and review to update the D.C.M.R. ODAI will continue to make updates and revisions to reflect changes made to the rules by rulemakings, orders, and code provisions. ODAI will continue to publish technical rulemakings to notify the public of any changes and updates in the future.
The emergency rulemaking was adopted on October 1, 2009 and will remain in effect for 120 days or until a Notice of Final Rulemaking for permanent rules has been published. There is an immediate need to issue these rules to protect the public welfare by amending existing rules to conform them to the new requirements of ODAI’s new e-rulemaking system that became effective October 1, 2009.
Additionally, the administrator gives notice of her intent to adopt these emergency and proposed rules as final in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.
The following subsections of 1 DCMR Chapter 3, Rules of the Office of Documents, are amended or repealed as follows:
300 OFFICE OF DOCUMENTS: GENERAL PROVISIONS
300.6 All publications of ODAI will be considered “published” when posted to the website
of the Office of the Secretary, http://os.dc.gov or www.dcregs.org. ODAI will contemporaneously retain a paper copy of each official electronic publication.
303.6 Repealed
306 SUBMISSION OF DOCUMENTS: PUBLICATION SCHEDULES, DEADLINES AND, SUBMISSION PROCEDURES.
306.1 All documents shall be submitted electronically by designated DC government agency personnel on the e-rulemaking system that can be found at www.dcregs.org.
306.8 Repealed
306.9 Repealed
306.10 Repealed
306.20 Requests for emergency publication shall be made in writing to DCdocuments&dc.gov.
307 FORMATTING AND PREPARATION OF DOCUMENTS
307.1 ODAI shall accept electronic submissions of documents. A person seeking to submit a document to ODAI shall sign onto the e-rulemaking system at www.dcregs.org and submit the document. Submissions should be in Microsoft Word format. Rulemaking submissions should adhere to the rules in §307.9-307.15 of this chapter.
307.9 All documents submitted for publication in the D.C. Register shall be submitted on the e-rulemaking system. Anyone wishing to submit documents must obtain a log-on and password from the Office of Documents and Administrative Issuances. The request for a log-on and password shall be submitted in writing to dcdocuments@dc.gov. The request shall include the name of the agency, the name of the person with rulemaking authority for the agency, and the contact information for the agency liaison requesting the information and access to the e-rulemaking system. The Administrator of ODAI will create the log-on and password for the rulemaking authority and deliver the information. The rulemaking authority may create additional profiles for his or her agency staff.
307.10 In place of a transmittal form, the agency drafter shall sign on to the e-rulemaking system with the drafter’s individual password. Electronic submissions will be taken as a confirmation that the document was submitted by the designated agency drafter. Any submissions not personally executed by the authorized official and submissions by those not legally vested with authority to adopt rules or attest to the adoption of rules by a rulemaking body will not be accepted.
307.11 The Office of the Attorney General will electronically submit approval of rulemakings to the Office of Documents and Administrative Issuances through the e-rulemaking system. Signed transmittal forms are no longer required by ODAI for electronic submissions on the e-rulemaking system. However, any paper submissions by offices unable to access the e-rulemaking system must be submitted with a transmittal form that contains the signature of the Office of the Attorney General or Agency Counsel, designated Assistant Attorney General, or approved agency counsel certifying that the substance of the text of the rule(s) has been reviewed and is, in the opinion of legal counsel, legally sufficient.
307.13 Certification of the form and contents of notices of proposed, final, and emergency rulemaking shall be made by the Office of Documents and Administrative Issuances, pursuant to the provisions of §§309 through 311 of this chapter.
307.14 The Administrator will not certify and publish rulemaking notices in the D.C. Register unless it is clear that the promulgator of the rule or proposed rule named on the electronic submission has legal authority to issue the rules.
307.15 Repealed
313 D.C. MUNICIPAL REGULATIONS: STRUCTURE AND FORMAT
313.1 The major divisions of the D.C. Municipal Regulations (DCMR) are titles, each of which brings together broadly related rules and regulations by subject matter categories.
313.2 Titles of the D.C. Municipal Regulations are designated by the Office of Documents and Administrative Issuances. Assignment of rules and regulations to the various titles of the D.C. Municipal Regulations by the Office of Documents and Administrative Issuances will be based on the structure set forth in §313.3.
313.3 The structure of the D.C. Municipal Regulations is the following:
1 MAYOR AND EXECUTIVE AGENCIES
3 ELECTIONS AND ETHICS
4 HUMAN RIGHTS
5 BOARD OF EDUCATION
SUBTITLE A: Office of the State Superintendent of Education (OSSE) (formerly parts of Title 5)
SUBTITLE B: District of Columbia Public Schools (DCPS) (formerly parts of Title 5)
SUBTITLE C: Charter Schools
SUBTITLE D: School Maintenance
SUBTITLE E: Former Title 5
6 D.C. PERSONNEL REGULATIONS
SUBTITLE A: Police Personnel (formerly Title 6A)
SUBTITLE B: Personnel (formerly parts of Title 6)
7 EMPLOYMENT BENEFITS
8 UNIVERSITY OF THE DISTRICT OF COLUMBIA & DISTRICT OF COLUMBIA LAW SCHOOL
SUBTITLE A: District of Columbia Law School (formerly Title 8A)
SUBTITLE B: University of the District of Columbia (formerly Title 8)
9 TAXATION AND ASSESSMENTS
10 PLANNING AND DEVELOPMENT
SUBTITLE A: Comprehensive Plan (formerly Part 1 of Title 10)
SUBTITLE B: Planning and Development (formerly Part 2 of Title 10)
SUBTITLE C: Historic Preservation (formerly 10A)
11 ZONING
12 CONSTRUCTION CODES
13 TECHNOLOGY (new title)
14 HOUSING
15 PUBLIC UTILITIES & CABLE TELIVISION
16 CONSUMERS, COMMERCIAL PRACTICES & CIVILINFRACTIONS
17 BUSINESS, OCCUPATIONS & PROFESSIONALS
18 VEHICLES & TRAFFIC
19 AMUSEMENTS, PARKS & RECREATION
20 ENVIRONMENT
21 WATER & SANITATION
22 PUBLIC HEALTH & MEDICINE
SUBTITLE A: Mental Health (formerly Title 22A)
SUBTITLE B: Health (formerly Title 22)
23 ALCOHOLIC BEVERAGES
24 PUBLIC SPACE AND SAFETY
25 FOOD AND FOOD OPERATIONS AND COMMUNITY HYGIENE FACILITIES
SUBTITLE A: Retail Food Code Regulations (formerly 25 DCMR)
SUBTITLE B: Food Processing Operations Code (formerly 25A DCMR)
SUBTITLE C: Swimming Pool and Spa Regulations (formerly Title 22 DCMR, Chapter 64)
SUBTITLE D: Massage Establishment and Health Spa Facility
SUBTITLE E: Barbering, Cosmetology, and Personal Grooming Facility Regulations
SUBTITLE F: Tanning Facility Regulations
SUBTITLE G: Tattoo, Body Art, and Body-Piercing Facility Regulations
SUBTITLE H: Bedding and Upholstered Furniture (formerly Title 22, chap.1, sec.115, 117)
SUBTITLE I: Health Nuisances, Rodent and Vector Control Regulations (formerly Title 22 DCMR, chapter 1, sections 100, 107)
SUBTITLE J: Animal Welfare and Facility Regulations (formerly Title 22, chap.1, sec. 103, 104, chap.7)
26 INSURANCE
SUBTITLE A: Insurance (formerly Title 26)
SUBTITLE B: Securities (formerly chapters 18,19, and 81 of Title 17)
SUBTITLE C: Banking (formerly Title 26A)
27 CONTRACTS AND PROCUREMENT
28 CORRECTIONS, COURTS & CRIMINAL JUSTICE
29 PUBLIC WELFARE
30 LOTTERY AND CHARITABLE GAMES
31 TAXICABS & PUBLIC VEHICLES FOR HIRE
Written comments on this proposed regulation should be submitted, in writing, to Mrs. Andrea Garvey, Director, Office of Documents and Administrative Issuances, 441 4th Street, N.W., Suite 520 South, Washington, D.C. 20001, via email to DCDocuments@dc.gov; or on the website at www.dcregs.org within thirty (30) days of the publication of this notice in the D.C. Register. Additional copies of this proposed regulation are available at the above address.
