6110338 Consumer and Regulatory Affairs, Department of - Notice of Proposed Rulemaking - 12-A DCMR 105 (Permits)

DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS
CONSTRUCTION CODES COORDINATING BOARD

 

NOTICE OF PROPOSED RULEMAKING

 

The Chairperson of the Construction Codes Coordinating Board (Chairperson), pursuant to the authority set forth in 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. & 2016 Supp.)) and Mayor’s Order 2009-22, dated February 25, 2009, as amended, hereby gives notice of the intent to adopt the following amendments to Chapters 1 (Administration and Enforcement) and 2 (Definitions) of Title 12 (Construction Codes Supplement of 2013), Subtitle A (Building Code Supplement of 2013), of the District of Columbia Municipal Regulations (DCMR).

 

This proposed rulemaking would revise provisions in the 2013 District of Columbia Building Code to exempt certain family mausoleums from building permit requirements. To clearly show the changes being made to the Construction Codes Supplement, additions are shown in underlined text and deletions are shown in strikethrough text.

 

The process for submitting comments on the proposed rulemaking is detailed on the final page of this Notice.

 

The Chairperson also hereby gives notice of the intent to take final rulemaking action to adopt this amendment. Pursuant to Section 10(a) of the Act, the proposed amendment will be submitted to the Council of the District of Columbia for a forty-five (45) day period of review, and final rulemaking action will not be taken until the later of thirty (30) days after the date of publication of this notice in the D.C. Register or Council approval of the amendment.

 

Title 12 DCMR, CONSTRUCTION CODES SUPPLEMENT OF 2013, Subtitle A, BUILDING CODE SUPPLEMENT OF 2013, is amended as follows:

 

Chapter 1, ADMINISTRATION AND ENFORCEMENT, Section 105, PERMITS, is amended as follows:

 

Insert the following exemption in Subsection 105.2 of the 2013 District of Columbia Building Code to read as follows:

 

14.       A one-story mausoleum not exceeding 250 square feet (23 m²) in footprint area provided the mausoleum (a) is of Type I or II construction; (b) does not contain any habitable space; and (c) does not require any utility connections.  Notwithstanding the applicability of this permit exemption, the person undertaking the proposed work shall comply with applicable requirements of the U.S. Commission of Fine Arts (Shipstead-Luce Act of 1930, Public Law 71-231 and Public Law 76-248; Old Georgetown Act of 1950, Public Law 81-808), and the Department of Energy and the Environment (Stormwater Management, Soil Erosion and Sediment Control, 21 DCMR Chapter 5).

 

Chapter 2, DEFINITIONS, Section 202, DEFINITIONS, is amended as follows:

 

Insert a new definition in Section 202 of the 2013 District of Columbia Building Code to read as follows:

 

MAUSOLEUM.  A permanent structure or building, located on burial grounds authorized pursuant to D.C. Official Code § 43-121, which is substantially exposed above the ground and used solely for the interment, entombment, or inurnment of human remains. 

 

 

All persons desiring to comment on these proposed regulations should submit comments in writing to Jill Stern, Construction Codes Coordinating Board Chairperson, Department of Consumer and Regulatory Affairs, 1100 Fourth Street, SW, Room 5100, Washington, D.C. 20024, or via e-mail at [e-mail], not later than thirty (30) days after publication of this notice in the D.C. Register. Persons with questions concerning this Notice of Proposed Rulemaking should call [phone].  Copies of the proposed rules can be obtained from the address listed above.  A copy fee of one dollar ($1.00) will be charged for each copy of the proposed rulemaking requested.