5627084 Public Works, Department of - Notice of Proposed Rulemaking - Rules regarding Winter Sidewalk Safety

DEPARTMENT OF PUBLIC WORKS

 

NOTICE OF PROPOSED RULEMAKING

 

The Director of the Department of Public Works, pursuant to the authority set forth in Section 8 of An Act Providing for the removal of snow and ice from the paved sidewalks of the District of Columbia, effective March 11, 2015 (D.C. Law 20-211; 62 DCR 4482 (December 26, 2014); to be codified at D.C. Official Code § 9-607) (the Act), and Mayor’s Order 2015-174, dated June 25, 2015, hereby gives notice of intent to adopt a new Chapter 17 (Winter Sidewalk Safety) of Title 24 (Public Space and Safety) of the District of Columbia Municipal Regulations (DCMR).

 

The proposed rules provide guidance on compliance with the Act, set forth the penalty for failure to comply and establish a process by which a senior citizen or resident with a disability may self-certify his or her exemption from compliance. 

 

The Director also gives notice of the intent to adopt the following rules in not less than thirty (30) days after the publication of this notice in the D.C. Register and after the earlier of either the completion of the thirty-day (30) day period of Council review established by Section 8 of the Act, or the date upon which the rulemaking is deemed approved by Council.

 

Chapter 17, WINTER SIDEWALK SAFETY, of Title 24 DCMR, PUBLIC SPACE AND SAFETY, is added to read as follows:

 

CHAPTER 17 WINTER SIDEWALK SAFETY

 

1700                WINTER SIDEWALK SAFETY: GENERAL PROVISIONS

 

1700.1             Each owner of a commercial or residential building or property in the District shall remove snow and ice from any paved sidewalks, curb cuts, and curb ramps abutting the building or property within eight (8) hours of daylight after the snow or other precipitation has ceased falling, regardless of the source of the accumulation. 

 

1700.2             The owner may delegate this responsibility to a tenant, occupant, lessee, or other individual (referred to in this chapter as a “delegee”) by written agreement.

 

1701                DUTIES OF OWNER OR DELEGEE

 

1701.1             In carrying out his or her obligation under Section 1701, the owner or delegee shall:

 

(a)        Clear the entire width of the sidewalk or to a width of thirty-six inches (36ʺ), whichever is less.  If only a width of thirty-six inches (36ʺ) is required to be cleared under this paragraph, the owner or delegee shall ensure that the sidewalk is cleared in a continuous path.;

 

(b)        Clear all curb ramps that provide access to the sidewalk, regardless of the source of snow accumulation;

 

(c)        Clear all curb cuts abutting the property, regardless of the source of the snow accumulation; and

 

(d)       Place snow or ice in the tree box area or in the grassy area adjacent to the sidewalk.  If no tree box or grassy area is present, the owner shall place the snow or ice in the area of the sidewalk adjacent to the curb but not in the street or bicycle lane.

 

1701.2             If snow or ice cannot be removed without damaging the sidewalk, the owner or delegee shall cover the snow or ice with sand, sawdust, or another appropriate substance to render the sidewalk safe for pedestrian travel.

 

1702                PENALTIES FOR FAILURE TO COMPLY

 

1702.1             If the owner or delegee fails to properly remove or cover snow or ice within twenty-four (24) hours after the snow or other precipitation has ceased to fall, the Mayor or his or her designated agent may issue a notice of violation for the failure to comply with this section.

 

1702.2             No more than one (1) notice of violation may be issued within a twenty-four (24) hour period for the same property.

 

1702.3             The fine imposed for a violation shall be:

 

(a)        Twenty-five dollars ($25) for a residential property; and

 

(b)        One hundred and fifty dollars ($150) for a commercial property.

 

 1702.5            A notice of violation issued under this subsection shall be adjudicated        pursuant to the Litter Control Administration Act of 1985, effective March             25, 1986 (D.C. Law 6-100; D.C. Official Code §§ 8-801 et seq.).

 

1703                EXEMPTIONS FOR SENIOR CITIZENS AND DISABLED   PERSONS

 

1703.1             A residential property owner who is sixty-five (65) years of age or older or who is disabled shall be exempt from the provisions of this section.

 

1703.2             If such an owner is issued a notice of violation, it shall be a complete defense if the owner self-certifies that he or she is sixty-five (65) years of age or older or disabled, unless the District shows by a preponderance of the evidence that the certification is false or does not meet the standards set forth in Subsection 1703.1 of this section.

 

1703.3             For the purposes of this section an owner is disabled if the owner:

 

(a)        Has been determined to have a disability pursuant to a government assistance program; or

 

(b)        Has evidence from a medical doctor that he or she is unable to, or should not, undertake the physical activity require to remove ice or snow.

 

1703.3             For the purposes of the exemption set forth in this section, the property must be owner-occupied and residential. 

 

1799                DEFINITIONS

 

1799.1             For the purposes of this chapter, the following terms shall have the meanings ascribed:

 

Commercial property -  property that does not receive District government solid waste collection service.

 

Curb cut – a depression or opening in the curb along the traveled portion of a roadway created to permit the travel of motor vehicles from the roadway to property adjacent to the roadway.

 

Curb ramp – a ramp cutting through a curb or built up to the curb, generally designed to provide an accessible path to individuals with disabilities, such as a ramp leading from a roadway to a sidewalk.

 

Residential property - property that receives District government solid waste collection service (residential buildings containing three (3) or fewer dwelling units) as defined in 24 DCMR § 1399.1.

 

 

Comments on these proposed rules should be submitted, in writing, to Christine V. Davis, General Counsel, Department of Public Works, 2001 14^th St, N.W., 6^th Floor, Washington, D.C. 20009, within thirty (30) days after the date of publication of this notice in the D.C. Register. Questions may be directed to [phone] or [e-mail]. Additional copies of these proposed rules are available from the above address.