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DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS
CONSTRUCTION CODES COORDINATING BOARD
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The Director of the Department of Consumer and Regulatory Affairs (Director), on behalf of the Construction Codes Coordinating Board (Board), 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) and Mayor’s Order 2009-22, dated February 25, 2009, hereby gives notice of the adoption of the following emergency rulemaking to Title 12, “D.C. Construction Codes Supplement of 2008” of the District of Columbia Municipal Regulations (DCMR).
This emergency rulemaking is necessitated by recent publication in the Federal Register by the Federal Emergency Management Agency (FEMA) of a final notice of revised Flood Insurance Rate Map (FIRM) for the District of Columbia (75 Fed. Reg. 28,497-28,499 (May 21, 2010)).
The District Department of the Environment (DDOE), acting as the designated Floodplain Administrator pursuant to Mayor’s Order 2006-61, dated June 14, 2006, has promulgated proposed rulemaking to incorporate the FIRM into the District’s flood hazard regulations (Chapter 31, “Flood Hazard Rules,” of Title 20, “Environment,” of the DCMR) so as to ensure the District’s continued eligibility under the National Flood Insurance Program.
In addition to issuing the revised FIRM, FEMA also requires the District to expand its flood hazard regulations to cover any small sheds, retaining walls, in-kind replacement of private sidewalks and driveways, and certain pedestrian walkways and driveways located in the Special Flood Hazard Areas (SFHA), as delineated on the FIRM (44 C.F.R. §§ 60.3(a)(1)-(6)). These activities are currently exempted from building permit requirements under the District of Columbia Construction Codes and are not reviewed for compliance with the flood hazard regulations.
The emergency rulemaking will require a building permit from the Department of Consumer and Regulatory Affairs when the described work is to take place in a designated SFHA, even though the project would otherwise be exempt from the building permit requirements in 12A DCMR § 105.2.
Without the emergency rulemaking in place by the time the FIRM becomes effective on September 27, 2010, the District risks FEMA’s rejection of its proposed flood hazard regulations and subsequent disqualification from the National Flood Insurance Program (NFIP). Such a disqualification would result in District residents not being able to purchase flood insurance coverage from the federally-underwritten program. Obtaining coverage from private insurers is typically more difficult and more expensive than through the federal program.
DDOE anticipates that the expenses saved through participation in the NFIP will compensate for any additional construction costs resulting from subjecting these additional activities to the building permit and flood hazard regulation requirements.
This emergency rulemaking was adopted on July 15, 2010, to become effective September 27, 2010. The emergency rulemaking will remain in effect for no more than one hundred twenty (120) days, or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first.
The Director, on behalf of the Board, also hereby gives notice of the intent to submit the rules to the Council of the District of Columbia for a forty-five (45) day period of review pursuant to section 10(a) of the Act and will not take final rulemaking action until completion of the review period or Council approval of the rules by resolution before the end of the review period.
Chapter 1A (Administration and Enforcement) of Title 12A (D.C. Construction Codes Supplement of 2008 Building Code Supplement) of the District of Columbia Municipal Regulations is amended as follows:
Section 105A (Permits) is amended as follows:
Subsection 105.1.4 is amended to read as follows:
105.1.4 Building Permits. A building permit is required for the following activities:
1. New construction, including constructing, adding to or moving a building or structure;
2. Altering or repairing an existing building or structure;
3. Build-out the interior layout of a tenant space within a new building shell;
4. Repair fire damage to a building or structure;
5. Erect or replace a retaining wall;
6. Erect or replace a fence;
7. Erect or replace an awning, canopy, tent or other membrane structure, or similar structures;
8. Install or remove an underground storage tank;
9. Erect a radio, television, or other telecommunications tower;
10. Construct, alter, or repair a swimming pool;
11. Construct supporting structures for heavy equipment;
12. Underpinning;
13. Change of use or occupancy, increase in load or modification of floor layout of building or structure; and
14. Development in a Special Flood Hazard Area, as delineated on the Federal Emergency Management Agency’s Flood Insurance Rate Map and adopted by the District in 20 DCMR § 3101.2. For purposes only of this subsection and DCMR Title 20, Chapter 31, “development,” as defined in 20 DCMR § 3199.1, shall mean any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, streets and other paving, utilities, filling, grading, excavation, mining, dredging, drilling operations, storage of equipment or materials, and the subdivision of land.
The lead-in language in subsection 105.2 is amended to read as follows:
105.2 Work Exempted from Permit. The types of work listed in this section, in the amounts indicated hereafter, shall not require a permit, except as provided for in Sections 105.2.5 and 105.2.7. Work exempted from permit shall not include work in any piping system involving brazed, soldered, or welded joints. The code official is authorized to determine whether a limited scope of work, other than those listed hereafter, is exempted from permit requirement.
A new subsection 105.2.7 is added to read as follows:
105.2.7 Permit Exemptions not applicable in Special Flood Hazard Areas. When the proposed scope of work would qualify to be exempted from permit requirements pursuant to Section 105.2 of this chapter, and the work is to occur on the land designated as a Special Flood Hazard Area on the Federal Emergency Management Agency’s Flood Insurance Rate Map for the District (20 DCMR § 3101.2), a building permit shall be required.
Chapter 1G (Administration and Enforcement) of Title 12G (D.C. Construction Codes Supplement of 2008 Property Maintenance Code Supplement) of the District of Columbia Municipal Regulations is amended as follows:
Section PM-102G (Applicability) is amended as follows:
A new subsection PM-102.9 is added to read as follows:
PM-102.9 Special Flood Hazard Areas. The storage of equipment or materials that are listed as dangerous materials in 20 DCMR § 3106.2 or that will affect either the base flood elevation or the floodway in any Special Flood Hazard Area, as delineated on the Federal Emergency Management Agency’s Flood Insurance Rate Map for the District (20 DCMR § 3101.2), shall be required to obtain a building permit from the Department of Consumer and Regulatory Affairs (12A DCMR § 105A) and comply with the requirements of DCMR Title 20, Chapter 31.
Chapter 1H (Administration and Enforcement) of Title 12H (D.C. Construction Codes Supplement of 2008 Fire Code Supplement) of the District of Columbia Municipal Regulations is amended as follows:
Section F-102H (Applicability) is amended as follows:
A new subsection F-102.9 is added to read as follows:
F-102.9 Special Flood Hazard Areas. The storage of equipment or materials that are listed as dangerous materials in 20 DCMR § 3106.2 or that will affect either the base flood elevation or the floodway in any Special Flood Hazard Area, as delineated on the Federal Emergency Management Agency’s Flood Insurance Rate Map for the District (20 DCMR § 3101.2), shall be required to obtain a building permit from the Department of Consumer and Regulatory Affairs (12A DCMR § 105A) and comply with the requirements of DCMR Title 20, Chapter 31.
All persons desiring to comment on these proposed regulations should submit comments in writing to Helder Gil, Legislative Affairs Specialist, Department of Consumer and Regulatory Affairs, 1100 Fourth Street, SW, Room 5164, Washington, D.C. 20024, or via e-mail at helder.gil@dc.gov, no later than thirty (30) days after publication of this notice in the D.C. Register. Copies of the proposed rules can be obtained from the address listed above. A copy fee of one dollar ($1) will be charged for each copy of the proposed rulemaking requested. Free copies are available on the DCRA website at dcra.dc.gov by going to the “DCRA News” tab.
