Chapter 1 Administration and Enforcement

12 DCMR A, Chapter 1 shall serve as the administrative and enforcement provisions for the Building Code, Residential Code, Electrical Code, Fuel Gas Code, Mechanical Code, Plumbing Code, Energy Conservation Code, Existing Building Code, Green Construction Code and Swimming Pool and Spa Code, except as otherwise provided herein. Administrative and enforcement provisions for the Property Maintenance Code and the Fire Code are set forth in 12 DCMR G, Chapter 1, and 12 DCMR H, Chapter 1, respectively.

Italicized words and terms shall have the meanings set forth in the International Codes or the Construction Codes Supplement.

Provisions in the appendices of the International Building Code shall not apply unless specifically adopted in the Construction Codes Supplement.

Chapter 1 of the International Building Code is deleted in its entirety. In its place, the provisions of 12 DCMR A, Chapter 1, shall apply to the Building Code and are incorporated by this reference.

The provisions of the Building Code shall apply to the construction, alteration, addition, repair, removal, demolition, use, location, movement, enlargement, occupancy and maintenance of all premises, including any buildings or other structures, and appurtenances attached to buildings or other structures in the District of Columbia, and shall apply to existing or proposed buildings and other structures, except as such matters are otherwise provided for in other ordinances or statutes or in the rules and regulations authorized for promulgation under the provisions of the Building Code. These regulations establish minimum standards: for maintenance of all structures; for basic equipment and facilities for light, ventilation, space heating and sanitation; for safety from fire; for space and location; for safe and sanitary maintenance of all structures now in existence; for minimum requirements for all existing buildings and other structures for means of egress, fire protection systems and other equipment and devices necessary for life safety from fire; for rehabilitation and reuse of existing structures; and for construction, alterations and repairs.

The purpose of the Building Code is to establish minimum requirements to safeguard the public health, safety, and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, accessibility, sustainability, and safety to life and property from fire and other hazards attributed to the built environment, and to provide safety to fire fighters and emergency responders during emergency operations.

Provisions in the appendices of the International Residential Code shall not apply unless specifically adopted in the Construction Codes Supplement.

Chapter 1 of the International Residential Code is deleted in its entirety. In its place, the provisions of 12 DCMR A, Chapter 1, shall apply to the Residential Code and are incorporated by this reference.

The provisions of the Residential Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures.

The purpose of the Residential Code is to establish minimum requirements to safeguard the public health, safety, and general welfare through affordability, structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment, and to provide safety to fire fighters and emergency responders during emergency operations.

The D.C. Electrical Code (2013), hereinafter referred to as the "Electrical Code," shall consist of the 2011 edition of the National Electrical Code ("National Electrical Code") published by the National Fire Protection Association ("NFPA") as amended by the Construction Codes Supplement (12 DCMR C, Electrical Code Supplement).

The D.C. Fuel Gas Code (2013), hereinafter referred to as the "Fuel Gas Code," shall consist of the 2012 edition of the International Fuel Gas Code ("International Fuel Gas Code"), as amended by the Construction Codes Supplement (12 DCMR D, Fuel Gas Code Supplement).

The D.C. Mechanical Code (2013), hereinafter referred to as the "Mechanical Code," shall consist of the 2012 edition of the International Mechanical Code ("International Mechanical Code"), as amended by the Construction Codes Supplement (12 DCMR E, Mechanical Code Supplement).

The D.C. Plumbing Code (2013), hereinafter referred to as the "Plumbing Code," shall consist of the 2012 edition of the International Plumbing Code ("International Plumbing Code"), as amended by the Construction Codes Supplement (12 DCMR F, Plumbing Code Supplement).

The D.C. Property Maintenance Code (2013), hereinafter referred to as the "Property Maintenance Code," shall consist of the 2012 edition of the International Property Maintenance Code ("International Property Maintenance Code") as amended by the Construction Codes Supplement (12 DCMR G, Property Maintenance Code Supplement).

The D.C. Fire Code (2013), hereinafter referred to as the "Fire Code," shall consist of the 2012 edition of the International Fire Code ("International Fire Code"), as amended by the Construction Codes Supplement (12 DCMR H, Fire Code Supplement).

The D.C. Energy Conservation Code (2013), hereinafter referred to as the "Energy Conservation Code," shall consist of the 2012 edition of the International Energy Conservation Code ("International Energy Conservation Code"), as amended by the Construction Codes Supplement (12 DCMR I, Energy Conservation Code Supplement).

The D.C. Existing Building Code (2013), hereinafter referred to as the "Existing Building Code," shall consist of the 2012 edition of the International Existing Building Code ("International Existing Building Code"), as amended by the Construction Codes Supplement (12 DCMR J, Existing Building Code Supplement).

The D.C. Green Construction Code (2013), hereinafter referred to as the "Green Construction Code," shall consist of the 2012 edition of the International Green Construction Code ("International Green Construction Code"), as amended by the Construction Codes Supplement (12 DCMR K, Green Construction Code Supplement).

The D.C. Swimming Pool and Spa Code (2013), hereinafter referred to as the "Swimming Pool and Spa Code," shall consist of the 2012 edition of the International Swimming Pool and Spa Code ("International Swimming Pool and Spa Code"), as amended by the Construction Codes Supplement (12 DCMR L, Swimming Pool and Spa Code Supplement).

The Construction Codes shall not apply to public premises, including any buildings or other structures, owned by the United States government, including appurtenant structures and portions of premises, buildings, or other structures, that are under the exclusive control of an officer of the United States government in his or her official capacity.

The Construction Codes shall apply to those buildings occupied by or for any foreign government as an embassy or chancery to the extent provided for in Section 206 of the Foreign Missions Act, approved August 24, 1982 [96 Stat. 286; D.C. Official Code § 6-1306(g) (2012 Repl.)], that is, foreign missions shall substantially comply with the Construction Codes as required by the U.S. Secretary of State in a manner determined by the Secretary not to be inconsistent with the international obligations of the United States. Notwithstanding the foregoing, a permit shall be required for all land-disturbing activities or major substantial improvement activities as defined by 21 DCMR, Chapter 5.

No permit required under the Construction Codes shall be issued if it is determined by the code official, defined in Section 103.1 of the Building Code, that:

1. The permit affects an area in close proximity to the official residence of the President or Vice President of the United States; and
2. The United States Secret Service has established that the issuance of the permit would adversely impact the safety and security of the President or the Vice President of the United States.

The Construction Codes shall apply to structures, including, but not limited to, piers, wharves, jetties, slips, boat storage facilities, marinas, and pilings, located in or adjacent to any river or body of water within the limits of the District of Columbia. Notwithstanding the foregoing, work affecting navigable waters may also require a permit from the U.S. Army Corps of Engineers pursuant to the Rivers and Harbors Appropriation Act of 1899, effective March 3, 1899 [30 Stat. 1151; 33 U.S.C. § 401 (2007)].

Unless otherwise provided herein, or in the Construction Codes Act, the Construction Codes Supplement shall take precedence over the International Codes, including standards and amendments.

     No provision of the Construction Codes shall be deemed to modify or amend any provision of the Zoning Regulations of the District of Columbia (11 DCMR), as amended, or any relief granted or order issued pursuant thereto (collectively, the "Zoning Regulations"), nor shall any provision of those Zoning Regulations be deemed to modify or amend any provision of the Construction Codes. Where a provision of the Construction Codes is deemed to be in conflict with any provision of the Zoning Regulations, then a waiver of the applicable provision of the Construction Codes must be sought from the code official or there must be relief granted pursuant to the applicable provisions of the Zoning Regulations.

Where, in any specific case, different sections of the Construction Codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. When there is a conflict between a general requirement and a specific requirement within the Construction Codes, the specific requirement shall be applicable.

If conflict arises between the provisions of the Construction Codes Act and the Construction Codes Supplement, the International Codes, or their referenced standards, the provisions of the Construction Codes Act shall take precedence. If conflict arises between the Construction Codes Supplement, the International Codes, and their referenced standards:

1. The provisions of the Construction Codes Supplement shall take precedence over the International Codes and their referenced standards.
2. The provisions of the International Codes, other than their referenced standards, shall take precedence over their referenced standards.

Any illegal or void part of the Construction Codes shall be severed from the remainder of the Construction Codes by the court holding such part illegal or void, and the remainder of the Construction Codes shall remain effective.

The invalidity of any provision in any section of the Construction Codes as applied to existing buildings and other structures shall not be held to affect the validity of such section in its application to buildings and other structures erected after the effective date of the Construction Codes.

The code official shall have the authority to delegate his or her duties and powers under the Construction Codes, but he or she shall remain responsible for the proper performance of those duties and powers.

Where used herein the word "Department" shall refer to the Department of Consumer and Regulatory Affairs, except that references to "Department" in the Fire Code shall refer to the D.C. Fire and Emergency Medical Services Department ("Fire Department").

The code official is authorized to designate an employee or employees as deputy who shall exercise powers of the code official during the temporary absence or disability of the code official, as delegated.

The code official shall have the authority to promulgate from time to time administrative bulletins that shall be effective upon publication in the D.C. Register. Administrative bulletins shall be titled, numbered, and dated. Administrative bulletins shall be publically available at the Department's permit center and shall be posted on the Department's website. The code official shall maintain on the Department's website the same administrative bulletins as available at the Department's permit center.

Any suit instituted against the code official or any official or employee of the Department because of an act performed in the discharge of official duties and under the provisions of the Construction Codes, or by reason of any act or omission while performing official duties in connection with the Construction Codes, shall be defended by the Office of the Attorney General for the District of Columbia until the final termination of legal proceedings.

The code official and any official or employee of the Department shall not be personally liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of the Construction Codes.

Any official or employee of the Department, acting in good faith and without malice, shall be free from liability for acts performed under the provisions of the Construction Codes, or by reason of any act or omission while performing official duties in connection with the Construction Codes.

The use of used materials which meet the requirements of the Construction Codes for new materials is permitted. Used equipment and devices shall not be reused unless approved by the code official.

Where materials, assemblies or products are required by the Construction Codes to be labeled, those materials, assemblies or products which are not labeled, listed or classified by an approved testing agency and which are proposed to be installed in the District of Columbia, shall be tested and labeled by an approved testing laboratory or shall be approved in accordance with Sections 1701 and 1703 of the Building Code at the expense of the applicant, before a permit can be granted for this installation.

Any mechanical or electrical appliance which is not labeled, listed or classified by an approved testing agency, which is an assembly of individually labeled or listed subassemblies or components and which is proposed to be installed in the District of Columbia, shall be tested and approved in accordance with Section 104.9.2 of the Building Code, before a permit can be granted for its installation.

Before erecting or installing in the District of Columbia any factory assembled structure, manufactured at a remote site and transported in one or more sections, a complete set of drawings shall be submitted for review prior to the issuance of a building permit. These drawings shall include a certificate of approval by a factory inspection agency that has been approved by the code official. The drawings shall be submitted to the code official for plan review and permitting and shall include a set of the manufacturer's installation specifications and designate the applicable portions of construction that are required to have field inspection by the code official, including all utility connections, the marriage line connections and the foundation plate nailing patterns. These drawings shall be stamped by a structural engineer or architect licensed in the District of Columbia, and include the site constructed or assembled foundation system details and specifications. Separate permits issued by the Department for plumbing, mechanical, and electrical connections shall be required. Inspections of all work conducted on site shall be in accordance with Section 109. Prior to placement of the factory assembled structure on a footing and foundation, all required footing and foundation inspections shall require approval by the code official, including the footing drains and any required waterproofing.

The code official shall not grant modifications to any provision required in flood hazard areas as established by Section 1612.3 unless a determination has been made that:

1. A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section 1612 inappropriate.
2. A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable.
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.
4. A determination that the variance is the minimum necessary to afford relief, considering the flood hazard.
5. Submission to the applicant of written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property.

The application for modification shall be submitted on a form provided by the Department and sealed by the registered design professional if applicable. The final decision of the code official shall be in writing and shall be officially recorded with the application for permit in the permanent records of the Department.

Any verbal waiver or verbal permission to deviate from or violate any provision of the Construction Codes is null and void.

Supporting data, where necessary to assist in the approval of materials, equipment or methods of construction not specifically provided for in the Construction Codes shall consist of valid research reports from sources approved by the code official.

Whenever there is insufficient evidence of compliance with the provisions of the Construction Codes, or evidence that a material, equipment or method of construction does not conform to the requirements of the Construction Codes, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests as evidence of compliance to be made at no expense to the government of the District of Columbia. Test methods shall be specified in the Construction Codes or by other recognized and accepted test standards in the industry. In the absence of recognized and accepted test methods, the code official is authorized to approve appropriate testing procedures. Tests shall be performed by an agency approved by the code official. Reports of such tests shall be retained by the code official for the period required for retention of public records.

For the purposes of the Construction Codes, permits issued by the Department shall be classified as follows:

Authorized construction hours permitted in the District of Columbia, for work conducted under a permit, are from 7 a.m. to 7 p.m. Mondays through Saturdays, excluding legal holidays.

Any request to work pursuant to a permit beyond permitted construction hours shall be made by application to the code official and shall be subject to noise regulations set forth in 20 DCMR. No after-hours permit shall be issued for work in an area zoned "residential" under the Zoning Regulations then in effect, or in an area within 500 feet (152 400 mm) of such residential zone, or within 500 feet (152 400 mm) of a building with sleeping quarters, unless the code official determines that not issuing such permit would pose a threat to public safety, health and welfare.

The District of Columbia has established a Special Flood Hazard Area, as delineated on the Federal Emergency Management Agency's Flood Insurance Rate Map and adopted by the District at 20 DCMR § 3101.2. For purposes only of this subsection and 20 DCMR, 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, filing, grading, excavation, mining, dredging, drilling operations, storage of equipment or materials, and the subdivision of land.

In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the code official is authorized, upon application therefore, to issue an annual permit allowing alterations to such installations to any person, firm or corporation regularly employing one or more qualified tradespersons in the building, other structure or on the premises owned or operated by the applicant for the permit.

Electrical, mechanical, plumbing, and fuel work requiring a permit shall be performed, as applicable, by a licensed electrician, plumber, gas-fitter, and/or refrigeration and air-conditioning mechanic licensed pursuant to D.C. Official Code § 47- 2853.01 et seq. (2012 Repl.)

Before a raze permit is issued, the owner of the building or other structure to be razed, or the owner's agent, shall post and maintain a notice furnished by the code official on the façade fronting on the public street of the building or other structure as designated by the code official, so as to be visible from the public way. The raze permit shall not be issued by the code official until at least 30 days after the date the notice is posted on the building or other structure. This notification requirement shall not apply to any emergency raze ordered by the code official. Violations of this subsection shall be deemed a Class 3 infraction pursuant to 16 DCMR § 3200.

When necessary to make emergency repairs or replacements to buildings, other structures or systems, an application for a permit to cover all emergency work shall be submitted no later than the first business day following the performance of such emergency work.

The permit, or a copy thereof, shall be kept on the work site and conspicuously displayed at a location visible from the street until the completion of the project.

The code official is authorized to deny permits pursuant to D.C. Official Code § 6-1408.01 (2012 Repl.).

To the extent that the code official is designated as the permitting and enforcement official for signs, pursuant to any District of Columbia laws and regulations, including, but not limited to, the Sign Regulation Emergency Amendment Act of 2012, enacted July 11, 2012 (D.C. Act 19-387; 59 DCR 8491), any substantially similar successor legislation; Section 1 of An Act To regulate the erection, hanging, placing, painting, display, and maintenance of outdoor signs and other forms of exterior advertising within the District of Columbia, approved March 3, 1931 [46 Stat. 1486; D.C. Official Code § 1- 303.21 (2012 Repl)], and Mayor's Order 2011-181, dated October 31, 2011 ("Sign Legislation"), the duties and powers of the code official shall be governed by (a) Chapter 1, 12 DCMR A and (b) Chapter 1, 12 DCMR G, including, but not limited to, the code official's authority to receive applications, to review submittal documents and issue permits, to institute administrative and legal actions to correct violations or infractions, and to inspect premises.

A permit shall not be issued for a major substantial improvement activity (as defined by 21 DCMR, Chapter 5) or a land-disturbing activity regulated by 21 DCMR, Chapter 5, until the submitted plans reflect the pertinent features approved by the official charged with the administration and enforcement of 21 DCMR, Chapter 5, and the requirements of D.C. Law 5-188, Water Pollution Control Act of 1984, as amended.

Permits are not required for ordinary repairs to buildings, other structures or equipment. Ordinary repairs shall not include:

1. The cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; or
2. Addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

A permit shall not be required under the Construction Codes for the installation, alteration or repair of equipment and facilities used for generation, transmission, distribution, metering or treatment that is under the ownership or control of public service agencies subject to the jurisdiction of the Public Services Commission or DC Water.

When the proposed scope of work would qualify to be exempted from permit pursuant to Section 105.2 of this chapter, and the work is to occur on the land of or the exterior of buildings or other structures located in historic districts, or of historically designated buildings or other structures, an application for a building permit pursuant to Section 105.1 shall be required for the following work described in Section 105.2.

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 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.

The code official shall examine or cause to be examined all applications for permit and amendments to applications within a reasonable time after filing. The code official may reject an application at the time of filing if the application and required supporting documents are not substantially complete. If deficiencies in the application, plans or other supporting documents are discovered during processing, the code official is authorized, in his or her discretion, to give the applicant an opportunity to correct the deficiencies prior to taking action to approve or reject the application. If the application or the plans do not conform to the requirements of all pertinent laws, the code official is authorized to reject such application. The code official shall state the reasons for the rejection in writing, citing specific sections of the Construction Codes, and stating the applicant's right of appeal under Section 112. If the code official is satisfied that the proposed work conforms to the requirements of the Construction Codes and all applicable laws, rules, and regulations, the code official shall issue a permit as soon as practicable.

The code official may refuse to issue a permit if the owner, applicant, or responsible officer has outstanding fines or penalties imposed under the Construction Codes, or if the code official determines that the owner, applicant, or responsible officer is in violation of any provision of the Construction Codes.

Application for a permit shall be made by the owner or lessee of the premises, including any building or other structure, or by the authorized agent of either. The licensed engineer, architect or interior designer employed in connection with the proposed work shall be allowed to submit an application for a building permit on behalf of the owner or lessee if an authorized agent.

The code official is authorized to issue a partial permit for earth retention or the construction of foundations before the entire plans and specifications for the whole building or other structure have been submitted, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the Construction Codes. Issuance of a partial permit by the code official does not constitute assurance that a permit for the entire structure will be granted. The holder of such partial permit for earth retention or foundations will proceed with the construction at the holder's own risk and without assurance that a permit for the entire structure will be granted.

When the code official issues a permit, the submittal documents shall be approved, in writing or by stamp, as "Approved." Unless submitted electronically, one set of approved submittal documents so reviewed shall be retained by the code official and the other sets shall be returned to the applicant; at least one approved set shall be kept at the work site and shall be open to inspection by the code official.

The code official's signature shall be attached to every permit; or the code official may authorize a subordinate to affix a facsimile of the code official's signature to permits. The code official's signature shall not be construed as indicating that the construction complies with any other requirement of District law or regulation other than the Construction Codes and the Zoning Regulations. The permit does not grant a waiver of the maximum height allowed under An Act To regulate the height of buildings in the District of Columbia, approved June 1, 1910 [36 Stat. 452; D.C. Official Code §§ 6-601.01 to 6-601.09 (2012 Repl.)], unless expressly indicated on the permit.

An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued. The code official is authorized to grant a maximum of two extensions of time for agency consideration of a permit application, not exceeding 180 days each, provided that the extension is requested in writing and justifiable cause demonstrated. Refunds of the unused portion of the application file deposit shall be made pursuant to Section 108.6.

The holder of a valid active building permit shall be authorized to amend it or to amend the plans, application or other records pertaining to the permit by filing, at any time before completion of the work for which the original permit was issued, an application for revision of a building permit, accompanied by a copy of the originally approved submittal documents and, unless submitted electronically, by two sets of the revised plans. Once such amendments are approved and the revised permit is issued, it shall be deemed part of the original permit and shall be kept therewith in the official records of the Department. A revision permit shall become invalid upon expiration of the original building permit it amends. The extension provisions of Section 105.5.1 shall apply to the original building permit and shall only affect the respective revision permits to the extent that the original building permit is extended.

While applications are pending for processing and after issuance of a permit, applicants and permit holders are required to update the electronic mailing address provided in the underlying permit application as specified in Section 105.3, Items 8 and 11.

All design for new construction work, alteration, repair, expansion, addition or modification work involving the practice of professional architecture or engineering, as defined by applicable District of Columbia laws, shall be prepared by registered architects or professional engineers licensed to practice in the District of Columbia. All plans, computations, and specifications required for a building permit application for such work shall be prepared by or under the direct supervision of a registered architect or professional engineer and shall bear the architect's or engineer's signature and seal in accordance with the laws of the District of Columbia. Plans for non-structural alterations and repairs of a building, including the layout of interior spaces, which do not adversely affect any structural member or any part of the structure having a required fire resistance rating, or the public safety, health or welfare, and which do not involve the practice of engineering as defined by applicable District of Columbia laws, shall be deemed to comply with this section when such plans are prepared, signed and sealed by an interior designer licensed and registered in the District of Columbia in accordance with applicable District of Columbia laws.

In order to foster green building development and encourage the District's sustainability goals, including resource conservation and increased energy and water efficiency, the code official is authorized to develop incentives for projects which meet voluntary green building standards as set forth in the Department's Administrative Bulletins. Such incentives may include, but are not limited to, expedited permit processing.

A permit may be extended upon written request, prior to expiration and upon a showing of good cause. The code official is authorized to grant extensions of time not to exceed 180 days per extension. Not more than four extensions of time will be granted to any permit. The code official may issue an extension for a period of 365 days upon demonstration of need at the time of extension application, but, in no event, shall the aggregate extensions of time exceed two years.

Where a permit holder transfers a premises, including any building or other structure, for which an unexpired permit has been issued, except where restricted by Section 113.9, the permit may be transferred to the new owner, upon application by the new owner in a form specified by the code official. Permits for installations related to electrical, gas, mechanical, plumbing, elevator and fire protection systems are not transferable.

Revocations based on items 1, 2, 4, 5, 6 or 7 of Section 105.6 are proposed actions and shall become final upon occurrence of one of the following conditions:

1. If the permit holder fails to request a hearing from: (a) the Office of Administrative Hearings within 15 business days of receipt after service pursuant to Section 105.6.3 of the notice of revocation with respect to violations of the Construction Codes; or (b) the Board of Zoning Adjustment within 60 days of receipt after service pursuant to Section 105.6.3 of the notice of revocation with respect to violations of the Zoning Regulations; or
2. If the Office of Administrative Hearings or Board of Zoning Adjustment finds that grounds exist to revoke the permit following a hearing requested by the permit holder pursuant to Section 105.6.4.

Except as provided in Section 105.6.1.1, the permit holder shall be provided, pursuant to Section 105.6.3, written notice of the code official's order to revoke the permit. This notice shall include the following:

1. A copy of the written order;
2. A statement of the grounds for the action taken, citing the provisions of the D.C. Official Code, the Construction Codes or the Zoning Regulations which have been violated; and
3. A statement advising the permit holder of the right to appeal the revocation in accordance with Section 105.6.4.

The code official shall effect service of a notice to revoke a permit by one of the following methods:

1. Personal service on the permit holder or the permit holder's agent;
2. Delivering the notice to the last known home or business address of the permit holder as identified by the permit application, the tax records, or business license records, and leaving it with a person over the age of 16 years old residing or employed therein;
3. Mailing the notice, via first class mail postage prepaid, at least 10 days prior to the date of the proposed action, to the last known home or business address of the permit holder or the permit holder's agent as identified by the permit application, the tax records, or business license records; or
4. If the notice is returned as undeliverable by the Post Office authorities, or if no address is known or can be ascertained by reasonable diligence, by posting a copy of the notice in a conspicuous place in or about the structure affected by such notice.

The permit holder may request a hearing by the Office of Administrative Hearings or the Board of Zoning Adjustment as provided below.

The code official shall require adequate details of structural, accessibility, fire protection, electrical, fuel gas, mechanical, plumbing, energy conservation, and green building provisions to be filed, including computations, stress diagrams, sound transmission details and other technical data essential to assess compliance with the Construction Codes, as further specified in this Section 106.

The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress, including the path of the exit discharge to the public way, in compliance with the provisions of the Construction Codes. In occupancies other than Group R-2, R-3 and I-1 occupancies, the construction documents shall designate the number of occupants to be accommodated on every floor and in all rooms and occupiable spaces.

The construction documents for all buildings shall describe the exterior wall envelope, roof envelope and building thermal envelope in sufficient detail to determine compliance with the Construction Codes. The construction documents shall provide details of the exterior wall and roof envelope as required, including materials, flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane, details around openings, fire-resistive construction and fire-resistive protection of wall openings, wall cavities and intersections with floor assemblies, as applicable.

Before a permit is issued and before work can begin, structural documents shall be submitted in accordance with Section 1603 of the Building Code, showing the complete design, with sizes, sections, and relative locations of various structural members, floor elevations, column, or bearing wall centers, and beam or joint sizes and spacings. Documents shall be drawn to scale large enough to convey the information adequately. The code official shall have the right to require that the structural computations for the structure be submitted for review.

The applicant shall provide plans and schedules of sufficient detail showing the applicable features and characteristics of all fire protection systems components for any system required by the Construction Codes or otherwise proposed to be installed. The construction documents shall show the location and type of all fire alarm devices, fire alarm control equipment and panels, fire alarm primary and backup power sources. Construction plans containing fire protection systems data shall be drawn to a scale of not less than ¹/₈ inch to the foot (10 mm/m). The construction documents shall include sufficient information and detail to adequately describe the elements of any smoke control systems including equipment location and engineering needs as required by the Construction Codes. The construction documents shall show the standpipes and automatic sprinkler system infrastructure, including the location, size and type of risers, valves, flow and pressure sensors, Siamese connections, fire pump, jockey pump, pump controllers, pump test pipes and other appurtenances of the system, as applicable. The type of sprinkler system and areas and openings requiring special coverage shall be so noted on the construction documents. The construction documents shall show details of other fire suppression systems, including gaseous and kitchen hood systems. The construction documents shall show capacities and loads of the means of egress, maximum travel distances at every floor, remoteness between exits, fire resistance rating of structural members, floors and walls enclosing means of egress, rating of fire doors and fire dampers, fire stop penetration details at rated wall and floor assemblies, location and type of exit signs and emergency lighting. Construction documents for work in part of an existing building shall include a scoping document listing all floors of the building and the extent to which each floor is protected with an automatic fire suppression system.

The applicant shall provide plans and schedules of sufficient detail showing the applicable features and characteristics of all conveying systems components for any system required by the Construction Codes or otherwise proposed to be installed. These plans and schedules shall be drawn to a scale of not less than ¹/₈ inch to the foot (10 mm/m). The construction documents shall clearly show:

1. The location, overall dimensions and type of all vertical transportation systems;
2. The location and type of elevator lobby smoke detectors, other smoke detectors for elevator recall, as well as other fire alarm and fire suppression devices proposed to be installed in elevator machine rooms, elevator pits and top of elevator hoistways and shall include a sequence of elevator operation in emergency mode when such fire detection equipment is activated;
3. The primary and backup power sources for the elevator equipment and shall define the primary and secondary levels of elevator recall;
4. Clearances at top and bottom of hoistway and at elevator equipment spaces, minimum interior dimensions of cabs, provisions for access to elevator pits, provisions for drainage of elevator pits, provisions for illumination and electric power in elevator machine rooms, elevator hoistways, elevator pits and elevator equipment spaces shall be shown on the construction documents, as applicable; and
5. The location of provisions for emergency disconnect of elevator power in elevator pits, elevator machine rooms and elevator equipment spaces, and shall show the location of sprinkler valves and sprinkler flow sensors for systems serving elevator machine rooms and hoistways, as required.

The applicant shall provide plans and schedules of sufficient detail and clarity showing the location and capacity of all lighting facilities, electrically operated equipment and electrical circuits required for all service equipment of the building or other structure. These plans and schedules shall be drawn to a scale of not less than ¹/₈ inch to the foot (10 mm/m). All electrically controlled devices, including signal, communicating and lighting systems and associated wiring, wherever required under the provisions of the Construction Codes, shall be shown on the electrical plans for the following purposes:

1. Places of public assembly and education and control of emergency lighting systems in accordance with Section 1006 and hazardous uses requirements in Chapter 4 of the Building Code.
2. Stairway and exit illumination in accordance with Section 1205 and Section 1006 of the Building Code, "Exit" sign lighting circuits in accordance with Section 1011 of the Building Code, and elevator car illumination in accordance with Chapter 30 of the Building Code.
3. Electrical equipment and control of heating, refrigerating and ventilating machinery and devices in accordance with the Mechanical Code.
4. Fire protective signaling systems, automatic fire detection systems, fire department communications and supervisory services in accordance with Sections 901.6 through 901.6.3 of the Building Code and Section 907 of the Building Code.
5. Wiring of signs in accordance with 13 DCMR, and telecommunication and broadcast towers in accordance with Section 3108 of the Building Code.
6. Power control electric operation and circuit wiring of elevators, escalators and other conveying systems in accordance with Chapter 30 of the Building Code.
7. Illumination of spaces intended for human occupancy in accordance with Section 1205 of the Building Code.
8. Backup emergency and standby power systems.
9. Lighting intensity levels along all required paths of egress.
10. All fire stop penetration details at rated wall and floor assemblies.

The applicant shall provide construction documents, engineering calculations, diagrams and other data, which shall be of sufficient clarity to indicate the location, nature and extent of the fuel gas work proposed and show in detail that the work conforms to the provisions of the Construction Codes. These documents shall be drawn to a scale of not less than ¹/₈ inch to the foot (10 mm/m). Construction documents shall indicate where penetrations will be made for installations and shall indicate fire stop penetration details at rated wall and floor assemblies.

The applicant shall provide diagrammatic mechanical equipment or system and mechanical plans, which shall show the location and arrangement of the mechanical equipment, fuel systems, ductwork and appurtenances, including safety and pressure- controlling devices. The plans shall be drawn to a scale of not less than ¹/₈ inch to the foot (10 mm/m). The plans shall show in sufficient detail the relevant features and clearances of the appliances and systems, including: fire stop penetration details at rated wall and floor assemblies, and size and type of apparatus; construction of flue, stack or chimney; stack connections; type of fuel; method of operation; and the method of compliance with all the applicable regulations for the class and type of equipment installed.

The applicant shall provide plans of each floor and of a typical floor showing the complete plumbing system layout, all plumbing fixtures, total Drainage Fixture Unit (DFU) values, the water supply piping layout, together with building sections showing vertical and diagrammatic elevations of the soil, waste, vent and water supply lines with traps and valves, and the location and size of the public sewer or other disposal system. These plans shall be drawn to a scale of not less than ¹/₈ inch to the foot (10 mm/m). The plumbing plans shall show in sufficient detail: the layout and spacing of fixtures; the size, material and location of the building and storm sewers and drains; and the soil, waste, vent and water supply piping and the method or equipment proposed to prevent cross contamination, backflow and fire stop penetration details at rated wall and floor assemblies.

The applicant shall provide plans and schedules of sufficient clarity to indicate the location, nature and extent of the work proposed and show in sufficient detail pertinent data and features of the building and the equipment and systems as herein governed, including, but not limited to:

1. Design criteria, exterior envelope component materials, insulation materials and their R-values;
2. Fenestration U-factors and SHGCs;
3. Area-weighted U-factor and SHGC calculations; mechanical system design criteria;
4. Mechanical and service water heating system and equipment types, sizes and efficiencies;
5. Economizer description; equipment and system controls;
6. Fan motor horsepower (hp) and controls;
7. Duct sealing, duct and pipe insulation and location;
8. Lighting fixture schedule with wattage and control narrative;
9. Air sealing details; and
10. Other pertinent data to indicate compliance with the requirements of the Energy Conservation Code and relevant laws, ordinances, rules and regulations, as determined by the code official.

These plans and schedules shall be drawn to a scale of not less than ¹/₈ inch to the foot (10 mm/m) upon suitable material. The submittal documents and designs submitted under the provisions of Chapter 4 of the Energy Conservation Code shall be prepared by a registered design professional.

The applicant shall provide to the Zoning Division of the Department plans showing orientation of the property as to North, drawn to a scale indicated numerically as well as depicted graphically, and the following:

1. The shape, dimensions and topography of the lot to be built upon, in sufficient detail to allow determination of heights above existing and proposed finished grade of all proposed structures, so as to allow determination of compliance with pertinent height limitations of the Zoning Regulations.
2. The width of all public streets and public rights-ofway contiguous to the lot, with elevations at measuring points along them sufficient to determine compliance with the An Act To regulate the height of buildings in the District of Columbia, approved June 1, 1910, as amended, [36 Stat. 452; D.C. Official Code § 6-601.05 (2012 Repl.)].
3. The shape and location in plan of all existing and proposed structures, fully dimensioned, including orientation and distances to lot lines so as to define without ambiguity the dimensions and location of said structures.
4. The elevations of all existing and proposed structures fully dimensioned so as to define without ambiguity the dimensions of said structures.
5. The parking and loading plans and the basis for computation of the facilities shown on those plans.
6. A Zoning Data Summary of the project including, as applicable, at least the following data: lot width, area of the lot, percentage of lot occupancy, height of the structure and the location and elevation of the height measurement reference points, gross floor area for each floor level, area of basement, area of cellar, proposed Floor Area Ratio, areas dedicated to each use, width of any proposed side yard, rear yard or court, number of standard and compact parking spaces and dimensions of loading berths and delivery loading spaces.
7. Other information necessary to determine compliance with the Zoning Regulations.

The applicant shall provide an official building plat issued by the D.C. Office of the Surveyor, in duplicate or by electronic submission, with applications for permit involving any of the following:

1. Erection of a new building or other structure.
2. Addition to an existing building.
3. Permanent construction higher than 48 inches (1219 mm) above grade, outside the footprint of existing buildings.
4. Construction or alteration of projections into public space.
5. Erection of retaining walls higher than 48 inches (1219 mm).
6. Establishment of a new parking lot, regardless of the amount of work involved.

When relevant to the scope of work, the permit applicant shall secure from DC Water the location and other necessary details regarding water and sewer mains to serve the premises to be permitted and shall submit this information with the permit application to the code official.

The applicant shall provide plans and supporting documents in sufficient detail and clarity to show compliance with the relevant green building construction practices as required by the Green Construction Code or an alternative compliance path selected pursuant to Section 101.4.9.4, and with any green building submittal requirements specified by the code official as set forth in the Department's Administrative Bulletins.

The applicant shall show upon the site plan, completely dimensioned and drawn to a scale indicated numerically and graphically, the site, its orientation to North and, as applicable: location of all existing and new construction on the site; distances from property lines; established street grades, proposed finished grades, features required to comply with 21 DCMR, Chapter 5; location of utility service lines and connections thereto (with dimensions and all appurtenant features of such connections); and flood hazard areas, floodways and design flood elevations. For raze or demolition, the site plan shall identify the structures or portions thereof to be demolished and the location and size of all existing structures and construction that are to remain on the site.

Permit applicants shall be responsible for obtaining approvals from other reviewing agencies, including, but not limited to, the Historic Preservation Office and the District Department of the Environment. If deficiencies in the plans or other supporting documents are discovered during these reviews, the other reviewing agencies may give the applicant an opportunity to correct the deficiencies. Any restrictions or conditions imposed by other reviewing agencies may be annotated on the plans and shall be incorporated into and deemed a condition of the permit.

Where special inspections are required by Chapter 17 of the Building Code, the owner shall name the individual or firms who are to perform such special inspections. The stages of construction at which special inspections are to occur shall be established by the Special Inspections Program Procedural Manual ("Special Inspections Program Procedural Manual") published by the Department (July 2012 edition, as may be amended from time to time by the Department). Special inspections shall be made in accordance with Section 109.3.13 and Chapter 17 of the Building Code.

Before issuance of a permit for the use or construction of a vault in public space, the owner of the abutting private property shall execute an agreement, in the form prescribed by the District, acknowledging for the owner and owner's heirs and assigns that: (1) no right, title, or interest of the public is thereby acquired, waived, or abridged; (2) the Mayor may inspect such vault during regular business hours; (3) the Mayor may introduce, or authorize the introduction, into or through such vault, with right of entry for inspection, maintenance, and repair, any water pipe, gas pipe, sewer, conduit, other pipe, or other public utility underground construction which the Mayor deems necessary in the public interest to place in or by the District, at the expense of such owner, to conform with any change made in the street, roadway, or sidewalk width or grade; (4) rental for such vault will be paid to the District as required by the District of Columbia Public Space Rental Act, approved October 17, 1968 [82 Stat. 1156; D.C. Official Code § 10- 1101.01 et seq. (2012 Repl.)]; and (5) the owner will release and relinquish the vault space, and remove, free of expense to the District of Columbia, all structural parts of the vault when so ordered by the code official.

A covenant running with the land, in a form prescribed by the District of Columbia, shall be required before issuance of a final certificate of occupancy for the building where openings in exterior walls closer than 5 feet (1524 mm) from interior lot lines are allowed pursuant to Sections 705.8.7 through 705.8.7.7. The covenant shall ensure that compliance with the minimum requirements of those sections will be maintained for as long as the building shall exist, and shall ensure that responsibility for the maintenance of those conditions will be conveyed to any future owner of the building.

No permit or related plan that authorized installation of a private fire hydrant shall be approved without an agreement in the form prescribed by the District of Columbia and recorded in the land records of the District of Columbia, establishing the entity or person, and successors thereof, responsible for maintenance, repair and replacement of the private fire hydrant in perpetuity.

No permit or related plan shall be approved for a modification of projection requirements pursuant to Section 3202.4 without an agreement in the form prescribed by the District of Columbia and recorded in the land records of the District of Columbia establishing, by covenant running with the land for such period as the projection shall exist, such limitations and conditions as shall be imposed by the code official, which shall include but not be limited to agreement to save harmless the District of Columbia, its officers and agents, from liability by virtue of the grant of authority to construct said projection, and agreement to landscape or otherwise treat, to the satisfaction of the code official, and thereafter to maintain the area upon which the covenantor has forborne to build.

Where the applicant has elected to submit a binding pledge as provided in Section 302.6.2.4 of the Green Construction Code as security for compliance with the provisions of Section 302.3.2 or Section 302.3.3 of the Green Construction Code, the applicant shall present to the code official a certified copy of the binding pledge, in a form approved by the Office of the Attorney General, evidencing due recordation of the binding pledge among the land records of the Office of the Recorder of Deeds of the District of Columbia at no cost to the District of Columbia. The certified copy of the binding pledge shall be presented prior to the issuance of the first certificate of occupancy in a story above grade plane in the project. The owner will cause any lien or interest, recorded prior to the recording of the binding pledge, to be subordinated to the binding pledge.

A covenant shall be required before a permit shall be issued to install water or sewer utility services to a lot from an adjacent lot, or to extend such services to a lot or premises from a building, as approved pursuant to Section 301.3.1 of the Plumbing Code.

No covenant in connection with Articles 230.2 and 230.3 of the Electrical Code shall be approved in order to provide master service to more than one building on a single lot, or to buildings on different lots in the same square, unless in accordance with Section 106.6. Such covenant shall be required prior to issuance of a permit.

A covenant running with the land and each applicable easement shall be required before a permit is issued for a major land-disturbing activity or a major substantial improvement activity (as defined by 21 DCMR, Chapter 5) regulated by 21 DCMR, Chapter 5.

The code official shall keep an accurate account of all fees collected, and such collected fees shall be deposited with the D.C. Treasurer, or otherwise deposited of as required by law.

A fee for each plan examination, permit and inspections shall be paid in accordance with the applicable fee schedule published in the D.C. Register, as amended from time to time.

If the permit is declared null and void due to an administrative or clerical error pursuant to Section 105.6.1.1 Item 2, the filing fee shall be refunded unless the applicant elects to continue processing of the original application or the administrative or clerical error resulted from a false statement or misrepresentation of fact by the applicant or other applicant misconduct.

Before issuing a permit, the code official shall, if deemed necessary, examine or cause to be examined all premises, buildings, and other structures for which a permit application has been filed.

Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder has posted or otherwise made available the inspection record card issued by the code official. The inspection record card shall be maintained available by the permit holder on the job site until final approval has been granted by the code official.

Prior to operation of an elevator or conveying system that has been installed or altered pursuant to a permit, a final inspection and issuance of a certificate of inspection shall be required in accordance with Section 3010.3.

Inspections are required at appropriate times during the construction and upon completion of each project as necessary to determine compliance with the Energy Conservation Code, the Green Construction Code or an alternate compliance path selected pursuant to Section 101.4.9.

In addition to the inspections specified above, the code official is authorized to make, or to require the owner of a building or other structure to have an independent inspection agency perform, other inspections of any construction work. These inspections shall ascertain compliance with the provisions of the Construction Codes, the Zoning Regulations and other laws or regulations that are enforced by the Department.

Special inspections shall be made in accordance with Chapter 17 of the Building Code, and the Special Inspections Program Procedural Manual.

Upon completion of work for which a permit was issued, a final inspection approval is required to verify that all required inspections have been performed and approved. No portion of a building or other structure shall be used or occupied until its final inspection has been obtained and, if required, a certificate of occupancy is issued pursuant to Section 110. All violations or infractions of the approved plans and permit shall be noted and the holder of the permit shall be notified of the discrepancies pursuant to procedures set forth in Section 110.2.2.

After the code official inspects the building or other structure pursuant to Section 109.3.14 and finds no violations of the provisions of the Construction Codes or the Zoning Regulations, the code official upon due application shall issue a certificate of occupancy pursuant to Section 110 of the Building Code.

When approved by the Department, a permit holder, at the permit holder's expense, shall have the option of having a third-party inspection of work subject to a permit issued by the Department conducted by one or more third-party inspection agencies. The third-party inspection agency must be one that has been certified by the Department as a qualified third-party inspection agency pursuant and subject to the provisions of D.C. Official Code § 6-1405 (2012 Repl.), this Section 109.4, and the Third-Party Inspection Procedures Manual (the provisions of which are incorporated herein by reference). Where the Department approves the use of a third-party inspection agency, the third-party inspection agency(s) shall provide and perform inspection services of the work for which a permit has been issued by the Department in accordance with D.C. Official Code § 6-1405, this Section 109.4, and the provisions of the Third-Party Inspection Procedures Manual.

Where inspections are to be conducted by one or more approved third-party inspection agencies of work subject to permit issued by the Department, the third-party inspection agency(s) must make a determination that the work performed or construction undertaken was completed in accordance with the permit(s) as issued by the Department, including associated construction documents, and in accordance with the requirements of the Construction Codes. Where the third-party inspection agency makes that determination, it shall submit its inspection report in accordance with the provisions of the Department's Third- Party Inspection Manual to the code official, and request verification by the code official of final inspection. The code official shall review and verify the report within ten business days after acceptance. The code official shall accept all reports submitted by a third-party inspection agency related to work for which a permit has been issued as prima facie evidence that the work inspected meets or exceeds all requirements of the permit, and the construction documents upon which the permit was issued, and the Construction Codes. If the code official is satisfied as to the findings of the report regarding work, the code official shall issue to the permit holder, if requested, a conditional certificate of occupancy or certificate of occupancy, as applicable.

Any person who prevents or refuses to allow the code official to enter a building for inspection in the performance of his duties, is in violation of these regulations and the code official shall have the authority to issue a notice of violation, order or notice of infractions pursuant to Section 113.

If the code official is denied entry for an inspection in the performance of his or her duties, the code official is authorized to apply to the D.C. Superior Court for an administrative search warrant and/or injunctive relief.

A building or other structure hereafter erected shall not be used or occupied in whole or in part until the certificate of occupancy has been issued by the code official, in accordance with the applicable Construction Codes and the Zoning Regulations following a final inspection pursuant to Section 109.3.14 of the Building Code.

For changes in ownership of structures, land, or parts thereof with an existing valid Certificate of Occupancy, a new Certificate of Occupancy shall be issued in the name of the new owner without reinspection, provided there is no proposed change in use, floor layout or occupancy load.

For changes in use, occupancy load or tenant floor layout, a new Certificate of Occupancy shall be required. In the foregoing circumstances, a construction permit application must be filed pursuant to Section 105.1.1(1) and approved by the Department, in order to confirm that the new use, load or tenant floor layout complies with the Construction Codes and Zoning Regulations. An application for certificate of occupancy will not be accepted for filing until a permit application has been granted, or a determination has been made that a permit application is not required under the circumstances.

A certificate of occupancy shall only be issued for stated uses, including accessory uses, that have been identified in the Zoning Regulations. In the case of §§ 701.5, 721.4, 741.4 and 751.4 of the Zoning Regulations, which permit other retail and service uses similar to those uses expressly permitted in the applicable Commercial Districts, the certificate of occupancy shall first state the expressly permitted use and then indicate the similar use that is being authorized.

After the code official inspects the building or other structure and finds no violations of the provisions of the Construction Codes, the Zoning Regulations or other laws that are enforced by the Department, the code official shall issue a certificate of occupancy containing the following:

1. The building permit number (if applicable);
2. The address of the structure;
3. The name and address of the property or business owner, as applicable;
4. A description of that portion of the structure for which the certificate is issued;
5. The name of the code official;
6. The use and occupancy, in accordance with the provisions of Chapter 3 of the Building Code;
7. The use and occupancy in accordance with the Zoning Regulations;
8. The design occupant load;
9. Any special stipulations and conditions of the building permit;
10. Date of issuance;
11. If an automatic sprinkler system is provided, whether the sprinkler system is required;
12. The edition of the code under which the permit was issued; and
13. The type of construction as defined in Chapter 6.

A Certificate of Occupancy shall not be required for any use exempted by 11 DCMR § 3203.

All Certificates of Occupancy shall be conspicuously posted in or upon the premises to which they apply so that they are readily visible to anyone entering the premises, except sanctuary and nave areas of places of religious worship in Group A-3.

All applications for Certificate of Occupancy shall be filed with the Department on the prescribed forms provided by the code official. The applicant shall pay the prescribed filing fee at the time of the application. If a property is located in a CM or M zone district, the "Standards of External Effects" application required by the Zoning Regulations shall also be submitted. Where field inspections are deemed necessary, the inspection process shall be in accordance with Sections 110.2.2.

Following the filing of a certificate of occupancy application, except for a change in ownership pursuant to Section 110.1.2, inspections shall be conducted to confirm compliance with the applicable Construction Codes and the Zoning Regulations. Notice of all existing violations of the applicable Construction Codes and Zoning Regulations shall be provided to the applicant within ten business days after the date of the inspection.

The code official is authorized to grant an extension to comply with the notice of existing violations for any of the following reasons:

1. The District Government has performed all the required services but due to extenuating circumstances the applicant is unable, through no fault of his or her own, to bring the property into compliance; or

Other special or unusual circumstances as determined by the code official.

The intended use shall be designated as a proposed use at the time of application for the building permit on which the use depends.

At the time of approval of the building permit application by the Zoning Administrator, the proposed use shall become the provisional occupancy approved by the code official.

A building permit shall be obtained within six months of approval of the provisional occupancy, otherwise the zoning approval granted pursuant to Section 110.3.2 shall expire.

The use designated as the approved provisional occupancy shall become final upon issuance of a Certificate of Occupancy pursuant to the provisions of Section 110.

If the erection or alteration of a structure, or part thereof, is contemplated, a certificate of occupancy for that structure, or part thereof, shall not be issued until the erection or alteration is completed to the point that the structure, or part thereof, is deemed by the code official to be available for occupancy and in compliance with the requirements of the applicable laws and regulations.

The code official is authorized to issue a conditional certificate of occupancy to permit the conditional use and conditional occupancy of a building, other structure, or a portion thereof, in advance of the completion of all work covered by the permit, and prior to the issuance of a certificate of occupancy under Section 110.1 above, if the building, other structure, or a portion thereof may be safely occupied notwithstanding incomplete work covered by the permit. The code official is authorized to specify when the conditional certificate of occupancy issued under this section will expire.

The code official is authorized to issue a conditional certificate of occupancy for a building or other structure after determining that the core and shell of the building or other structure are substantially and materially complete, in accordance with the Construction Codes. The issuance of a conditional certificate of occupancy under this section shall not grant, allow, or permit use or occupancy, for any reason or purpose, of any other portion of the building or other structure for which a certificate of occupancy is required under Section 110.1.

The code official is authorized to issue a conditional certificate of occupancy in other circumstances, prior to the issuance of the final certificate of occupancy, if the building, other structure, or a portion thereof may be safely occupied, where the code official determines that the public interest warrants such conditional occupancy. The code official is authorized to specify when the conditional certificate of occupancy issued under this section will expire.

Any certificate of occupancy previously issued or issued pursuant to Section 110 shall be revoked by the code official, after notice to the certificate holder, if the actual occupancy does not conform with that which was permitted.

Any certificate of occupancy previously issued or issued pursuant to Section 110 shall be revoked by the code official, after notice to the certificate holder, if the code official determines that it was obtained based on an application that contained any material misrepresentation.

Any certificate of occupancy previously issued or issued pursuant to Section 110 shall be revoked by the code official, after notice to the certificate holder, if the code official determines that it was issued in error.

Any certificate of occupancy previously issued or issued pursuant to Section 110 shall be revoked by the code official, after notice to the certificate holder, if all of the following conditions are verified:

1. The building or space under such certificate of occupancy is undergoing alteration or repair, or an addition thereto is being constructed, under a duly issued building permit, and the original use is being continued during the construction period; and
2. The code official deems that construction is not progressing at a reasonable pace and the unfinished portion of the project, as shown on the approved permit drawings, or the missing systems or portions thereof, are such that the code official deems that the safety, health or welfare of the public or of the occupants is seriously threatened thereby.

The code official shall effect service of a notice to revoke a certificate of occupancy by one of the following methods:

1. Personal service on the certificate holder or the certificate holder's agent;
2. By electronic mail to the last-known electronic mail address of the certificate holder or the certificate holder's agent, provided that a copy of the notice or order is posted in a conspicuous place in or about the structure affected by such notice;
3. Delivering the notice to the last known home or business address of the certificate holder as identified by the certificate application, the tax records, or business license records, and leaving it with a person over the age of 16 years old residing or employed therein;
4. Mailing the notice, via first class mail postage prepaid, at least 10 days prior to the date of the proposed action, to the last known home or business address of the certificate holder or the certificate holder's agent as identified by the certificate application, the tax records, or business license records; or
5. If the notice is returned as undeliverable by the Post Office authorities, or if no address is known or can be ascertained by reasonable diligence, by posting a copy of the notice in a conspicuous place in or about the structure affected by such notice.

Except as provided in Section 110.5.3.2, the Notice of Revocation shall contain the effective date of revocation.

Revocations based on Section 110.5.1, 110.5.2, 110.5.4, or 110.5.5 are proposed actions and shall become final upon occurrence of one of the following conditions:

1. If the certificate holder fails to request a hearing from (a) the Office of Administrative Hearings within 10 business days of receipt of the notice of revocation with respect to violations of the Construction Codes or (b) the Board of Zoning Adjustment within 60 days of receipt of the notice of revocation with respect to violations of the Zoning Regulations;
2. If the Office of Administrative Hearings or Board of Zoning Adjustment finds that grounds exist to revoke the permit as the result of a hearing requested by the certificate holder pursuant to Section 110.6.