ADOPTS WITH AMENDMENTS:

International Building Code 2015 (IBC 2015)

Heads up: There are no amended sections in this chapter.

Chapter 1 Administration and Enforcement

AMENDMENT
This section has been amended at the state or city level.

Section 101 General

AMENDMENT
This section has been amended at the state or city level.

101.1 The Construction Codes

AMENDMENT
This section has been amended at the state or city level.
The 2017 District of Columbia Construction Codes, hereinafter referred to as the "Construction Codes," shall consist of:

  1. The following Model Codes:
    1. The International Building Code (2015) published by the International Code Council, Inc. (ICC).
    2. The International Residential Code (2015) published by the ICC.
    3. The National Electrical Code (2014) published by the National Fire Protection Association (NFPA).
    4. The International Fuel Gas Code (2015) published by the ICC.
    5. The International Mechanical Code (2015) published by the ICC.
    6.  The International Plumbing Code (2015) published by the ICC.
    7. The International Property Maintenance Code (2015) published by the ICC.
    8. The International Fire Code (2015) published by the ICC.
    9. The Energy Standard for Buildings Except Low-Rise Residential Buildings (ANSI/ASHRAE/IES 90.1-2013) published by ASHRAE (formerly known as the American Society of Heating, Refrigeration and Air-Conditioning Engineers, Inc.) and the International Energy Conservation Code-Residential Provisions (2015) published by the ICC.
    10. The International Existing Building Code (2015) published by the ICC.
    11. The International Green Construction Code (2012) published by the ICC.
    12. The International Swimming Pool and Spa Code (2015) published by the ICC.
  2. All additions, insertions, and deletions to the Model Codes, as identified in the District of Columbia Construction Codes Supplement of 2017 (the Construction Codes Supplement), codified in Title 12 of the District of Columbia Municipal Regulations (DCMR).
  3.  Appendices in the Model Codes shall not apply unless specifically adopted in the Construction Codes Supplement.

101.1.1 Authority to Adopt Construction Codes

AMENDMENT
This section has been amended at the state or city level.
The Construction Codes are adopted in the District of Columbia pursuant to the provisions of the Construction Codes Act (as defined in Section 202.2).

101.1.2 Administration and Enforcement

AMENDMENT
This section has been amended at the state or city level.
Chapter 1 of 12-A DCMR 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-G DCMR, Chapter 1, and 12-H DCMR, Chapter 1, respectively.

101.1.3 Definitions

AMENDMENT
This section has been amended at the state or city level.
Italicized words and terms shall have the meanings set forth in the Construction Codes.

101.2 Building Code

AMENDMENT
This section has been amended at the state or city level.
The District of Columbia Building Code 2017 (Building Code) shall consist of the 2015 edition of the International Building Code, as amended by the Building Code Supplement of 2017 (12-A DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.2.1 Appendices

AMENDMENT
This section has been amended at the state or city level.
Provisions in the appendices of the International Building Code shall not apply unless specifically adopted in the Construction Codes Supplement.

101.2.2 Administration and Enforcement

AMENDMENT
This section has been amended at the state or city level.
Chapter 1 of the International Building Code is deleted in its entirety. In its place, the provisions of 12-A DCMR A, Chapter 1, shall apply to the Building Code and are incorporated herein by this reference.

101.2.3 Scope

AMENDMENT
This section has been amended at the state or city level.
The provisions of the Building Code shall apply to the construction, alteration, addition, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, demolition and raze of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exceptions:
  1. 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 that comply with the Residential Code and Chapters 17, 18, 32 and 33 of the Building Code.
  2. Existing buildings undergoing repair, alteration, addition or change of occupancy that comply with the Existing Building Code.
  3. Home day care in dwelling units in Group R-3 dwellings that comply with Appendix M of the Residential Code.

101.2.4 Intent

AMENDMENT
This section has been amended at the state or city level.
The purpose of the Building Code is to establish the minimum requirements to provide a reasonable level of safety, public health 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 a reasonable level of safety to fire fighters and emergency responders during emergency operations.

101.3 Residential Code

AMENDMENT
This section has been amended at the state or city level.
The District of Columbia Residential Code (2017) (Residential Code) shall consist of the 2015 edition of the International Residential Code as amended by the Residential Code Supplement of 2017 (12-B DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.3.1 Appendices

AMENDMENT
This section has been amended at the state or city level.
Provisions in the appendices of the International Residential Code shall not apply unless specifically adopted in the Construction Codes Supplement.

101.3.2 Administration and Enforcement

AMENDMENT
This section has been amended at the state or city level.
Chapter 1 of the International Residential Code is deleted in its entirety. In its place, the provisions of 12-A DCMR, Chapter 1, shall apply to the Residential Code and are incorporated by this reference.

101.3.3 Scope

AMENDMENT
This section has been amended at the state or city level.
The provisions of the Residential Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, demolition, and raze 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.
Exceptions:
  1. Live/work units complying with the requirements of Section 419 of the Building Code shall be allowed to be built as one- and two-family dwellings or townhouses. Fire suppression required by Section 419.5 of the Building Code, when a unit is constructed under the Residential Code, shall conform to Section 2904 of the Residential Code.
  2. Owner-occupied lodging houses with five or fewer guestrooms shall be permitted to be constructed in accordance with the Residential Code when equipped with a fire sprinkler system that is in accordance with Section 2904 of the Residential Code.
  3. 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, shall be permitted to comply with the Building Code as defined in Section 101.2.
  4. Existing buildings undergoing repair, alteration, change of occupancy, addition to or relocation shall comply with the Existing Building Code defined in Section 101.4.8 or the current Construction Codes.

101.3.3.1 Home Day Care

AMENDMENT
This section has been amended at the state or city level.
Appendix M of the Residential Code shall apply to home day care, including Child Development Homes where oversight is provided by the Office of the State Superintendent of Education or a successor agency, in dwelling units within either of the following:
  1. Detached one- and two-family dwellings or townhouses within the scope of the Residential Code.
  2. Group R-3 dwellings.

101.3.4 Intent

AMENDMENT
This section has been amended at the state or city level.
The purpose of the Residential Code is to establish the minimum requirements to provide a reasonable level of safety, public health and general welfare through affordability, structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy and resource conservation, and safety to life and property from fire and other hazards attributed to the built environment, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations.

101.4 Electrical Code

AMENDMENT
This section has been amended at the state or city level.
The District of Columbia Electrical Code (2017) (Electrical Code) shall consist of the 2014 edition of the National Electrical Code (National Electrical Code) published by the National Fire Protection Association (NFPA), as amended by the Electrical Code Supplement of 2017 (12-C DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.4.1 Annexes

AMENDMENT
This section has been amended at the state or city level.
Provisions in the annexes to the National Electrical Code are provided for informational purposes only, in accordance with Article 90, Section 90.5 of the National Electrical Code, unless otherwise specified in the Construction Codes Supplement.

101.4.2 Administration and Enforcement

AMENDMENT
This section has been amended at the state or city level.
The provisions of 12-A DCMR, Chapter 1, shall apply to the Electrical Code and are incorporated by this reference, without deletion of Article 90 of the National Electrical Code except as specified.
Exceptions: Sections 90.1(A), 90.1(C), 90.2, 90.4 and 90.6 of Article 90 of the National Electrical Code are deleted in their entirety.

101.4.3 Scope

AMENDMENT
This section has been amended at the state or city level.
The provisions of the Electrical Code shall apply to the design, installation, maintenance, alteration, conversion, changing, repairing, removal and inspection of electrical conductors, equipment and raceways; signaling and communications conductors, equipment and raceways; and optical fiber cables and raceways for the following:
  1. Public and private premises, including, but not limited to, buildings, other structures, mobile homes, recreational vehicles, and floating buildings.
  2. Yards, lots, parking lots, carnivals, circuses, fairs and similar events, and industrial substations.
  3. Installation of conductors and equipment that connect to the supply of electricity.
  4. Installations used by the electric utility, such as office buildings, warehouses, garages, machine shops, and recreational buildings, that are not an integral part of a generating plant, substation, or control center.
Exceptions:
  1. Installations in ships, watercraft other than floating buildings, railway rolling stock, aircraft, or automotive vehicles other than mobile homes and recreational vehicles.
  2. Installations underground in mines and self-propelled mobile surface mining machinery and its attendant electrical trailing cable.
  3. Installation of railways for generation, transformation, transmission, or distribution of power used exclusively for operation of rolling stock or installations used exclusively for signaling and communications purposes. 
  4. Installations of communications equipment under the exclusive control of communications utilities located outdoors or in building spaces used exclusively for such installations.
  5. Installations under the exclusive control of an electrical utility where such installations:
    1. Consist of service drops or service laterals, and associated metering.
    2. Are on property owned or leased by the electric utility for the purpose of communications, metering, generation, control, transformation, transmission or distribution of electric energy.
    3. Are located in legally established easements or rights-of-way.
    4. Are located by other written agreements either designated by or recognized by public service commissions, utility commissions or other regulatory agencies having jurisdiction for such installations. These written agreements shall be limited to installations for the purpose of communications, metering, generation, control, transformation, transmission, or distribution of electrical energy where legally established easements or rights-of-way cannot be obtained. These installations shall be limited to federal lands, Native American reservations through the US Department of the Interior, Bureau of Indian Affairs, military bases, lands controlled by port authorities and state agencies and departments, and lands owned by railroads.
  6. Installations that are part of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with separate means of egress and their accessory structures that comply with the Residential Code.

101.4.4 Intent

AMENDMENT
This section has been amended at the state or city level.
The purpose of the Electrical Code is to establish minimum requirements to safeguard persons and property from hazards arising from the use of electricity, and is not intended as a design specification or as an instruction manual for untrained persons.

101.5 Fuel Gas Code

AMENDMENT
This section has been amended at the state or city level.
The District of Columbia Fuel Gas Code (2017) (Fuel Gas Code) shall consist of the 2015 edition of the International Fuel Gas Code, as amended by the Fuel Gas Code Supplement of 2017 (12-D DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.5.1 Appendices

AMENDMENT
This section has been amended at the state or city level.
Provisions in the appendices of the International Fuel Gas Code shall not apply unless specifically adopted in the Construction Codes Supplement.

101.5.2 Administration and Enforcement

AMENDMENT
This section has been amended at the state or city level.
Chapter 1 of the International Fuel Gas Code is deleted in its entirety. In its place, the provisions of 12-A DCMR, Chapter 1, shall apply to the Fuel Gas Code and are incorporated by this reference.

101.5.3 Scope

AMENDMENT
This section has been amended at the state or city level.
The provisions of the Fuel Gas Code shall apply to the installation of fuel gas piping systems, fuel gas utilization equipment, gaseous hydrogen systems and related accessories, as follows:

  1. Gaseous hydrogen systems shall be regulated by Chapter 7.
  2. The regulations shall cover piping systems for natural gas with an operating pressure of 125 pounds per square inch gauge (psig) (862 kPa gauge) or less, and for LP-gas with an operating pressure of 20 psig (140 kPa gauge) or less, except as provided in Section 402.6.1. Coverage shall extend from the point of delivery to the outlet of the equipment shutoff valves. Piping system requirements shall include design, materials, components, fabrication, assembly, installation, testing, inspection, operation and maintenance.
  3. Requirements for gas utilization equipment and related accessories shall include installation, combustion and dilution air, and venting and connection to piping systems.
  4. The requirements for the design, installation, maintenance, alteration and inspection of mechanical appliances operating with fuels other than fuel gas shall be regulated by the Mechanical Code.
Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with separate means of egress and their accessory structures that comply with the Residential Code.

101.5.3.1 Exempted Installations and Equipment

AMENDMENT
This section has been amended at the state or city level.
The Fuel Gas Code shall not apply to the following:

  1. Portable LP-Gas equipment of all types that is not connected to a fixed fuel system.
  2. Installation of farm equipment such as brooders, dehydrators, dryers and irrigation equipment.
  3. Raw material (feedstock) applications, except for piping to special atmosphere generators.
  4. Oxygen-fuel gas cutting and welding systems.
  5. Industrial gas applications using gases such as acetylene and acetylenic compounds, hydrogen, ammonia, carbon monoxide, oxygen and nitrogen.
  6. Petroleum refineries, pipeline compressor or pumping stations, loading terminals, compounding plants, refinery tank farms and natural gas processing plants.
  7. Integrated chemical plants or portions of such plants where flammable or combustible liquids or gases are produced by chemical reactions or used in chemical reactions.
  8. LP-Gas installations at utility gas plants.
  9. Liquefied natural gas (LNG) installations.
  10. Fuel gas piping in power and atomic energy plants.
  11. Proprietary items of equipment, apparatus, or instruments such as gas generating sets, compressors and calorimeters.
  12. LP-Gas equipment for vaporization, gas mixing and gas manufacturing.
  13. Temporary LP-Gas piping for buildings under construction or renovation that is not to become part of the permanent piping system.
  14. Installation of LP-Gas systems for railroad switch heating.
  15.  Installation of LP-Gas and compressed natural gas (CNG) systems on vehicles.
  16. Except as provided in Section 401.1.1 of the Fuel Gas Code, gas piping, meters, gas pressure regulators and other appurtenances used by the serving gas supplier in the distribution of gas, other than undiluted LP-Gas.
  17. Building design and construction, except as specified herein.
  18. Piping systems for mixtures of gas and air within the flammable range with an operating pressure greater than 10 psig (69 kPa gauge).
  19. Portable fuel cell appliances that are neither connected to a fixed piping system nor interconnected to a power grid.

101.5.4 Intent

AMENDMENT
This section has been amended at the state or city level.
The purpose of the Fuel Gas Code is to establish minimum standards to provide a reasonable level of safety, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of fuel gas systems.

101.6 Mechanical Code

AMENDMENT
This section has been amended at the state or city level.
The District of Columbia Mechanical Code (2017) (Mechanical Code) shall consist of the 2015 edition of the International Mechanical Code, as amended by the Mechanical Code Supplement of 2017 (12-E DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.6.1 Appendices

AMENDMENT
This section has been amended at the state or city level.
Provisions in the appendices of the International Mechanical Code shall not apply unless specifically adopted in the Construction Codes Supplement.

101.6.2 Administration and Enforcement

AMENDMENT
This section has been amended at the state or city level.
Chapter 1 of the International Mechanical Code is deleted in its entirety. In its place, the provisions of 12-A DCMR, Chapter 1, shall apply to the Mechanical Code and are incorporated by this reference.

101.6.3 Scope

AMENDMENT
This section has been amended at the state or city level.
The provisions of the Mechanical Code shall regulate the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. The Mechanical Code shall also regulate those mechanical systems, systems components, equipment and appliances specifically addressed therein. The installation of fuel gas distribution piping and equipment, fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be regulated by the Fuel Gas Code.
Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with separate means of egress and their accessory structures that comply with the Residential Code.

101.6.4 Intent

AMENDMENT
This section has been amended at the state or city level.
The purpose of the Mechanical Code is to establish minimum standards to provide a reasonable level of safety, health, property protection and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of mechanical systems.

101.7 Plumbing Code

AMENDMENT
This section has been amended at the state or city level.
The District of Columbia Plumbing Code (2017) (Plumbing Code) shall consist of the 2015 edition of the International Plumbing Code, as amended by the Plumbing Code Supplement of 2017 (12-F DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.7.1 Appendices

AMENDMENT
This section has been amended at the state or city level.
Provisions in the appendices of the International Plumbing Code shall not apply unless specifically adopted in the Construction Codes Supplement.

101.7.2 Administration and Enforcement

AMENDMENT
This section has been amended at the state or city level.
Chapter 1 of the International Plumbing Code is deleted in its entirety. In its place, the provisions of 12-A DCMR, Chapter 1, shall apply to the Plumbing Code and are incorporated by this reference.

101.7.3 Scope

AMENDMENT
This section has been amended at the state or city level.
The provisions of the Plumbing Code shall apply to the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing systems within the District of Columbia. The Plumbing Code shall also regulate nonflammable medical gas, inhalation anesthetic, vacuum piping, nonmedical oxygen systems and sanitary and condensate vacuum collection systems.
Exceptions:
  1. Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with separate means of egress and their accessory structures that comply with the Residential Code.
  2. The design and installation of fuel gas distribution piping and equipment, fuel gas fired water heaters and water heater venting systems shall be regulated by the Fuel Gas Code.
  3. The design and installation of chilled water piping in connection with refrigeration process and comfort cooling, and hot water piping in connection with building heating, shall conform to the requirements of the Mechanical Code.
  4. The design and installation of piping for fire sprinklers and standpipes shall conform to the requirements of the Building Code. Water and drainage connections to such installations shall be made in accordance with the requirements of the Plumbing Code.

101.7.4 Intent

AMENDMENT
This section has been amended at the state or city level.
The purpose of the Plumbing Code is to establish minimum standards to provide a reasonable level of safety, health, property protection and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of plumbing equipment and systems.

101.8 Property Maintenance Code

AMENDMENT
This section has been amended at the state or city level.
The District of Columbia Property Maintenance Code (2017) (Property Maintenance Code) shall consist of the 2015 edition of the International Property Maintenance Code as amended by the Property Maintenance Code Supplement of 2017 (12-G DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.8.1 Appendices

AMENDMENT
This section has been amended at the state or city level.
Provisions in the appendices of the International Property Maintenance Code shall not apply unless specifically adopted in the Construction Codes Supplement.

101.8.2 Administration and Enforcement

AMENDMENT
This section has been amended at the state or city level.
Chapter 1 of the International Property Maintenance Code is deleted in its entirety. Administration and enforcement provisions for the Property Maintenance Code are set forth in 12-G DCMR, Chapter 1.

101.8.3 Scope

AMENDMENT
This section has been amended at the state or city level.
The provisions of the Property Maintenance Code shall apply to all existing residential and nonresidential premises and shall constitute minimum requirements and standards for: premises, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing premises; and for administration, enforcement and penalties.

101.8.4 Intent

AMENDMENT
This section has been amended at the state or city level.
The purpose of the Property Maintenance Code is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of premises. Existing premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required therein.

101.9 Fire Code

AMENDMENT
This section has been amended at the state or city level.
The District of Columbia Fire Code (2017) (Fire Code) shall consist of the 2015 edition of the International Fire Code, as amended by the Fire Code Supplement of 2017 (12-H DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.9.1 Appendices

AMENDMENT
This section has been amended at the state or city level.
Provisions in the appendices of the International Fire Code shall not apply unless specifically adopted in the Construction Codes Supplement.

101.9.2 Administration and Enforcement

AMENDMENT
This section has been amended at the state or city level.
Chapter 1 of the International Fire Code is deleted in its entirety. Administration and enforcement provisions for the Fire Code are set forth in 12-H DCMR, Chapter 1.

101.9.3 Scope

AMENDMENT
This section has been amended at the state or city level.
The provisions of the Fire Code shall establish regulations affecting or relating to premises, processes and safeguards regarding: the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; conditions hazardous to life, property or public welfare in the occupancy of premises; fire hazards on the premises from occupancy or operation; and conditions affecting the safety of fire fighters and emergency responders during emergency operations.

101.9.4 Intent

AMENDMENT
This section has been amended at the state or city level.
The purpose of the Fire Code is to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions in all premises, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations.

101.10 Energy Conservation Code

AMENDMENT
This section has been amended at the state or city level.
The District of Columbia Energy Conservation Code (2017) (Energy Conservation Code) shall consist of the Energy Conservation Code-Commercial Provisions and the Energy Conservation Code-Residential Provisions. The Energy Conservation Code-Commercial Provisions shall consist of ANSI/ASHRAE/IES 90.1-2013, Energy Standard for Buildings Except Low-Rise Residential Buildings (ASHRAE 90.1), as amended by the Energy Conservation Code Supplement of 2017 — Commercial Provisions (12-I[CE] DCMR) of the District of Columbia Construction Codes Supplement of 2017. The Energy Conservation Code-Residential Provisions shall consist of the Residential Provisions of the 2015 edition of the International Energy Conservation Code, as amended by the Energy Conservation Code Supplement of 2017 — Residential Provisions (12-I[RE] DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.10.1 Appendices

AMENDMENT
This section has been amended at the state or city level.
Provisions in the appendices to the Energy Conservation Code-Commercial Provisions shall not apply unless specifically adopted in the Construction Codes Supplement. The Energy Conservation Code-Residential Provisions has no appendices.

101.10.1.1 Normative and Informative Appendices

AMENDMENT
This section has been amended at the state or city level.
Normative Appendices A, B, C, D and G of ASHRAE 90.1, as amended by the Energy Conservation Code Supplement, are adopted in the District of Columbia as an integral part of the mandatory requirements of the Energy Conservation Code-Commercial Provisions, which, for reasons of convenience are placed apart from all other normative elements. Informative Appendices E and F of ASHRAE 90.1 and informative notes located within the Energy Conservation Code-Commercial Provisions contain additional information and are not mandatory requirements.

101.10.1.2 Appendix Z

AMENDMENT
This section has been amended at the state or city level.
Appendix Z to the Energy Conservation Code-Commercial Provisions provides an alternative compliance path. See Section 101.10.6.

101.10.2 Administration and Enforcement

AMENDMENT
This section has been amended at the state or city level.
Sections 1, 2 and 4 of ASHRAE 90.1 and Chapter 1 [RE] of the International Energy Conservation Code are deleted in their entirety. In their place, the provisions of 12-A DCMR, Chapter 1, shall apply to the Energy Conservation Code and are incorporated by this reference.

101.10.3 Scope and General Requirements

AMENDMENT
This section has been amended at the state or city level.

101.10.3.1 Scope

AMENDMENT
This section has been amended at the state or city level.
The Energy Conservation Code shall apply to commercial buildings, residential buildings and the buildings' sites and associated systems and equipment.
Exceptions:
  1. Existing Buildings. Except as specified in 12-A DCMR, Chapter 1, the Energy Conservation Code shall not be used to require the removal, alteration or abandonment of, nor prevent the continued use and maintenance of, an existing building or building system lawfully in existence at the time of adoption of the Energy Conservation Code.
  2. Historic Buildings. Provisions of the Energy Conservation Code relating to the construction, repair, alteration, restoration and movement of structures, and change of occupancy shall not be mandatory for historic buildings provided that a report has been submitted to the code official and signed by the owner, or a registered design professional, or a certification has been submitted to the code official and signed by the State Historic Preservation Office, demonstrating that compliance with that provision would threaten, degrade or destroy the historic form, fabric or function of the building.
  3. Low Energy Buildings. The following buildings, or portions thereof, separated from the remainder of the building by building thermal envelope assemblies complying with the Energy Conservation Code shall be exempt from the building thermal envelope provisions of the Energy Conservation Code:
    1. Buildings, or portions thereof, with a peak design rate of energy usage less than 3.4 Btu/h • ft2 (10.7 W/m2) or 1.0 watt/ft2 (10.7 W/m2) of floor area for space conditioning purposes.
    2. Buildings, or portions thereof, that do not contain conditioned space.
  4. Where the commercial building project complies with one of the alternative compliance paths set forth in Section 101.10.6.
  5. Where the residential building project complies with one of the alternative compliance paths set forth in Section 101.10.7.

101.10.4 Intent

AMENDMENT
This section has been amended at the state or city level.
The Energy Conservation Code shall regulate the design and construction of buildings for the effective use and conservation of energy over the useful life of each building. The Energy Conservation Code is intended to provide flexibility to permit the use of innovative approaches and techniques to achieve this objective. The Energy Conservation Code is not intended to abridge safety, health or environmental requirements contained in other applicable codes or ordinances.

101.10.5 Compliance

AMENDMENT
This section has been amended at the state or city level.
Residential buildings shall meet the provisions of the Energy Conservation Code-Residential Provisions. Commercial buildings shall meet the provisions of the Energy Conservation Code-Commercial Provisions.

101.10.5.1 Mixed Occupancy

AMENDMENT
This section has been amended at the state or city level.
Where a building includes both residential and commercial occupancies, each occupancy shall be separately considered and meet the applicable provisions of the Energy Conservation Code—Commercial Provisions or the Energy Conservation Code—Residential Provisions.

101.10.5.2 Compliance Materials

AMENDMENT
This section has been amended at the state or city level.
The code official is authorized to approve specific computer software, worksheets, compliance manuals and other similar materials that meet the intent of the Energy Conservation Code.

101.10.6 Alternative Compliance Paths for Commercial Building Projects

AMENDMENT
This section has been amended at the state or city level.
In lieu of the requirements of the Energy Conservation Code-Commercial Provisions, commercial building projects that comply with one of the alternative compliance paths set forth in Sections 101.10.6.1 through 101.10.6.7 shall be deemed to comply with the Energy Conservation Code-Commercial Provisions.

101.10.6.1 Appendix Z

AMENDMENT
This section has been amended at the state or city level.
Demonstrate compliance with all sections of Appendix Z, with the exception of Section Z5.2 of the Energy Conservation Code-Commercial Provisions.

101.10.6.2 Compliance Utilizing ILFI Living Building Challenge

AMENDMENT
This section has been amended at the state or city level.
Design, construct and certify to the International Living Future Institutes's (ILFI) Living Building Challenge program for either full Living Building Challenge or Energy Petal certification. The owner shall provide documentation to the code official confirming registration with the Living Building Challenge program prior to permit issuance. The owner shall have an 18-month period from the date of issuance of the first certificate of occupancy, or from approval of the final inspection, to submit official evidence of certification to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification.

101.10.6.3 Compliance Utilizing ILFI Zero Energy Building

AMENDMENT
This section has been amended at the state or city level.
Design, construct and certify to the International Living Future Institute's (ILFI) Net Zero Energy Building Certification. The owner shall provide documentation to the code official confirming registration with the Net Zero Energy program prior to permit issuance. The owner shall have an 18-month period from the date of issuance for the project of the certificate of occupancy, or from approval of the final inspection, to submit official evidence of certification to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification.

101.10.6.4 Compliance Utilizing PHIUS+ and On-Site Solar

AMENDMENT
This section has been amended at the state or city level.
Design, construct and certify to the Passive House Institute United States' (PHIUS)+ program. The owner shall have an 18-month period from the date of issuance of the certificate of occupancy for the project, or from approval of the final inspection, to submit official evidence of certification by the PHIUS+ program to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification. Additionally, the owner must install a solar PV system on the building's roof that offsets the annual net energy use.

101.10.6.5 Compliance Utilizing PHI and On-Site Solar

AMENDMENT
This section has been amended at the state or city level.
Design, construct and certify to the Passive House Institute (PHI) program. The owner shall have an 18-month period from the date of issuance for the project of the certificate of occupancy, or from approval of the final inspection, to submit official evidence of certification by the PHI program to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification. Additionally, the owner must install a solar PV system on the building's roof that offsets the annual net energy use.

101.10.6.6 Compliance Utilizing LEED and LEED Zero Carbon

AMENDMENT
This section has been amended at the state or city level.
Design, construct, and certify to the LEED Rating System and LEED Zero Carbon Rating System. The owner shall provide approved documentation to the code official, prior to permit issuance, (1) confirming registration with the LEED Rating System programs, and (2) an approved pre-construction energy model that is consistent with achieving LEED Zero Carbon certification. Additionally, the owner must complete "Enhanced Commissioning" requirements during construction. The owner shall have an 18-month period from the date of issuance of the certificate of occupancy, or from approval of the final inspection, whichever is later, to submit official evidence of certification to both LEED and LEED Zero Carbon to the code official.

101.10.6.7 Compliance Utilizing LEED and LEED Zero Energy

AMENDMENT
This section has been amended at the state or city level.
Design, construct and certify to the LEED Rating System and LEED Zero Energy Rating System. The owner shall provide approved documentation to the code official, prior to permit issuance, (1) confirming registration with the LEED Rating System programs, and (2) an approved pre-construction energy model that is consistent with achieving LEED Zero Energy certification. Additionally, the owner must complete "Enhanced Commissioning" requirements during construction. The owner shall have an 18-month period from the date of issuance for the project of the certificate of occupancy, or from approval of the final inspection, whichever is later, to submit official evidence of certification to both LEED and LEED Zero Energy to the code official.

101.10.7 Alternative Compliance Paths for Residential Buildings

AMENDMENT
This section has been amended at the state or city level.
In lieu of the requirements of the Energy Conservation Code-Residential Provisions, residential building projects that comply with one of the alternative compliance paths set forth in Sections 101.10.7.1 through 101.10.7.9 shall be deemed to comply with the Energy Conservation Code-Residential Provisions.

101.10.7.1 Compliance Utilizing ERI

AMENDMENT
This section has been amended at the state or city level.
Design and construct to an Energy Rating Index (ERI) of "0" in accordance with Section R406 of the Energy Conservation Code-Residential Provisions. Verify compliance at the completion of construction in accordance with guidance given by the code official.

101.10.7.2 Compliance Utilizing DCRA Residential Net-Zero Energy Program

AMENDMENT
This section has been amended at the state or city level.
Achieve compliance with the requirements of DCRA's Residential Net-Zero Energy Program as set forth in an administrative bulletin.

101.10.7.3 Compliance Utilizing ILFI Living Building Challenge

AMENDMENT
This section has been amended at the state or city level.
Design, construct and certify to the International Living Future Institute's Living Building Challenge program for either full Living Building Challenge or Energy Petal certification. The owner shall provide documentation to the code official confirming registration with the Living Building Challenge program prior to permit issuance. The owner shall have an 18-month period from the date of issuance of the first certificate of occupancy, or from approval of the final inspection, to submit official evidence of certification to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification.

101.10.7.4 Compliance Utilizing ILFI Zero Energy Building Certification

AMENDMENT
This section has been amended at the state or city level.
Design, construct and certify to the International Living Future Institute's Zero Energy Building Certification. The owner shall provide documentation to the code official confirming registration with the Zero Energy Building program prior to permit issuance. The owner shall have an 18-month period from the date of issuance for the project of the certificate of occupancy, or from approval of the final inspection, to submit official evidence of certification to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification.

101.10.7.5 Compliance Utilizing the DOE Zero Energy Ready Home and On-Site Solar

AMENDMENT
This section has been amended at the state or city level.
Design, construct and certify to the standards of the Zero Energy Ready Home program of the United States Department of Energy (DOE). The owner shall have an 18-month period from the date of issuance of the certificate of occupancy, or from approval of the final inspection, to submit official evidence of certification to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification. Additionally, the owner must install a solar PV system on the roof that offsets the annual net energy use of the home.

101.10.7.6 Compliance Utilizing PHIUS+ and On-Site Solar

AMENDMENT
This section has been amended at the state or city level.
Design, construct and certify to the Passive House Institute United States' PHIUS+ program. The owner shall have an 18-month period from the date of issuance of the certificate of occupancy, or approval of the final inspection, to submit official evidence of certification to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification. Additionally, the owner must install a solar PV system on the roof that offsets the annual net energy use of the home.

101.10.7.7 Compliance Utilizing PHI and On-Site Solar

AMENDMENT
This section has been amended at the state or city level.
Design, construct and certify to the Passive House Institute program. The owner shall have an 18-month period from the date of issuance of a certificate of occupancy or from approval of the final inspection, whichever is later, to submit official evidence of certification by the PHI program to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification. Additionally, the owner must install a solar PV system on the roof that offsets the annual net energy use of the home.

101.10.7.8 Compliance Utilizing LEED and LEED Zero Carbon

AMENDMENT
This section has been amended at the state or city level.
Design, construct and certify to the LEED for Homes or LEED for Homes Midrise Rating Systems, and LEED Zero Carbon Rating System. The owner shall provide approved documentation to the code official, prior to permit issuance, (1) confirming registration with the LEED rating system programs, and (2) an approved pre-construction energy model that is consistent with achieving LEED Zero Carbon certification. The owner shall have an 18-month period from the date of issuance of a certificate of occupancy for the project or from the date of final inspection approval, whichever is later, to submit official evidence of certification by both LEED and LEED Zero Carbon to the code official.

101.10.7.9 Compliance Utilizing LEED and LEED Zero Energy

AMENDMENT
This section has been amended at the state or city level.
Design, construct and certify to the LEED for Homes or LEED for Homes Midrise Rating Systems, and LEED Zero Energy Rating System. The owner shall provide approved documentation to the code official, prior to permit issuance, (1) confirming registration with the LEED rating system programs, and (2) an approved pre-construction energy model that is consistent with achieving LEED Zero Energy certification. The owner shall have an 18-month period from the date of issuance of a certificate of occupancy for the project or from approval of the final inspection, whichever is later, to submit official evidence of certification by both LEED and LEED Zero Energy to the code official.

101.11 Existing Building Code

AMENDMENT
This section has been amended at the state or city level.
The District of Columbia Existing Building Code (2017) (Existing Building Code) shall consist of the 2015 edition of the International Existing Building Code, as amended by the Existing Building Code Supplement of 2017 (12-J DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.11.1 Appendices

AMENDMENT
This section has been amended at the state or city level.
Provisions in the appendices of the International Existing Building Code shall not apply unless specifically adopted in the Construction Codes Supplement.

101.11.2 Administration and Enforcement

AMENDMENT
This section has been amended at the state or city level.
Chapter 1 of the International Existing Building Code is deleted in its entirety. In its place, the provisions of 12-A DCMR, Chapter 1, shall apply to the Existing Building Code and are incorporated by this reference.

101.11.3 Scope

AMENDMENT
This section has been amended at the state or city level.
The provisions of the Existing Building Code shall apply to the repair, alteration, change of occupancy, or relocation of, or addition to, existing buildings, including existing buildings under the jurisdiction of the Residential Code.

101.11.3.1 Residential Code References

AMENDMENT
This section has been amended at the state or city level.
In the Existing Building Code, all references to Group R occupancies in general, or Group R-3 in particular, shall also refer to any existing building or existing structure under the jurisdiction of the Residential Code.

101.11.3.2 Residential Code Applicability

AMENDMENT
This section has been amended at the state or city level.
In the Existing Building Code, for buildings regulated by the Residential Code, references to the Building Code shall refer to the Residential Code.

101.11.4 Intent

AMENDMENT
This section has been amended at the state or city level.
The purpose of the Existing Building Code is to provide the code official with flexibility to permit the use of alternative approaches to achieve compliance with minimum requirements to safeguard the public health, safety and welfare, insofar as they are affected by the repair, alteration, change of occupancy, addition or relocation of existing buildings.

101.12 Green Construction Code

AMENDMENT
This section has been amended at the state or city level.
The District of Columbia Green Construction Code (2017) (Green Construction Code) shall consist of the 2012 edition of the International Green Construction Code, as amended by the Green Construction Code Supplement of 2017 (12-K DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.12.1 Appendices

AMENDMENT
This section has been amended at the state or city level.
Provisions in the appendices of the International Green Construction Code shall not apply unless specifically adopted in the Construction Codes Supplement.

101.12.2 Administration and Enforcement

AMENDMENT
This section has been amended at the state or city level.
Chapter 1 of the International Green Construction Code is deleted in its entirety. In its place, the provisions of 12-A DCMR, Chapter 1, shall apply to the Green Construction Code and are incorporated by this reference.

101.12.3 Scope

AMENDMENT
This section has been amended at the state or city level.
The provisions of the Green Construction Code shall apply to the construction, addition, alteration, relocation, demolition, and razing of every building or structure and appurtenances connected or attached to such buildings or structures and to the site on which the building or structure is located except as otherwise provided in this Section 101.12.3 or in the Green Construction Code.
Exceptions:
  1. The Green Construction Code shall not apply to the following:
    1. Demolition or razing of a building or structure of less than 10,000 square feet (929 m2 ), unless associated with a new construction, an addition, and/or site work of 10,000 square feet or more (929 m2);
    2. New construction and associated building site development, including construction of an addition to an existing building, of less than 10,000 square feet (929 m2);
    3. Alteration of an existing building where the aggregate area of construction or renovation is less than 10,000 square feet; or
    4. Relocation of structures of less than 10,000 square feet (929 m2).
  2. The Green Construction Code shall not apply to the following residential construction:
    1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height above grade plane with a separate means of egress, their accessory structures, and the site or lot upon which these buildings are located.
    2. Group R-3 residential buildings, their accessory structures, and the site or lot upon which these buildings are located.
  3. The Green Construction Code shall not be deemed to require the removal, alteration or abandonment of, nor prevent the continued use and maintenance of, an existing building, building system or building component lawfully in existence at the time of adoption of the Green Construction Code, unless within the work area of an alteration as defined in Section 101.12.3.1.
    1. The Green Construction Code shall not apply to equipment or systems that are used primarily for industrial or manufacturing.
    2. The Green Construction Code shall not apply to temporary structures approved under Sections 107 and 3103 of the Building Code.
    3. Appendix A to the Green Construction Code shall not apply to alterations except for Level 3 alterations, or Level 2 alterations 50,000 square feet and larger where 10,000 square feet of the space is being reconfigured.
    4. Appendix A to the Green Construction Code shall not apply to first time tenant fit-outs except for first time tenant fit-outs 10,000 square feet and larger.
  4. The Green Construction Code shall not apply where a project is within the scope of the Green Building Act of 2006, effective March 8, 2007 (D.C. Law 16-234; D.C. Official Code §§ 6-1451.01 et seq. (2018 Repl.)), as amended ("Green Building Act"), and the project complies with the provisions of the Green Building Act and the regulations promulgated thereunder set forth in Section 302 of the Green Construction Code.
  5. The Green Construction Code shall not apply where a project complies with one of the alternative compliance paths set forth in Section 101.12.5.

101.12.3.1 Applicability to Alteration

AMENDMENT
This section has been amended at the state or city level.
Determination of whether the area threshold would be triggered by an alteration of an existing building shall be based upon the aggregate area affected by the alteration; the work area where the alteration is to take place shall be identified in the permit application. An alteration includes, but is not limited to, fit out of space in an existing building not previously built out and fit out of space following demolition of previously built out space in an existing building. Areas of an existing building beyond the work area of an alteration shall not be included to determine if the Green Construction Code would be applicable to the alteration. Notwithstanding a determination that the size of the work area of an alteration would subject the alteration to the provisions of the Green Construction Code, compliance with the Green Construction Code shall not be required for building areas, components and systems that are located outside of the affected work area of the alteration.

101.12.3.2 Applicability to Additions

AMENDMENT
This section has been amended at the state or city level.
Only the aggregate area of a proposed addition to an existing building shall be used to determine if the provisions of the Green Construction Code would be applicable to the work to be undertaken to construct the addition. The portion(s) of an existing building that would not be altered by the construction of the addition shall not be used to determine if the threshold for application of the Green Construction Code would be met. If the provisions of the Green Construction Code would be applicable to the construction of an addition, then only the work to be undertaken in the addition shall be subject to the provisions of the Green Construction Code; the portion(s) of an existing building, building components or building systems located outside of the addition are not required to be brought into compliance with the provisions of the Green Construction Code.

101.12.4 Intent

AMENDMENT
This section has been amended at the state or city level.
The Green Construction Code is intended to safeguard the environment, public health, safety and general welfare through the establishment of requirements to reduce the negative impacts and increase the positive impacts of the built environment on the natural environment and building occupants. The Green Construction Code is not intended to abridge or supersede safety, health or environmental requirements under other applicable codes or ordinances.

101.12.5 Alternative Compliance Paths

AMENDMENT
This section has been amended at the state or city level.
In lieu of the requirements of the Green Construction Code, projects that comply with one of the alternative compliance paths set forth in Sections 101.12.5.1 through 101.12.5.4 shall be deemed to comply with the Green Construction Code.

101.12.5.1 Compliance Utilizing Living Building Challenge

AMENDMENT
This section has been amended at the state or city level.
Projects designed, constructed and certified to be in compliance with the International Living Future Institute's Living Building Challenge standard listed in Chapter 35 shall be deemed to comply with the Green Construction Code. The owner shall have an 18-month period from the date of issuance for the project of the certificate of occupancy, or the first certificate of occupancy for occupiable space in a story above grade plane where a project has multiple certificates of occupancy, to submit evidence of Living Building Challenge certification to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification.

101.12.5.2 Compliance Utilizing LEED

AMENDMENT
This section has been amended at the state or city level.
Projects designed, constructed and certified to be in compliance with one or more of the US Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) standards listed in Chapter 35 at the Certified Level or higher shall be deemed to comply with the Green Construction Code. The owner shall have a 12-month period from the date of issuance for the project of the certificate of occupancy, or the first certificate of occupancy for occupiable space in a story above grade plane where a project has multiple certificates of occupancy, to submit evidence of LEED certification to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification. Projects utilizing the LEED alternative compliance path shall also certify using either the EPA's Energy Star New Homes Program or Multifamily High Rise Program, as applicable.

101.12.5.3 Compliance Utilizing Green Communities

AMENDMENT
This section has been amended at the state or city level.
Affordable housing in Group R-2 occupancies designed, constructed and certified to be in compliance with the Enterprise Community Partners standard listed in Chapter 35 shall be deemed to comply with the Green Construction Code. The owner shall have a 12-month period from the date of issuance for the Group R-2 occupancy of the certificate of occupancy, or the first certificate of occupancy for occupiable space in a story above grade plane where a project has multiple certificates of occupancy, to submit certification of compliance with the applicable Enterprise Community Partners standard to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification. Affordable housing for the purpose of this section shall consist of projects eligible for certification by Enterprise Community Partners or as otherwise defined by the code official. New construction projects utilizing the Energy Enterprise Green Communities alternative compliance path shall also certify using either the EPA's Energy Star New Homes Program or Multifamily High Rise Program, as applicable.

101.12.5.4 Compliance Utilizing National Green Building Standard (ICC 700)

AMENDMENT
This section has been amended at the state or city level.
Group R-2 occupancies designed, constructed and certified to be in compliance with: (a) the National Green Building Standard, ICC 700, listed in Chapter 35, at the bronze level or higher; and (b) the EPA's Energy Star New Homes Program or Multifamily High Rise Program, as applicable, listed in Chapter 35, shall be deemed to comply with the Green Construction Code. The owner shall have a 12-month period from the date of issuance for the Group R-2 occupancy of the certificate of occupancy, or the first certificate of occupancy for occupiable space in a story above grade plane where a project has multiple certificates of occupancy, to submit evidence of certification to the code official. The code official, for good cause and upon written request, is authorized to extend the period to submit evidence of certification.

101.13 Swimming Pool and Spa Code

AMENDMENT
This section has been amended at the state or city level.
The District of Columbia Swimming Pool and Spa Code (2017) (Swimming Pool and Spa Code) shall consist of the 2015 edition of the International Swimming Pool and Spa Code, as amended by the Swimming Pool and Spa Code Supplement of 2017 (12-L DCMR) of the District of Columbia Construction Codes Supplement of 2017.

101.13.1 Appendices

AMENDMENT
This section has been amended at the state or city level.
Provisions in the appendices of the International Swimming Pool and Spa Code shall not apply unless specifically adopted in the Construction Codes Supplement.

101.13.2 Administration and Enforcement

AMENDMENT
This section has been amended at the state or city level.
Chapter 1 of the International Swimming Pool and Spa Code is deleted in its entirety. In its place, the provisions of 12-A DCMR, Chapter 1, shall apply to the Swimming Pool and Spa Code and are incorporated by this reference.

101.13.3 Scope

AMENDMENT
This section has been amended at the state or city level.
The provisions of the Swimming Pool and Spa Code shall apply to the construction, alteration, movement, renovation, replacement, repair and maintenance of aquatic recreation facilities, pools and spas. The pools and spas covered by the Swimming Pool and Spa Code are either permanent or temporary, and shall be only those that are designed and manufactured to be connected to a circulation system and that are intended for swimming, bathing or wading.

101.13.4 Intent

AMENDMENT
This section has been amended at the state or city level.
The purpose of the Swimming Pool and Spa Code is to establish minimum standards to provide a reasonable level of safety and protection of health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location and maintenance or use of pools and spas.

101.13.5 Applicability

AMENDMENT
This section has been amended at the state or city level.
Any pool or spa and related mechanical, electrical and plumbing systems lawfully in existence at the time of the adoption of the Swimming Pool and Spa Code shall be permitted to have their use and maintenance continued if the use, maintenance or repair is in accordance with the original design and no hazard to life, health or property is created. Additions, alterations, renovations or repairs to any pool, spa or related system shall conform to the requirements for a new system without requiring the existing systems to comply with the requirements of the Swimming Pool and Spa Code provided that such systems were lawfully in existence at the time of the adoption of the Swimming Pool and Spa Code.

101.13.5.1 Moved Pools and Spas

AMENDMENT
This section has been amended at the state or city level.
Unless covered by Section 101.13.5, systems that are a part of a pool, spa or system moved indoor within the District of Columbia shall comply with the provisions of the Swimming Pool and Spa Code for new installations.

101.13.6 Other Requirements

AMENDMENT
This section has been amended at the state or city level.
Owners and operators of swimming pools and spas shall also comply with the requirements of other District government agencies, including the Department of Health (DOH) regulations set forth in 25-C DCMR, Chapter 64, and the District Department of the Environment (DDOE) regulations set forth in 21 DCMR, Chapter 5.

101.14 Jurisdiction

AMENDMENT
This section has been amended at the state or city level.
The Construction Codes shall apply to premises within the limits of the District of Columbia, including premises owned, occupied or controlled by the Government of the District of Columbia or any of its independent agencies.

101.14.1 Federal Premises

AMENDMENT
This section has been amended at the state or city level.
Except as set forth in Section 101.14.1.1, the Construction Codes shall not apply to premises owned by the United States of America. Premises under the exclusive control of an officer of the United States government in his or her official capacity shall be deemed to be owned by the United States of America for purposes of this section, provided that the premises shall not be deemed to be under the exclusive control of an officer of the United States government where: (a) the premises (or any portions thereof) are leased to the United States of America, but the lessor is responsible for maintenance and repairs to the leased premises; or (b) the premises are owned by the United States of America, but leased to a person or persons other than the United States of America for development pursuant to a long-term ground lease or comparable property interest.

101.14.1.1 Applicability of Environmental Laws and Regulations

AMENDMENT
This section has been amended at the state or city level.
Notwithstanding Section 101.14.1, and even where the Construction Codes may not otherwise apply to a particular project, a permit in accordance with Section 105.1 is required for (1) major substantial improvement activities (as defined in 21 DCMR, Chapter 5) or (2) land-disturbing activities involving the implementation of stormwater management, erosion and sediment control, or floodplain management measures, and to the extent required by, 21 DCMR, Chapter 5; 20 DCMR, Chapter 31; or the Soil Erosion and Sedimentation Control Amendment Act of 1994, effective August 26, 1994 [DC Law 10-166; DC Official Code § 6-1403 (2018 Repl.)].

101.14.2 Foreign Missions

AMENDMENT
This section has been amended at the state or city level.
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; DC Official Code § 6-1306(g) (2018 Repl.)], that is, foreign missions shall substantially comply with the Construction Codes as required by the US 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.

101.14.3 President or Vice President's Residence

AMENDMENT
This section has been amended at the state or city level.
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 as close proximity is determined by 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.

101.14.4 Structures Located in or Adjacent to Rivers or Bodies of Water

AMENDMENT
This section has been amended at the state or city level.
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, pursuant to An Act Relative to the control of wharf property and certain public spaces in the District of Columbia, approved March 3, 1899 [30 Stat. 1377; DC Official Code § 10-501.01 (2013 Repl.)]. Notwithstanding the foregoing, work affecting navigable waters may also require a permit from the US Army Corps of Engineers pursuant to the Rivers and Harbors Appropriation Act of 1899, effective March 3, 1899 [30 Stat. 1151; 33 USC § 401 (2007)].

Section 102 Applicability

AMENDMENT
This section has been amended at the state or city level.

102.1 General

AMENDMENT
This section has been amended at the state or city level.
The provisions of these regulations shall cover all matters affecting or relating to buildings, other structures and systems as set forth in Section 101. A building or other structure shall not be constructed, maintained, extended, repaired, removed or altered in violation of these provisions.
Exception: The raising, lowering, or moving of a building or other structure as a unit, necessitated by a change in legal grade or widening of a street, shall be permitted provided that the building or other structure is not otherwise altered, that its use or occupancy is not changed, and that the building or other structure complies with the code provisions originally applicable to the building or other structure.

102.1.1 Code Precedence

AMENDMENT
This section has been amended at the state or city level.
Unless otherwise provided herein, or in the Construction Codes Act, the Construction Codes shall take precedence over the Construction Codes Act, and the Construction Codes Supplement shall take precedence over the Model Codes (as defined in Section 101.1), 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 by the Board of Zoning Adjustment or as otherwise provided therein. .

102.1.2 Conflicts

AMENDMENT
This section has been amended at the state or city level.
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.

102.2 Performance of Work in Public Space

AMENDMENT
This section has been amended at the state or city level.
Work performed in public space, not specifically addressed in the Construction Codes, shall conform to the pertinent standards and permitting requirements of the District of Columbia Department of Transportation (DDOT) and of the District of Columbia Water and Sewer Authority (DC Water). See, for example, 24 DCMR; DC Official Code, Title 10, Chapter 11; 21 DCMR; DC Official Code § 8-205.

102.3 Application of References

AMENDMENT
This section has been amended at the state or city level.
Unless otherwise specifically provided in the Construction Codes, all references to article or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such article, section or provision of the Construction Codes.

102.4 Referenced Standards

AMENDMENT
This section has been amended at the state or city level.
The standards referenced in the Construction Codes and listed in Chapter 35 of the Building Code; Chapter 44 of the Residential Code; Annex A of the Electrical Code; Chapter 8 of the Fuel Gas Code; Chapter 15 of the Mechanical Code; Chapter 13 of the Plumbing Code; Chapter 8 of the Property Maintenance Code; Chapter 80 of the Fire Code; Section 12 of the Energy Conservation Code—Commercial Provisions; Chapter 6 [RE] of the Energy Conservation Code—Residential Provisions; Chapter 16 of the Existing Building Code; Chapter 12 of the Green Construction Code; and Chapter 11 of the Swimming Pool and Spa Code, shall be considered a part of the requirements of the Construction Codes to the prescribed extent of each such reference.

102.4.1 Conflicts

AMENDMENT
This section has been amended at the state or city level.
If conflict arises between the provisions of the Construction Codes Act, and the Construction Codes, the provisions of the Construction Codes shall take precedence. If conflict arises between the Construction Codes Supplement, the Model Codes (as defined in Section 101.1), and their referenced standards:

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

102.5 Severability

AMENDMENT
This section has been amended at the state or city level.
In the event that any part or provision of the Construction Codes is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions of the Construction Codes.

102.5.1 Severance of Invalid Provisions

AMENDMENT
This section has been amended at the state or city level.
Any illegal or void part of the Construction Codes shall be severed from the remainder of the Construction Codes by a court holding such part illegal or void, and the remainder of the Construction Codes shall remain effective.

102.5.2 Decisions Involving Existing Structures

AMENDMENT
This section has been amended at the state or city level.
The invalidity of any provision in any section of the Construction Codes as applied to buildings and other structures constructed prior to the effective date of the Construction Codes 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.

102.6 Applicable Codes

AMENDMENT
This section has been amended at the state or city level.
Except as otherwise expressly provided, and without limiting the generality of Section 102.1, the Construction Codes, upon adoption pursuant to Section 122, shall apply to all of the following:
  1. All applications filed with the Department on or after the date of adoption.
  2. All pending applications filed with the Department prior to the date of adoption (except to the extent that a pending application has vested under a prior edition of the Construction Codes pursuant to Section 123).
  3. All permits or certificates issued by the code official on or after the date of adoption (except to the extent that the associated application vested under a prior edition of the Construction Codes pursuant to Section 123).
  4. All violations or infractions committed on or after the date of adoption.
The legal use and occupancy of any structure existing on the effective date of the Construction Codes, or for which a permit has already been approved, shall be permitted to continue without change.
Exceptions:
  1. Provisions of the Building Code, the Residential Code, the Property Maintenance Code or the Fire Code that are specifically required to be applied retroactively.
  2. Provisions of the Construction Codes deemed necessary by the code official, as defined in Section 103.1, for the general safety, health and welfare of the occupants and the public.

102.7 Violations or Infractions

AMENDMENT
This section has been amended at the state or city level.
The laws and regulations in force on the date that a new edition of the Construction Codes is adopted pursuant to Section 122 shall apply with respect to violations or infractions committed prior to said date, whether the prosecutions or adjudications of those violations or infractions are begun before or after said date.

Section 103 Department of Consumer and Regulatory Affairs

AMENDMENT
This section has been amended at the state or city level.

103.1 Code Official

AMENDMENT
This section has been amended at the state or city level.
The Director shall be, and shall hereinafter be referred to as, the code official for the enforcement of the provisions of the Construction Codes. Where in the Construction Codes the term "building official" is used, it shall mean the "code official."
Exception: Subject to the provisions of Section 103.2 as to Fire Code enforcement.

103.1.1 Delegation of Authority

AMENDMENT
This section has been amended at the state or city level.
The Director and the Fire Chief 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.

103.1.2 Department

AMENDMENT
This section has been amended at the state or city level.
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 DC Fire and Emergency Medical Services Department (Fire Department).

103.2 Code Official for the Fire Code

AMENDMENT
This section has been amended at the state or city level.
The Fire Chief shall be the code official for the enforcement of the Fire Code, except that the Director shall be the code official for enforcement of all provisions of the Fire Code pertaining to approval, installation, design, testing, and inspection of (a) new fire protection systems and (b) modifications of existing fire protection systems. The Fire Chief shall be the code official for maintenance, testing and inspection of all existing fire protection systems.

103.3 Organization

AMENDMENT
This section has been amended at the state or city level.
The Director or the Fire Chief shall appoint such number of officers, technical assistants, inspectors and other employees as shall be necessary for the administration of the Construction Codes.

103.3.1 Deputy

AMENDMENT
This section has been amended at the state or city level.
The code official is authorized to designate an employee or employees as deputy who shall exercise the powers of the code official as delegated during the temporary absence or disability of the code official.

103.4 Conflicts of Interest

AMENDMENT
This section has been amended at the state or city level.
No official or employee of the Department shall directly or indirectly engage in any private business transaction or activity, which tends in any way to interfere with the performance of his or her duties, including:
  1. Furnishing of Services. Being engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building under the jurisdiction of the Construction Codes, or the preparation of plans or specifications of a building under the jurisdiction of the Construction Codes, unless the official or employee is the principal owner of the building.
  2. Conflict with Official Duties. Engaging in any work which conflicts with official duties or with the interests of the Department.
  3. Private Work. Directly or indirectly engaging with or accepting remuneration from any private person, firm, or corporation for the performance of any work as a designer, architect, engineer, consultant, or inspector, which work is to be submitted to, passed upon, reviewed, or inspected by any officer of the District of Columbia charged with the administration of any portion of the Construction Codes.

103.5 Access to Public Records

AMENDMENT
This section has been amended at the state or city level.
Access to the public records of the Department is governed by the Freedom of Information Act, effective March 25, 1977 [DC Law 1-96; DC Official Code §§ 2-531 et seq. (2016 Repl. & 2018 Supp.)] (the Freedom of Information Act). The public records of the Department (as the term "public records" is defined in An Act To prescribe administrative procedures for the District of Columbia government, approved October 21, 1968 [82 Stat. 1203; DC Official Code § 2-502(18) (2016 Repl. & 2018 Supp.)] (the Administrative Procedure Act) shall be available for inspection and copying subject to the exemptions and procedures set forth in the Freedom of Information Act.

103.5.1 Publically Available Information

AMENDMENT
This section has been amended at the state or city level.
The Department shall make the following information available for inspection without a written request:
  1. Permit Documents. Copies of issued permits, permit applications and all documents submitted in support of permit applications (including plans).
  2. Certificates of Occupancy. Copies of issued Certificates of Occupancy.
  3. Other Information. Other information and documents that the Department makes publically available on its website.

103.5.2 Fees for Related Services

AMENDMENT
This section has been amended at the state or city level.
Fees for services rendered in response to information requests, including researching and copying any requested documents, are set forth in 1 DCMR § 408.
Exception: Advisory Neighborhood Commissioners shall not be required to pay a fee for researching and copying requested documents intended for official ANC purposes.

Section 104 Duties and Powers of Code Official

AMENDMENT
This section has been amended at the state or city level.

104.1 General

AMENDMENT
This section has been amended at the state or city level.
The code official is hereby authorized and directed to enforce the provisions of the Construction Codes. The code official shall have the authority to render interpretations of the Construction Codes and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of the Construction Codes. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in the Construction Codes.

104.1.1 Administrative Bulletins

AMENDMENT
This section has been amended at the state or city level.
The code official shall have the authority to promulgate from time to time administrative bulletins that shall be effective upon publication in the DC 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.

104.2 Applications and Permits

AMENDMENT
This section has been amended at the state or city level.
The code official shall receive applications, review submittal documents, and issue permits and certificates authorized by the Construction Codes, and shall enforce compliance with the provisions of the Construction Codes.

104.3 Notices and Orders

AMENDMENT
This section has been amended at the state or city level.
The code official shall have authority to issue all necessary notices or orders to ensure compliance with the Construction Codes, and shall have authority to institute administrative and legal actions to correct violations or infractions, including actions pursuant to An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, and for other purposes, approved April 14, 1906 [34 Stat. 114; DC Official Code §§ 42-3131.01 et seq. (2012 Repl.)] (the Nuisance Abatement Act), and the Due Process Demolition Act of 2002, effective April 19, 2002 [DC Law 14-114; DC Official Code §§ 42-3171.01 et seq. (2012 Repl.)].

104.4 Inspections

AMENDMENT
This section has been amended at the state or city level.
The code official is authorized: (i) to make all inspections necessary to ensure compliance with the Construction Codes in accordance with Section 104.6, and (ii) to accept reports of inspection by approved agencies. The code official is authorized to engage such expert opinion as is deemed necessary to report upon unusual technical issues that arise.

104.4.1 Post Disaster Event Inspections

AMENDMENT
This section has been amended at the state or city level.
The code official is authorized to conduct inspections to determine emergency and disaster related damage to premises in the District of Columbia in accordance with the District of Columbia Damage Assessment Emergency Operations Plan (September 2015) and any subsequent amendments thereto.

104.5 Identification

AMENDMENT
This section has been amended at the state or city level.
The code official, and authorized representatives of the code official, shall carry proper credentials when inspecting premises in the performance of duties under the Construction Codes.

104.6 Right of Entry

AMENDMENT
This section has been amended at the state or city level.
Where it is necessary to make an inspection to enforce the provisions of the Construction Codes, the code official is authorized to enter the premises, or any part thereof, at reasonable times to inspect or to perform the duties imposed by the Construction Codes subject to applicable law. This authority includes, but is not limited to, situations where the code official has reasonable cause to believe that a condition exists in or upon a premises that is contrary to or in violation of the Construction Codes. Where attempting to gain entrance for inspection, the code official and authorized representatives thereof shall present official credentials.

104.6.1 Occupied Residential Premises

AMENDMENT
This section has been amended at the state or city level.
With respect to the inspection of an occupied residential portion of any premises under the exclusive control of a tenant, the code official shall not enter that portion of the premises without first having obtained permission from the tenant or other person of suitable age and discretion who resides there, unless the code official has:
  1. A valid administrative search warrant which permits the inspection, pursuant to DC Official Code §§ 11-941 and 42-3509.08 (2012 Repl.), and/or DC Superior Court Civil Rule 204.
  2. A reasonable basis to believe that an imminent danger to the public health, safety or welfare exists requiring immediate entry into that portion of the premises.

104.6.1.1 Contractors and Other Persons With Common Authority Over the Premises

AMENDMENT
This section has been amended at the state or city level.
Where a residential tenant has given access or control to a contractor or other person to undertake work on the tenant's portion of the premises pursuant to a permit, the code official is authorized to obtain consent from the contractor or other person with common authority over the premises to enter the premises for the limited purpose of inspecting the work authorized by such permit.

104.6.2 Interference With Inspection

AMENDMENT
This section has been amended at the state or city level.
Any person who interferes with the code official in the performance of authorized duties, or prevents or refuses to allow the code official to enter a premises or any portion thereof for inspection in the performance of authorized duties, is in violation of the Construction Codes.

104.6.3 Refusal of Entry

AMENDMENT
This section has been amended at the state or city level.
If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry, including, but not limited to, application to the Superior Court for an administrative search warrant pursuant to DC Official Code §§ 42-3131.02 and 42-3509.08 (2012 Repl.), and Sup. Ct. Civ. R. 204.

104.7 Retention of Public Records

AMENDMENT
This section has been amended at the state or city level.
The code official shall comply with the requirements of the District of Columbia Public Records Management Act of 1985, as amended, effective September 5, 1985 [DC Law 6-19; DC Official Code §§ 2-1701 et seq. (2018 Repl.)] (the Public Records Act). Public records of the Department [as defined in DC Official Code § 2-1701(13)] shall be maintained for the period of time required by law. Records of permit applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued, and approved submittal documents shall be maintained so long as the building or other structure to which they relate remains in existence, unless otherwise provided for by statute, rule or regulation.

104.7.1 Flood Hazard Areas

AMENDMENT
This section has been amended at the state or city level.
Retention of records for premises located in flood hazard areas shall comply with Appendix G.

104.8 Liability

AMENDMENT
This section has been amended at the state or city level.
The code official or Department employee charged with the enforcement of the Construction Codes, the Zoning Regulations or other pertinent laws or regulations, while acting for the District of Columbia in good faith and without malice in the discharge of the duties required by the Construction Codes, the Zoning Regulations or other pertinent laws or regulations, shall not thereby be civilly or criminally rendered liable personally and are hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.

104.8.1 Legal Defense

AMENDMENT
This section has been amended at the state or city level.
Any suit or criminal complaint instituted against an officer or employee of the Department because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of the Construction Codes, the Zoning Regulations or other pertinent laws or regulations shall be defended by legal representatives of the District of Columbia until the final termination of the proceedings. The code official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of the Construction Codes, the Zoning Regulations or other pertinent laws or regulations enforced by the Department.

104.9 Approved Materials, Equipment and Devices

AMENDMENT
This section has been amended at the state or city level.
All materials, equipment and devices approved for use by the code official shall be constructed and installed in accordance with such approval.

104.9.1 Used Materials, Equipment and Devices

AMENDMENT
This section has been amended at the state or city level.
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.

104.9.2 Unlabeled Products

AMENDMENT
This section has been amended at the state or city level.
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 at the expense of the applicant, before a permit can be granted for this installation.

104.9.3 Assembled Components

AMENDMENT
This section has been amended at the state or city level.
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 before a permit can be granted for its installation.

104.9.4 Modular Structures

AMENDMENT
This section has been amended at the state or city level.
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.

104.10 Modifications

AMENDMENT
This section has been amended at the state or city level.
Wherever there are practical difficulties involved in carrying out the provisions of the Construction Codes, the code official shall have the authority to grant modifications for individual cases upon application of the owner or owner's representative; provided that the code official shall first find:
  1. That special individual reasons make the strict letter of the Construction Codes impractical.
  2. That the modification is in compliance with the intent and purpose of the Construction Codes.
  3. That such modification does not lessen health, accessibility, life and fire safety, or structural requirements.
The details of the action granting modification shall be recorded and entered in the appropriate files of the Department.

104.10.1 Procedure for Modifications

AMENDMENT
This section has been amended at the state or city level.
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.

104.10.2 Flood Hazard Areas

AMENDMENT
This section has been amended at the state or city level.
Modifications to any provision required in flood hazard areas are also subject to Section G105 of Appendix G.

104.10.3 Projections

AMENDMENT
This section has been amended at the state or city level.
Modifications to projection requirements set forth in Chapter 32 shall also comply with Section 3202.4.

104.11 Alternative Materials, Equipment, Methods of Construction and Design

AMENDMENT
This section has been amended at the state or city level.
The provisions of the Construction Codes are not intended to prevent the use of any material, equipment or method of construction not specifically prescribed by the Construction Codes, provided any such alternative has been approved by the Department. Alternative materials, equipment or methods of construction shall be approved when the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of the Construction Codes, and that the material, equipment or method offered is, for the purpose intended, at least the equivalent of that prescribed in the Construction Codes in quality, strength, effectiveness, fire-resistance, durability and safety. Approvals shall conform to Sections 1701 and 1703. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons why the alternative was not approved.

104.11.1 Research Reports

AMENDMENT
This section has been amended at the state or city level.
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.

104.11.2 Tests

AMENDMENT
This section has been amended at the state or city level.
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.

104.12 Reasonable Accommodation Under the Fair Housing Act

AMENDMENT
This section has been amended at the state or city level.
Requests for reasonable accommodation under the Fair Housing Act, 42 USC § 3604(f)(3)(B), as amended, shall be made according to the procedures set forth in 14 DCMR § 111.

104.13 Required Procedure

AMENDMENT
This section has been amended at the state or city level.
Except where provisions of the Construction Codes are modified pursuant to Sections 104.10, 104.11 or 104.12, no deviation from the provisions of the Construction Codes is permissible. A verbal waiver or verbal grant of permission by the code official or any representative thereof shall not give authority to violate or cancel any provisions of the Construction Codes, and shall not be relied upon as a basis for deviation from the provisions of the Construction Codes.

Section 105 Permits

AMENDMENT
This section has been amended at the state or city level.

105.1 Required Permits

AMENDMENT
This section has been amended at the state or city level.
Unless specifically exempted under Section 105.2, an owner or authorized agent who intends to undertake any of the activities set forth in items 1 through 5, or to cause any such work to be done shall first make application to the code official and obtain the required permit(s) relevant to the intended work:
  1. Construct, enlarge, alter, repair, move, demolish, raze, or change the occupancy of a building or other structure.
  2. Erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by the Construction Codes, or to cause any such work to be done.
  3. Install tower cranes or other hoisting devices.
  4. Movement, addition, deletion, relocation or redesignation of any lot line.
  5. Undertake any other activity regulated by the Construction Codes.

105.1.1 Classification of Permits

AMENDMENT
This section has been amended at the state or city level.
The code official is authorized to classify a permit application based on the applicant's stated scope of work. Permit classifications may include, but are not limited to, the following:
  1. Building permits.
  2. Raze permits.
  3. Demolition permits.
  4. Trade permits:
    1. Electrical.
    2. Gasfitting.
    3. Mechanical, including refrigeration and HVAC equipment.
    4. Plumbing.
    5. Elevators, escalators and other conveying systems.
    6. Fire alarm system and fire suppression system permits.
    7. Boilers and pressure vessels.
  5. Sign permits (subject to Sections 105.4.5 and 3107).
  6. Site Development permits (including but not limited to foundation, sheeting and shoring, earthwork, retaining walls and civil sitework (BCIV) permits).
  7. Miscellaneous permits.
    1. Projection permits.
    2. Crane and derrick permits.
    3. After-hours permits.
    4. Fences.
  8. Permits for other work as may be determined by the code official, and set forth by the Department in administrative bulletins.

105.1.2 Compliance With Code

AMENDMENT
This section has been amended at the state or city level.
The permit shall be an authorization to proceed with the work for which the permit was issued during authorized construction hours and shall not be construed as authority to violate, cancel or set aside any of the provisions of the Construction Codes, except as specifically stipulated by modification granted in accordance with Section 104.10.

105.1.3 Authorized Hours for Work Pursuant to a Permit

AMENDMENT
This section has been amended at the state or city level.
Authorized hours 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 public holidays. No work conducted under a permit is authorized on Sundays or legal public holidays without an after-hours permit. Legal public holidays are defined in DC Official Code §§ 1-612.02(a) (2016 Repl. & 2018 Supp.).
Exceptions:
  1. Interior work exempt from permit requirements, such as interior painting, wallpapering, carpet installation, cleaning or similar activities performed on the interior of a structure shall be allowed outside of authorized construction hours, subject to noise regulations in 20 DCMR.
  2. Finishing and weather protection activities of concrete where the code official determines that such activities are critical to achieving the concrete strength specified by the designer of record shall be allowed outside of authorized construction hours, subject to noise regulations in 20 DCMR.

105.1.3.1 Work Outside of Authorized Hours

AMENDMENT
This section has been amended at the state or city level.
No person shall engage in any work pursuant to a permit outside of the authorized construction hours specified in Section 105.1.3 including noted exceptions, unless the permit holder has obtained an after-hours permit in compliance with Section 105.4.1.

105.2 Work Exempted From Permit

AMENDMENT
This section has been amended at the state or city level.
This Section sets forth exemptions from permit requirements, subject to historic and Flood Hazard Area restrictions set forth in Sections 105.2.5 and 105.2.6 respectively. Exemptions from permit requirements of the Construction Codes shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the Construction Codes or of any other laws, regulations or ordinances of the District of Columbia.

Building:
  1. Brick pointing.
  2. Caulking, patching and plaster repair of nonrated assemblies.
  3. Installation of window screens and storm windows.
  4. Repair in kind of existing fences.
  5. Application of a paint, sealant, stain or other coating to a surface that, when dried, leaves a decorative or protective coating over that surface, provided that:
    1. The application of fire-retardant paint shall require the issuance of a permit.
    2. A permit may be required for such application under certain circumstances specified in Section 105.2.5.
  6. Papering, tiling, carpeting, floor covering, cabinets, countertops and similar finish work.
  7. Replacement in kind of one of the items listed hereafter. For the purpose of this section, "replacement in kind" means replacement with a feature of like material that replicates the existing feature in proportion, appearance, texture, design, detail and dimensions.
    1. Roof covering or coping.
    2. Siding.
    3. Gutters and downspouts and fascia.
    4. Private sidewalks and driveways where the area of land disturbance does not exceed 50 square feet (4.65 m2).
    5. Patios where the area of land disturbance does not exceed 50 square feet (4.65 m2).
    6. Nonrated suspended ceiling tile.
    7. Not more than 160 square feet (14.9 m2) of gypsum board excluding installation of fire-rated gypsum wall board or shaft liner.
  8. A single garden storage shed that does not exceed 50 square feet (4.65 m2) in area, is less than ten feet (3048 mm) in overall height, is an accessory structure to a building of Use Group R-3 or to a building under the jurisdiction of the Residential Code, and is erected on a lot with no other exempted storage shed.
  9. Prefabricated pools, spas or water features, accessory to a Group R-3 occupancy, or accessory to buildings under the jurisdiction of the Residential Code, which are less than 24 inches (610 mm) deep, do not exceed 1000 gallons (3785.41 L), are installed entirely above ground and are not designed or manufactured to be connected to a circulation system.
  10. Retaining walls that are not over four feet (1219 mm) in height, measured from the bottom of the footing to the top of the wall, only where the area of land disturbance does not exceed 50 square feet (4.65 m2).
  11. Shade cloth structures constructed for horticultural nursery or agricultural purposes, not including service systems.
  12. Swings and other playground equipment accessory to detached one- and two-family dwellings and townhouses.
  13. A tree house or playhouse, no more than 36 square feet (3.35 m2) in area and accessory to detached one- and two-family dwellings and townhouses.
  14. Movable fixtures, cases, racks, counters and partitions not over five feet nine inches (1753 mm) in height.
  15. A one-story mausoleum not exceeding 250 square feet (23 m2) in footprint area provided the mausoleum:
    1. Is of Type I or II construction.
    2. Does not contain any habitable space.
    3. Does not require any utility connections.
    Notwithstanding the applicability of this permit exemption, the person undertaking the proposed work shall comply with soil erosion and sediment control requirements enforced by Department of Energy and the Environment (21 DCMR, Chapter 5).
  16. The following signs are exempt from permit requirements:
    1. Signs with an area no greater than 1 square foot (0.09 m2).
    2. Interior signs that are not substantially visible from the outside of the building.
    3. Temporary signs (for less than 180 days) that are not more than 10 square feet (0.93 m2) in area and which do not use electricity.
    4. Noncommercial signs displayed on private property by the owner or occupant of the property, provided, that the sign.
      1. Is not more than 10 square feet (0.93 m2) in area.
      2. Does not use electricity.
      3. Does not require approval by the Commission of Fine Arts, Historic Preservation Review Board or Historic Preservation Office, Office of Planning, or the Chinatown Steering Committee.
    5. Other signs exempted from permitting requirements by any regulations adopted pursuant to the Sign Legislation.
  17. Structures erected for a period of less than 180 days in a 12-month period that cover an area of 150 square feet (13.9 m2) or less and are exempted from permit requirements by Section 3103.
  18. Tents and other membrane structures erected for a period of less than 180 days that cover an area of 150 square feet (13.9 m2) or less and are exempted from permit requirements by Section 3103.2 of the Fire Code.
  19. Erection or replacement of fixed or retractable awnings projecting 40 inches (1016 mm) or less that are located outside the jurisdiction of the US Commission of Fine Arts or the Historic Preservation Review Board, and are not subject to Section 3202.12, where the awnings meet one or more of the following criteria:
    1. Awnings installed on detached one- and two-family dwellings and townhouses not more than three stories above grade in height with a separate means of egress.
    2. Retractable awnings installed above the first story.
Electrical:
  1. Repair portable electrical equipment.
  2. Repair lighting fixtures.
  3. Repair or replace ballasts, sockets, receptacles, or snap switches.
  4. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles, and other minor repairs at existing outlets.
  5. Electrical equipment used for radio and television transmissions; however, a permit is required for equipment and wiring for a power supply and the installations of towers and antennas.
  6. Listed cord-and-plug connected temporary decorative lighting.
  7. Reinstallation of plug receptacles but not the outlets thereof.
  8. Replacement of branch circuit overcurrent devices of the required capacity in the same location.
  9. Installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.
Gas:
  1. Portable heating appliances.
  2. Connection of cooking or clothes drying appliances.
  3. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
  4. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Mechanical:
  1. Portable heating appliances.
  2. Portable ventilation appliances.
  3. Portable cooling units.
  4. Steam, hot or chilled water piping within any heating or cooling equipment or appliances regulated by the Construction Codes.
  5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
  6. Portable evaporative coolers.
  7. Self contained refrigerating systems containing 10 pounds (5 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less.
  8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Plumbing:
  1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drainage, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in the Construction Codes.
  2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.
  3. Repair or replacement of water meters performed by DC Water.
  4. Replacement of kitchen and bathroom sink or faucet, supply lines and exposed p trap connections within detached one- and two-family dwellings and townhouses.
  5. Replacement of a water closet or water closet seal within detached one- and two-family dwellings and townhouses.

105.2.1 [Reserved]

AMENDMENT
This section has been amended at the state or city level.

105.2.2 Ordinary Repairs

AMENDMENT
This section has been amended at the state or city level.
Permits are not required for ordinary repairs to buildings, other structures or equipment. Ordinary repairs shall not include any of the following:
  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.
  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.

105.2.3 Public Service Agencies

AMENDMENT
This section has been amended at the state or city level.
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 District of Columbia Public Services Commission or DC Water.
Exception: For projects of public service agencies involving land-disturbing activities or major substantial improvement activities as defined in 21 DCMR, Chapter 5, and for all work described in Sections 105.2.5 and 105.2.6, a public service agency shall be required to submit a permit application and, as applicable, thereafter obtain a permit for such project.

105.2.4 Permit Exemptions Subject to Public Space Requirements

AMENDMENT
This section has been amended at the state or city level.
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 wholly or partially on public space, the applicant shall be responsible for obtaining all public space permit(s) that are required by DDOT.

105.2.5 Permit Exemptions Not Applicable in Historic Districts or to Historically Designated Structures

AMENDMENT
This section has been amended at the state or city level.
When the proposed scope of work would qualify to be exempted from permit pursuant to Section 105.2 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 subject only to historic preservation review pursuant to Section 105.1 shall be required for the following work described in Section 105.2 Building: 1. Brick pointing; 4. Repair or replacement of fences, except as deemed an ordinary repair; 5. Painting of unpainted exterior masonry at a landmark property; 7. Replacement in kind of one of the listed items (except for interior ceiling tile and gypsum board); 8. Garden storage shed; 9. Prefabricated pools; and 10. Retaining walls. The code official shall not issue a permit based on an application subject solely to historic preservation review under this section without the prior review and approval of the Historic Preservation Office.

105.2.6 Permit Exemptions Not Applicable in Flood Hazard Areas

AMENDMENT
This section has been amended at the state or city level.
When the proposed scope of work would qualify to be exempted from permit requirements pursuant to Section 105.2, and the work is to occur on premises wholly or partially within a Flood Hazard Area, an application for a permit subject only to review by the Floodplain Administrator shall be required. The code official shall not issue a permit based on an application subject solely to review by the Floodplain Administrator under this section without the prior review and approval of the Floodplain Administrator regarding the disposition of the permit application by the code official.

105.3 Application for Permit

AMENDMENT
This section has been amended at the state or city level.
To obtain a permit, the applicant (as defined in Section 105.3.1) shall submit an application for a permit in the form prescribed and provided by the code official. Where a permit is required, it shall be obtained by the applicant prior to the commencement of corresponding work, except as provided in Section 105.4.6.

105.3.1 Authorized Applicant

AMENDMENT
This section has been amended at the state or city level.
Permit applications shall be submitted by the owner or lessee of the premises, or an authorized agent of either. (The persons referred to in this section and Section 105.3.1.1 are referred to collectively as the "applicant").

105.3.1.1 Trade Permit Applicant

AMENDMENT
This section has been amended at the state or city level.
A trade permit application shall be submitted only by, or on behalf of, the DC-licensed master tradesperson who is to be responsible for supervising the work to be done under a trade permit when issued.

105.3.1.2 Change in Applicant

AMENDMENT
This section has been amended at the state or city level.
Where a change in the applicant is proposed or occurs during the pendency of an unexpired permit application, whether as the result of a transfer of the premises or other circumstances, the permit application shall be deemed abandoned pursuant to Section 105.10 unless both of the following occur:
  1. The applicant of record notifies the code official of a change in applicant.
  2. The new applicant submits information required by the code official on an approved form.
If these actions are not completed by (a) the date that is 30 days after the date on which the change of applicant occurs, or (b) the date on which the permit application is approved, whichever is earlier, the permit application shall be deemed abandoned as of such date.
Exception: Trade permit applications are not transferable.

105.3.2 Form and Content of Application

AMENDMENT
This section has been amended at the state or city level.
Unless otherwise specified by the code official, the application shall:
  1. Be accompanied by any filing fee deposit required pursuant to Section 108.2.1.1 and any other fees required by the code official to be paid at the time of filing. All other fees shall be paid prior to issuance of the permit pursuant to Section 108.
  2. Clearly identify and describe the work to be covered by the permit for which application is made.
  3. Describe the premises on which the proposed work is to be done by address and lot and square.
  4. Provide sufficient information clearly distinguishing the existing use of the premises, or relevant portion thereof, from the proposed use.
  5. Indicate the use and occupancy for which the proposed work is intended.
  6. Be accompanied by a fully completed intake form and supporting submittal documents as required by Section 106.
    Exception:Submittal documents are not required for permit applications proposing only a change of use or occupant load where no proposed alterations are to be made. If a code compliance issue needs to be addressed following inspection of the premises, submittal documents shall be submitted as directed by the code official.
  7. Include an accurate breakdown of construction valuation in accordance with Section 108.3.
  8. Include name and contact information, including a valid electronic mail address, for all of the following:
    1. The applicant;
    2. The permit expediter (if applicable); and
    3. The D.C. licensed general contractor or construction manager (if known when the application is filed; if not known at the time of filing, this information shall be provided to the code official by the applicant as soon as the general contractor or construction manager is selected, but no later than the scheduling of the first inspection).
  9. Include the name and contact information, including a valid electronic mail address, for the person designated to receive Department communications relating to the application and for electronic service of notices and orders related to the permit based on the application.
  10. Include the applicant's certification that the information provided in the application is true and correct to the best of the applicant's knowledge, and acknowledging that a false statement in an application may subject the applicant to penalties as listed in Section 105.3.3. Submission of an online application shall be deemed to constitute the certification required under this section.
  11. Include the additional information required by Appendix G, Section G104, if the development site is located wholly or partially within a flood hazard area, including, but not limited to an elevation certificate or floodproofing certificate where required.
  12. Include the "Standards of External Effects" application required by the District of Columbia Zoning Regulations (11-U DCMR, Section 805) if the property is located in a PDR District.
  13. Include a list of names and addresses of owners of adjoining premises as identified in the Real Property Tax Database maintained by the Office of Tax and Revenue of the Office of the Chief Financial Officer for work subject to notification requirements in Sections 105.7 and/or 106.2.18.3.
  14. Include the name, signature, and license number of the licensed master tradesperson, or licensed elevator contractor or elevator mechanic, responsible for supervising the work as required by Sections 105.4.3 and 105.8, for trade permit applications to authorize work in electrical, mechanical, plumbing, fuel gas systems, or elevators and other conveying systems.
  15. Be signed by the applicant (as defined in Section 105.3.1.). Submission of an online application shall satisfy this requirement.
  16. Provide such other data and information as required by the code official.

105.3.3 Penalties for False Statements

AMENDMENT
This section has been amended at the state or city level.
False statements in an application shall constitute grounds for permit revocation pursuant to Section 111. Applicants are also subject to criminal penalties pursuant to Section 404 of the District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 [DC Law 4-164; DC Official Code § 22-2405 (2012 Repl. & 2018 Supp.)] for false statements.

105.3.4 Responsibility to Maintain Current Electronic Mail Address

AMENDMENT
This section has been amended at the state or city level.
While applications are pending for processing and after issuance of a permit, applicants and permit holders are required to inform the Department within 5 days of any changes to the e-mailing addresses provided in the underlying permit application as specified in Section 105.3.2, Items 8 and 9. The Department will provide any required notices or orders to the e-mail address submitted with the permit application as updated in compliance with this section.

105.3.5 Time Limitation of Application

AMENDMENT
This section has been amended at the state or city level.
An application for a permit for any proposed work shall be deemed to have been abandoned:
  1. One hundred eighty days after the date of filing, unless such application has been pursued in good faith, an extension has been granted pursuant to Section 105.3.5.1, or a permit has been issued.
  2. Where a change in the applicant occurs and the applicant of record and/or the new applicant fail to comply with the requirements of Section 105.3.1.2.

105.3.5.1 Extension of Application Time Limitation

AMENDMENT
This section has been amended at the state or city level.
The code official is authorized to grant a maximum of two extensions of time, not exceeding 180 days each, for agency consideration of a permit application, 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.

105.4 Additional Provisions Applicable to Certain Permits

AMENDMENT
This section has been amended at the state or city level.

105.4.1 After-Hours Permit

AMENDMENT
This section has been amended at the state or city level.
No person shall engage in any work pursuant to a permit outside of the authorized construction hours specified in Section 105.1.2 including noted exceptions, unless the permit holder has obtained an after-hours permit pursuant to the procedures established by the code official. Any work authorized by an after-hours permit shall comply with noise regulations set forth in 20 DCMR and to the conditions set forth in Section 105.4.1.1.

105.4.1.1 After-Hours Permit Impacting Residential Premises

AMENDMENT
This section has been amended at the state or city level.
No permit application for after-hours work in or within 500 feet (152 400 mm) of a Residence District or a Special Purpose District, or within 500 feet (152 400 mm) of a premises with an R occupancy as defined in Chapter 3, shall be approved by the code official without written comments or recommendations of either of the following:
  1. Any Advisory Neighborhood Commission(s) (ANC) whose boundaries encompass the premises where the after-hours work will take place or are within 500 feet (152 400 mm) of the premises where the after-hours work will take place (collectively
    the "affected premises").
  2. The ANC Commissioner for the single-member ANC District(s) in which the affected premises are located (or, where such a seat is vacant, the ANC Chair or the ANC Chair's designee).
Exceptions: The code official is authorized to issue an after-hours permit without the ANC or ANC Commissioner comments or recommendations required by this section:
  1. Where the code official determines that emergency conditions exist requiring the after-hours work.
  2. Where the code official determines that the public interest necessitates the after-hours work.

105.4.2 Annual Permit

AMENDMENT
This section has been amended at the state or city level.
In lieu of an individual permit for each alteration to an existing approved electrical, gas, mechanical or plumbing system, the code official is authorized, upon application therefor, 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.

105.4.2.1 Annual Permit Records

AMENDMENT
This section has been amended at the state or city level.
The person or entity to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The code official shall have access to such records at all times or such records shall be filed with the code official as designated.

105.4.3 Trade Permits

AMENDMENT
This section has been amended at the state or city level.
A trade permit is required for any work involving electrical, gasfitting, mechanical, plumbing, elevators and other conveying systems, and boilers, unless the work is exempted from permit requirements by Section 105.2. Trade permits shall be issued only where the following criteria are met:
  1. Where required by Section 105.8., the person applying for the trade permit must be a master tradesperson licensed in the District of Columbia who will be responsible for performing or supervising the work to be done under such permit in compliance with the licensing requirements for specific trades as set forth in Section 105.8.
  2. Trade permits must be associated with a building permit, except in either of the following circumstances:
    1. Where the code official determines that the scope of work is such that review of submittal documents is not required pursuant to Section 106.1.
    2. Where the code official determines that, based on the scope of work proposed, the submission of shop drawings is sufficient to ascertain compliance with the Construction Codes and the applicant submits shop drawings as required by the code official with the trade permit application.

105.4.4 Raze Permits

AMENDMENT
This section has been amended at the state or city level.
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 premises where the building or other structure is located. The notice shall front on the street of address of the building or other structure, or as designated by the code official, so as to be readable from the public way. The raze permit shall not be issued by the code official until the applicant provides an affidavit to the Department affirming that the notice has been posted and maintained as required by this section for at least 30 days. This notification requirement shall not apply to any emergency raze ordered by the code official.

105.4.4.1 Other Requirements

AMENDMENT
This section has been amended at the state or city level.
Prior to issuing a raze permit, the code official is authorized to require the applicant to submit other clearances and/or information that the code official deems necessary, including, but not limited to, asbestos removal, utility disconnects, grading plans, and historic preservation.

105.4.4.2 Fee

AMENDMENT
This section has been amended at the state or city level.
The applicant for a raze permit shall pay a fee for the furnishing of the notice required under Section 105.1.3.4 in accordance with the applicable fee schedule published in the DC Register, as amended from time to time.

105.4.4.3 Fines

AMENDMENT
This section has been amended at the state or city level.
Violations of this section shall be deemed a Class 3 infraction pursuant to 16 DCMR § 3200.

105.4.4.4 Additional Notifications Required

AMENDMENT
This section has been amended at the state or city level.
Applicants for raze permits are also required to comply with Section 106.2.18 where the raze work involves any structural work within 3 feet (762 mm) of an adjoining lot line or excavation work more than 3 feet (762 mm) below existing grade.

105.4.5 Sign Permits

AMENDMENT
This section has been amended at the state or city level.
To the extent that the code official is designated as the permitting and enforcement official for signs, pursuant to the Sign Legislation (as defined in Section 202.2), the duties and powers of the code official shall be governed by:
  1. Chapter 1, 12-A DCMR.
  2. Chapter 1, 12-G DCMR, 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.

105.4.5.1 Adoption of Superseding Sign Regulations Applicability of Construction Codes to Signs

AMENDMENT
This section has been amended at the state or city level.
Signs shall be designed, constructed installed, displayed and maintained in accordance with the requirements of the Construction Codes including, but not limited to, Building Code Appendix N, which is hereby expressly adopted and incorporated by reference, and Chapters 7, 15, 16 and 26, except to the extent that such requirements are superseded by regulations adopted by the District of Columbia pursuant to the Sign Legislation.

105.4.6 Permits for Emergency Work

AMENDMENT
This section has been amended at the state or city level.
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.

105.4.7 Site Development Permits

AMENDMENT
This section has been amended at the state or city level.
The code official is authorized to issue a site development 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 site development permit by the code official does not constitute assurance that a permit for the entire building or structure will be granted. The holder of a site development permit proceeds with the construction at the holder's own risk and without assurance that a permit for the entire building or other structure will be granted.

105.5 Action on Application

AMENDMENT
This section has been amended at the state or city level.
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 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.

105.5.1 Plan Review by Third-Party Agency

AMENDMENT
This section has been amended at the state or city level.
An applicant shall have the option of using an approved third-party agency to perform a code compliance review of a project, at the applicant's expense, pursuant and subject to the provisions of this Section; DC Official Code § 6-1405.02 (2018 Repl.); and the Third-Party Program Procedure Manual.

105.5.1.1 Notification of Intent to Use Third-Party Agency for Plan Review

AMENDMENT
This section has been amended at the state or city level.
Where a permit applicant wants to use a third-party agency for plan review, the applicant shall notify the Department of its intent in accordance with the procedures set forth in the Third-Party Program Procedure Manual.

105.5.1.2 Acceptance of Certification by Third-Party Agency

AMENDMENT
This section has been amended at the state or city level.
The code official is authorized to accept a certification, signed and sealed by the professional-in-charge of the approved third-party agency, in accordance with the procedures set forth in the Third-Party Program Procedure Manual. The Department shall complete its review within 15 business days after the date of submission of a complete application package to the Department, including the required third-party certification. The code official's issuance of related permits will be subject to receipt of any required approvals from other reviewing agencies, and compliance with applicable adjoining premises notification requirements.

105.5.2 Stormwater Management and Erosion and Sediment Control

AMENDMENT
This section has been amended at the state or city level.
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 the Water Pollution Control Act of 1984, effective March 16, 1985 [DC Law 5-188; DC Official Code §§ 8-103.01 et seq. (2013 Repl. & 2018 Supp.)] as amended.

105.5.3 Flood Hazard Areas

AMENDMENT
This section has been amended at the state or city level.
A permit shall not be issued for work within the scope of Appendix G without review and receipt of comments and recommendations from the Floodplain Administrator concerning the code official's disposition of the application, as required therein.

105.5.4 Additional Grounds for Permit Denial

AMENDMENT
This section has been amended at the state or city level.
The code official is authorized to deny issuance of a permit to an applicant because of either of the following:
  1. Pursuant to DC Official Code § 6-1407.01.
  2. Where the owner, applicant, general contractor, construction manager, home improvement contractor, registered design professional, registered design professional in responsible charge, or responsible officer has outstanding fines, penalties, notices or orders imposed under the Construction Codes, or if the code official determines that the owner, applicant, general contractor, construction manager, home improvement contractor, registered design professional, registered design professional in responsible charge, or responsible officer is in violation of any provision of the Construction Codes.

105.5.4.1 Code Official Authority

AMENDMENT
This section has been amended at the state or city level.
For purposes of Section 105.5.4 and 105.5.5, the code official is authorized to request additional information from an applicant to determine whether the applicant has filed under a new organizational form or name, in order to avoid either permit denial under the provisions of Section 105.5.4 or posting of fine amounts under Section 105.5.5.

105.5.5 Outstanding Fines for Illegal Construction

AMENDMENT
This section has been amended at the state or city level.
Where civil infraction citations for illegal construction under Section 113.1 have been issued to an applicant, all applicable fine amounts must be posted with the Treasurer of the District of Columbia by the applicant, prior to the issuance of any permit to the applicant. Upon adjudication of said civil infraction citations, any fines or penalties not assessed to the applicant will be refunded. The code official, in his or her discretion, may reduce the amount of the fines required to be posted.

105.5.6 Approval of Construction Documents

AMENDMENT
This section has been amended at the state or city level.
When the code official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Approved." Unless submitted electronically, one set of approved construction documents so reviewed by the code official shall be retained by the code official and the other sets shall be returned to the applicant.

105.5.7 Signature on Permit

AMENDMENT
This section has been amended at the state or city level.
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.

105.6 Posting of Permit

AMENDMENT
This section has been amended at the state or city level.
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 work for which the permit is issued. Public information deemed relevant by the code official for all permits issued by the Department shall be published on the Department's website.

105.6.1 On-Site Retention of Construction Documents

AMENDMENT
This section has been amended at the state or city level.
A legible, printed copy of approved construction documents for each permit, of a size sufficient to see all details, shall be kept on-site at all times until a certificate of occupancy for the premises subject to the permit is issued or until completion of the work and approval of the final inspection for the work performed at the premises under the permit if no certificate of occupancy or new certificate of occupancy is required.

105.7 Notification of Owners of Adjoining Premises in Certain Districts

AMENDMENT
This section has been amended at the state or city level.
Upon issuance of a permit authorizing work on a premises in a Residential, Special Purpose or Mixed Use District, and prior to commencing that work, the permit holder shall provide written notice on an approved form to each owner of a one-family or two-family dwelling on a lot adjoining the premises on which the work is authorized pursuant to the permit. Delivery of the notification required by this section will be satisfied by mailing the required form to the owner of record of the adjoining premises by first-class mail at the address listed in the Real Property Assessment Database maintained by the District of Columbia Office of Tax and Revenue.

105.8 Duties of Persons Performing Work Pursuant to a Permit

AMENDMENT
This section has been amended at the state or city level.
No person shall undertake work pursuant to a permit required by Section 105 without possessing a valid and appropriate business license, professional license and/or trade license in the District of Columbia, pursuant to DC Official Code §§ 47-2853.01 et seq., and Titles 16 and 17 DCMR, as applicable.

105.8.1 General Contractors, Construction Managers and Home Improvement Contractors

AMENDMENT
This section has been amended at the state or city level.
General contractors, construction managers and home improvement contractors are responsible for hiring and/or subcontracting with persons who possess the appropriate license(s) to perform the work, and shall, at all times, be responsible for the proper supervision and inspection of the work and to perform the work in compliance with the Construction Codes and the approved construction documents. The general contractor, construction manager or home improvement contractor is responsible to employ or subcontract with at least one master or qualified individual of the appropriate category to perform the duties of a master or qualified individual for trade permits as specified in Section 105.8.2. Upon request by the code official, the general contractor, construction manager or home improvement contractor shall provide a written listing of persons holding qualifications specified in Sections 105.8.2.1 through 105.8.2.5, and other employees or subcontractors, with their respective DC license numbers, for each permit in effect.

105.8.2 Performance of Work Pursuant to Trade Permit

AMENDMENT
This section has been amended at the state or city level.
The person to whom a trade permit is issued shall be responsible for performing or supervising the work to be performed under such permit. Work in electrical systems, refrigeration or air conditioning systems, plumbing systems, fuel gas systems, and elevator and conveying systems that requires a permit shall be performed and supervised in accordance with Sections 105.8.2.1 through 105.8.2.5. Registration and licensure requirements of the applicable tradespersons shall be pursuant to DC Official Code §§ 47-2853.01 et seq. (2015 Repl. & 2018 Supp.) and Titles 16 and 17 DCMR. The code official is authorized to request current proof of compliance with this section in the course of inspections of such work.

105.8.2.1 Electrical Trades

AMENDMENT
This section has been amended at the state or city level.
Electrical work requiring a permit shall be performed by a licensed master electrician, a licensed master electrician limited (low voltage), a licensed journeyman electrician, or a registered apprentice electrician under the supervision of a licensed master electrician. A licensed master electrician limited (low voltage) shall be authorized to supervise electrical work in low voltage systems. Licensure and registration requirements for these tradespersons shall be pursuant to D.C Official Code §§ 47-2853.91 through 47-2853.93 (2015 Repl. & 2018 Supp.) and Title 17 DCMR, Chapter 2.

105.8.2.2 Mechanical Trades

AMENDMENT
This section has been amended at the state or city level.
Refrigeration and air-conditioning work requiring a permit shall be performed by a licensed master mechanic, a licensed master mechanic limited, a licensed journeyman refrigeration and air-conditioning mechanic, or a registered apprentice refrigeration and air-conditioning mechanic under the supervision of a licensed master mechanic. A licensed master mechanic limited shall be authorized to supervise refrigeration and air-conditioning work in systems less than 25 compressor horsepower. Licensure and registration requirements for these tradespersons shall be pursuant to D.C Official Code §§ 47-2853.201 through 47-2853.203 (2015 Repl.) and Title 17 DCMR, Chapters 3 and 15.

105.8.2.3 Plumbing Trades

AMENDMENT
This section has been amended at the state or city level.
Plumbing work requiring a permit shall be performed by a licensed master plumber/gasfitter, a licensed master gasfitter, a licensed journeyman plumber, a licensed journeyman gasfitter, or a registered apprentice plumber under the supervision of a licensed master plumber/gasfitter. Licensure and registration requirements for these tradespersons shall be pursuant to DC Official Code §§ 47-2853.121 through 47-2853.123 (2015 Repl. & 2018 Supp.).

105.8.2.4 Gasfitting Trades

AMENDMENT
This section has been amended at the state or city level.
Gasfitting work requiring a permit shall be performed by a licensed master plumber/gasfitter, a licensed master gasfitter, a licensed journeyman plumber, a licensed journeyman gasfitter, a registered apprentice plumber, or a registered apprentice gasfitter under the supervision of a licensed master plumber/gasfitter or of a licensed master gasfitter. Licensure and registration requirements for these tradespersons shall be pursuant to D.C Official Code §§ 47-2853.121 through 47-2853.123 (2015 Repl. & 2018 Supp.).

105.8.2.5 Elevator and Conveying Systems Trades

AMENDMENT
This section has been amended at the state or city level.
Work in elevators and conveying systems requiring a permit shall be performed by a licensed elevator contractor, an employee of a licensed elevator contractor, a licensed elevator mechanic, or a registered apprentice elevator mechanic under the supervision of a licensed elevator contractor or a licensed elevator mechanic. Licensure and registration requirements for these tradespersons shall be pursuant to D.C Official Code §§ 47-2853.95 through 47-2853.99 (2015 Repl. & 2018 Supp.).

105.9 Permit Revisions

AMENDMENT
This section has been amended at the state or city level.
The holder of a valid active 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, by submitting an application for permit revision, accompanied by a copy of the originally approved submittal documents and, unless submitted electronically, by two sets of the revised plans. If the code official approves a permit revision, and a 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 permit it amends. The extension provisions of Section 105.5.1 shall apply to the original permit and shall only affect the respective revision permits to the extent that the original permit is extended.

105.9.1 Code Official Authority

AMENDMENT
This section has been amended at the state or city level.
Nothing herein shall preclude the code official from requiring submission of a new permit application, in lieu of permit revisions.

105.10 Expiration of Permit

AMENDMENT
This section has been amended at the state or city level.
Any permit issued shall become null and void, upon occurrence of any one of the following circumstances, unless a permit extension has been obtained under Section 105.11:
  1. The authorized work is not begun within 12 months after the permit is issued, or within 180 days after the permit is issued where the permit is issued for work (a) regulated by the Residential Code or (b) to occur on premises located wholly or partially within a Flood Hazard Area; or
  2. The authorized work is suspended or abandoned for a period of 12 months, or for 180 days for permits issued for work (a) regulated by the Residential Code or (b) to occur on premises located wholly or partially within a Flood Hazard Area; or
  3. The authorized work has not received inspection approval or partial inspection approval for at least one inspection required by Section 109 within a period of 12 months, or within a period of 180 days for permits issued for work regulated by the Residential Code or to occur on premises located wholly or partially within a Flood Hazard Area, which period shall commence on the later of (a) the date authorized work is begun or (b) the date of the last approved inspection or partial inspection.
  4. The authorized work has not obtained final inspection approval within 48 months after the permit is issued unless the code official grants an extension under Section 105.11.

105.10.1 Expiration of Permits for Unsafe, Abandoned or Deteriorated Premises

AMENDMENT
This section has been amended at the state or city level.
Any permit issued for work on premises that have been deemed to be unsafe or unfit for human occupancy (in accordance with Section 115 or 116 of this code or Section 108 or 109 of the Property Maintenance Code), or abandoned or deteriorated property [in accordance with DC Official Code §§ 42-3171.01 et seq. (2012 Repl.)], shall become null and void if the authorized work is not begun within 30 days after the permit is issued and completed within six months after the date work is begun, unless the permit is extended in accordance with Section 105.11. If the work has not been completed within the 180 day period or any extension period granted by the code official, the Department is authorized to complete the work in accordance with DC Official Code §§ 42-3131.01 et seq. (2012 Repl.) and to seek any other remedies or penalties authorized by law, including monetary fines, criminal prosecution, or court orders directing correction or abatement of the violation.  

105.10.2 Suspended or Abandoned Work

AMENDMENT
This section has been amended at the state or city level.
In determining whether work has been suspended or abandoned under Section 105.10, the code official shall have the right to request documentation from the permit holder and to inspect the premises for which the permit has been granted.

105.10.3 Reinstatement of Expired Permit

AMENDMENT
This section has been amended at the state or city level.
The code official has the authority to reinstate, in writing, an expired permit upon a showing of applicable extenuating circumstances.

105.11 Extension of Permit

AMENDMENT
This section has been amended at the state or city level.
A permit may be extended upon written request, prior to expiration and upon a showing of good cause subject to the conditions set forth in this section. The code official is authorized to grant no more than four extensions of time, not to exceed 180 days per extension. In no event shall the aggregate extensions of time exceed two years. The code official shall have the discretion to inspect the premises for which a permit extension has been requested prior to granting an extension.

105.11.1 Permits for Single-Family Dwellings

AMENDMENT
This section has been amended at the state or city level.
Notwithstanding the provisions of Sections 105.10 and 105.11, the code official is authorized to impose a three year time limit to complete construction of new detached single-family dwellings, additions to detached single-family dwellings and new residential accessory structures. The time limit shall begin from the issuance date of the permit. The code official is authorized to grant extensions of time if the applicant can demonstrate substantive progress, characterized by approved inspections as specified in this code of at least one inspection within a period of six months or other evidence that would indicate substantial work has been performed.

105.12 Change in Permit Holder

AMENDMENT
This section has been amended at the state or city level.
Where a change in the permit holder of a valid, unexpired permit is proposed or occurs, whether as the result of a transfer of the premises or other circumstances, the permit shall be deemed null and void unless, within 30 days after the date on which the change of permit holder occurs:
  1. The permit holder of record notifies the code official of a change in permit holder.
  2. The new permit holder submits information required by the code official on an approved form.
Exception: Trade permits are not transferable.

105.13 Surrender and Cancellation of Permits

AMENDMENT
This section has been amended at the state or city level.
If a permit holder desires to terminate a valid permit, the permit holder shall surrender the permit to the Department with a notarized affidavit stating the permit holder's irrevocable renouncement of all rights under the permit. Upon receipt of the surrendered permit and affidavit terminating the permit holder's rights under the permit, the Department shall declare the surrendered permit invalid and cancel the permit. The code official is authorized to conduct an inspection of the premises under Section 104.4 in connection with the surrender or cancellation.

105.14 Revocation of Permits

AMENDMENT
This section has been amended at the state or city level.
Procedures for revocation of permits are set forth in Section 111. Appeals of permit revocations shall be governed by Section 112.

Section 106 Submittal Documents

AMENDMENT
This section has been amended at the state or city level.

106.1 General

AMENDMENT
This section has been amended at the state or city level.
Submittal documents shall consist of construction documents (as specified in Section 106 or as may be required by the code official), a statement of special inspections, reports, and other data. The construction documents shall be prepared by a registered design professional where required by the Construction Codes. Where special conditions exist, the code official is authorized to require additional construction documents, including those submittal documents to be prepared by a registered design professional.
Exception: Where the code official deems that the nature of the work applied for is such that review of submittal documents is not necessary to confirm compliance with the Construction Codes, the code official is authorized to accept and process a permit application without some or all of the otherwise required submittal documents, or to modify the form and content of any otherwise required submittal document, provided, that this exception does not apply where the Construction Codes require submittal documents to be prepared by a registered design professional.

106.1.1 Electronic Submission

AMENDMENT
This section has been amended at the state or city level.
Required submittal documents shall be submitted electronically with each permit application.
Exception: Applicants are authorized to submit four sets of construction documents and one set of all other submittal documents, in lieu of an electronic submission where specified by the code official.

Where submittal documents are not required to be submitted electronically, the code official is authorized to establish requirements, including but not limited to maximum overall size, for submittal documents acceptable for review.

106.1.2 Scale of Construction Documents

AMENDMENT
This section has been amended at the state or city level.
All construction documents shall be drawn to the scale of not less than 1/8 inch to the foot (10 mm/m).
Exceptions:
  1. Site Plan.
  2. Building Plat.

106.2 Construction Documents

AMENDMENT
This section has been amended at the state or city level.
Construction documents shall be in accordance with Sections 106.2.1 through 106.2.20.

106.2.1 Architectural and Engineering Details

AMENDMENT
This section has been amended at the state or city level.
The code official shall require adequate details of architectural, structural, accessibility, fire protection, electrical, fuel gas, mechanical, plumbing, energy conservation, and green building provisions to be submitted, including computations, stress diagrams, sound transmission details and other technical data essential to assess compliance with the Construction Codes, as further specified in Section 106. In addition, these construction documents shall include the following:
  1. Concrete and masonry strengths, floor and wall design and reinforcement details.
  2. Wood Framing design and details.
  3. Footing, foundation wall design and details.
  4. Roof framing design and details.
  5. Interior supporting elements and details.
  6. Premanufactured systems referenced in Section 106.2.1.14.
  7. Underpinning, sheeting and shoring and associated schedules.
  8. Fire-rated walls, floors, roofs and other assemblies with details of installation.
  9. For exterior alteration of and/or addition to an existing structure, include photograph(s) that clearly depict the condition of the structure's front, rear, sides, roof, and adjoining roofs, as applicable, at the time the permit application is submitted.

106.2.2 Means of Egress

AMENDMENT
This section has been amended at the state or city level.
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.

106.2.3 Exterior Envelope

AMENDMENT
This section has been amended at the state or city level.
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.

106.2.3.1 Exterior Opening Near a Lot Line

AMENDMENT
This section has been amended at the state or city level.
Where exterior wall openings are provided in accordance with Section 705.8.7, the construction documents shall include separate drawings illustrating compliance with all criteria of Section 705.8.7 in its entirety. Drawings shall indicate distances to interior record lot lines, adjacent buildings, percentages of exterior openings, protection of openings, and vertical distances above adjacent buildings on the same or adjacent lots as needed to demonstrate compliance with Section 705.8.7.

106.2.4 Structural Documents

AMENDMENT
This section has been amended at the state or city level.
Before a permit is issued and before work can begin, structural documents shall be submitted in accordance with Section 1603,  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. A geotechnical report shall be provided where required by Sections 1705.6 and 1803. The code official shall have the right to require that the structural computations for the structure be submitted for review.

106.2.5 Fire Protection Documents

AMENDMENT
This section has been amended at the state or city level.
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. The construction documents shall include sufficient information and detail to adequately describe the elements of any smoke control systems including stair pressurization calculations, 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.

106.2.6 Elevator and Other Conveying Systems Documents

AMENDMENT
This section has been amended at the state or city level.
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. The construction documents shall clearly show:
  1. The location, overall dimensions and type of all vertical transportation systems.
  2. The primary and secondary levels of elevator recall, 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.
  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.
  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.

106.2.7 Electrical Documents

AMENDMENT
This section has been amended at the state or city level.
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. 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. Control of emergency lighting systems in places of public assembly and education and, in accordance with Section 1008, and life safety systems for hazardous uses in Sections 414 and 415.
  2. Stairway and exit illumination in accordance with Sections 1006 and 1205, "Exit" sign lighting circuits in accordance with Section 1011, and elevator car illumination in accordance with Chapter 30.
  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 and Section 907.
  5. Wiring of signs in accordance with Section 3107, and telecommunication and broadcast towers in accordance with Section 3108.
  6. Power control electric operation and circuit wiring of elevators, escalators and other conveying systems in accordance with Chapter 30.
  7. Illumination of spaces intended for human occupancy in accordance with Section 1205.
  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.
  11. Fault current calculations.
  12. Service size and load calculations.
  13. Riser diagram with details.
  14. Panel schedule with details and references.

106.2.7.1 Exemptions

AMENDMENT
This section has been amended at the state or city level.
Electrical plans shall not be required for the following:
  1. Any work exempted from the building permit requirement in accordance with Section 105.2.
  2. Repair or replacement in kind of electrical equipment.
  3. Work involving only structures without equipment regulated by the Electrical Code, such as open sheds for storage purposes, detached private garages and other similar spaces not required by the Construction Codes to be provided with electric current.
  4. Temporary sanitary installations required for construction operations.

106.2.8 Fuel Gas Documents

AMENDMENT
This section has been amended at the state or city level.
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. Construction documents shall indicate where penetrations will be made for installations and shall indicate fire stop penetration details at rated wall and floor assemblies. Plans must include a piping plan with gas riser diagram.

106.2.9 Mechanical Documents

AMENDMENT
This section has been amended at the state or city level.
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 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.

106.2.9.1 Exemptions

AMENDMENT
This section has been amended at the state or city level.
Mechanical plans shall not be required for the following:
  1. Any work exempted from building permit requirement in accordance with Section 105.2.
  2. Repair or replacement in kind of mechanical equipment.
  3. Work involving only structures without equipment regulated by the Mechanical Code, such as open sheds for storage purposes, detached private garages and other similar spaces not required by the Construction Codes to be heated.

106.2.10 Plumbing Documents

AMENDMENT
This section has been amended at the state or city level.
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. 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; the soil, waste, vent and water supply piping; the method or equipment proposed to prevent cross-contamination and backflow; and fire-stop penetration details at rated wall and floor assemblies.

106.2.10.1 Public Sewer

AMENDMENT
This section has been amended at the state or city level.
Plans for new plumbing or alterations to existing plumbing systems shall be accompanied by a diagram showing the relative elevation of the lowest fixture and the top of the public sewer referred to in the established datum of DC Water. The plans shall show the size, number and location of all new sewer connections. 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.

106.2.10.2 Public Water Main

AMENDMENT
This section has been amended at the state or city level.
Where the installation of a water distribution system or the replacement or alteration of an existing water supply system is contemplated, the plumbing plans shall show the location and size of all water lines and branches involved, all fixtures or other devices to be supplied and the minimum water pressure in the main in front of the building or other structure.

106.2.10.3 DC Water Certificate of Approval

AMENDMENT
This section has been amended at the state or city level.
A water and sewer Certificate of Approval, issued by DC Water, shall be provided with the plumbing plans for every project where DC Water is requested to furnish new water or sewer service connections.

106.2.10.4 Exemptions

AMENDMENT
This section has been amended at the state or city level.
Plumbing plans shall not be required for the following:
  1. Any work exempted from building permit requirement in accordance with Section 105.2.
  2. Repair or replacement in kind of plumbing fixtures.
  3. Work involving only structures without plumbing fixtures, such as open sheds for storage purposes, detached private garages and temporary installations for exhibition purposes where not designed for sanitary use and not directly connected to a sewage system.
  4. Temporary sanitary installations required for construction operations that are not designed to be directly connected to the public sewer system.

106.2.11 Energy Conservation Documents

AMENDMENT
This section has been amended at the state or city level.
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, and mechanical system design criteria.
  4. Mechanical and service water heating systems 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.
  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.

106.2.12 Green Building Documents

AMENDMENT
This section has been amended at the state or city level.
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 101.12, and with any green building submittal requirements specified by the code official as set forth in the Department's Administrative Bulletins.

106.2.13 Zoning Compliance Review Data

AMENDMENT
This section has been amended at the state or city level.
The applicant shall provide to the Zoning Division of the Department plans showing orientation of the lot as to North, drawn to a scale indicated numerically as well as depicted graphically, and including the following information:
  1. The shape, dimensions and topography of the lot to be built upon, in sufficient detail to allow determination of heights above both the existing grade and the 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 [36 Stat. 452; DC Official Code § 6-601.05 (2018 Repl.)] as amended.
  3. The shape and location in plan of all existing and proposed structures, fully dimensioned and labeled, including orientation, elevation in relationship to existing and proposed grades, and distances to lot lines so as to define without ambiguity the dimensions and location of said structures.
  4. Longitudinal elevations of all existing and proposed structures fully dimensioned and shown in relation to the entire lot and the existing and proposed grades, so as to define without ambiguity the dimensions of said structures.
  5. The parking and loading plans, with labels distinguishing existing facilities from proposed facilities, and the basis for computation of the facilities shown on those plans.
  6. The location and elevation of any proposed retaining walls higher than 48 inches (1219 mm) above existing grade.
  7. A Zoning Data Summary of the project including, as applicable to the particular requirements of the zone in which the premises that are subject to the permit application, 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.
  8. Other information necessary to determine compliance with the Zoning Regulations.

106.2.14 Shop Drawings

AMENDMENT
This section has been amended at the state or city level.
Before construction or installation of the elements and systems listed below, the code official is authorized to require submission of shop drawings bearing the review stamp of the engineer of record, and bearing the seal and signature of the registered design professional who designed the system. Where the project is subject to the mandatory electronic submission requirements in Section 106.1, shop drawings shall be submitted electronically unless otherwise allowed by the code official. Where electronic submission is not required, four sets of shop drawings shall be submitted.
  1. Structural steel and steel trusses, with connection details.
  2. Open web steel joists.
  3. Precast and prestressed concrete.
  4. Post tensioning.
  5. Space frames.
  6. Strong backs.
  7. Curtain wall.
  8. Structural wood trusses, beams, girders, and posts with connection details
  9. Concrete mixes.
  10. Structural, electrical, and mechanical loads related to new construction installations of elevators, escalators and other conveying systems including, but not limited to, accessibility lifts.
  11. Pre-engineered elements.
  12. Suspended plaster ceiling systems.
  13. Underpinning.
  14. Sheeting and shoring.
  15. Formwork.
  16. Automatic fire suppression systems.
  17. Fire alarm systems.
  18. Smoke control systems.
  19. Commercial kitchen hood suppression systems.
    Exception for Items 16, 17 and 19: The code official is authorized to accept the following shop drawings without the seal and signature of the registered design professional who designed the system:
    1. Where the automatic fire suppression systems shop drawing bears the stamp and signature of a National Institute for Certification in Engineering Technology (NICET) Level III Technician certified in Automatic Sprinkler System Layout or Special Hazards Suppression Systems.
    2. Where the fire alarm shop drawing bears the stamp and signature of a NICET Level III Technician certified in Fire Alarm Systems.
  20. Flammable and combustible liquid storage tanks.
  21. All installations, modernizations or alterations of elevators and conveying systems.

106.2.15 Official Building Plat

AMENDMENT
This section has been amended at the state or city level.
The applicant shall provide an official building plat of a lot that is the subject of an application, issued by the DC Office of the Surveyor, in duplicate or by electronic submission, as part of 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 new parking spaces or loading berth(s) external to a building or other structure, regardless of the amount of work involved.

106.2.15.1 Plat Information

AMENDMENT
This section has been amended at the state or city level.
The applicant shall show upon the building plat, completely dimensioned and drawn in ink to the same scale as the plat, the following:
  1. The outline of all buildings, additions, or other structures existing and to be constructed, with existing structures labeled and clearly distinguished from those to be constructed.
  2. The number, size, shape and location of all open parking spaces, open loading berths, and approaches to all parking and loading facilities, as applicable, external to a building or other structure, as well as all approaches to all parking and loading facilities existing and to be installed on the lot, whether within or exterior to any building or other structure, with existing parking and loading facilities labeled and clearly distinguished from those proposed to be added.
  3. The grade in elevation datum on the edges of the lot and any change in grade over 5 feet (1524 mm) within the lot, or a statement by the owner or agent that no change in grade over 5 feet (1524 mm) occurs on the lot.
  4. Any proposed pervious surface to be used to satisfy zoning requirements.
  5. Other information deemed necessary by the Zoning Administrator to determine compliance with the Zoning Regulations. If necessary due to the complexity of the proposed work, the Zoning Administrator is authorized to require the submission of two plats, one depicting existing conditions, including structures and topography, and the other depicting proposed conditions, including structures and topography.

106.2.15.2 Certification of Plat

AMENDMENT
This section has been amended at the state or city level.
The accuracy of the representation of the location of the structures on the plat shall be self-certified by the owner or authorized agent for the owner of the lot of record or parcel of land, who shall sign a certificate in a form prescribed by the code official, printed on the building plat.

106.2.16 Site Plan

AMENDMENT
This section has been amended at the state or city level.
The applicant shall provide a site plan, which shall not substitute for the official building plat required by Section 106.2.15, whenever the application for permit involves any of the following:
  1. Erection of a new building or other structure.
  2. Addition to an existing building.
  3. Permanent construction outside the footprint of existing buildings.
  4. Construction or alteration of projections into public space.
  5. Erection of retaining walls.
  6. A major substantial improvement activity (as defined by 21 DCMR, Chapter 5) or a land-disturbing activity regulated by 21 DCMR, Chapter 5.
  7. Demolition or razing of existing structures or buildings.
  8. Installation or replacement of underground utility service connections.
  9. Installation or replacement of site drainage systems.
  10. Alteration to the path of the exit discharge to the public way.
  11. Construction in whole or in part on a development site in whole or in part within a Flood Hazard Area as established in 20 DCMR, Chapter 31.

106.2.16.1 Site Plan Information

AMENDMENT
This section has been amended at the state or city level.
The applicant shall show upon the site plan, completely dimensioned and drawn to a scale indicated numerically and graphically, the following:
  1. The site.
  2. Its orientation to North.
  3. The location and dimensions of all existing structures on the site, labeled if it is to be demolished or to be retained.
  4. The location and dimensions of all new construction on the site.
  5. The distances from lot lines.
  6. The established street grades.
  7. The existing and proposed finished grades, including any change over 5 feet (1524 mm) across the lot.
  8. Any features required to comply with 21 DCMR, Chapter 5.
  9. Location of the path of the exit discharge to the public way.
  10. Location of utility service lines and connections thereto (with dimensions and all appurtenant features of such connections).
  11. Where a development site is wholly or partially within a flood hazard area, then the flood hazard area(s) floodways and identification of design flood elevations, as applicable, shall be provided in compliance with Appendix G.

106.2.17 Flood Hazard Areas — Additional Submission Requirements

AMENDMENT
This section has been amended at the state or city level.
For development in a development site that is within the scope of Appendix G, the applicant shall provide the additional information and data required by Appendix G as part of the permit application.

106.2.18 Protection of Adjoining Premises-Additional Submission Requirements

AMENDMENT
This section has been amended at the state or city level.

106.2.18.1 Underpinning

AMENDMENT
This section has been amended at the state or city level.
Where underpinning is chosen to provide the protection or support of adjoining premises, the applicant shall provide such information as the code official deems necessary to determine the applicant's compliance with the applicable provisions of the Construction Codes.

106.2.18.2 Excavations

AMENDMENT
This section has been amended at the state or city level.
Where an application for permit proposes excavation work, the code official is authorized to require the applicant to submit additional data the code official deems necessary to determine the appropriateness of the proposed structural measures to protect the integrity of the soil and structures located on the adjoining premises.

106.2.18.3 Notification of Owners of Adjoining Premises

AMENDMENT
This section has been amended at the state or city level.
Notification of owners of adjoining premises (and owners of adjacent premises for snow drift loads) shall be provided by the applicant pursuant to the procedures set forth in Section 106.2.18.3.1, where the proposed work involves all or any of the following:
  1. Where excavation requiring a permit will occur on the construction site.
    Exception: Where the code official determines that the excavation work will not have any adverse impact on structural or lateral support of the adjoining premises.
  2. Where there is a need to install permanent or temporary structural support for an adjoining premises or portion thereof, including but not limited to underpinning, as a result of the proposed work.
  3. Where the proposed work will alter imposed loads on a party wall or any load-bearing member of an adjoining premises.
  4. Where access to an adjoining premises is required to install protective measures or undertake other work required by Section 3307.
  5. Where the proposed work will render or potentially render adjoining or adjacent premises non-compliant with the Chimney Provisions (as defined in Section 3307.1.1) or with the snow load requirements in Section 1603.1.3 or Section R301.2.3 of the Residential Code, as applicable. 
Exception: Notification is not required for applications submitted pursuant to Section 3307.1.4, by the owner of an adjoining or adjacent premises that has assumed responsibility for any required protective work.

For purposes of this section, a "party wall" shall be defined as "a wall that straddles, or is in close proximity to, a lot line, and which is used for structural support by two or more adjoining buildings or structures."

106.2.18.3.1 Evidence of Notification

AMENDMENT
This section has been amended at the state or city level.
As required by this section, and prior to permit issuance, the applicant shall provide evidence of notification, consisting of:
  1. Evidence of the posting required by Section 106.2.18.3.1.1.
  2. Evidence of the delivery of written notice required by Section 106.2.18.3.1.2.
  3. The affidavit of maintenance required by Section 106.2.18.3.1.3.
No permit application within the scope of Section 106.2.18.3 will be granted without the specified evidence of notification, except as provided in Section 106.2.18.3.1.3.

106.2.18.3.1.1 Required Posting

AMENDMENT
This section has been amended at the state or city level.
A notice of the filing of a permit application within the scope of Section 106.2.18.3 shall be posted by the applicant on the premises upon which the permit application seeks authorization to perform the work, and shall comply with the following conditions:
  1. The notice shall be posted for a continuous period of at least 30 days, including the 30- day period immediately prior to issuance of the permit.
  2. The notice shall be given on a form approved by the code official and shall be legible from the public way that provides the main entrance to the premises, as determined by the code official.
  3. If the notice is destroyed, damaged, or removed during the posting period, the applicant shall promptly replace the notice.
  4. Photographic evidence of the required posting shall be submitted to the code official by the applicant, and the associated permit( s) shall not be issued without this photographic evidence.

106.2.18.3.1.2 Required Written Notice

AMENDMENT
This section has been amended at the state or city level.
Prior to submission of a permit application within the scope of Section 106.2.18.3, the applicant shall provide written notice in an approved form to the owner or owners of the adjoining premises in accordance with one of the methods below:
  1. By US postal service registered or certified mail to the address of the owner as maintained in the Real Property Tax Database maintained by the Office of Tax and Revenue of the Office of the Chief Financial Officer.
  2. By proper use of an approved private delivery service (such as Federal Express, UPS, or DHL) to the address of the owner as maintained in the Real Property Tax Database maintained by the Office of Tax and Revenue of the Office of the Chief Financial Officer.

106.2.18.3.1.2.1 Evidence of Delivery of Written Notice

AMENDMENT
This section has been amended at the state or city level.
Acceptable evidence of delivery of written notice shall consist of: (1) proof of proper use of registered or certified mail (registered or certified mail sender's receipt); or (2) proof of proper use of an approved private delivery service.

106.2.18.3.1.3 Affidavit of Maintenance

AMENDMENT
This section has been amended at the state or city level.
Prior to permit issuance, the applicant shall submit a notarized affidavit attesting that the posting required by Section 106.2.18.3.1.1 was continuously maintained for the requisite 30-day period of time.

106.2.18.3.1.4 Substantial Compliance With Notification Requirements

AMENDMENT
This section has been amended at the state or city level.
The code official is authorized to grant a permit application, that is otherwise complete, where the code official determines, based on a written request submitted to the code official by the applicant, the applicant has substantially complied with the provisions of Section 106.2.18.3.1. The determination by the code official of substantial compliance is not subject to reconsideration or appeal under Section 112 absent compelling evidence submitted by the owner of the adjoining or adjacent premises that such owner was directly and adversely affected by a lack of notice.

106.2.18.4 Access to Adjoining Premises

AMENDMENT
This section has been amended at the state or city level.
Where an application proposes work that will or potentially require Protective Work (as defined in Section 3307) on an adjoining or adjacent premises, and such Protective Work will require access to the adjoining or adjacent premises by the applicant, a permit shall not be issued until the applicant submits one of the following:
  1. A written agreement in an approved form signed by the applicant and the owner of the adjoining or adjacent premises that grants access to the applicant to undertake the Protective Work.
  2. A written agreement signed by the applicant and the owner of the adjoining or adjacent premises that denies access to the applicant and which acknowledges the obligation of the owner of the adjoining or adjacent premises to be responsible for the Protective Work on such owner's premises.
  3. A court order granting the applicant access to the adjoining or adjacent premises to perform the Protective Work.
  4. A revised work plan that eliminates the need for access to the adjoining or adjacent premises.
Exception: A limited or temporary right of access to the adjoining premises is expressly granted in Sections 3307.2.2 or 3307.4.1 for the specific Protective Work required.

106.2.19 Covenants and Agreements

AMENDMENT
This section has been amended at the state or city level.
Where a covenant or agreement is required by the Construction Codes or drafted in connection therewith (a required covenant), a copy of the required covenant, certified by the Recorder of Deeds as having been recorded in the Land Records, shall be submitted by the owner or authorized agent to the code official as and when required by Section 120. The required covenant shall comply with DC Official Code § 6- 1405.01(b) (2018 Repl.) and with the provisions of Section 120, as applicable.

106.2.19.1 Other Agency Covenants

AMENDMENT
This section has been amended at the state or city level.
Where an agency other than the Department requires a covenant or agreement relating to proposed construction, including, but not limited to, the covenants specified in Section 120.4, the applicant shall comply with such other agency's requirements.

106.2.20 Construction Noise — Additional Submission Requirements

AMENDMENT
This section has been amended at the state or city level.
No permit for construction, demolition or raze shall be issued until the permit applicant has provided as part of the permit application written acknowledgment that the noise emanating from the planned activity will comply with the limitations established by the noise regulations set forth in Title 20 DCMR.

106.3 Statement of Special Inspections

AMENDMENT
This section has been amended at the state or city level.
A statement of special inspections shall accompany each application where special inspections and tests are required by Sections 109.3.13 and 1705. Submission of a statement of special inspections complying with Section 1704.3 shall be a condition for permit issuance as specified in Section 1704.2.3.

106.4 Registered Design Professional

AMENDMENT
This section has been amended at the state or city level.
The design of work for new construction, repair, expansion, addition or alteration projects submitted for permit shall comply with Sections 106.4.1 through 106.4.6, as applicable.

106.4.1 Architectural Services

AMENDMENT
This section has been amended at the state or city level.
Where the project involves the practice of architecture, as defined by D.C Official Code § 47-2853.61 (2015 Repl. & 2018 Supp.), the corresponding permit documents shall be prepared by an architect licensed to practice architecture in the District of Columbia. All plans, computations, and specifications required to be submitted in connection with a permit application for such architectural work shall be prepared by or under the direct supervision of an architect with a valid and unexpired District of Columbia architecture license and shall bear the architect's signature and seal in accordance with the laws of the District of Columbia.

106.4.2 Engineering Services

AMENDMENT
This section has been amended at the state or city level.
Where the project involves the practice of engineering, as defined by D.C Official Code § 47-2853.131 (2015 Repl. & 2018 Supp.), the corresponding permit documents shall be prepared by a professional engineer licensed to practice engineering in the District of Columbia. All plans, computations, and specifications required to be submitted in connection with a permit application for such engineering work shall be prepared by or under the direct supervision of a professional engineer with a valid and unexpired District of Columbia engineer license and shall bear the engineer's signature and seal in accordance with the laws of the District of Columbia.
Exception: An architect licensed in the District of Columbia is authorized to perform engineering work that is incidental to the practice of architecture, as permitted by D.C Official Code § 47-2853.61 (2015 Repl. & 2018 Supp.).

106.4.3 Interior Design Services

AMENDMENT
This section has been amended at the state or city level.
Plans for nonstructural alterations and repairs of a building, including the layout of interior spaces, which do not adversely affect any structural member, 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 architecture and engineering as defined by D.C Official Code §§ 47- 2853.61 and 47-2853.131 (2015 Repl. & 2018 Supp), 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 D.C Official Code § 47-2853.101 (2015 Repl. & 2018 Supp.).

106.4.4 Exemptions

AMENDMENT
This section has been amended at the state or city level.
The professional services of a licensed architect, professional engineer or interior designer are not required for the following:
  1. Work done under any of the exemptions from registration provided for in the laws of the District of Columbia governing the licensure of architects, professional engineers and interior designers.
  2. Nonstructural alteration of any building of Group R- 3 occupancies or of any building under the jurisdiction of the Residential Code.
  3. Preparation of drawings or details for cabinetry, architectural millwork, furniture, or similar interior furnishings, for any work to provide for their installation or for any work exempt from permit by Section 105.2.
  4. Drawings or details for the installation of water and sewer building connections to a single family residential structure prepared by a master plumber licensed pursuant to D.C Official Code §§ 47- 2853.121 et seq. (2015 Repl. & 2018 Supp.).

106.4.5 Registered Design Professional in Responsible Charge

AMENDMENT
This section has been amended at the state or city level.
The code official is authorized to require the owner to engage and designate on the permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. Where a registered design professional in responsible charge is required, the code official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.

106.4.6 Attestations Required

AMENDMENT
This section has been amended at the state or city level.

106.4.6.1 Registered Design Professional

AMENDMENT
This section has been amended at the state or city level.
The signature and seal of the registered design professional, where required by and in accordance with Section 106.4, shall serve as attestation of the following:
  1. For architects: "I am responsible for determining that the architectural designs included in this application are in compliance with all relevant laws and regulations of the District of Columbia. I have personally prepared, or directly supervised the preparation of, the architectural designs included in this application."
  2. For engineers: "I am responsible for determining that the engineering designs included in this application are in compliance with all relevant laws and regulations of the District of Columbia. I have personally prepared, or directly supervised the preparation of, the engineering designs included in this application."

106.4.6.2 Registered Design Professional in Responsible Charge

AMENDMENT
This section has been amended at the state or city level.
Where the code official determines that a registered design professional in responsible charge is required for any project, an attestation sealed and signed by the registered design professional in responsible charge engaged by the owner shall be submitted prior to the issuance of any and all certificate(s) of occupancy for the project. The attestation shall identify the registered design professional in charge by name and registration number, shall identify the project or portion thereof being attested to, and shall state, to the code official's satisfaction, that the project or portion thereof has been completed in a manner that is substantially compatible with the design of the building that was the basis of the corresponding permit. Furthermore, the attestation shall state that changes from such permit documents, including but not limited to submittal documents prepared by others during the course of construction, and phased and deferred submittal items, have been reviewed and coordinated by the attesting registered design professional in responsible charge.

106.5 Examination of Documents

AMENDMENT
This section has been amended at the state or city level.
The code official shall examine or cause to be examined the submittal documents accompanying permit applications, pursuant to Section 105.3.

106.5.1 Review by Other Agencies

AMENDMENT
This section has been amended at the state or city level.
Permit applicants shall be responsible for obtaining any required approvals from other reviewing agencies and entities, including, but not limited to, the Historic Preservation Office, the Historic Preservation Review Board, the District Department of Energy & Environment, the Public Space Committee, the District Department of Transportation, the Commission on Fine Arts, the Chinatown Steering Committee, and DC Water. If deficiencies in the plans or other supporting documents are discovered during reviews by other agencies, the other reviewing agencies shall respond according to the procedures set forth in its rules and/or procedures. 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.

106.6 Conformance to Approved Construction Documents

AMENDMENT
This section has been amended at the state or city level.
All work shall conform to the approved construction documents and any approved amendments to them. Any changes made during construction that are not in compliance with the approved construction documents shall be submitted to the Department for approval as an application for permit revision in accordance with Sections 105.9 and 105.9.1.

Section 107 Temporary Structures and Uses

AMENDMENT
This section has been amended at the state or city level.

107.1 General

AMENDMENT
This section has been amended at the state or city level.
The code official is authorized to issue a permit to construct temporary structures, tents and other membrane structures in accordance with Section 3103 and Section 3103 of the Fire Code. Such permits shall be limited as to time of service, not to exceed 180 days. The code official is authorized to grant extensions for demonstrated cause.

107.2 Temporary Uses

AMENDMENT
This section has been amended at the state or city level.
A temporary certificate of occupancy shall be obtained, in accordance with Section 110.4.4, for temporary use and occupancy of: (1) temporary structures, tents and other membrane structures; and (2) existing buildings, existing structures or lots.

107.3 Temporary Utility Services

AMENDMENT
This section has been amended at the state or city level.
Utility connections for temporary structures shall be in accordance with Section 119.2.

107.4 Termination of Approval

AMENDMENT
This section has been amended at the state or city level.
The code official is authorized to order a temporary structure to be razed, or removed or a temporary use to be discontinued, as applicable, where the associated permit and/or certificate has expired. Revocation of permits for temporary structures, tents and other membrane structures, and revocation of temporary certificates of occupancy shall be governed by Section 111.

Section 108 Fees

AMENDMENT
This section has been amended at the state or city level.

108.1 Payment of Fees

AMENDMENT
This section has been amended at the state or city level.
A permit shall not be issued until all required fees have been paid to the Department or other authorized agency, nor shall an amendment to a permit requiring an additional fee be issued until the additional fee has been paid.

108.1.1 Application Filing Deposit for New Construction and Alterations

AMENDMENT
This section has been amended at the state or city level.
All permit applications filed for new construction or alterations must be accompanied by a deposit of 50 percent of the permit valuation determined in accordance with Sections 108.2 and 108.3; provided, that the required deposit shall not exceed twenty thousand dollars ($20,000).

108.1.2 Accounting

AMENDMENT
This section has been amended at the state or city level.
The code official shall keep an accurate account of all fees collected, and such collected fees shall be deposited with the DC Treasurer, or otherwise deposited as required by law.

108.2 Code Official Authority

AMENDMENT
This section has been amended at the state or city level.
The code official is authorized to establish by approved rules a fee for each permit, certificate or authorization issued by the Department, as prescribed in a fee schedule adopted in accordance with Section 108.2.1, for buildings and other structures and for their appurtenant systems, fixtures, appliances and equipment. The code official is authorized to establish fees based on cost of the proposed work or to use alternate methodologies including, but not limited to, the square footage of the project.

108.2.1 Fee Schedule

AMENDMENT
This section has been amended at the state or city level.
Fees for permit processing, inspections and related services, including, but not limited to, fees for processing and issuance of certificates of occupancy, shall be established by the code official in a fee schedule published in the DC Register, as amended from time to time.

108.3 Building Permit Valuations Based on Cost of Work

AMENDMENT
This section has been amended at the state or city level.
Where a permit fee is based on cost of work, the applicant for a building permit shall provide an estimated cost of the proposed work at time of application, or such other information as the code official specifies, for purposes of establishing a permit valuation. Cost of the proposed work shall be based upon (a) total value of materials and labor for which the permit is being issued, including electrical, gas, mechanical, plumbing equipment and permanent systems; or, (b) at the Department's discretion, the most current edition of the National Building Cost Manual or comparable standard. The total cost shall not include architectural, engineering, and other associated professional costs. If, in the opinion of the code official, the cost of proposed work is underestimated on the application, the permit shall be withheld, unless the applicant can show detailed estimates to meet the approval of the code official. Final building permit valuation shall be determined by the code official. Acceptable evidence of the estimated cost of the proposed work shall include any of the following:
  1. A fully executed construction contract.
  2. A formal contractor's estimate.
  3. When a deferred method of determining construction cost is submitted, the code official is authorized to request from the applicant a certified contractor's certificate of payment showing the actual cost of construction and the code official is authorized to adjust the building permit fee to reflect the actual cost of construction prior to issuing a certificate of occupancy.
  4. A construction estimate for repairs and alterations in Group R-3 and structures under the jurisdiction of the Residential Code.
  5. The cost based on national standards for construction costs, as modified for the District of Columbia region, as set forth in the most current edition of the National Building Cost Manual or comparable standard.

108.4 Fees Associated With Work Commencing Before Permit Issuance

AMENDMENT
This section has been amended at the state or city level.
Any person who commences any work on a building, other structure, gas, electrical, mechanical or plumbing system before obtaining the necessary permits shall be subject to an additional fee established in the official fee schedule that shall be in addition to the required permit fees and any fines that may have been levied.

108.5 Related Fees

AMENDMENT
This section has been amended at the state or city level.
The payment of the fee for the construction, alteration, removal, raze or demolition for work done in connection to or concurrently with the work authorized by a permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law; or any other privileges, services or requirements, allowed or prescribed by law.

108.6 Refunds

AMENDMENT
This section has been amended at the state or city level.
The code official is authorized to establish a refund policy.

108.7 Waiver of Fees

AMENDMENT
This section has been amended at the state or city level.
No person or entity shall be entitled to a waiver of fees, except as set forth in the License Fees and Charges Act of 1976, effective September 14, 1976 [DC Law 1-82; DC Official Code § 47-2712 (2015 Repl. & 2018 Supp.)].

Section 109 Inspections

AMENDMENT
This section has been amended at the state or city level.

109.1 General

AMENDMENT
This section has been amended at the state or city level.
Construction or work for which a permit is required shall be subject to inspection by the code official pursuant to the provisions of this section and Section 104.6. It shall be the duty of the permit holder to cause the construction or work to remain accessible and exposed for inspection purposes until approved. The permit holder shall be liable for any expenses entailed in the removal or replacement of any material required to allow inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of the Construction Codes or of other laws or regulations of the District of Columbia. Regardless of whether the code official inspects the construction or work, it is the responsibility of the permit holder and the individual or entity doing the work to comply with all applicable provisions of the Construction Codes.

109.1.1 Preliminary Inspection

AMENDMENT
This section has been amended at the state or city level.
Before issuing a permit, the code official is authorized to examine or cause to be examined all premises for which a permit application has been filed.

109.1.2 Termination of an Inspection

AMENDMENT
This section has been amended at the state or city level.
The code official is authorized to terminate an inspection where interference with an inspection occurs or where the code official determines that the work is not sufficiently accessible and exposed for inspection.

109.1.3 Identification of General Contractor or Construction Manager

AMENDMENT
This section has been amended at the state or city level.
No inspection by the code official will be scheduled unless and until the applicant has complied with the requirements of Section 105.3.2(8).

109.1.4 Master Tradesperson to Be On-Site During Inspections

AMENDMENT
This section has been amended at the state or city level.
The master tradesperson to whom a trade permit is issued, or the District of Columbia licensed representative of the master tradesperson, shall be present during the rough-in inspection for the specific scope of work performed under the trade permit. The code official shall have the authority to require the master tradesperson to be present during any subsequent inspections of the same work where there is repeated noncompliance with Construction Code provisions.

109.2 Required Inspections and Testing

AMENDMENT
This section has been amended at the state or city level.
The permit holder shall be responsible for notifying the code official when the stages of construction are reached that require any inspection under Section 109 and for other critical items as directed by the code official. Upon notification, the code official shall make the inspections specified in Section 109 and such other inspections as necessary, and shall either approve that portion of the construction or shall notify the permit holder of any violations that shall be corrected. The code official shall not be responsible for conducting inspections unless appropriately notified. The code official shall respond to inspection requests without unreasonable delay. It shall be the duty of the person requesting any inspections required by the Construction Codes to provide access to and means for inspection of such work.

109.2.1 Inspection Record

AMENDMENT
This section has been amended at the state or city level.
Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder maintains on the job site an inspection record card or other approved documentation issued by the code official. Such inspection record document shall be made available by the permit holder on the job site until final inspection approval has been granted by the code official. Only an inspector authorized by the Department shall document inspections conducted. Any entry on the inspection record document made by a person other than an authorized inspector shall be grounds for revocation of the permit in accordance with Section 111.

109.2.2 Approval Required

AMENDMENT
This section has been amended at the state or city level.
Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the code official. The code official shall approve the work or portion thereof that is satisfactory as completed, and, where applicable, shall notify the permit holder or an agent of the permit holder that the work or any portion thereof fails to comply with the Construction Codes. Any portions that do not comply shall be corrected and such portions shall not be covered or concealed until authorized by the code official.

109.3 Types of Inspections

AMENDMENT
This section has been amended at the state or city level.
After issuing a permit, the code official shall conduct the types of inspections specified in Section 109 as deemed necessary by the code official and shall confirm submission of documents required by this section and Section 109.4, during and upon completion of the work. A record of all such inspections and of all noted violations of the Construction Codes shall be maintained by the code official.

109.3.1 Building Inspections

AMENDMENT
This section has been amended at the state or city level.

109.3.1.1 Footing and Foundation Inspections

AMENDMENT
This section has been amended at the state or city level.
Footing and foundation inspections are required in accordance with Sections 109.3.1.1.1 and 109.3.1.1.2.

109.3.1.1.1 Footing Inspections

AMENDMENT
This section has been amended at the state or city level.
Footing inspection is required after excavation for footings is complete and any required reinforcing steel is in place. For concrete footings, any required forms shall be in place prior to inspection. Materials for the footing shall be on the jobsite at the time of inspection, except where concrete is ready mixed in accordance with ASTM C94, the concrete need not be on the jobsite.

109.3.1.1.2 Foundation Inspections

AMENDMENT
This section has been amended at the state or city level.
Foundation inspection is required after approval of footings, for location of walls and columns with respect to footings, piles and piers. For concrete foundations, any required forms, spacers and reinforcement shall be in place prior to inspection. Inspections will include materials, concrete cover, anchoring and dimensions, as appropriate.

109.3.1.1.3 Energy Footing and Foundation Insulation Inspection

AMENDMENT
This section has been amended at the state or city level.
Inspection of installation is required for insulation R-value, location, thickness, depth of burial and protection at footing, foundation, and under floor prior to covering of the materials.

109.3.1.2 As-Built Foundation Survey (Wall Check)

AMENDMENT
This section has been amended at the state or city level.
A wall check survey is required before a wall reaches a height of 1 foot (305 mm) above grade, or, in the case of other vertical construction, when a template or form is located and noted. The code official is authorized to require up to three wall checks depending on the design of the structure: below grade at footer, near grade, and final grade. Surveys, wall examinations and reports, and field notes shall comply with 10-B DCMR §§ 2802, 2810-2812. Wall check surveys shall be performed by a DC-Registered Land Surveyor. Wall check reports, including drawings and field notes, shall be filed with the DC Office of the Surveyor. Surveying practices should comply with standards set forth in the Manual Of Practices For Real Property Surveying In The District Of Columbia published by The District of Columbia Association of Land Surveyors (January 2017). Authorization to continue construction of any building or other structure beyond construction of the foundation shall not be issued until a wall report has been prepared and submitted to the Department. The wall report shall confirm that the location and elevation of the building or other structure conform to the approved plans and the provisions of the Construction Codes and other applicable District of Columbia regulations.

109.3.1.3 Backfill Inspection

AMENDMENT
This section has been amended at the state or city level.
Backfill inspection is required prior to placement of backfill materials, for inspection of placement and cover of required footing drain tile, wall waterproofing, drainage and insulation. Backfill materials shall be on the jobsite at the time of inspection.

109.3.1.4 Concrete Slab or Under-Floor Inspection

AMENDMENT
This section has been amended at the state or city level.
Concrete slab inspections are required after in-slab or under-floor reinforcing steel is in place to verify reinforcement size, spacing, concrete cover, splicing, vapor barrier, and mesh. For slab-on-grade foundations, any required forms shall be in place prior to inspection. Energy footing and foundation insulation inspection, in accordance with Section 109.3.1.1.3, is required prior to concrete slab or under-floor inspection.

109.3.1.5 Floodplain Elevation Certificate

AMENDMENT
This section has been amended at the state or city level.
For any work subject to Appendix G, upon placement of the lowest floor, and prior to proceeding with construction above that floor level, the elevation certificate required by Section 1612.5, shall be submitted to the code official. This certificate shall be reviewed and approved by th