ADOPTS WITH AMENDMENTS:

International Fire Code 2015 (IFC 2015)

Part I — Administrative

Part II — General Safety Provisions

Part III — Building and Equipment Design Features

Part IV — Special Occupancies and Operations

Part V — Hazardous Materials

Part VI — Referenced Standards

Part VII — Appendices

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

Part 1 — General Provisions

101.1 Title

AMENDMENT
This section has been amended at the state or city level.
The District of Columbia Fire Code (2017) 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.

101.2 Scope

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This section has been amended at the state or city level.
The Fire code establishes regulations affecting or relating to structures, processes, premises and safeguards regarding:
  1. The hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices;
  2. Conditions hazardous to life, property or public welfare in the occupancy of structures or premises;
  3. Fire hazards in the structure or on the premises from occupancy or operation; and
  4. Conditions affecting the safety of fire fighters and emergency responders during emergency operations.

101.2.1 Appendices

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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.

101.3 Intent

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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 new and existing buildings, structures and premises, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations.

101.4 Severability

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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 other parts or provisions of the Construction Codes.

101.4.1 Severance of Invalid Provisions

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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 the court holding such part illegal or void, and the remainder of the Construction Codes shall remain effective.

101.4.2 Decisions Involving Existing Structures

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

101.5 Validity

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

102.1 Construction and Design Provisions

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102.1 Buildings and Property

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This section has been amended at the state or city level.
The Fire Code shall be applicable to all premises, and conditions 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.

102.1.1 Foreign Missions

AMENDMENT
This section has been amended at the state or city level.
The provisions of the Fire Code shall apply to those premises, or any portion thereof, occupied by or for any foreign government as an embassy or chancery, to the extent provided for in Section 206 of the Foreign Missions Act, approved August 24, 1982 (96 Stat. 286; D.C. Official Code § 6-1306(g) (2018 Repl.)).

102.1.2 Federal Premises

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

102.2 Administrative, Operational and Maintenance Provisions

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This section has been amended at the state or city level.
The administrative, operational and maintenance provisions of the Fire Code shall apply to:
  1. Conditions and operations arising after the adoption of the Fire Code; and
  2. Existing conditions and operations.

102.3 Change of Use or Occupancy

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

102.3 Other Construction Codes Requirements

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This section has been amended at the state or city level.
Except as provided in Section 102.10, nothing in the Fire Code shall negate or modify permit, certificate of occupancy or other applicable requirements set forth in the Construction Codes, including, but not limited to, those set forth in Sections 102.3.1 through 102.3.4.

102.3.1 Change in Use, Load or Floor Layout

AMENDMENT
This section has been amended at the state or city level.
Any change in the use, occupancy load or tenant floor layout of any structure or portion thereof shall comply with the applicable provisions of the Construction Codes, including, but not limited to, Section 110.1.3 of Title 12-A DCMR.

102.3.2 Application of Building Code and Existing Building Code

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This section has been amended at the state or city level.
The design and construction of new structures shall comply with the Building Code or Residential Code as applicable. Any alterations, additions, changes in use or occupancy, or changes in structures required by the Fire Code, which are within the scope of the Building Code, or the Existing Building Code, must comply with the Building Code or the Existing Building Code as applicable.

102.3.3 Fire Protection Systems

AMENDMENT
This section has been amended at the state or city level.
Where interior or exterior fire protection systems or devices are installed or altered, such systems or devices are subject to the permit application, fire protection documents, inspection and other applicable requirements set forth in Chapter 1 of Title 12-A DCMR.

102.3.4 Application of Property Maintenance Code

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This section has been amended at the state or city level.
Owners and tenants of premises shall also comply with applicable property maintenance provisions as set forth in the Property Maintenance Code.

102.4 Application of Building Code

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

102.4 Application of Fire Code to Structures Subject to the Residential Code

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This section has been amended at the state or city level.
Where structures are designed and constructed in accordance with the Residential Code, the provisions of the Fire Code shall apply as follows:
  1. Construction and design provisions: Provisions of the Fire Code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access, and water supplies. Where interior or exterior fire protection systems or devices are installed, the provisions of the Fire Code shall also apply.
  2. Administrative, operational and maintenance provisions: All such provisions of the Fire Code shall apply.

102.5 Application of Residential Code

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

102.5 [Reserved]

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102.6 Historic Buildings

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This section has been amended at the state or city level.
The provisions of the Fire Code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for historic buildings or structures meeting the requirements of Chapter 12 of the Existing Building Code, when such buildings or structures are judged by the code official not to constitute a distinct hazard to life or property. The code official is authorized to approve a fire protection plan developed in accordance with the provisions of National Fire Protection Association (NFPA) Standard 909 for any designated historic building or structure.

102.7 Referenced Codes and Standards

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This section has been amended at the state or city level.
The codes and standards referenced in the Fire Code shall be those that are listed in Chapter 80 of the Fire Code, and such codes and standards shall be considered to be part of the requirements of the Fire Code to the prescribed extent of each such reference. Where differences occur between the provisions of the Fire Code and the referenced standards, the provisions of the Fire Code shall apply.

102.7.1 Conflicts

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

102.7.2 Provisions in Referenced Codes and Standards

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

102.8 Subjects Not Regulated by This the Fire Code

AMENDMENT
This section has been amended at the state or city level.
Where applicable standards or requirements are not set forth in the Fire Code, or are contained within other laws, codes, regulations or ordinances adopted by the District of Columbia, compliance with applicable standards of the National Fire Protection Association (NFPA) or other nationally recognized fire safety standards, as approved by the code official, shall be deemed as prima facie evidence of compliance with the intent of the Fire Code. Nothing herein shall derogate from the authority of the code official to determine compliance with codes or standards for those activities or installations within the code official's jurisdiction or responsibility.

102.9 Matters Not Provided For

AMENDMENT
This section has been amended at the state or city level.
Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, which are not specifically provided for by the Fire Code, shall be determined by the code official.

102.10 Conflicting Provisions

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

102.10 Code Precedence

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Unless otherwise provided herein, or in the Construction Codes Act (as defined in Section 202.2 of the Building Code), 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 of the Building Code), including standards and amendments.

102.10.1 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.

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

102.11 Other Laws

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This section has been amended at the state or city level.
The provisions of this Fire code shall not be deemed to nullify any provisions of District or federal law.

102.12 Application of References

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This section has been amended at the state or city level.
References in this Chapter 1 to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of the Fire Code.

102.13 Flood Hazard Areas

AMENDMENT
This section has been amended at the state or city level.
The storage in a flood hazard area of equipment or materials that are listed as dangerous materials in 20 DCMR § 3106.2, shall comply with the requirements of the Floodplain Management Regulations of the District of Columbia.

102.14 Private Fire Hydrants

AMENDMENT
This section has been amended at the state or city level.
The installation, maintenance, repair and replacement of private fire hydrants shall comply with the provisions of the Private Fire Hydrant Act of 2010, effective March 31, 2011 (D.C. Law 18-337; D.C. Official Code §§ 34-2410.01 et seq. (2012 Repl.)) ("Private Fire Hydrant Act").

Part 2 — Administrative Provisions

Section 103 Department of Fire Prevention

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103.1 General

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103.2 Appointment

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103.3 Deputies

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103.4 Liability

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103.4.1 Legal Defense

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Section 103 Fire and Emergency Medical Services Department

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103.1 Code Official for the Fire Code

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This section has been amended at the state or city level.
The Fire Chief of the District of Columbia Fire and Emergency Medical Services Department ("Fire Chief") shall be the code official for the enforcement of the Fire Code, except that the Director of the Department of Consumer and Regulatory Affairs ("DCRA") 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. References to the term "Department" within the Fire Code shall mean the District of Columbia Fire and Emergency Medical Services Department.

103.1.1 Enforcement by DCRA Director

AMENDMENT
This section has been amended at the state or city level.
The provisions of 12-A DCMR, Chapter 1, shall apply to the enforcement by the DCRA Director of all Fire Code provisions pertaining to approval, installation, design, modification, maintenance, testing and inspection of all new and existing fire protection systems.

103.2 Duties and Powers of the Code Official

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This section has been amended at the state or city level.
The duties and powers of the code official are set forth in Section 104.1.

103.3 Delegation of Authority

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This section has been amended at the state or city level.
The code official shall have the authority to delegate his or her duties and powers under the Fire Code, but he or she shall remain responsible for the proper performance of those duties and powers regardless of any such delegation.

103.4 Organization

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This section has been amended at the state or city level.
The code official shall appoint such number of officers, technical assistants, inspectors and other employees as shall be necessary for the administration of the Fire Code and as authorized by the appointing authority.

103.5 Deputy

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

103.6 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 that 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 or structure under the jurisdiction of the Construction Codes, or the preparation of plans or specifications of a building or structure under the jurisdiction of the Construction Codes, unless the official or employee is the principal owner of the building or structure.
  2. Conflict with Official Duties. Being engaged in any work which conflicts with official duties or with the interest 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.

103.7 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.

103.7.1 Legal Defense

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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.

104.1 General

AMENDMENT
This section has been amended at the state or city level.
The code official is hereby authorized to enforce the provisions of the Fire Code, and shall have the authority to render interpretations of the Fire Code 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 Fire Code and shall not have the effect of waiving requirements specifically provided for in the Fire Code.

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 D.C. Register. Administrative bulletins shall be titled, numbered, and dated. Administrative bulletins shall be publically available at the Department's permit center and shall be posted on the Department's website. The code official shall maintain on the Department's website the same administrative bulletins as available at the Department's permit center.

104.1.2 Amendment of the Fire Code

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This section has been amended at the state or city level.
Amendment of the Fire Code shall be governed by Section 122 of Title 12-A DCMR, which is incorporated by reference.

104.2 Applications and Permits

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This section has been amended at the state or city level.
The code official is authorized to receive applications, review construction documents and issue permits for construction regulated by the Fire Code, issue permits for operations regulated by the Fire Code, inspect the premises for which such permits have been issued, and enforce compliance with the provisions of the Fire Code.

104.3 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, circumstances 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. When attempting to gain entrance for inspection, the code official and authorized representatives thereof shall show official credentials.

104.3.1 Warrant

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

104.3.1 Occupied Dwelling Units and Sleeping Units

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This section has been amended at the state or city level.
The code official shall not enter an occupied dwelling unit or sleeping unit to conduct an inspection without first having obtained permission from the occupant, tenant or other person of suitable age and discretion who resides there.
Exceptions: Circumstances where:
  1. The code official has obtained a valid administrative search warrant which permits the inspection pursuant to D.C. Official Code § 11-941 (2012 Repl.) or D.C. Superior Court Civil Rule 204.
  2. The code official has a reasonable basis to believe that an emergency condition exists requiring immediate entry into that portion of the premises.
  3. Where the occupant or tenant of the dwelling unit or sleeping unit has given access or control to a contractor or other person to undertake work on the dwelling unit or sleeping unit pursuant to a permit issued by the Department, the code official is authorized to obtain consent from the contractor or other person with common authority over the sleeping unit or dwelling unit to enter such unit for the limited purpose of inspecting the work authorized by such permit.

104.4 Identification

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This section has been amended at the state or city level.
The code official, and all authorized representatives of the code official, shall carry proper credentials when inspecting premises in the performance of duties under the Fire Code, and shall present them when requested.

104.5 Notices and Orders

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This section has been amended at the state or city level.
The code official is authorized to issue such notices or orders as are required to effect compliance with the Fire Code in accordance with Section 109 Violations.

104.6 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 (D.C. Law 6-19, as amended; D.C. Official Code, Title 2, Chapter 17 (2016 Repl. & 2019 Supp.)). Public records of the Department shall be maintained for the period of time required by law. Such records 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. Public records include, but are not limited to, the records required by Sections 104.6.1 through 104.6.4.

104.6 Official Records

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

104.6.1 Approvals

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A record of all approvals shall be maintained by the code official and shall be available for public inspection during business hours in accordance with applicable laws.

104.6.2 Inspections

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This section has been amended at the state or city level.
The code official shall keep a record of each inspection made, including notices and orders issued, showing the findings and disposition of each.

104.6.3 Fire Records

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This section has been amended at the state or city level.
The Department shall keep a record of fires occurring within the District of Columbia and of facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby, together with other information as required by the code official.

104.6.4 Administrative

AMENDMENT
This section has been amended at the state or city level.
Applications for modification of Fire Code requirements and for approval of alternative methods or materials, and the final decision of the code official with respect to such applications, shall be in writing and shall be officially recorded in the permanent records of the Department.

104.7 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 (D.C. Law 1-96; D.C. Official Code §§ 2-531 et seq. (2016 Repl. & 2019 Supp.)) (the "Freedom of Information Act"). The public records of the Department (as the term "public records" is defined in D.C. Official Code § 2-502(18) (2016 Repl. & 2019 Supp.)) shall be available for inspection and copying subject to the exemptions and procedures set forth in the Freedom of Information Act. 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.

104.7 Approved Materials and Equipment

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104.7.1 Material and Equipment Reuse

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104.7.2 Technical Assistance

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104.8 Technical Assistance

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To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a premises, portion thereof or equipment thereon, subject to inspection by the code official, the code official is authorized to require the owner or owner's authorized agent to provide, without charge to the District of Columbia government, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, laboratory, or fire safety specialty organization acceptable to the code official and shall analyze the fire safety properties of the design, operation or use of the premises and equipment thereon to recommend necessary changes. The code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional.

104.8 104.9 Modifications

AMENDMENT
This section has been amended at the state or city level.
Whenever there are practical difficulties involved in carrying out the provisions of the Fire Code, the code official shall have the authority to grant modifications for individual cases, provided the code official shall first find that special individual reason makes compliance with the strict letter of the Fire Code impractical, that the modification is in compliance with the intent and purpose of the Fire Code, and that such modification does not lessen requirements regarding health, life and fire safety. The details of any action granting modifications shall be recorded and entered in the Department's files, and shall be in accordance with Section 104.10 of the Building Code.

104.9 104.10 Alternative Materials and Methods

AMENDMENT
This section has been amended at the state or city level.
The provisions of the Fire Code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by the Fire Code, provided that any such alternative has been approved as specified in Section 104.11 of the Building Code. The code official is authorized to approve an alternative material or method of construction where the code official finds that: (1) the proposed design is satisfactory and complies with the intent of the provisions of the Fire Code, and (2) that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the Fire Code in quality, strength, effectiveness, fire resistance, durability and safety. 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.

104.9.1 104.10.1 Research Reports

AMENDMENT
This section has been amended at the state or city level.
Supporting data, when necessary to assist in the approval of materials or assemblies not specifically provided for in the Fire Code, shall consist of valid research reports from sources approved by the code official.

104.9.2 104.10.2 Tests

AMENDMENT
This section has been amended at the state or city level.
The code official shall have the authority to require tests as evidence of compliance, at no expense to the District of Columbia government, whenever there is insufficient evidence of compliance with the provisions of the Fire Code, or evidence that a material or method does not conform to the requirements of the Fire Code, or in order to substantiate claims for alternative materials or methods. Test methods shall be as specified in the Fire Code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the code official for the period required for retention of public records.

104.10 Fire Investigations

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104.10.1 Assistance From Other Agencies

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104.11 Fire Investigations

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104.11.1 Fire and Arson Investigation Authority

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This section has been amended at the state or city level.
The Fire Chief, the Fire Marshal, and his or her authorized representative(s) shall have the authority to investigate the cause, origin, and circumstances of every fire, explosion, or hazardous materials emergency in which the Department has a reasonable interest. When the Fire Chief, the Fire Marshal, or their authorized representative(s) have reason to believe that a fire, explosion, or hazardous materials incident may be the result of any violation of the law, he or she shall immediately take custody of and safeguard all physical evidence in connection therewith, and shall have the authority to prohibit the disturbance or removal of any materials, substance, device, or utility in or upon any building or premises where an incident occurred, until the investigation of the incident is complete. However, the Metropolitan Police Department shall be the primary investigative agency in incidents involving critical injury, death, or assaults with intent to kill.

104.11.2 Fire Records

AMENDMENT
This section has been amended at the state or city level.
The Fire Chief shall keep a record of all fires and related facts, including investigation findings and statistics and information about the cause, origin and extent of any fires and related damage.

104.11.3 Authority to Enter and Examine

AMENDMENT
This section has been amended at the state or city level.
The Fire Chief, the Fire Marshal or his or her authorized representative(s) shall have the authority at all times, in performance of the duties imposed by the provisions of the Fire Code, to enter upon or examine any area, building or premises, vehicle or other thing when there is a probable cause to believe that fires or attempts to cause fires exist. The Fire Chief, Fire Marshal or authorized representative(s) shall have the authority to enter, at any time, any building or premises adjacent to that at which the fire or attempt to cause fires has occurred, should they deem it necessary in the proper discharge of their duties; and are further authorized, in their discretion, to take full control and custody of such buildings and premises and place such person in charge thereof as they may deem proper until their examination and investigation is completed.

104.11.4 Arrest and Warrant Powers

AMENDMENT
This section has been amended at the state or city level.
The Fire Marshal, and any other personnel designated in writing by the Fire Chief, shall have and exercise, and are hereby invested with, the same general police powers, including arrest powers, as regular members of the Metropolitan Police Department, for the express and limited purpose of enforcing the fire safety laws in effect in the District of Columbia, including, but not limited to, the Fire Code. This power shall extend to any arrest, the securing of warrants pursuant to Chapter 5 of Title 23 of the D.C. Official Code, or other lawful action necessary to permit the peaceful completion of any lawful action by the Department.

104.11.5 Assistance From Other Agencies

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This section has been amended at the state or city level.
Police and other enforcement agencies shall have authority to render necessary assistance in the investigation of fires when requested to do so.

104.11.6 Authority at Fires and Other Emergencies

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This section has been amended at the state or city level.
The Fire Chief or officer of the Department in charge at the scene of a fire or other emergency involving the protection of life or property or any part thereof, shall have the authority to direct such operation as necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks or other hazardous conditions or situations, or take any other action necessary in the reasonable performance of duty. In the exercise of such power, the fire chief is authorized to prohibit any person, vehicle, vessel or thing from approaching the scene and is authorized to remove, or cause to be removed or kept away from the scene, any vehicle, vessel or thing which could impede or interfere with the operations of the Department and, in the judgment of the code official, any person not actually and usefully employed in the extinguishing of such fire or in the preservation of property in the vicinity thereof.

104.11.6.1 Barricades

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This section has been amended at the state or city level.
The Fire Chief or officer of the Department in charge at the scene of an emergency is authorized to place ropes, guards, barricades or other obstructions across any street, alley, place or private property in the vicinity of such operation so as to prevent accidents or interference with the lawful efforts of the Department to manage and control the situation and to handle fire apparatus.

104.11.6.2 Obstructing Operations

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This section has been amended at the state or city level.
No person shall obstruct the operations of the Department in connection with extinguishment or control of any fire, or actions relative to other emergencies, or disobey any lawful command of the code official or officer of the Department in charge of the emergency or any part thereof, or any lawful order of a police officer assisting the Department.

104.11.6.3 Systems and Devices

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This section has been amended at the state or city level.
No person shall render a fire protection system or device inoperative during an emergency unless by direction of the code official or Department official in charge of the incident.

104.11 Authority at Fires and Other Emergencies

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104.11.1 Barricades

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104.11.2 Obstructing Operations

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104.11.3 Systems and Devices

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105.1 General

AMENDMENT
This section has been amended at the state or city level.
Permits shall be in accordance with Sections 105.1.1 through 105.6.47.

105.1.1 Permits Required

AMENDMENT
This section has been amended at the state or city level.
Permits required by the Fire Code shall be obtained by the owner or owner's authorized agent from the code official. Permit fees, if any, shall be paid prior to issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the code official.

105.1.2 Types of Permits

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

105.1.2 Operational Permits

AMENDMENT
This section has been amended at the state or city level.
An operational permit allows the applicant to conduct an operation or a business for which a permit is required by Section 105.6 for either:
  1. A prescribed period; or
  2. Until renewed or revoked.

105.1.2.1 Installation Permits

AMENDMENT
This section has been amended at the state or city level.
An installation permit allows the applicant to install systems or equipment involving flammable or combustible liquids or material for which a permit is required by Section 105.7.

105.1.3 Multiple Permits for the Same Location

AMENDMENT
This section has been amended at the state or city level.
When more than one permit is required for the same location, the code official is authorized to consolidate such permits into a single permit, provided that each provision of those permits is listed in the consolidated permit.

105.1.4 Emergency Repairs

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

105.1.4 President or Vice President's Residence

AMENDMENT
This section has been amended at the state or city level.
No permit required under the Fire Code shall be issued if it is determined by the code official that:
  1. The permit affects an area in close proximity to the official residence of the President or Vice-President of the United States; and
  2. The United States Secret Service has established and stated in writing that the issuance of the permit would adversely impact the safety and security of the President or Vice-President of the United States.

105.1.5 Repairs

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

105.1.6 Annual Permit

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

105.1.6.1 Annual Permit Records

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

105.2 Application

AMENDMENT
This section has been amended at the state or city level.
Application for a permit required by the Fire Code shall be made to the code official in such form and detail as prescribed by the code official. Applications for permits shall be accompanied by such plans or other documents as prescribed by the code official.

105.2.1 Refusal to Issue Permit

AMENDMENT
This section has been amended at the state or city level.
If the application for a permit describes a use that does not conform to the requirements of the Fire Code and other pertinent laws and ordinances, the code official shall not issue a permit, but shall return the application to the applicant with the refusal to issue such permit. Such refusal shall, when requested, be in writing and shall contain the reasons for refusal.

105.2.2 Inspection Authorized

AMENDMENT
This section has been amended at the state or city level.
Before a new operational permit is approved, the code official is authorized to inspect the receptacles, vehicles, buildings, devices, premises, equipment, storage spaces or areas to be used to determine compliance with the Fire Code or any operational constraints required.

105.2.3 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 or operation shall be deemed to have been abandoned by the applicant 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the code official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. Any extension shall be requested in writing and demonstrate justifiable cause for the extension.

105.2.4 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 applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the code official shall reject such application in writing, stating the reasons therefore. If the code official is satisfied that the proposed work or operation conforms to the requirements of the Fire Code and laws and ordinances applicable thereto, the code official shall issue a permit therefore as soon as practicable.

105.3 Conditions of a Permit

AMENDMENT
This section has been amended at the state or city level.
Where a permit is required by Sections 105.6 or 105.7, the permit shall constitute permission, as applicable: (1) to maintain, store or handle materials; (2) to conduct processes which produce conditions hazardous to life or property; (3) to install equipment utilized in connection with such activities; or (4) to install systems of equipment involving flammable or combustible liquids or materials in accordance with the provisions of the Fire Code. Such permission shall not be construed as authority to violate, cancel or set aside any provisions of the Fire Code or other applicable regulations or laws of the District of Columbia.

105.3.1 Expiration

AMENDMENT
This section has been amended at the state or city level.
An operational permit shall remain in effect until reissued, renewed, or revoked or for such a period of time as specified in the permit.

105.3.1.1 Transferability of Permits

AMENDMENT
This section has been amended at the state or city level.
Operational permits issued pursuant to Section 105.6 are not transferable, and a new permit must be obtained where there is a change in the person conducting an operation or business, or a transfer of the premises, for which a permit has been issued.

105.3.2 Extensions

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

105.3.3 105.3.2 Occupancy Prohibited Before Approval

AMENDMENT
This section has been amended at the state or city level.
A building or structure shall not be occupied prior to the code official issuing a permit and conducting associated inspections indicating that the applicable provisions of the Fire Code have been met.

105.3.4 105.3.3 Conditional Permits

AMENDMENT
This section has been amended at the state or city level.
Where permits are required and upon the request of a permit applicant, the code official is authorized to issue a conditional permit to occupy the premises or portion thereof before the entire work or operations on the premises is completed; provided, that such portion or portions will be occupied safely prior to full completion or installation of equipment and operations without endangering life or public welfare. The code official shall notify the permit applicant in writing of any limitations or restrictions necessary to keep the permit area safe. The holder of a conditional permit shall proceed only to the point for which approval has been given, at the permit holder's own risk and without assurance that approval for the occupancy or the utilization of the entire premises, equipment or operations will be granted.

105.3.5 105.3.4 Posting the Permit

AMENDMENT
This section has been amended at the state or city level.
Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the code official.

105.3.6 105.3.5 Compliance With Fire Code

AMENDMENT
This section has been amended at the state or city level.
The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of the Fire Code or of any other law or regulation of the District of Columbia. Permits presuming to give authority to violate or cancel the provisions of the Fire Code or other law or regulation of the District of Columbia shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the code official from requiring the correction of errors in the construction documents and other data. Any addition to or alteration of approved construction documents shall be approved in advance by the code official, as evidenced by the issuance of a new or amended permit.

105.3.7 105.3.6 Information on the Permit

AMENDMENT
This section has been amended at the state or city level.
The code official shall issue all permits required by the Fire Code on an approved form furnished for that purpose. The permit shall contain a general description of the operation or occupancy and its location and any other information required by the code official. Issued permits shall bear the signature of the code official or other approved legal authorization.

105.3.8 Validity of Permit

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

105.4 Revocation

AMENDMENT
This section has been amended at the state or city level.
Without precluding the imposition of any other remedies or penalties authorized under the Fire Code, or other District of Columbia regulations or statutes, the code official is authorized to revoke a permit issued under the provisions of the Fire Code for any of the following conditions:
  1. The permit is used for a location or establishment other than that for which it was issued.
  2. The permit is used for a condition or activity other than that listed in the permit.
  3. Any of the conditions or limitations set forth in the permit has been violated.
  4. There have been any false statements or misrepresentations as to the material facts in the application for permit or on the plans on which a permit or approval was based.
  5. The permit is used by a different person than the person in whose name the permit was issued.
  6. The permittee failed, refused or neglected to comply with orders or notices duly served in accordance with the provisions of the Fire Code within the time provided therein.
  7. The permit was issued in error or in violation of an ordinance, regulation or the Fire Code.

105.4.1 Effective Date of Revocations

AMENDMENT
This section has been amended at the state or city level.
Revocations based on Section 105.4 shall become final upon occurrence of one of the following conditions:
  1. The permit holder fails to timely request a hearing from the Office of Administrative Hearings within 15 days of the date of service of the notice of revocation pursuant to Section 108.1; or
  2. The Office of Administrative Hearings finds that grounds exist to revoke the permit following a hearing requested by the permit holder pursuant to Section 108.1.

105.4.2 Cancellations

AMENDMENT
This section has been amended at the state or city level.
The code official shall have the right to declare a permit null and void, if the Fire Department determines that the permit was erroneously issued as the result of administrative or clerical error and notifies the permit holder of the error within five business days of permit issuance. Upon such notification, the permit holder shall promptly surrender the permit for cancellation; however, the failure to surrender the permit voluntarily for cancellation shall not affect its invalidity and the permit shall be cancelled upon notification to the permit holder in accordance with Section 109.2.1.

105.4 Construction Documents

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

105.4.1 Submittals

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

105.4.1.1 Examination of Documents

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

105.4.2 Information on Construction Documents

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

105.4.2.1 Fire Protection System Shop Drawings

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

105.4.3 Applicant Responsibility

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

105.4.4 Approved Documents

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

105.4.4.1 Phased Approval

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

105.4.5 Amended Construction Documents

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

105.4.6 Retention of Construction Documents

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

105.5 Revocation

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

105.5 Approved Materials and Equipment

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

105.5.1 Material and Equipment Reuse

AMENDMENT
This section has been amended at the state or city level.
Materials, equipment and devices shall not be reused or reinstalled unless such elements have been reconditioned, tested and placed in good and proper working condition and approved.

105.6 Required Operational Permits

AMENDMENT
This section has been amended at the state or city level.
The code official is authorized to issue operational permits for the operations set forth in Sections 105.6.1 through 105.6.47.
An operational permit is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight.
An operational permit is required to operate a special amusement building.

105.6.3 Aviation Facilities

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required to use Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles. Additional permits required by other sections of the Fire Code include, but are not limited to, hot work, hazardous materials and flammable finishes or combustible finishes.

105.6.4 Carbon Dioxide Systems Used in Beverage Dispensing Applications

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required for carbon dioxide systems used in beverage dispending applications having more than 100 pounds of carbon dioxide.
An operational permit is required to conduct a carnival or fair.
An operational permit is required to store, handle or use cellulose nitrate film in a Group A occupancy.

105.6.7 Combustible Dust-Producing Operations

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required to operate a grain elevator, flour, starch mill, feed mill, or a plant pulverizing aluminum, coal, cocoa, magnesium, spices or sugar, or other operations producing combustible dusts as defined in Chapter 2.
An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet (2.8 m3).

Exception: A permit is not required for agricultural storage.

105.6.9 Compressed Gases

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed in Table 105.6.8.
Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.

TABLE 105.6.9
PERMIT AMOUNTS FOR COMPRESSED GASES
TYPE OF GAS AMOUNT
(cubic feet at NTP)
Corrosive 200
Flammable (except cryogenic fluids and
liquefied petroleum gases)
200
Highly toxic Any Amount
Inert and simple asphyxianta 6,000
Oxidizing (including oxygen) 504
Pyrophoric Any Amount
Toxic Any Amount
For SI: 1 cubic foot = 0.02832 m3
  1. For carbon dioxide used in beverage dispensing applications, See Section 105.6.4.

105.6.10 Covered and Open Mall Buildings

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required for:
  1. The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall.
  2. The display of liquid- or gas-fired equipment in the mall.
  3. The use of open-flame or flame-producing equipment in the mall.

105.6.11 Cryogenic Fluids

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.10.
Exception: Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading.
TABLE 105.6.11
PERMIT AMOUNTS FOR CRYOGENIC FLUIDS
TYPE OF CRYOGENIC FLUID INSIDE
BUILDING
(gallons)
OUTSIDE
BUILDING
(gallons)
Flammable More than 1 60
Inert 60 500
Oxidizing (including oxygen) 10 50
Physical or health hazard not
indicated above
Any Amount Any Amount
For SI: 1 gallon = 3.785 L.

105.6.12 Cutting and Welding

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required to conduct cutting or welding operations in the District of Columbia.

105.6.13 Dry Cleaning Plants

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning equipment.
An operational permit is required to operate exhibits and trade shows.

105.6.15 Explosives

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosives, explosive materials, fireworks or pyrotechnic special effects within the scope of Chapter 56.
Exception: Storage in Group R-3 occupancies of smokeless propellant, black powder and small arms primers for personal use, not for resale and in accordance with Section 3306.

105.6.16 Fire Hydrants and Valves

AMENDMENT
This section has been amended at the state or city level.
A DC Water operational permit is required to use or operate fire hydrants or valves intended for fire suppression purposes which are installed on water systems and accessible to a fire apparatus access road that is open to or generally used by the public.
Exception: A permit is not required for the fire department or for fire hydrant operations performed by or on behalf of DC Water or an agency of the District of Columbia government.

105.6.17 Flammable and Combustible Liquids

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required:
  1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the off-site transportation in pipelines regulated by the District of Columbia Department of Transportation (DDOT), nor does it apply to piping systems.
  2. To store, handle or use Class I liquids in excess of 5 gallons (19 L) in a building or in excess of 10 gallons (37.9 L) outside of a building, except that a permit is not required for the following:
    1. The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the code official, would cause an unsafe condition.
    2. The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days.
  3. To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel oil used in connection with oil-burning equipment.
  4. To store, handle or use Class IIIB liquids in tanks or portable tanks for fueling motor vehicles at motor fuel-dispensing facilities or where connected to fuel-burning equipment.
    Exception: Fuel oil and used motor oil used for space heating or water heating.
  5. To remove Class I or II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes.
  6. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.
  7. To install, alter, remove, abandon, or place temporarily out of service (for more than 90 days) an underground, protected above-ground or above-ground flammable or combustible liquid tank.
  8. To change the type of contents stored in a flammable or combustible liquid tank to a material that poses a greater hazard than that for which the tank was designed and constructed.
  9. To manufacture, process, blend or refine flammable or combustible liquids.
  10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments.
  11. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial, governmental or manufacturing establishments.
An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet (33 m2) using Class I or Class II liquids.
An operational permit is required to operate a fruit- or crop-ripening facility or conduct a fruit-ripening process using ethylene gas.

105.6.20 Fumigation and Thermal Insecticidal Fogging

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required to operate a business of fumigation or thermal insecticidal fogging and to maintain a room, vault or chamber in which a toxic or flammable fumigant is used.

105.6.21 Hazardous Materials

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.6.21.

TABLE 105.6.21
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
TYPE OF MATERIAL AMOUNT
Combustible liquids See Section 105.6.17
Corrosive materials
Gases
Liquids
Solids

See Section 105.6.9
55 gallons
1000 pounds
Explosive materials See Section 105.6.15
Flammable materials
Gases
Liquids
Solids

See Section 105.6.9
See Section 105.6.17
100 pounds
Highly toxic materials
Gases
Liquids
Solids

See Section 105.6.9
Any Amount
Any Amount
Oxidizing materials  
Gases See Section 105.6.9
Liquids
Class 4

Any Amount
Class 3 1 gallon
Class 2
Class 1
10 gallons
55 gallons
Solids
Class 4
Any Amount
Class 3 10 pounds
Class 2
Class 1
100 pounds
500 pounds
Organic peroxides  
Liquids
Class I
Class II
Class III
Class IV
Class V

Any Amount
Any Amount
1 gallona
2 gallons
No Permit Required
Solids
Class I
Class II
Class III
Class IV
Class V

Any Amount
Any Amount
10 poundsb
20 pounds
No Permit Required
Pyrophoric materials
Gases
Liquids
Solids

Any Amount
Any Amount
Any Amount
Toxic materials
Gases
Liquids
Solids

See Section 105.6.9
10 gallons
100 pounds
Unstable (reactive) materials  
Liquids
Class 4
Class 3
Class 2
Class 1

Any Amount
Any Amount
5 gallons
10 gallons
Solids
Class 4
Class 3
Class 2
Class 1

Any Amount
Any Amount
50 pounds
100 pounds
Water-reactive materials  
Liquids
Class 3
Class 2
Class 1

Any Amount
5 gallons
55 gallons
Solids
Class 3
Class 2
Class 1

Any Amount
50 pounds
500 pounds
For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg.
  1. 20 gallons when Table 5003.1.1(1) Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 20 gallons or less.
  2. 200 pounds when Table 5003.1.1(1) Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 200 pounds or less.
An operational permit is required to store, handle or use hazardous production materials.
An operational permit is required to use a building or portion thereof as a high-piled storage area exceeding 500 square feet (46 m2).

105.6.24 Hot Work Operations

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required for hot work including, but not limited to:
  1. Public exhibitions and demonstrations where hot work is conducted.
  2. Use of portable hot work equipment inside a structure.
    Exception: Work that is conducted under a permit issued by the Department of Consumer and Regulatory Affairs pursuant to Section 105, Title 12-A DCMR.
  3. Fixed-site hot work equipment such as welding booths.
  4. Hot work conducted within a wildfire risk area.
  5. Application of roof coverings with the use of an open-flame device.
  6. When approved, the code official shall issue a permit to carry out a hot work program. This program allows approved personnel to regulate their facility's hot work operations. The approved personnel shall be trained in the fire safety aspects denoted in this chapter and shall be responsible for issuing permits requiring compliance with the requirements found in Chapter 35. These permits shall be issued only to their employees or hot work operations under their supervision.
An operational permit is required for operation of industrial ovens regulated by Chapter 30.
An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet (8,333 ft3) (236 m3).
An operational permit is required to display, operate or demonstrate liquid- or gas-fueled vehicles or equipment in assembly buildings.

105.6.28 LP-gas

AMENDMENT
This section has been amended at the state or city level.
The use of liquefied petroleum gas is prohibited wherever natural gas is available except where permitted by the code official. An operational permit is required for the following storage and/or uses of LP-gas:
  1. Each permanent installation irrespective of the size of the containers.
  2. The storage of any number of portable containers awaiting use, refill, or sale having a combined total of 60 pounds or more.
  3. Any commercial cooking use.
  4. Vending stands, vending carts or vehicles.
  5. Tanks larger than 5 pounds used inside of any buildings.
  6. Operation of cargo tankers that transport LP-gas.
Empty containers which have been used in LP-gas service and partially filled containers shall be considered as a full container.
An operational permit is required to melt, cast, heat treat or grind more than 10 pounds (4.54 kg) of magnesium.
An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet (71 m3) gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber, cork or similar combustible material.

105.6.31 Motor Fuel-Dispensing Facilities

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

105.6.32 105.6.31 Open Burning

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be adhered to.
Exception: Recreational fires.

105.6.33 105.6.32 Open Flames and Torches

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required to remove paint with a torch; or to use a torch or open-flame device in a wildfire risk area.

105.6.34 105.6.33 Open Flames and Candles

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required to use open flames or candles in connection with assembly areas, dining areas of restaurants or drinking establishments.
Exceptions:
  1. Places of religious worship.
  2. Candles in restaurants.

105.6.35 105.6.34 Organic Coatings

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required for any organic-coating manufacturing operation producing more than 1 gallon (4 L) of an organic coating in one day.

105.6.36 105.6.35 Places of Assembly Group A

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required for use of a building or structure classified under Assembly Group A, as defined in Section 303 of the Building Code.
Exception: Assembly uses with an occupant load of less than 100 persons.

105.6.37 105.6.36 Private Fire Hydrants

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required for the removal from service, use or operation of private fire hydrants, provided, however, that no permit authorizing the installation of a private fire hydrant shall be approved without the recordation of an agreement in the land records of the District of Columbia that satisfies the requirements of the Private Fire Hydrant Act.
Exception: A permit is not required for a private entity with trained maintenance personnel, or a private fire brigade or fire department, to maintain, test and use private hydrants.

105.6.38 105.6.37 Pyrotechnic Special Effects Material

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required for use and handling of pyrotechnic special effects material.

105.6.39 105.6.38 Pyroxylin Plastics

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required for storage or handling of more than 25 pounds (11 kg) of cellulose nitrate (pyroxylin) plastics, and for the assembly or manufacture of articles involving pyroxylin plastics.

105.6.40 105.6.39 Refrigeration Equipment

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required to operate a mechanical refrigeration unit or system regulated by Chapter 6.

105.6.41 105.6.40 Repair Garages and Motor Fuel-Dispensing Facilities

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required for operation of repair garages and automotive, marine and fleet motor fuel-dispensing facilities.

105.6.42 105.6.41 Rooftop Heliports

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required for the operation of a rooftop heliport.

105.6.43 105.6.42 Spraying or Dipping

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter 24.

105.6.44 105.6.43 Storage of Scrap Tires and Tire Byproducts

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required to establish, conduct or maintain storage of scrap tires and tire byproducts that exceed 2,500 cubic feet (71 m3) of total volume of scrap tires and for indoor storage of tires and tire byproducts.

105.6.45 105.6.44 Temporary Membrane Structures and Tents

AMENDMENT
This section has been amended at the state or city level.
Activities conducted within a temporary membrane structure or tent are subject to operational permit requirements. An operational permit is not required to operate an air-supported temporary membrane structure or a tent, however, a permit shall be obtained from the building code official in accordance with Section 3103 where required.

105.6.46 105.6.45 Tire-Rebuilding Plants

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required for the operation and maintenance of a tire-rebuilding plant.

105.6.47 105.6.46 Waste Handling

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required for the operation of wrecking yards, junk yards and waste material-handling facilities.

105.6.48 105.6.47 Wood Products

AMENDMENT
This section has been amended at the state or city level.
An operational permit is required to store chips, hogged material, lumber or plywood in excess of 200 cubic feet (6 m3).

105.7 Required Construction Installation Permits

AMENDMENT
This section has been amended at the state or city level.
The code official is authorized to issue installation permits for work as set forth in Sections 105.7.1 through 105.7.9.

105.7.1 Automatic Fire-Extinguishing Systems

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

105.7.2 105.7.1 Battery Systems

AMENDMENT
This section has been amended at the state or city level.
An installation permit is required to install stationary storage battery systems having a liquid capacity of more than 50 gallons (189 L).

105.7.3 105.7.2 Compressed Gases

AMENDMENT
This section has been amended at the state or city level.
Where the compressed gases in use or storage exceed the amounts listed in Table 105.6.9, an installation permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a compressed gas system.
Exceptions:
  1. Routine maintenance.
  2. For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work.

105.7.2.1 Closure of Facilities

AMENDMENT
This section has been amended at the state or city level.
The permit applicant shall apply for approval to close storage, use or handling facilities in accordance with Sections 5001.5 and 5001.6.

105.7.4 105.7.3 Cryogenic Fluids

AMENDMENT
This section has been amended at the state or city level.
An installation permit is required for installation of or alteration to outdoor stationary cryogenic fluid storage systems where the system capacity exceeds the amounts listed in Table 105.6.11. Maintenance performed in accordance with this code is not considered to be an alteration and does not require an installation permit.

105.7.5 Emergency Responder Radio Coverage System

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

105.7.6 Fire Alarm and Detection Systems and Related Equipment

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

105.7.7 Fire Pumps and Related Equipment

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

105.7.8 105.7.4 Flammable and Combustible Liquids

AMENDMENT
This section has been amended at the state or city level.
An installation permit is required:
  1. To install, repair or modify a pipeline for the transportation of flammable or combustible liquids.
  2. To install, construct or alter tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.
  3. To install, alter, remove, abandon or otherwise dispose of a flammable or combustible liquid tank.

105.7.9 Gates and Barricades Across Fire Apparatus Access Roads

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

105.7.10 105.7.5 Hazardous Materials

AMENDMENT
This section has been amended at the state or city level.
An installation permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility or other area regulated by Chapter 50 where the hazardous materials in use or storage exceed the amounts listed in Table 105.6.21.
Exceptions:
  1. Routine maintenance.
  2. For repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work.

105.7.11 Industrial Ovens

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

105.7.12 105.7.6 LP-gas

AMENDMENT
This section has been amended at the state or city level.
An installation permit is required for installation of or modification to an LP-gas system. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.

105.7.13 Private Fire Hydrants

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

105.7.14 Smoke Control or Smoke Exhaust Systems

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

105.7.15 Solar Photovoltaic Power Systems

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

105.7.16 105.7.7 Spraying or Dipping

AMENDMENT
This section has been amended at the state or city level.
An installation permit is required to install or modify a sprayroom, dip tank or booth.

105.7.8 Tents and Membrane Structures

AMENDMENT
This section has been amended at the state or city level.
See Sections 105.6.44 and 3103.

105.7.9 Emergency Radio Responder Coverage Systems

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

105.7.17 Standpipe Systems

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

105.7.18 Temporary Membrane Structures and Tents

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

106.1 Inspection Authority

AMENDMENT
This section has been amended at the state or city level.
The code official is authorized to enter and examine any building, structure, marine vessel, vehicle or premises for the purpose of enforcing the Fire Code in accordance with Section 104.3.

106.2 Inspections

AMENDMENT
This section has been amended at the state or city level.
The code official is authorized to conduct such inspections as are deemed necessary to determine the extent of compliance with the provisions of the Fire Code and to approve reports of inspection by an approved agency. All reports of such inspections shall be prepared and submitted in writing for review and approval. Inspection reports shall be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as is deemed necessary to report upon unusual, detailed or complex technical issues.

106.2.1 Inspection Requests

AMENDMENT
This section has been amended at the state or city level.
It shall be the duty of the holder of the permit or their duly authorized agent to notify the code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by the Fire Code.

106.2.2 Approval Required

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

106.3 Concealed Work

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

106.4 106.3 Approvals

AMENDMENT
This section has been amended at the state or city level.
Approval as the result of an inspection shall not be construed to be an approval of a violation of the provisions of the Fire Code or of other laws or regulations of the District of Columbia. Inspections presuming to give authority to violate or cancel provisions of the Fire Code or of other laws or regulations of the District of Columbia shall not be valid.

107.1 Maintenance of Safeguards

AMENDMENT
This section has been amended at the state or city level.
Whenever or wherever any device, equipment, system, condition, arrangement, level of protection, or any other feature is required for compliance with the provisions of the Fire Code, or otherwise installed, such device, equipment, system, condition, arrangement, level of protection, or other feature shall thereafter be continuously maintained in accordance with the Fire Code and applicable referenced standards.

107.2 Testing and Operation

AMENDMENT
This section has been amended at the state or city level.
Equipment requiring periodic testing or operation to ensure maintenance shall be tested or operated as specified in the Fire Code.

107.2.1 Test and Inspection Records

AMENDMENT
This section has been amended at the state or city level.
Required test and inspection records shall be available to the code official at all times, and such records as designated shall be filed with the code official.

107.2.1 107.2.2 Reinspection and Testing

AMENDMENT
This section has been amended at the state or city level.
Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made so as to achieve compliance with the Fire Code. The work or installation shall then be resubmitted to the code official for inspection and testing.

107.3 Recordkeeping

AMENDMENT
This section has been amended at the state or city level.
A record of periodic inspections, tests, servicing and other operations and maintenance shall be maintained by the owner on the premises or other approved location for not less than 3 years, or a different period of time where specified in this code or referenced standards. Records shall be made available for inspection by the fire code official, and a copy of the records shall be provided to the fire code official upon request.

The fire code official is authorized to prescribe the form and format of such recordkeeping. The fire code official is authorized to require that certain required records be filed with the fire code official.

107.4 Supervision

AMENDMENT
This section has been amended at the state or city level.
Maintenance and testing shall be under the supervision of a responsible person who shall ensure that such maintenance and testing is conducted at specified intervals in accordance with the Fire Code.

107.5 Rendering Equipment Inoperable

AMENDMENT
This section has been amended at the state or city level.
Portable or fixed fire-extinguishing systems or devices and fire-warning systems shall not be rendered inoperative or inaccessible except as necessary during emergencies, maintenance, repairs, alterations, drills or prescribed testing.

107.6 Overcrowding

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

Section 108 Board of Appeals

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

108.1 Board of Appeals Established

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

108.2 Limitations on Authority

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

108.3 Qualifications

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

Section 108 Appeals

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

108.1 Right of Appeal

AMENDMENT
This section has been amended at the state or city level.
Any person directly affected by a notice or order issued under this Fire Code shall have the right to appeal to the Office of Administrative Hearings, pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code §§ 2-1831.01 et seq. (2016 Repl. & 2019 Supp.)) and regulations promulgated thereunder. The appeal shall be filed within 15 days of the date of service of the notice or order. An appeal shall be based on a claim that the Fire Code has been incorrectly interpreted by the code official, the provisions of the code do not fully apply, or the requirements of the Fire Code are adequately satisfied by other means.

Notwithstanding the foregoing, OAH review of a notice or order to close or vacate a residential premises issued pursuant to Section 110 shall be based solely on the issue of whether the premises are unsafe or unfit for occupancy requiring a building closure under the provisions of Section 110 of the Fire Code. OAH review of a notice or order to close or vacate a residential premises issued pursuant to Section 111 shall be based solely on the issue of whether the code official's building closure decision was arbitrary and capricious.

108.1.1 Expedited OAH Hearing for Section 110 Closure Orders

AMENDMENT
This section has been amended at the state or city level.
Where a notice or order to close or vacate a building with rental units is issued pursuant to Section 110, a tenant or occupant of a rental unit affected by the notice or order has a right to request an expedited hearing by OAH prior to the closure subject to the following requirements:
  1. The tenant or occupant shall file the request for an expedited hearing with OAH no later than the date specified in the closure order for tenants or occupants to vacate the structure or unit;
  2. OAH review shall be based solely on the issue of whether the premises are unsafe or unfit for occupancy requiring a building closure under the provisions of Section 110 of the Fire Code;
  3. Enforcement of the closure notice or order shall be stayed until OAH issues a written decision; and
  4. OAH shall hold a hearing within 72 hours of receipt of a timely request, and shall issue a decision within 72 hours after the hearing record is closed. In determining the 72-hour period, weekends and legal holidays shall be excluded.

108.1.2 Additional Provisions Applicable to Buildings With Rental Units

AMENDMENT
This section has been amended at the state or city level.
Nothing herein shall be construed to authorize an expedited hearing for any notices or orders issued, or actions taken, pursuant to Section 111. Appeal of a notice or order issued pursuant to Section 110 to close or vacate a building with rental units, or a request for an expedited hearing pursuant to Section 108.1.1, shall not preclude the code official from issuing a notice or order pursuant to Section 111 for the same premises or any portion thereof, while such appeal or hearing is pending.

108.2 Stay of Action

AMENDMENT
This section has been amended at the state or city level.
Appeals of notices or orders shall stay the enforcement of the notice or order until the appeal is heard by the Office of Administrative Hearings.
Exceptions:
  1. Notices or orders issued pursuant to Section 111 Emergency Conditions.
  2. Closure notices or orders issued pursuant to Section 110, and related orders to vacate premises, except where the tenant or occupant has requested an expedited OAH hearing in accordance with Section 108.1.1.
  3. Stop work orders issued pursuant to Section 109.6.

108.3 Unsafe Conditions; Emergency Measures

AMENDMENT
This section has been amended at the state or city level.
Any person ordered to take emergency measures or to correct unsafe conditions shall comply with such order forthwith. Any affected person may thereafter pursue his, her or its right of appeal pursuant to Section 108.1.

109.1 Unlawful Acts

AMENDMENT
This section has been amended at the state or city level.
It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by the Fire Code, or cause same to be done, in conflict with or in violation of any of the provisions of the Fire Code.

109.2 Owner/Occupant Responsibility

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

109.2 Notice of Violation or Order

AMENDMENT
This section has been amended at the state or city level.
When the code official finds that a building, premises, vehicle, storage facility or outdoor area is in violation of the Fire Code, the code official is authorized to prepare a written notice of violation or order describing the conditions deemed unsafe and, when compliance is not immediate, specifying a time for re-inspection.

109.2.1 Service

AMENDMENT
This section has been amended at the state or city level.
A notice of violation or order issued pursuant to the Fire Code shall be served upon the owner, operator, occupant, or other person responsible for the condition or violation, in accordance with the service provisions set forth in 12-A DCMR § 113.5, which are incorporated herein by reference.

109.2.2 Additional Notification Provisions for Premises With Rental Units

AMENDMENT
This section has been amended at the state or city level.
The provisions of Sections 109.2.2.1 through 109.2.2.4 shall apply to premises with rental units.

109.2.2.1 General

AMENDMENT
This section has been amended at the state or city level.
Where a notice or order is issued to the owner of a premises or portion thereof with respect to a rental unit occupied by a tenant, the code official shall provide such tenant with a copy of the notice or order. This requirement will be satisfied by mailing a copy to the tenant by first-class mail postage prepaid, leaving a copy at the tenant's residence, or any other reasonable method in the code official's discretion.

109.2.2.2 Premises With Multiple Rental Units

AMENDMENT
This section has been amended at the state or city level.
In premises with more than one rental unit, any instance where a notice or order affects the rental unit and/or common space of more than one tenant, the code official shall post a copy of any notice or order issued to the owner pursuant to Section 109 for a reasonable time in one or more locations on the premises where the violation exists. The locations for posting the notification shall be reasonably selected to give notice to all tenants affected. Any tenant directly affected by the violation(s) shall, upon request to the code official, be sent a copy of the posted notification by first class mail, postage prepaid.

109.2.2.3 Notices or Orders Requiring Closure of Premises With Rental Units

AMENDMENT
This section has been amended at the state or city level.
Where the code official (a) posts a notice of unsafe condition pursuant to Section 110 on a building with rental units that prohibits access to or occupancy of the premises or issues an order to close and barricade a building with rental units, or (b) posts a notice of emergency condition pursuant to Section 111 on a building with rental units requiring tenants and occupants to vacate the premises, the following additional requirements shall apply.
  1. The notice or order shall specify a date and time by which tenants or occupants of the rental units are required to vacate the premises.
  2. The notice or order shall include a statement informing tenants or occupants of the rental units of the right to appeal pursuant to Section 108, including, where applicable, the right to an expedited hearing pursuant to Section 108.1.2.
  3. The code official shall provide a copy of the notice or order to each tenant of the rental units affected by the notice or order by leaving a copy at each dwelling unit or any other reasonable method in the code official's discretion.
  4. The notice or order shall provide contact information for the Office of the Tenant Advocate.

109.2.2.4 Exclusivity of Tenant Notice Provisions

AMENDMENT
This section has been amended at the state or city level.
The code official shall not be subject to any other tenant notification provisions, except as expressly set forth in this Section 109.2.2.

109.2.3 Failure to Issue a Notice

AMENDMENT
This section has been amended at the state or city level.
Issuance of a notice of violation pursuant to this section is at the discretion of the code official. Failure to give a notice of violation shall not be a bar to any criminal prosecution, civil action, or civil infraction proceeding brought under the Fire Code.

109.2.4 Compliance With Orders and Notices

AMENDMENT
This section has been amended at the state or city level.
A notice of violation or order issued or served as provided by the Fire Code shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the notice of violation or order pertains.

109.2.5 Prosecution of Collateral Fines and Other Violations

AMENDMENT
This section has been amended at the state or city level.
If the notice of violation is not complied with as specified by the code official, the code official may issue a collateral notice, or civil infraction. If violations are not corrected as specified, a request may be made to the District of Columbia Office of the Attorney General to institute the appropriate legal proceedings to restrain, correct or abate the violation or to require removal or termination of the unlawful use of the building or structure in violation of the provisions of the Fire Code or of any related order or direction. The code official may request a law enforcement officer to make arrests for any offense cited in the Fire Code or orders of the code official affecting the immediate safety of the public.

109.2.6 Unauthorized Tampering

AMENDMENT
This section has been amended at the state or city level.
Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed, obstructed, tampered with or removed without authorization from the code official. Unauthorized removal or obstruction of signs, tags or seals posted or affixed by the code official is a violation of the Fire Code and is subject to the penalties provided in Section 109 and D.C. Official Code § 6-1406 (2018 Repl.), and the injunctive relief set out in D.C. Official Code § 6-1407 (2018 Repl.). The owner of the premises posted with a notice of unsafe condition, or the owner's agent, shall promptly notify the Department if the posted notice has been removed, damaged or obstructed so the notice can be reposted.

109.3 Violation Penalties

AMENDMENT
This section has been amended at the state or city level.
Any person, firm, or corporation violating any of the provisions of the Fire Code or failing to comply with any order issued pursuant to any section of the Fire Code, upon conviction thereof shall be punished by a fine of not more than $300 or imprisonment for not more than 90 days, or both. Each day that a violation continues, after a service of notice as provided in the Fire Code, shall be deemed a separate offense.

109.3 Notice of Violation

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

109.3.1 Service

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

109.3.2 Compliance With Orders and Notices

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

109.3.3 Prosecution of Violations

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

109.3.4 Unauthorized Tampering

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

109.4 Civil Infractions

AMENDMENT
This section has been amended at the state or city level.
Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of the Fire Code, or any rules or regulations issued under authority of the Fire Code or pursuant to Title I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 et seq. (2016 Repl. & 2019 Supp.)) ("Civil Infractions Act"). Notices of infraction shall be issued in accordance with the procedures and fine amounts set forth in Section 201 of the Civil Infractions Act and Title 16 DCMR.

109.4 Violation Penalties

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

109.4.1 Abatement of Violation

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

109.5 Abatement of Violation

AMENDMENT
This section has been amended at the state or city level.
In addition to the imposition of the penalties herein described, the code official is authorized to institute appropriate action: (1) to prevent unlawful construction or to restrain, correct or abate a violation; (2) to prevent illegal occupancy of a structure or premises; or (3) to stop an illegal act, conduct of business or occupancy of a structure on or about any premises.

109.6 Stop Work Order

AMENDMENT
This section has been amended at the state or city level.
Whenever the code official finds any work regulated by the Fire Code being performed in a manner contrary to the provisions of the Fire Code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order.

109.6.1 Form of Stop Work Order

AMENDMENT
This section has been amended at the state or city level.
A stop work order shall be in writing, in a form prescribed by the code official, and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. If the stop work order cannot be delivered personally, notice shall be effected by posting the stop work order in or about the structure affected by such notice as provided in Section 109.6.1.1. Upon issuance of a stop work order, the cited work shall immediately cease, except such work as that person is directed to perform by the code official to remove a violation or unsafe condition. The stop work order shall state the reason for the order, and the conditions under which the cited work is authorized to resume. The stop work order shall state the address of the property and the specific section or sections of the Fire Code violated. It shall also contain a description of the right to appeal the order and how to obtain an appeal form. No stop work order shall be issued nor considered valid unless it contains all of the above information, along with the signature of the issuing official.

109.6.1.1 Posting of Stop Work Order

AMENDMENT
This section has been amended at the state or city level.
Regardless of how service is effected, the code official shall post the stop work order in a conspicuous location, visible to the owner, the public and other government officials, in or about the building, structure or premises affected by the stop work order.

109.6.1.2 Removal or Obstruction of a Posted Stop Work Order

AMENDMENT
This section has been amended at the state or city level.
Unauthorized removal or obstruction of a posted stop work order is a violation of the Construction Codes, and is subject to the penalties provided in D.C. Official Code § 6-1406 (2018 Repl.) and the injunctive relief set out in D.C. Official Code § 6-1407 (2018 Repl.).

109.6.1.3 Access Required to Post a Stop Work Order

AMENDMENT
This section has been amended at the state or city level.
Where the code official requires access into a structure to post a stop work order, the owner of the structure, or his or her agent, must provide the required access within 24 hours after receiving written notice from the code official pursuant to Section 109.6.1

109.6.2 Emergencies

AMENDMENT
This section has been amended at the state or city level.
Where an emergency or imminently dangerous condition exists, the code official shall not be required to give a written notice prior to stopping the work.

109.6.3 Failure to Comply

AMENDMENT
This section has been amended at the state or city level.
Any person who shall continue any work after a stop work order has been posted, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties set forth in D.C. Official Code § 6-1406 (2018 Repl.) and the injunctive relief set out in D.C. Official Code § 6-1407 (2018 Repl.).

109.6.3.1 Owner and/or Designated Agent Responsible for Ensuring Compliance With Stop Work Order

AMENDMENT
This section has been amended at the state or city level.
The owner of the property, or his or her agent, serving as the contractor of record, shall be deemed to have violated the stop work order where his or her subordinate employees, workers, and sub-contractors do not comply with the requirements of the stop work order.

109.6.3.2 Code Official May Seek a Warrant for Violation of Stop Work Order

AMENDMENT
This section has been amended at the state or city level.
Upon finding that the requirements of a stop work order have been violated, including the removal of a stop work order, the code official may request the Office of the Attorney General for the District of Columbia to institute appropriate proceedings which may include the arrest and prosecution of the owner or agent.

109.6.4 Appeal of Stop Work Order

AMENDMENT
This section has been amended at the state or city level.
The property owner, his or her agent, or the person responsible for the work cited in a stop work order, may appeal the stop work order to the code official pursuant to the procedures set forth in this section. Claimants shall appeal using a form provided by the code official, on which they shall state the grounds for the appeal, which shall be based on a claim that the Fire Code or the rules legally adopted thereunder, have been incorrectly interpreted or applied, or the requirements of the Fire Code are adequately satisfied by other means. The appeal shall be filed within 15 days after the date on which the stop work order is posted.

109.6.4.1 Action on Appeal

AMENDMENT
This section has been amended at the state or city level.
Within 10 business days after the date of receipt of the appeals form, the code official shall affirm, modify, or reverse the previous action or decision. The decision of the code official shall be the final decision of the Department. If the code official denies the appeal, or does not act upon the appeal within the 10 business day period, the decision will be deemed affirmed and the claimant may appeal the matter directly to the Office of Administrative Hearings, as provided for in Section 108.

109.6.4.2 Stay of Action

AMENDMENT
This section has been amended at the state or city level.
The filing of an appeal does not stay the effect of a stop work order.

Section 110 Unsafe Conditions

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

110.1 Unsafe Conditions

AMENDMENT
This section has been amended at the state or city level.
All premises or equipment thereon that are or hereafter become abandoned, deteriorated, unsafe, unsanitary, or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve either (a) illegal or improper use or occupancy or (b) inadequate maintenance, shall be deemed an unsafe condition. Unsafe conditions shall be removed or made safe and secure, as the code official deems necessary pursuant to this section or pursuant to other laws, including, but not limited to, D.C. Official Code §§ 42-3131.01 et seq. (2012 Repl.), D.C. Official Code §§ 42-3171.01 et seq. (2012 Repl.), and D.C. Official Code §§ 6-801 et seq. (2018 Repl.). In addition, unsafe conditions shall include those referenced in Section 108 of the Property Maintenance Code. A vacant premises, unguarded or open at door or window, shall be deemed a fire hazard and unsafe within the meaning of the Construction Codes.

110.1.1 Overcrowding

AMENDMENT
This section has been amended at the state or city level.
Overcrowding or admittance of any person beyond the approved capacity of a building or a portion thereof shall be deemed an unsafe condition. The code official, upon finding any overcrowding conditions or obstructions in aisles, passageways or other means of egress, or upon finding any condition which constitutes a life safety hazard, shall be authorized to cause the event or activity to be stopped until such condition or obstruction is corrected.

110.2 Examination and Record of Unsafe Premises

AMENDMENT
This section has been amended at the state or city level.
The code official shall examine every premises reported as dangerous, unsafe structurally, or constituting a fire hazard, and shall maintain a record of those premises where the code official finds an unsafe condition.

110.3 Posting of Notice of Unsafe Condition

AMENDMENT
This section has been amended at the state or city level.
Where the code official finds an unsafe condition, as defined in Section 110.1, the code official shall post a notice of unsafe condition on the premises where the unsafe condition exists. The code official shall have discretion to post the notice of unsafe condition in the location or locations that the code official deems necessary to warn persons that access to, or use or occupancy of, the premises is restricted.

110.3.1 Access to Posted Premises

AMENDMENT
This section has been amended at the state or city level.
The notice of unsafe condition posted in accordance with Section 110.3 shall specify whether entry, use and/or occupancy of the posted premises, or a portion thereof, is prohibited by the code official. Entry, use and/or occupancy of the posted premises shall be at the discretion of the code official, subject as applicable to the requirements for closure of buildings with rental units set forth in Section 110.8.

110.3.2 Compliance With Posted Notice

AMENDMENT
This section has been amended at the state or city level.
Entry, use and/or occupancy of a premises or portion thereof in violation of the terms of a posted notice of unsafe condition shall be unlawful.

110.3.3 Unauthorized Removal or Obstruction of Posted Notice

AMENDMENT
This section has been amended at the state or city level.
Unauthorized removal or obstruction of a posted notice of unsafe condition is a violation of the Construction Codes, and is subject to the penalties provided in Section 113 and D.C. Official Code § 6-1406 (2018 Repl.), and the injunctive relief set out in D.C. Official Code § 6-1407 (2018 Repl.). The owner of the premises posted with a notice of unsafe condition, or the owner's agent, shall promptly notify the Department if the posted notice has been removed, damaged or obstructed so the notice can be reposted.

110.4 Remedial Notices or Orders Relating to Unsafe Condition

AMENDMENT
This section has been amended at the state or city level.
In addition to posting of a notice in accordance with Section 110.3, where the code official finds an unsafe condition, the code official is authorized to issue a notice or order to require the owner of the premises to make the premises safe and secure or to remove the unsafe condition as the code official deems necessary. The notified person shall employ sufficient means to comply with the notice as expeditiously as can be done.

110.5 Disregard of Remedial Notice or Order

AMENDMENT
This section has been amended at the state or city level.
Upon the refusal or neglect of the person served with a remedial notice or order pursuant to Section 110.4 to comply with the requirements of the notice or order to abate or remove the unsafe condition, the code official is authorized to pursue any penalties or remedies authorized by law or regulation, including, but not limited to, abatement of the unsafe condition by the code official or referral to the Office of the Attorney General for appropriate legal action to compel compliance.

110.5.1 Abatement by Code Official

AMENDMENT
This section has been amended at the state or city level.
Where the person notified of an unsafe condition pursuant to Section 110.4 fails to abate or remove such unsafe condition, the code official is authorized to cause such condition to be corrected and assess the costs of any corrective action, and all expenses incident thereto, as a tax against the property on which the violating condition existed, and such tax shall be carried on the regular tax rolls of the District, and collected in the same manner as general taxes in the District are collected. Costs shall include, but not be limited to: all expenses incurred for or necessitated by any corrective action; costs of inspectors, testing agencies or experts retained; costs of testing or surveying; costs of mailings, postings and recordings; and costs of attorney's fees expended for recovering the costs of the corrective action or to obtain or enforce a related order.

110.6 Remedies Not Exclusive

AMENDMENT
This section has been amended at the state or city level.
Nothing herein shall be deemed to preclude or negate any other penalties or remedies set forth in Section 109, or to preclude conversion of a special assessment lien to an administrative judgment, enforceable in the same manner as any other civil judgment under District of Columbia law, as authorized by D.C. Official Code § 42-3131.01 (2012 Repl.).

110.7 Other Laws

AMENDMENT
This section has been amended at the state or city level.
The provisions of this Section 110 shall not be deemed to nullify any other provisions of local law governing razing, demolition or repair of unsafe structures, including, but not limited to, the provisions of D.C. Official Code §§ 6-801 et seq. (2018 Repl.) as amended, D.C. Official Code §§ 42-3131.01 et seq. (2012 Repl.) as amended, or D.C. Official Code §§ 42-3171.01 et seq. (2012 Repl.) as amended.

110.8 Special Provisions Applicable to Rental Units

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

110.8.1 Copies of Notices and Orders

AMENDMENT
This section has been amended at the state or city level.
The code official shall provide tenants of rental units with copies of remedial notices and orders issued to the owner of the rental unit pursuant to Section 110.4 in accordance with Section 109.2.2. The code official shall not be required to provide tenants of rental units with copies of any other notices, orders or communications, except as provided in Section 109.2.2.

110.8.2 Closures of Buildings With Rental Units

AMENDMENT
This section has been amended at the state or city level.
The code official is authorized to order tenants or occupants of rental units to vacate the premises within a time sufficient to allow the owner to comply with an order to close and barricade the premises. The notice or order shall include the time by which the premises must be vacated, provided that tenants and occupants shall be given at least five calendar days to vacate, unless the code official determines that the tenants and occupants must leave the premises immediately for their personal safety.

If any tenant or occupant fails to vacate the premises within the time period set forth in the notice or order, subject to the appeal provisions of Section 108, the code official is authorized to order the removal of the tenants or occupants.

110.8.3 Other Rental Housing Provisions

AMENDMENT
This section has been amended at the state or city level.
The removal of tenants from rental units, or the service of an order to vacate, pursuant to this Section 110 shall not be considered an eviction or notice to vacate under D.C. Official Code § 42-3505.01. Notwithstanding the foregoing, nothing herein shall be construed to nullify or abrogate any other rights to which a tenant is entitled under District laws or regulations, including relocation assistance, the right to reoccupy the rental unit following rehabilitation, or the right to pursue rights and remedies under Title 42, Chapter 34 of the D.C. Official Code.

Section 110 Unsafe Buildings

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

110.1 General

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

110.1.1 Unsafe Conditions

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

110.1.2 Structural Hazards

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

110.2 Evacuation

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

110.3 Summary Abatement

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

110.4 Abatement

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

Section 111 Emergency Conditions

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

111.1 Emergency Condition

AMENDMENT
This section has been amended at the state or city level.
When an emergency condition exists, the code official is hereby authorized to take such actions as the code official deems necessary to meet such emergency in accordance with this Section 111. An emergency condition shall exist when, in the opinion of the code official, there is imminent danger, including, but not limited to:
  1. An unsafe condition, including, but not limited to collapse or potential imminent collapse of a building, other structure, site, or street;
  2. An unsanitary condition or the operation of defective or dangerous equipment which immediately endangers the health or safety of occupants of a premises or those in the proximity of a premises; or
  3. The presence of flammable materials or explosives, flammable fumes or vapors, toxic fumes, gases, or substances, or other hazardous or toxic conditions.

111.1.1 Order to Vacate Premises

AMENDMENT
This section has been amended at the state or city level.
When in the opinion of the code official an emergency condition as defined in Section 111.1 exists and the code official deems that occupants of any premises are potentially affected by the emergency condition, the code official is authorized to require such occupants to vacate the premises forthwith or within a time period specified by the code official. This order can be communicated verbally, provided that a notice of emergency condition pursuant to Section 111.1.2 is posted as expeditiously as possible.

111.1.2 Posting of Notice of Emergency Condition

AMENDMENT
This section has been amended at the state or city level.
Where the code official deems an emergency condition to exist, the code official shall cause to be posted on all premises where such emergency condition exists, a notice that states: (1) an emergency condition exists at or near the posted premises; and (2) access, use and/or occupancy of the posted premises or a portion thereof is prohibited by the code official. The notice shall be posted in the location or locations that the code official deems necessary, in the code official's sole discretion. Access to the posted premises shall be at the discretion of the code official, subject as applicable to the requirements for closure of buildings with rental units as set forth in Section 111.7. Failure to comply with the terms of a posted notice of emergency condition shall be unlawful.

111.1.3 Unauthorized Removal or Obstruction of Posted Notice

AMENDMENT
This section has been amended at the state or city level.
Unauthorized removal or obstruction of a posted notice of emergency condition is a violation of the Construction Codes, and is subject to the penalties provided in Section 109 and D.C. Official Code § 6-1406 (2018 Repl.), and the injunctive relief set out in D.C. Official Code § 6-1407 (2018 Repl.). The owner of the premises posted with a notice of emergency condition, or the owner's agent, shall promptly notify the Department if the posted notice has been removed, damaged or obstructed so the notice can be reposted.

111.2 Emergency Work

AMENDMENT
This section has been amended at the state or city level.
Whenever, in the opinion of the code official, an emergency condition exists, the code official is authorized to require or to undertake the necessary work at the premises where the emergency condition exists, or at the premises where such emergency condition arose, to render the premises safe in light of the existing emergency condition, including, but not limited to, requiring implementation of temporary safeguards, repairs, demolition, or razing. Any work at a premises required or undertaken by the code official to address an emergency condition shall be referred to as "emergency work". The code official also is authorized to take such other action(s) as the code official deems necessary to address an emergency condition, including, but not limited to, employing the necessary labor and materials to perform the emergency work at a premises as expeditiously as possible.

111.2.1 Compliance With Order

AMENDMENT
This section has been amended at the state or city level.
Any person ordered by the code official to undertake emergency work at a premises pursuant to Section 111.2 shall comply with such order forthwith and complete the emergency work within the time period specified by the code official. The code official is not required to provide the owner of the premises where an emergency condition is deemed to exist with an opportunity to correct the emergency condition before the code official undertakes emergency work, nor is the code official required to wait for the expiration of a time period specified in an order under this Section 111.2.1 before undertaking such work.

111.2.2 Historic Buildings

AMENDMENT
This section has been amended at the state or city level.
Prior to requiring or undertaking emergency work at a premises that is a building or other structure that is listed in the D.C. or National Register of Historic Places, or a portion thereof, either as an individual listing or as a contributing resource to a listed historic district, the code official shall consult with the State Historic Preservation Officer as required by D.C. Official Code §§ 6-801 and 6-802 (2018 Repl.).

111.3 Safety Perimeter

AMENDMENT
This section has been amended at the state or city level.
When necessary for public safety, the code official is authorized to temporarily close sidewalks, streets, alleys, premises and areas adjacent to a premises on which the emergency condition exists, and to temporarily prohibit access thereto.

111.4 Costs of Emergency Work

AMENDMENT
This section has been amended at the state or city level.
Where the code official causes emergency work to be done at a premises pursuant to Section 111.2, any costs incurred by the District of Columbia in the performance of such emergency work, and expenses incident thereto, shall be paid from appropriations of the District of Columbia, on certification of the code official, and shall be assessed as a tax against the lot on which the emergency condition existed or from which such condition arose as the case may be, carried as a tax on the regular tax rolls, and collected in the same manner as real estate taxes are collected.

111.4.1 Additional Costs of Emergency Work

AMENDMENT
This section has been amended at the state or city level.
Costs of emergency work shall also be deemed to include, but are not limited to: all expenses incurred for or necessitated by any emergency work; costs associated with cleaning the premises to comply with the Construction Codes, utility removal or disconnection costs; court costs, fines, and penalties; costs of inspectors, testing agencies or experts retained; costs of testing or surveying; costs of mailings, postings and recordings; and costs of attorney's fees expended for recovering the costs of the corrective action or to obtain or enforce a related order. If the code official determines that no other shelter is available to tenants or occupants required to vacate rental units as a result of a building closure pursuant to this Section 111, the code official has discretion to assess all expenses incident to tenant or occupant relocation as a cost of emergency repairs, including, but not limited to, temporary housing, security deposits and the first month's rent if required.

111.5 Remedies Not Exclusive

AMENDMENT
This section has been amended at the state or city level.
Nothing herein shall be deemed to preclude or negate any other penalties or remedies set forth in Section 113, or to preclude conversion of a special assessment lien to an administrative judgment, enforceable in the same manner as any other civil judgment under District of Columbia law, as authorized by D.C. Official Code § 42-3131.01.

111.6 Other Laws

AMENDMENT
This section has been amended at the state or city level.
The provisions of this Section 111 shall not be deemed to nullify any other provisions of local law governing razing, demolition or repair of unsafe structures, including, but not limited to, the provisions of D.C. Official Code §§ 6-801 et seq. (2018 Repl.) as amended, D.C. Official Code §§ 42-3131.01 et seq. (2012 Repl.) as amended, or D.C. Official Code §§ 42-3171.01 et seq. (2012 Repl.) as amended.

111.7 Buildings With Rental Units

AMENDMENT
This section has been amended at the state or city level.
Where the code official posts a notice of emergency condition pursuant to this Section 111 at a building with rental units, the code official is authorized to order all tenants or occupants to vacate the premises where an emergency condition exists. The posted notice shall comply with the requirements of Section 109.2.2. If any tenant or occupant fails to vacate the premises within the time specified in the notice, the code official is authorized to order removal of the tenant or occupant from the premises.

111.7.1 Other Rental Housing Provisions

AMENDMENT
This section has been amended at the state or city level.
Where an emergency condition exists, the removal of tenants or occupants from the premises, or the service of an order to vacate, pursuant to this Section 111 shall not be considered an eviction or notice to vacate under D.C. Official Code § 42-3505.01 (2012 Repl. & 2018 Supp.). Notwithstanding the foregoing, nothing herein shall be construed to nullify or abrogate any other rights to which a tenant is entitled under District laws or regulations, including relocation assistance, the right to reoccupy the rental unit following rehabilitation, or the right to pursue rights and remedies under Title 42, Chapter 34 of the D.C. Official Code.

111.8 Removal of Notice of Emergency Condition

AMENDMENT
This section has been amended at the state or city level.
A notice of emergency condition posted pursuant to Section 111.1.2 shall be removed only by the code official. The code official shall remove the posted notice when, in the code official's opinion, the emergency condition no longer exists. Any remaining unsafe conditions that do not constitute an emergency condition (as defined in 111.1) shall be governed by the provisions of Section 110.

111.9 Appeals

AMENDMENT
This section has been amended at the state or city level.
Appeals of code official actions pursuant to this Section 111 are governed by Section 108. As provided in Section 108, any such appeal shall not have the effect of staying any notice or order issued pursuant to this Section 111.

Section 111 Stop Work Order

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

111.1 Order

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

111.2 Issuance

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

111.3 Emergencies

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

111.4 Failure to Comply

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

112.1 Authority to Disconnect Service Utilities

AMENDMENT
This section has been amended at the state or city level.
The code official shall have the authority to authorize disconnection of utility service to a building, structure or system in order to safely execute emergency operations or to eliminate an immediate hazard. The code official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. The owner or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.

113.1 Fees

AMENDMENT
This section has been amended at the state or city level.
A permit shall not be issued until the applicable fees have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

113.2 Schedule of Permit Fees

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

113.2 Fee Schedule

AMENDMENT
This section has been amended at the state or city level.
A fee for each plan examination, permit and inspection shall be paid in accordance with the applicable fee schedule listed here after:

INSPECTION, REINSPECTION AND SUPPLEMENTAL PERMITS:  
Fire Inspection
per site visit and per discipline; first re-inspection of each kind of inspection is included in the original fee
$150.00
Re-Inspection
A re-inspection fee applies to second and subsequent required re-inspections due to non-compliance or incomplete work. Per site visit and per discipline.
$150.00
Forster Care Home Inspection Free
PERMITS:

 
Propane (200 pounds or less)
For each pound in excess of 200 pounds
$100.00
$ 0.50
Bonfires/open burning $150.00
Open Flame per device $150.00
Explosives Site Permit (dynamite/nitro)
(Valid for 45 business days)
$600.00
Explosives vehicle inspection, per vehicle
(Valid for 45 business days)
$200.00
Fireworks Aerial Display Permit
(per occurrence)
$500.00
Fireworks Retail and Stand Permit $300.00
Special Effect and Pyrotechnics Display Permit (per occurrence) $300.00
Hot Work Operations  
Fuel Storage Tank (AST/ UST)
Permit and Shop drawing review
$150.00
$150.00
Miscellaneous Permit
A miscellaneous permit shall include any hazardous operation that requires a permit as stated in Section 105.6.1 through 105.6.46 of the fire code and not specifically listed above.
$200.00
PLANS REVIEW:
 
 
Per Set (Includes all other plans: Exhibition, emergency response, evacuation plans, hot work program, special events, site, construction, alley and street closure for more than 90 days.) $150.00
Use of Personnel -Service Request:
(Fire Watch, Special Events, etc.)

Fire Inspector
Fire Fighter
Paramedic
EMT
$65.00 an hour
Per person, per hour for a minimum of four hours,
HAZARDOUS MATERIALS MITIGATION FEE:
Equipment, materials, supplies and man hours

Replacement Cost
USE OF FIRE AND EMS APPARATUS:  
Use of Engine Companies, Truck Companies, Rescue squads, Rapid Hazardous Material Units, Fireboats, or Brush Truck for Parades, Festivals and other Special Events: $400.00 per hour for a minimum of four hours + personnel cost
Mass Casualty Unit $400.00 per hour for a minimum of four hours + personnel cost
Use of Ambulance: Basic Life Support $200.00 per hour for a minimum of four hours + personnel cost
Advanced Life Support $250.00 for a minimum of four hours + personnel cost

113.3 Work Commencing Before Permit Issuance

AMENDMENT
This section has been amended at the state or city level.
Any person who commences any work, activity or operation regulated by the Fire Code before obtaining the necessary permits shall be subject to an additional fee, which shall be in addition to the required permit fees.
The payment of the fee for the construction, alteration, removal or demolition of work done in connection to or concurrently with the work or activity 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.

113.5 Refunds

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