DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS

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DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRSCONSTRUCTION CODES COORDINATING BOARDNOTICE OF PROPOSED RULEMAKINGThe Chairperson of the Construction Codes Coordinating Board (Chairperson), pursuant to theauthority set forth in section 10 of the Construction Codes Approval and Amendments Act of1986 (Act), effective March 21, 1987 (D.C. Law 6-216; D.C. Official Code § 6-1409 (2008Repl.)) and Mayor’s Order 2009-22, dated February 25, 2009, as amended, hereby gives noticeof the intent to adopt the following amendments to Title 12 (D.C. Construction CodesSupplement of 2008) of the District of Columbia Municipal Regulations, as well as to renameTitle 12.This proposed rulemaking would adopt the following codes published by the International CodeCouncil (ICC), as amended by this rulemaking in a new District of Columbia ConstructionCodes Supplement of 2013, as the District of Columbia Construction Codes: the 2012 edition ofthe International Building Code; the 2012 edition of the International Residential Code; the 2012edition of the International Fuel Gas Code; the 2012 edition of the International MechanicalCode; the 2012 edition of the International Plumbing Code; the 2012 edition of the InternationalProperty Maintenance Code; the 2012 edition of the International Fire Code; the 2012 edition ofthe International Energy Conservation Code; the 2012 edition of the International ExistingBuilding Code; the 2012 edition of the International Green Construction Code; the 2012 editionof the International Swimming Pool and Spa Code; and the 2011 edition of the NationalElectrical Code (NFPA 70) published by the National Fire Protection Association.This proposed rulemaking would repeal the D.C. Construction Codes Supplement of 2008,adopted December 26, 2008 (55 DCR 13094), consisting of the following: the 2006 edition ofthe ICC International Building Code; the 2006 edition of the ICC International Residential Code;the 2006 edition of the ICC International Fuel Gas Code; the 2006 edition of the ICCInternational Mechanical Code; the 2006 edition of the ICC International Plumbing Code; the2006 edition of the ICC International Property Maintenance Code; the 2006 edition of the ICCInternational Fire Code; the 2006 edition of the ICC International Energy Conservation Code;the 2006 edition of the ICC International Existing Building Code; and the 2005 edition of theNational Fire Protection Association (NFPA 70) National Electrical Code.Comments on this proposed rulemaking must be submitted by 5 p.m. on Friday, January 25,2013. The process for submitting comments is detailed on the final page of this proposedrulemaking.The Chairperson also hereby gives notice of the intent to take final rulemaking action to adoptthis amendment. Pursuant to section 10(a) of the Act, the proposed amendment will besubmitted to the Council of the District of Columbia for a forty-five (45) day period of review,The District of Columbia Property Maintenance Code (2013), referred to as the “Property Maintenance Code,” consists of the 2012 edition of theInternational Property Maintenance Code, published by the International Code Council (ICC), as amended by the District of Columbia PropertyMaintenance Code Supplement (2013) (12 DCMR G). The International Property Maintenance Code is copyrighted by the ICC and therefore isnot republished here. However, a copy of the text may be obtained at: ndex.htm?bu IC-P2012-000006&bu2 IC-P-2012-000019.2013 DISTRICT OF COLUMBIA PROPERTY MAINTENANCE CODE1

and final rulemaking action will not be taken until the later of thirty (30) days after the date ofpublication of this notice in the D.C. Register or Council approval of the amendment.Title 12 (D.C. Construction Codes Supplement of 2008) of the District of ColumbiaMunicipal Regulations is amended as follows:The title of title 12 is renamed as the District of Columbia Construction Codes Supplementof 2013.Subtitle 12 A (Building Code Supplement of 2008) is repealed in its entirety and replacedwith a new Building Code Supplement of 2013.Subtitle 12 B (Residential Code Supplement of 2008) is repealed in its entirety and replacedwith a new Residential Code Supplement of 2013.Subtitle 12 C (Electrical Code Supplement of 2008) is repealed in its entirety and replacedwith a new Electrical Code Supplement of 2013.Subtitle 12 D (Fuel Gas Code Supplement of 2008) is repealed in its entirety and replacedwith a new Fuel Gas Code Supplement of 2013.Subtitle 12 E (Mechanical Code Supplement of 2008) is repealed in its entirety andreplaced with a new Mechanical Code Supplement of 2013.Subtitle 12 F (Plumbing Code Supplement of 2008) is repealed in its entirety and replacedwith a new Plumbing Code Supplement of 2013.Subtitle 12 G (Property Maintenance Code Supplement of 2008) is repealed in its entiretyand replaced with a new Property Maintenance Code Supplement of 2013.Subtitle 12 H (Fire Code Supplement of 2008) is repealed in its entirety and replaced with anew Fire Code Supplement of 2013.Subtitle 12 I (Energy Conservation Code Supplement of 2008) is repealed in its entirety andreplaced with a new Energy Conservation Code Supplement of 2013.Subtitle 12 J (Existing Building Supplement of 2008) is repealed in its entirety and replacedwith a new Existing Building Code Supplement of 2013.Subtitle 12 K (Fees) is redesignated as Subtitle M (Fees).A new Subtitle 12 K (Green Construction Code Supplement of 2013) is added.The District of Columbia Property Maintenance Code (2013), referred to as the “Property Maintenance Code,” consists of the 2012 edition of theInternational Property Maintenance Code, published by the International Code Council (ICC), as amended by the District of Columbia PropertyMaintenance Code Supplement (2013) (12 DCMR G). The International Property Maintenance Code is copyrighted by the ICC and therefore isnot republished here. However, a copy of the text may be obtained at: ndex.htm?bu IC-P2012-000006&bu2 IC-P-2012-000019.2013 DISTRICT OF COLUMBIA PROPERTY MAINTENANCE CODE2

A new Subtitle 12 L (Swimming Pool and Spa Code Supplement of 2013) is added.For purposes of clarity, the following table lists each chapter of the ICC and NFPA 70 codesamended by the District of Columbia Construction Codes Supplement of 2013:SUBTITLE A – BUILDING CODE SUPPLEMENTChapter 1Chapter 2Chapter 3Chapter 4Chapter 5Chapter 7Chapter 9Chapter 10Chapter 12Chapter 14Chapter 15Chapter 16Chapter 18Chapter 26Chapter 30Chapter 31Chapter 32Chapter 33Chapter 34Chapter 35Appendix EAdministration and EnforcementDefinitionsUse Group and ClassificationSpecial Detailed Requirements Based on Use and OccupancyGeneral Building Heights and AreasFire-Resistance-Related ConstructionFire Protection SystemsMeans of EgressInterior EnvironmentExterior WallsRoof Assemblies and Rooftop StructuresStructural DesignSoils and FoundationsPlasticElevators and Conveying SystemsSpecial ConstructionEncroachments into the Public Right-of-WaySafeguards During ConstructionExisting StructuresReferenced StandardsSupplementary Accessibility RequirementsSUBTITLE B – RESIDENTIAL CODE SUPPLEMENTChapter 1Chapter 2Chapter 3Chapter 9Chapter 11Chapter 12Chapter 15Chapter 16Chapter 24Chapter 25Scope and AdministrationDefinitionsBuilding PlanningRoof AssembliesEnergy EfficiencyMechanical AdministrationExhaust SystemsDuct SystemsFuel GasPlumbing AdministrationThe District of Columbia Property Maintenance Code (2013), referred to as the “Property Maintenance Code,” consists of the 2012 edition of theInternational Property Maintenance Code, published by the International Code Council (ICC), as amended by the District of Columbia PropertyMaintenance Code Supplement (2013) (12 DCMR G). The International Property Maintenance Code is copyrighted by the ICC and therefore isnot republished here. However, a copy of the text may be obtained at: ndex.htm?bu IC-P2012-000006&bu2 IC-P-2012-000019.2013 DISTRICT OF COLUMBIA PROPERTY MAINTENANCE CODE3

Chapter 29Chapter 30Chapter 44Appendix HAppendix JAppendix KAppendix MWater Supply and DistributionSanitary DrainageReferenced StandardsPatio CoversExisting Buildings and StructuresSound TransmissionHome Day Care – R-3 OccupanciesSUBTITLE C – ELECTRICAL CODE SUPPLEMENTArticle 90Article 408IntroductionSwitchboards and PanelboardsSUBTITLE D – FUEL GAS CODE SUPPLEMENTChapter 1Chapter 2Chapter 5Chapter 8Scope and AdministrationDefinitionsChimneys and VentsReferenced StandardsSUBTITLE E – MECHANICAL CODE SUPPLEMENTChapter 1Chapter 2Chapter 4Chapter 5Chapter 6Chapter 8Chapter 9Chapter 10Chapter 11Chapter 15Scope and AdministrationDefinitionsVentilationExhaust SystemsDuct SystemsChimneys and VentsSpecific Appliances, Fireplaces and Solid Fuel-Burning EquipmentBoilers, Water Heaters and Pressure VesselsRefrigerationReferenced StandardsSUBTITLE F – PLUMBING CODE SUPPLEMENTChapter 1Chapter 3Chapter 4Chapter 6Chapter 8Chapter 11Chapter 13Scope and AdministrationGeneral RegulationsFixtures, Faucets and Fixture FittingsWater Supply and DistributionIndirect/Special WasteStorm DrainageNonliquid Saturated Treatment SystemsThe District of Columbia Property Maintenance Code (2013), referred to as the “Property Maintenance Code,” consists of the 2012 edition of theInternational Property Maintenance Code, published by the International Code Council (ICC), as amended by the District of Columbia PropertyMaintenance Code Supplement (2013) (12 DCMR G). The International Property Maintenance Code is copyrighted by the ICC and therefore isnot republished here. However, a copy of the text may be obtained at: ndex.htm?bu IC-P2012-000006&bu2 IC-P-2012-000019.2013 DISTRICT OF COLUMBIA PROPERTY MAINTENANCE CODE4

SUBTITLE G – PROPERTY MAINTENANCE CODE SUPPLEMENTChapter 1Chapter 2Chapter 3Chapter 4Chapter 5Chapter 6Chapter 7Chapter 8Administration and EnforcementDefinitionsRequirementsLight, Ventilation and Occupancy LimitationsPlumbing Facilities and Fixture RequirementsMechanical and Electrical RequirementsFire Safety RequirementsReferenced StandardsSUBTITLE H – FIRE CODE SUPPLEMENTChapter 1Chapter 2Chapter 3Chapter 5Chapter 6Chapter 9Chapter 10Chapter 11Chapter 56Appendix BAppendix CAppendix DAppendix HAdministration and EnforcementDefinitionsGeneral RequirementsFire Service FeaturesBuilding Services and SystemsFire Protection SystemsMeans of EgressConstruction Requirements for Existing BuildingsExplosives and FireworksFire-Flow Requirements for BuildingsFire Hydrant Locations and DistributionFire Apparatus Access RoadsHazardous Materials Management Plan (HMMP) and Hazardous MaterialsInventory Statement (HMIS) InstructionsSUBTITLE I – ENERGY CONSERVATION CODE SUPPLEMENTChapter 1[CE] AdministrationChapter 4[CE] Commercial Energy EfficiencyChapter 1[RE] Scope and AdministrationSUBTITLE J – EXISTING BUILDING CODE SUPPLEMENTChapter 1Chapter 2Chapter 4Chapter 6Chapter 7Scope and AdministrationDefinitionsPrescriptive Compliance MethodRepairsAlterations-Level 1The District of Columbia Property Maintenance Code (2013), referred to as the “Property Maintenance Code,” consists of the 2012 edition of theInternational Property Maintenance Code, published by the International Code Council (ICC), as amended by the District of Columbia PropertyMaintenance Code Supplement (2013) (12 DCMR G). The International Property Maintenance Code is copyrighted by the ICC and therefore isnot republished here. However, a copy of the text may be obtained at: ndex.htm?bu IC-P2012-000006&bu2 IC-P-2012-000019.2013 DISTRICT OF COLUMBIA PROPERTY MAINTENANCE CODE5

Chapter 8Chapter 9Chapter 10Chapter 15Alterations-Level 2Alterations-Level 3Change of OccupancyConstruction SafeguardsSUBTITLE K – GREEN CONSTRUCTION CODEChapter 1Chapter 2Chapter 3Chapter 4Chapter 5Chapter 6Chapter 7Chapter 8Chapter 9Chapter 10Chapter 11Chapter 12Appendix AScope and AdministrationDefinitionsGreen Building Act and ASHRAE 189.1Site Development and Land UseMaterial Resource Conservation and EfficiencyEnergy Conservation, Efficiency, and CO2eWater Resource Conservation, Quality and EfficiencyIndoor Environmental Quality and ComfortCommissioningExisting BuildingsExisting Building Site DevelopmentReferenced StandardsProject ElectivesSUBTITLE L – SWIMMING POOL AND SPA CODE SUPPLEMENTChapter 1Chapter 2Scope and AdministrationDefinitionsThe District of Columbia Property Maintenance Code (2013), referred to as the “Property Maintenance Code,” consists of the 2012 edition of theInternational Property Maintenance Code, published by the International Code Council (ICC), as amended by the District of Columbia PropertyMaintenance Code Supplement (2013) (12 DCMR G). The International Property Maintenance Code is copyrighted by the ICC and therefore isnot republished here. However, a copy of the text may be obtained at: ndex.htm?bu IC-P2012-000006&bu2 IC-P-2012-000019.2013 DISTRICT OF COLUMBIA PROPERTY MAINTENANCE CODE6

DISTRICT OF COLUMBIACONSTRUCTION CODES SUPPLEMENT OF 201312 DCMR G PROPERTY MAINTENANCECODE SUPPLEMENTThe District of Columbia has adopted the 2012 edition of the International PropertyMaintenance Code (IPMC), as amended by this Supplement.IPMC CHAPTERS AMENDED BY THIS SUPPLEMENT:CHAPTER 1CHAPTER 2CHAPTER 3CHAPTER 4CHAPTER 5CHAPTER 6CHAPTER 7CHAPTER 8ADMINISTRATION AND ENFORCEMENTDEFINITIONSREQUIREMENTSLIGHT, VENTILATION, AND OCCUPANCY LIMITATIONSPLUMBING FACILITIES AND FIXTURES REQUIREMENTSMECHANICAL AND ELECTRICAL REQUIREMENTSFIRE SAFETY REQUIREMENTSREFERENCED STANDARDSThe District of Columbia Property Maintenance Code (2013), referred to as the “Property Maintenance Code,” consists of the 2012 edition of theInternational Property Maintenance Code, published by the International Code Council (ICC), as amended by the District of Columbia PropertyMaintenance Code Supplement (2013) (12 DCMR G). The International Property Maintenance Code is copyrighted by the ICC and therefore isnot republished here. However, a copy of the text may be obtained at: ndex.htm?bu IC-P2012-000006&bu2 IC-P-2012-000019.2013 DISTRICT OF COLUMBIA PROPERTY MAINTENANCE CODE7

CHAPTER 1101102103104105106107108109ADMINISTRATION AND ENFORCEMENTGeneralApplicabilityDepartment of Consumer and Regulatory AffairsDuties and Powers of the Code OfficialApprovalViolationsNotice and OrdersUnsafe Structures Premises and EquipmentEmergency MeasuresStrike Chapter 1 of the International Property Maintenance Code in its entirety and insert newChapter 1 in the Property Maintenance Code in its place to read as follows:101GENERAL101.1 Title. The D.C. Property Maintenance Code (2013), hereinafter referred to as the“Property Maintenance Code,” shall consist of the 2012 edition of the International PropertyMaintenance Code, as amended by the D.C. Property Maintenance Code Supplement (2013) (12DCMR G).101.2 Scope. The scope of the Property Maintenance Code shall be as defined in Section101.4.5.2 of 12 DCMR A.101.3 Intent. The intent of the Property Maintenance Code shall be as defined in Section101.4.5.3 of 12 DCMR A.101.4 Severability. The provisions of Sections 102.5, Partial Invalidity, and 102.5.1,Segregation of Invalid Provisions, of 12 DCMR A, shall apply to the Property MaintenanceCode and are hereby incorporated by reference.102APPLICABILITY102.1 Conflicting provisions. Where there is a conflict between a general requirement and aspecific requirement, the specific requirement shall govern. Where differences occur betweenprovisions of the Property Maintenance Code and its referenced standards, the provisions of theProperty Maintenance Code shall apply. Where, in a specific case, different sections of theProperty Maintenance Code specify different requirements, the most restrictive shall govern.The District of Columbia Property Maintenance Code (2013), referred to as the “Property Maintenance Code,” consists of the 2012 edition of theInternational Property Maintenance Code, published by the International Code Council (ICC), as amended by the District of Columbia PropertyMaintenance Code Supplement (2013) (12 DCMR G). The International Property Maintenance Code is copyrighted by the ICC and therefore isnot republished here. However, a copy of the text may be obtained at: ndex.htm?bu IC-P2012-000006&bu2 IC-P-2012-000019.2013 DISTRICT OF COLUMBIA PROPERTY MAINTENANCE CODE8

102.2 Maintenance. Equipment, systems, devices and safeguards required by the PropertyMaintenance Code or a previous regulation or code under which the structure or premises wasconstructed, altered or repaired shall be maintained in good working order. The requirements ofthe Property Maintenance Code are not intended to provide the basis for removal or abrogationof fire protection and safety systems and devices in existing structures. Except as otherwisespecified herein, the owner or the owner’s designated agent shall be responsible for themaintenance of buildings, structures and premises.102.3 Application of other codes. Repairs, additions, demolition, razing or alterations to astructure, or changes of use or occupancy, shall be done in accordance with the provisions of theConstruction Codes. Nothing in the Property Maintenance Code shall be construed to cancel,modify or set aside any provision of the Construction Codes or the Zoning Regulations, Title 11DCMR.102.4 Existing remedies. The provisions in the Property Maintenance Code shall not beconstrued to abolish or impair existing remedies of the District of Columbia or its officers oragencies relating to the condemnation, removal or demolition of any structure which isdangerous, unsafe and/or unsanitary, the abatement of nuisance property, or the maintenance ofvacant buildings.102.4.1 Code precedence. If a conflict arises between the Housing Code, Title 14DCMR, and the Property Maintenance Code, the provisions of the Property MaintenanceCode shall take precedence.Exception: The provisions of the Property Maintenance Code shall not be deemedto nullify any tenant rights established by Section 115 of the Housing Code, 14DCMR.102.5 Workmanship. Repairs, maintenance work, alterations or installations which are causeddirectly or indirectly by the enforcement of the Property Maintenance Code shall be executedand installed in a workmanlike manner, installed in accordance with the manufacturer’sinstallation instructions, and use materials of a quality and kind suitable for the purpose forwhich used and of a kind normally used in the applicable trade.102.6 Historic buildings. The provisions of the Property Maintenance Code shall not bemandatory for historic buildings or structures meeting the requirements of Chapter 11 of theExisting Building Code, when such buildings or structures are judged by the code official to besafe and in the public interest of health, safety and welfare.102.7 Referenced codes and standards. The provisions of Section 102.4, ReferencedStandards, of 12 DCMR A, shall apply to the Property Maintenance Code and are herebyincorporated by reference.The District of Columbia Property Maintenance Code (2013), referred to as the “Property Maintenance Code,” consists of the 2012 edition of theInternational Property Maintenance Code, published by the International Code Council (ICC), as amended by the District of Columbia PropertyMaintenance Code Supplement (2013) (12 DCMR G). The International Property Maintenance Code is copyrighted by the ICC and therefore isnot republished here. However, a copy of the text may be obtained at: ndex.htm?bu IC-P2012-000006&bu2 IC-P-2012-000019.2013 DISTRICT OF COLUMBIA PROPERTY MAINTENANCE CODE9

Exception: Where enforcement of a Property Maintenance Code provision would violatethe conditions of the listing of the equipment or appliance, the conditions of the listing shallapply.102.8 Matters not covered by the code. Requirements necessary for the strength, stability orproper operation of an existing fixture, structure or equipment, or for the public health, safetyand welfare, not specifically covered by the Property Maintenance Code, shall be determined bythe code official.102.9 Application of references. References to chapter or section numbers, or to provisions notspecifically identified by number, shall be construed to refer to such chapter, section or provisionof the Property Maintenance Code.102.10 Other laws. The provisions of the Property Maintenance Code shall not be deemed tonullify any provisions of local or federal law.102.11 Special flood hazard areas. The storage of equipment or materials that are listed asdangerous materials in 20 DCMR § 3106.2 or that will affect either the base flood elevation orthe floodway in any Special Flood Hazard Area, as delineated on the Federal EmergencyManagement Agency’s Flood Insurance Rate Map for the District (20 DCMR § 3101.2), shall berequired to obtain a building permit from the Department of Consumer and Regulatory Affairs,pursuant to 12 DCMR A § 105, and comply with the requirements of 20 DCMR Chapter 31.103DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS103.1 Department of Consumer and Regulatory Affairs. The provisions of Section 103,Department of Consumer and Regulatory Affairs, of 12 DCMR A, shall apply to the PropertyMaintenance Code and are hereby incorporated by reference.103.2 Liability. The provisions of Section 104.8, Relief from Personal Liability, of 12 DCMRA, shall apply to the Property Maintenance Code and are hereby incorporated by reference.103.3 Fees. The fees for activities and services performed by the Department of Consumer andRegulatory Affairs in carrying out its responsibilities under the Property Maintenance Code shallbe paid in accordance with the applicable fee schedule published in 12 DCMR L as amendedfrom time to time.104DUTIES AND POWERS OF THE CODE OFFICIAL104.1 General. The code official shall enforce the provisions of the Property MaintenanceCode.The District of Columbia Property Maintenance Code (2013), referred to as the “Property Maintenance Code,” consists of the 2012 edition of theInternational Property Maintenance Code, published by the International Code Council (ICC), as amended by the District of Columbia PropertyMaintenance Code Supplement (2013) (12 DCMR G). The International Property Maintenance Code is copyrighted by the ICC and therefore isnot republished here. However, a copy of the text may be obtained at: ndex.htm?bu IC-P2012-000006&bu2 IC-P-2012-000019.2013 DISTRICT OF COLUMBIA PROPERTY MAINTENANCE CODE10

104.1.1 Rulemaking authority. The provisions of Section 104.1.1, Legal Authority, of12 DCMR A, shall apply to the Property Maintenance Code and are hereby incorporatedby reference.104.2 Inspections. The code official shall make all of the required inspections, or shall acceptreports of inspection by agencies or individuals approved by the code official. The code officialis authorized to engage such expert opinion as deemed necessary to report upon unusualtechnical issues that arise, subject to the approval of the appointing authority.104.3 Right of entry. The code official is authorized to enter a structure or premises at allreasonable times to inspect and for the purpose of enforcing the Property Maintenance Code,subject to constitutional restrictions on unreasonable searches and seizures, and subject to theprovisions of this Section. If entry is refused or not obtained, the code official is authorized toobtain an administrative search warrant issued pursuant to D.C. Official Code § 11-941 (2001) orD.C. Superior Court Civil Rule 204 or to pursue any other recourse as provided by law.104.3.1 Right of entry – housing business license property. The code official, bothprior to the issuance of a housing business license and during the license period, may, atall reasonable hours, enter and inspect the premises occupied or to be occupied by ahousing business except as provided in Section 104.3.2104.3.2 Right of entry of housing business license property with tenant. If it appearsthat any portion of a premises is under the exclusive control of a tenant, or if the operatorof a housing business so claims, the code official shall not enter that portion of thepremises without first having obtained permission from the tenant or the tenant’s agent,except as provided in Section 104.3.3.104.3.3 Tenant refusal to permit inspection. If a tenant of a housing business does notgive permission to inspect that portion of the premises under the tenant’s exclusivecontrol, the code official shall not enter that portion of the premises unless the codeofficial has:1.A valid administrative warrant permitting the inspection, issued pursuant to D.C.Official Code § 11-941 (2001) or D.C. Superior Court Civil Rule 204; or2.A reasonable basis to believe that exigent circumstances require immediate entryinto that portion of the premises in order to prevent any imminent danger to thepublic health or welfare.The refusal of any tenant to permit such an inspection shall not result in the revocation orsuspension of the housing business license, nor shall such refusal result in the assessmentThe District of Columbia Property Maintenance Code (2013), referred to as the “Property Maintenance Code,” consists of the 2012 edition of theInternational Property Maintenance Code, published by the International Code Council (ICC), as amended by the District of Columbia PropertyMaintenance Code Supplement (2013) (12 DCMR G). The International Property Maintenance Code is copyrighted by the ICC and therefore isnot republished here. However, a copy of the text may be obtained at: ndex.htm?bu IC-P2012-000006&bu2 IC-P-2012-000019.2013 DISTRICT OF COLUMBIA PROPERTY MAINTENANCE CODE11

of penalties against the operator of a housing business, provided however, that when thecode official presents a valid administrative search warrant that permits inspection ofpremises under a tenant’s exclusive control, the tenant of a housing business who refusesto give permission to inspect that portion of the premises shall be in violation of theProperty Maintenance Code.104.3.4 Refusal to permit inspection. If the owner or operator of a housing business,or agent of such owner or operator, refuses to permit the code official to inspect thepremises occupied or to be occupied by a housing business, such refusal shall be causefor withholding the issuance of a license for those premises until the inspection ispermitted, and/or cause for the revocation of any existing license.104.3.4.1 As a condition of receiving a housing business license under D.C.Official Code § 47-2828 (2005 Repl.), the owner or operator of a housingbusiness must agree to:1.Allow access to the Department for any inspection required under theConstruction Codes; and2.Notify any affected tenant whose unit requires inspection.104.4 Identification. The provisions of Section 104.5, Credentials, of 12 DCMR A, shall applyto the Property Maintenance Code and are hereby incorporated by reference.104.5 Notices and orders. The code official shall issue all necessary notices or orders to ensurecompliance with the Property Maintenance Code.104.6 Department records. The provisions of Section 104.7, Department Records, of 12DCMR A, shall apply to the Property Maintenance Code and are hereby incorporated byreference.104.7 Coordination of inspections. Whenever in the enforcement of the Property MaintenanceCode or another code or ordinance, the responsibility of more than one code official of theDistrict is involved, it shall be the duty of the code officials involved to coordinate theirinspections and administrative orders as fully as practicable so that the owners and occupants ofthe structure shall not be subjected to visits by numerous inspectors or multiple or conflictingorders.105APPROVAL105.1 Modifications. Whenever there are practical difficulties involved in carrying out theprovisions of the Property Maintenance Code, the code official shall have the authority to grantThe District of Columbia Property Maintenance Code (2013), referred to as the “Property Maintenance Code,” consists of the 2012 edition of theInternational Property Maintenance Code, published by the International Code Council (ICC), as amended by the District of Columbia PropertyMaintenance Code Supplement (2013) (12 DCMR G). The International Property Maintenance Code is copyrighted by the ICC and therefore isnot republished here. However, a copy of the text may be obtained at: ndex.htm?bu IC-P2012-000006&bu2 IC-P-2012-000019.2013 DISTRICT OF COLUMBIA PROPERTY MAINTENANCE CODE12

modifications for individual cases upon application of the owner or owner’s representative,provided the code official shall first find that special individual reasons makes the strict letter ofthe Property Maintenance Code impractical, that the modification is in compliance with theintent and purpose of the Property Maintenance Code, and that such modification does notlessen health, life and fire safety requirements or violate District law or regulations. The detailsof any action granting modifications shall be recorded and entered in the Department files.105.2 Alternative materials, methods and equipment. The provisions of Section 104.11,Alternative Materials, Equipment, Methods of Construction and Design, of 12 DCMR A, shallapply to the Property Maintenance Code and are hereby incorporated by reference.105.3 Required testing. Whenever there is insufficient evidence of compliance with theprovisions of the Property Maintenance Code, or evidenc

The District of Columbia Property Maintenance Code (2013), referred to as the “ Property Maintenance Code,” consists of the 2012 edition of the International Property Maintenance Code, published by the International Code Council (ICC), as amended by the District of Columbia Property Maintenance Code Supplement (2013) (12 DCMR G). The International Property Maintenance Code is copyrighted .

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