D.C. Act 25-635. Protecting Adjacent and Adjoining Property Owners from Construction Damage Second Congressional Review Emergency Amendment Act of 2024.
AN ACT
To amend, on an emergency basis, due to congressional review, the Construction Codes Approval and Amendments Act of 1986 to require a property owner, contractor, or person applying for specific permits for construction work to demonstrate that his or her insurance will insure adjacent property owners for loss or damage that arises out of the proposed construction work.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Protecting Adjacent and Adjoining Property Owners from Construction Damage Second Congressional Review Emergency Amendment Act of 2024".
Sec. 2. Section 6a(a)(2A) of the Co-nstruction Codes Approval and Amendments Act of 1986, effective April 20, 1999 (D.C. Law 12-261; D.C. Official Code § 6-1405.01(a)(2A)), is amended as follows:
(a) Subparagraph (B) is amended to read as follows:
"(B) The following permits shall require insurance pursuant to subparagraph (A) of this paragraph; provided, that the requirements shall only apply to permits issued 90 days after the adoption of emergency or final rules issued by the Mayor pursuant to subparagraph (E) of this paragraph:
"(i) An addition, alteration, and repair permit pursuant to which the applicant will be engaging in construction at the property line or on the party wall of an adjacent or adjoining property, or any construction activity for which a permit listed under sub-subparagraph (iii), (iv), (v), (vi), (vii), or (viii) of this subparagraph would otherwise be required;
"(ii) An alteration and repair permit pursuant to which the applicant will be engaging in underpinning, construction at the property line or on the party wall of an adjacent or adjoining property, or any construction activity for which a permit listed under sub-subparagraph (iii), (iv), (v), (vi), (vii), or (viii) of this subparagraph would otherwise be required;
"(iii) A foundation permit;
"(iv) A demolition permit;
"(v) An excavation permit;
"(vi) A new building permit;
"(vii) A raze permit; and
"(viii) A sheeting and shoring permit.".
(b) Subparagraph (D)(i) is amended to read as follows:
"(i) "Adjacent property" means any privately held real property (all or a portion thereof) within 30 feet of a property line of the real property for which the permit is applied.".
(c) Subparagraph (E) is amended to read as follows:
"(E) The Mayor shall issue rules to implement this paragraph, pursuant to the authority provided in
Sec. 3. Applicability date.
This act shall apply as of November 21, 2024.
Sec. 4. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 5. Effective date.
This act shall take effect following approval by the Mayor (or in the event of a veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).
