§ 6–1405.01. Administration of construction regulations.

*NOTE: This section includes amendments by temporary legislation that will expire on November 21, 2024. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*

(a)(1) The Building Code Official is authorized to administer and enforce the provisions of this chapter, including provisions regarding the Construction Codes, building permits, and certificates of occupancy, and all regulations issued pursuant to this chapter.

(2) In regulating and enforcing building permits and certificates of occupancy, the Building Code Official shall require an employer, as that term is defined in § 32-1501(10), to produce proof of Workers’ Compensation insurance coverage before the issuance of a construction permit.

(2A)(A) The Building Code Official shall require, for permits covered pursuant to subparagraph (B) of this paragraph, that the property owner, contractor, or person applying for the permit ("applicant"):

(i)(I) Demonstrate, to the satisfaction of the Building Code Official, that his or her insurance includes coverage against claims for injuries to persons or damages to property from all adjacent and adjoining property owners and lawful occupants of the properties for risks of loss, damage to property, or injury to or death of persons arising out of or in connection with the performance of the work proposed to be performed under the permit.

(II) The insurance shall be in an amount per occurrence and in the aggregate as specified by the Mayor through rulemaking pursuant to subparagraph (D) of this paragraph; or

(ii)(I) If applicant's insurance is not sufficient to meet the requirements of sub-subparagraph (i) of this subparagraph, then the applicant must either amend his or her insurance policy so that the policy complies with sub-subparagraph (i) of this subparagraph or obtain additional insurance against claims for injuries to persons or damages to property from all adjacent and adjoining property owners and lawful occupants of the properties for risks of loss, damage to property, or injury to or death of persons arising out of or in connection with the performance of the work proposed to be performed under the permit.

(II) Additional insurance shall be of a kind and in an amount specified by the Mayor through rulemaking pursuant to subparagraph (D) of this paragraph.

(B) The following permits shall require insurance pursuant to subparagraph (A) of this paragraph; provided, that the requirements shall only apply to permits issued 30 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 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;

(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.

(C)(i) The applicant for a permit for which insurance is required under subparagraph (B) of this paragraph shall:

(I) Submit proof of insurance to the Department before the issuance of the permit;

(II) Demonstrate, on a form promulgated by the Department, that the insurance meets the requirements of subparagraph (A) of this paragraph; and

(III) Maintain the required insurance for the duration of the permit and any renewals of the permit. If the insurance expires, is cancelled, or otherwise terminates, the applicant shall immediately notify the Department, and, when applicable, provide proof of new or renewed insurance that satisfies the requirements of subparagraph (A) of this paragraph.

(ii)(I) If, at any time, the insurance required by this paragraph is found to be absent or non-compliant by the Building Code Official, the Department shall issue a stop work order relating to the permit for which insurance is required.

(II) The stop work order shall remain in place until the permit holder provides proof of new or renewed insurance that satisfies the requirements of this paragraph.

(D) For purposes of this section, the term:

(i) "Adjacent property" means any privately held property (all or a portion thereof) within 30 feet of a property line of the real property for which the permit is applied; provided, that the adjacent property is separated by an alley or public space from the real property for which the permit is applied.

(ii) "Adjoining property" means any privately held real property that shares a property line with real property for which the permit is applied.

(E)(i) The Mayor shall issue rules to implement this paragraph, pursuant to the authority provided in § 6-1409.

(ii) Rules issued pursuant to this subparagraph shall consider current standard construction insurance rates from at least 6 insurance providers licensed and registered with the Department of Insurance, Securities and Banking to determine appropriate rates of insurance for applicable construction permits in subparagraph (B) of this paragraph. Rates collected from providers pursuant to this subparagraph shall be published in the notice of rulemaking.

(3) The Building Code Official shall seek to assure that all buildings, structures, and premises in the District are in full compliance with the Construction Codes adopted pursuant to this chapter and all zoning provisions in subchapter IV of Chapter 6 of this title, and regulations issued pursuant to those acts.

(4) The Building Code Official shall seek to administer all building permits, certificates of occupancy, and other provisions of this chapter and regulations issued pursuant to this chapter in a manner that is fair, efficient, predictable, readily adaptable to new technologies, consumer-oriented, devoid of unnecessary time delays and other administrative burdens, cost-effective, and directed at enhancing the protection of the public health, welfare, safety, and quality of life.

(b)(1) The Building Code Official may enforce the regulations issued pursuant to this chapter by means of covenants or agreements between the Department of Consumer and Regulatory Affairs and an affected party. All such covenants or agreements shall have the prior approval of the Office of the Attorney General for legal sufficiency and comply with all other applicable District and federal laws.

(2)(A) Where the Office of the Attorney General determines that under District law a covenant or agreement may require the review and approval of other District agencies, it shall notify the agencies and establish an inter-agency process for review, and, if required under District law, approval.

(B) The Building Code Official shall coordinate with the Office of the Attorney General relating to the time required for the review and recommendations by the Office of the Attorney General of any covenant or agreement proposed pursuant to this chapter.

(c) The Building Code Official shall have authority over the approval, installation, design, modification, maintenance, testing, and inspection of all new and existing fire protection systems.

(Mar. 21, 1987, D.C. Law 6-216, § 6a; as added Apr. 20, 1999, D.C. Law 12-261, § 3002, 46 DCR 3142; Oct. 1, 2002, D.C. Law 14-190, § 302(b), 49 DCR 6968; Dec. 7, 2004, D.C. Law 15-205, § 1103, 51 DCR 8441; Sept. 24, 2010, D.C. Law 18-223, § 2023, 57 DCR 6242; May 18, 2016, D.C. Law 21-118, § 5(d), 63 DCR 4645; Mar. 22, 2023, D.C. Law 24-339, § 2, 70 DCR 1575; Apr. 10, 2024, D.C. Law 25-155, § 2, 71 DCR 2091.)

Prior Codifications

1981 Ed., § 5-1305.1.

Effect of Amendments

D.C. Law 14-190 added subsecs. (c) and (d).

D.C. Law 15-205, in subsec. (a), substituted “occupancy, the Director shall require an employer, as that term is defined in § 32-1501(10), prior to the issuance of a construction permit to produce proof of Workers’ Compensation insurance coverage. The Director”. for “occupancy, the Director”.

D.C. Law 18-223 added subsec. (e).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of Protecting Adjacent and Adjoining Property Owners from Construction Damage Emergency Amendment Act of 2024 (D.C. Act 25-373, Jan. 25, 2024, 71 DCR 1209).

For temporary (90 day) amendment of section, see § 302(b) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) amendment of section, see § 1103 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 1103 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 203 of Fiscal Year 2010 Balanced Budget Support Emergency Act of 2010 (D.C. Act 18-450, June 28, 2010, 57 DCR 5635).

For temporary (90 day) amendment of section, see § 203 of Fiscal Year 2010 Balanced Budget Support Congressional Review Emergency Act of 2010 (D.C. Act 18-531, August 6, 2010, 57 DCR 8109).

For temporary (90 day) amendment of section, see § 2023 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of Protecting Adjacent and Adjoining Property Owners from Construction Damage Temporary Amendment Act of 2024 (D.C. Law 25-155, Apr. 10, 2024, 71 DCR 2091).

Section 203 of D.C. Law 18-222 added subsec. (e) to read as follows:

“(e) To the extent not authorized by paragraph 7 of the General Expenses titles of An Act making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirteenth, nineteen hundred and ten, and for other purposes, approved March 3, 1909 (35 Stat. 689; D.C. Official Code § 6-661.01), and notwithstanding section 10(a), the Mayor, from time to time, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may establish and revise fees and additional charges regarding the Construction Codes, building permits, and certificates of occupancy, without submission of the proposed rules to the Council for its prior review and approval.”.

Section 2002(b) of D.C. Law 18-222 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Land Use, Development, and Code Enforcement Amendment Act of 1998: Section 3001 of title III of D.C. Law 12-261 provided that this title may be cited as the “Land Use, Development, and Code Enforcement Amendment Act of 1998.”