Chapter 7. Repairs and Improvements of Public Buildings.

Subchapter I. General.

§ 10–701. District of Columbia Leasing Fees Working Fund. [Repealed]

Repealed.

(July 1, 1954, 68 Stat. 393, ch. 449, § 5; July 23, 1959, 73 Stat. 238, Pub. L. 86-104, § 15; Apr. 8, 1960, 74 Stat. 30, Pub. L. 86-412, § 15; Oct. 20, 2005, D.C. Law 16-33, § 1031, 52 DCR 7503; Sept. 24, 2010, D.C. Law 18-223, §§ 1002, 1012, 57 DCR 6242; Sept. 14, 2011, D.C. Law 19-21, § 9019, 58 DCR 6226.)

Prior Codifications

1981 Ed., § 9-301.

1973 Ed., § 9-501.

Emergency Legislation

For temporary (90 day) amendment of section, see § 1031 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 102 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 § 102 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 §§ 1002 and 1012 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Temporary Legislation

Section 102 of D.C. Law 18-222 substituted “Fund; provided, that the income received from the lease of the Washington Center for Aging Service building and property, located at 2601 18th Street, N.E., shall be deposited in, and credited to the unrestricted fund balance of, the General Fund of the District of Columbia” for “Fund”.

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

Short title of subtitle G of title I of Law 16-33: Section 1030 of D.C. Law 16-33 provided that subtitle G of title I of the act may be cited as the Leasing Fees Working Fund Amendment Act of 2005.

Short title: Section 1001 of D.C. Law 18-223 provided that subtitle A of title I of the act may be cited as the “Lease Income from Former School Buildings Authorization Amendment Act of 2010”.

Short title: Section 1011 of D.C. Law 18-223 provided that subtitle B of title I of the act may be cited as the “Washington Center for Aging Services Lease Income Amendment Act of 2010”.

References in Text

The Department of Buildings and Grounds was replaced by the Department of General Services by Commissioner’s Order 69-96, dated March 7, 1969.

The functions of the Department of General Services were transferred, in part, to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984, and transferred, in part, to the Department of Administrative Services by Reorganization Plan No. 5 of 1983, effective March 1, 1984.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 10–702. Inspection of public buildings for lead paint — Required.

(a) The Mayor of the District of Columbia is hereby authorized and directed to inspect for the presence of lead paint in all public buildings and publicly-operated residences belonging to or in the possession of the District of Columbia and regularly frequented by children under 8 years of age. Where there are reasonable grounds to believe that a lead-based paint hazard exists to the health of such children, because of the presence of lead or lead compounds in the paint, plaster, or structural materials of any such interior surface, the Mayor shall cause an analysis to be made of the paint, plaster, or structural materials of the interior structure to determine the quantity of lead or lead compounds contained in the material. If the analysis reveals the presence of lead-based paint hazards, as identified by the United States Environmental Protection Agency in 40 C.F.R. § 745.65(a) through (c), the Mayor shall cause the lead condition to be repaired or controlled; provided, that the repairs and controls shall be of a sufficient quality to equal or exceed that required of private housing located in the District of Columbia pursuant to regulations promulgated with respect to housing in the District of Columbia.

(b) When an inspection mandated by subsection (a) of this section indicates the necessity for a repair, the repair shall begin not later than 10 days after the inspection.

(c) All inspections mandated by subsection (a) of this section shall be commenced within 180 days after October 26, 1977.

(Oct. 26, 1977, D.C. Law 2-28, § 2, 24 DCR 3721; Apr. 12, 2005, D.C. Law 15-347, § 3, 52 DCR 2627.)

Prior Codifications

1981 Ed., § 9-302.

1973 Ed., § 9-502.

Section References

This section is referenced in § 10-703.

Effect of Amendments

D.C. Law 15-347 rewrote subsec. (a) which had read as follows: “(a) The Mayor of the District of Columbia is hereby authorized and directed to inspect for the presence of lead paint in all public buildings and publicly-operated residences belonging to or in the possession of the District of Columbia and regularly frequented by children under 6 years of age. Where there are reasonable grounds to believe that a hazard exists to the health of such children because of the presence of lead or lead compounds in the paint, plaster, or structural materials of any such interior surface, the Mayor shall cause an analysis to be made of the paint, plaster, or structural materials of the interior structure to determine the quantity of lead or lead compounds contained in the material. If the analysis reveals the presence of lead or lead compounds in a quantity in excess of 1 milligram per square centimeter of surface or in a quantity otherwise sufficient to constitute a hazard to the health of any user of the building, the Mayor shall cause the lead condition to be repaired; provided, that the repairs shall be of a sufficient quality to equal or exceed that required of private housing located in the District of Columbia pursuant to regulations promulgated with respect to housing in the District of Columbia.”

Cross References

Lead-based paint activities in the District, inspections by the Mayor pursuant to Lead-Based Paint Abatement and Control Act of 1996, see § 8-115.09.

New Implementing Regulations

New implementing regulations: Pursuant to this section, the following new regulations were adopted in 1983: The “Lead-Based Paint Poisoning Prevention Act of 1983” (D.C. Law 5-35, Oct. 8, 1983, 30 DCR 4156).

§ 10–703. Inspection of public buildings for lead paint — Appropriations.

(a) There is hereby authorized to be appropriated from the funds available to the government of the District of Columbia in the budget an amount not to exceed $1,120,000 for the fiscal year commencing on October 1, 1978, to carry out the purposes of this section and § 10-702; provided, however, that grant funds available to the government of the District of Columbia may be expended to carry out the purposes of this section and § 10-702 without regard to any limitation in this section.

(b) In each fiscal year commencing on or after October 1, 1979, $50,000 are authorized to be appropriated to carry out this section and § 10-702; provided, that authorization is hereby granted to expend funds in any fiscal year commencing on or after October 1, 1979, up to the amount authorized in subsection (a) of this section but not appropriated in the fiscal year commencing on October 1, 1978.

Subchapter II. Environmental Assessment of Public Buildings.

§ 10–711. Definitions.

For the purposes of this subchapter, the term:

(1) "DGS" means the Department of General Services.

(1A) "Construction" means the building, modernization, or renovation of District facilities; except, that the term "construction" does not include modernization or renovation projects that do not rise to the level of a substantial renovation, as defined in paragraph (5A) of this section.

(2) "Hazardous waste" shall have the same meaning as provided in § 8-1302(2).

(3) "Minimum risk pesticides" means pesticide products listed in 40 C.F.R. § 152.25(f).

(4) "Organic pesticides" means pesticides including no active ingredients other than those published in the National List at 7 C.F.R. §§ 205.601 and 205.606.

(5) "Public building" means any building owned by the District of Columbia where people regularly occupy the building, including assembly spaces, places of employment and education, child and adult care facilities, health care centers, foster care facilities, and homeless shelters.

(5A) Repealed.

(6) "Toxic chemical" shall have the same meaning as provided in § 8-1302(6A).

§ 10–712. Assessments of public buildings for environmental risks.

(a) DGS shall assess each public building every 10 years, at a minimum, for the following to identify environmental risks:

(1) Indoor air quality;

(2) Outdoor air quality;

(3) Ventilation and temperature control;

(4) Mold or mildew;

(5) Pests;

(6) The use of any pesticides that are not minimum risk pesticides or organic pesticides;

(7) Toxic chemicals and hazardous waste;

(8) Asbestos;

(9) Lead-based paint;

(10) Lead in drinking water;

(11) Radon;

(12) Carbon monoxide;

(13) Groundwater quality;

(14) Dust;

(15) Gas and diesel emissions;

(16) Polychlorinated biphenyls; and

(17) Volatile organic compounds.

(b) For each assessment listed in subsection (a) of this section, DGS shall establish protocols, in coordination with the Department of Energy and Environment and the Department of Health, by which DGS shall conduct the assessments required by subsection (a) of this section. The protocols shall describe, at a minimum:

(1) The frequency and methods of assessment;

(2) The threshold levels at which remediation measures shall be taken; and

(3) The remediation and public disclosure measures that shall be taken when an assessment reveals levels that exceed a threshold level established pursuant to paragraph (2) of this subsection.

(b-1) If DGS determines that any of the environmental risks listed in subsection (a) of this section are potential hazards at a publicly owned site that is undergoing or will undergo demolition, construction, or excavation:

(1) DGS shall promptly take any steps necessary to safeguard the public from those potential hazards and as soon as practicable conduct appropriate assessments to determine whether each environmental risk exceeds the threshold level established under subsection (b)(2) of this section and publish the complete results of that testing on the DGS website within 10 business days of receiving the test results; and

(2) If test results are found to be in excess of a threshold level established under subsection (b)(2) of this section, DGS shall:

(A) Effectively isolate the area where the environmental risk is located to safeguard the public until effective remediation occurs;

(B) Within 10 business days of receiving the test results, provide any impacted Advisory Neighborhood Commission with and publish on the DGS website a notice of potential environmental risks that includes:

(i) The potential environmental risks found;

(ii) The full testing results for each of those environmental risks;

(iii) The threshold levels at which remediation measures for that risk will be taken; and

(iv) The planned timeline for remediation.

(C) Coordinate with other relevant agencies to conduct a public meeting to share the assessment results with the affected community within 20 business days; and

(D) Repeat the appropriate testing after remediation measures have been taken until the environmental conditions identified do not exceed established threshold levels.

(c) Protocols already in existence for an assessment described in subsection (a) of this section may serve as the protocol for the relevant assessment under subsection (b) of this section if the protocol meets the requirements of subsection (b) of this section.

(d) DGS shall make available online:

(1) The protocols established pursuant to subsection (b) of this section, including any updates to the protocols;

(2) By September 30, 2017, user-friendly information about the assessments described in subsection (a) of this section for each public building, including:

(A) If an assessment found an exceedance of a threshold established under subsection (b) of this section, a brief explanation of plans for remediation;

(B) Whether DGS is complying with the protocols for each assessment; and

(C) If DGS is not complying with a protocol for an assessment, a brief explanation of its plans to come into compliance with the protocols.

(d-1) DGS shall publish online and submit to the Council an annual report by July 1st of each year that describes, for each publicly owned site that has underwent or is undergoing demolition, excavation, or construction during the reporting period, at a minimum:

(1) Any potential hazards identified at each site;

(2) The testing methods employed to assess whether the conditions pose an environmental hazard;

(3) The test results for each potential hazard identified;

(4) The threshold levels at which remediation measures will be taken;

(5) Any remediation measures taken; and

(6) How testing results and remediation strategies have been communicated to the public.

(e)(1) By September 30, 2017, DGS shall submit a report to the Council describing its compliance with this subchapter.

(2) By September 30, 2018, DGS shall submit another report to the Council describing its compliance with this subchapter.

(Apr. 1, 2017, D.C. Law 21-237, § 3, 64 DCR 1585; Mar. 16, 2021, D.C. Law 23-233, § 2(b), 68 DCR 001128; Sept. 21, 2022, D.C. Law 24-167, § 1032(b), 69 DCR 009223.)

Applicability

Section 7136 of D.C. Law 24-167 amended section 4 of D.C. Law 23-233 removing the applicability provision impacting this section. Therefore the amendment of this section by section 2(b) of Law 23-233 adding subsection (b-1) has been implemented.

Applicability of D.C. Law 23-233: § 4 of D.C. Law 23-233 provided that the change made to this section by § 2(b) of D.C. Law 23-233 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1032(b) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).

Subchapter III. School and Park Facilities and Grounds 311 System.

§ 10–721. School and Park Facilities and Grounds 311 Expansion.

(a) Within 180 days after October 30, 2018, the Mayor shall permit persons to submit requests via the District's 311 system for repairs and other maintenance services at Department of Parks and Recreation and District of Columbia Public Schools facilities and grounds that are maintained by the Department of General Services.

(b) Beginning October 1, 2023, in addition to the service requests under subsection (a) of this section, the Mayor shall permit persons to submit requests via the District's 311 system to address broken equipment, grounds maintenance, and overflowing recycling at Department of Parks and Recreation and District of Columbia Public Schools facilities and grounds that are maintained by the Department of General Services.

Subchapter IV. Online permitting for school facilities.

§ 10–722. Online permitting for school facilities.

(a) Within 180 days after October 30, 2018, the Mayor shall allow individuals and entities to apply online for a permit to use school facilities.

(b) For the purposes of this section, the term "school facilities" means fields, playgrounds, gymnasiums, multipurpose rooms, and other areas under the control of the District of Columbia Public Schools.