D.C. Law 23-269. Department of Buildings Establishment Act of 2020.
AN ACT
To establish the Department of Buildings as a subordinate agency within the executive branch of the District of Columbia government with oversight of construction compliance, rental housing safety, and residential property maintenance activities in the District, to enumerate the functions of the Department, to provide for a Director to head the Department, to provide for a Chief Building Official, to provide for a Strategic Enforcement Administrator, to provide for a Zoning Administrator, to provide for the organization of the Department, to require an implementation and transition plan for the establishment of the Department, to provide a timeline wherein the Executive is required to plan and implement establishment of the Department, to require a Strategic Enforcement Plan and prescribe its content, to require an annual Enforcement Report and prescribe its content, to provide rulemaking authority, to amend existing law to conform to the establishment of the Department, and to redesignate the Department of Consumer and Regulatory Affairs as the Department of Licensing and Consumer Protection.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Department of Buildings Establishment Act of 2020".
TITLE I. ESTABLISHMENT OF THE DEPARTMENT OF BUILDINGS
Sec. 101. Definitions.
For the purposes of
(1) "Chief Building Official" or "CBO" means the lead administrator of the Office of Construction and Building Standards, whose appointment is provided for by
(2) "Construction Codes" means all codes as defined in section 101.1 of Title 12A of the District of Columbia Municipal Regulations (12-A DCMR § 101.1).
(3) "Department" means the Department of Buildings established by
(4) "Director" means the director of the Department of Buildings, whose appointment is provided for by
(5) "International Code Council Family of Codes" means the body of standards promulgated by the International Code Council to the extent the standards are adopted by the District of Columbia and codified into the District of Columbia Code of Municipal Regulations.
(6) "Strategic Enforcement Administrator" or "SEA" means the lead administrator of the Office of Strategic Code Enforcement, whose appointment is provided for by
(7) "Zoning Administrator" or "ZA" means the lead administrator for the Office of Zoning Administration, whose appointment is provided for by
Sec. 102. Establishment of the Department of Buildings.
(a) Pursuant to
(b) The Department is charged with promoting the health, safety, and quality of life of residents and visitors in the District of Columbia by reviewing proposed plans for technical sufficiency, issuing permits to ensure competent construction, inspecting the built environment, regulating land use and development, and enforcing the regulations and codes governing building construction, rental housing conditions, building maintenance, building safety, and zoning.
(c) The functions of the Department shall be to:
(1) Ensure that the physical environment and structure of all buildings in the District of Columbia meet all applicable regulations and codes for preservation or for the use to which the space or structure is to be put;
(2) Ensure that the habitability and sanitary condition of all rental housing units in the District of Columbia meet all applicable regulations and codes, except those that are under the exclusive jurisdiction of the United States; and
(3) Ensure that public and private land and structures meet adequate health, safety, and environmental standards.
Sec. 103. Director.
(a) The Director shall manage and administer the Department and all functions and personnel assigned thereto, including the power to redelegate to other employees and officials of the Department such powers and authority as in the judgment of the Director is warranted in the interests of efficiency and sound administration, excluding the ability to alter the duties and functions of the Chief Building Official or the duties and functions of the Strategic Enforcement Administrator.
(b) The Director shall be appointed by the Mayor with the advice and consent of the Council, pursuant to
Sec. 104. Chief Building Official.
(a) There shall be, subordinate to the Director, a Chief Building Official within the Department with primary authority for the administration of and determination of compliance with the Construction Codes and
(b) The Chief Building Official shall be appointed by the Mayor with the advice and consent of the Council, pursuant to
(c) Upon October 1, 2021, the individual then serving in the position of Chief Building Official at the Department of Consumer and Regulatory Affairs ("Incumbent CBO") shall serve as the CBO until the expiry of a 5-year term to be calculated from October 1, 2021. If the Incumbent CBO is unable to serve as CBO, the deputy to the Incumbent CBO shall serve as acting CBO until a new CBO is appointed by the Mayor pursuant to subsection (b) of this section.
(d) The CBO shall have not less than 8 years of senior-level experience in administering building standards and shall have demonstrated, through knowledge and experience, the ability to administer a building standard system of the size and complexity of the responsibilities covered by
(e) The CBO shall serve for one 5-year term and may be reappointed pursuant to subsection (b) of this section.
(f) The CBO shall not be required to resign at the end of a mayoral term or administration.
Sec. 105. Strategic Enforcement Administrator.
(a) There shall be, subordinate to the Director, a Strategic Enforcement Administrator within the Department.
(b) The SEA shall have the following responsibilities:
(1) Developing and implementing strategic and data-driven deployment of the Department's enforcement efforts and advising the CBO and the Chief Inspection Official ("CIO"), provided for in
(2) Monitoring violations to ensure that the CBO and CIO are scheduling timely reinspections and that the appropriate documentation and data are being captured;
(3) If, and when, fines are levied, tracking and enforcing collection of the fines and making referrals to the Office of the Attorney General for the District of Columbia when necessary;
(4) Developing and implementing consistent enforcement procedures and standards in coordination with the CBO and CIO;
(5) Advisory responsibility for managing the assignment of the Department's enforcement staff to ensure enforcement efforts regarding the built environment of the District of Columbia are effectively assigned;
(6) Managing and tracking the enforcement history of individual projects, professionals, and properties to identify repeat violators or trends in construction, housing code, or maintenance violations and developing plans to detect and deter future violations;
(7) Monitoring and tracking the number, type, and severity of violations, abatement history, impact on neighboring properties, previous enforcement actions taken, and the results of such enforcement actions to inform a consistent application of abatement standards; and
(8) General administration of the Department's enforcement efforts.
(c) The SEA shall be appointed by the Mayor with the advice and consent of the Council, pursuant to
(d) The SEA shall serve for one 5-year term and may be reappointed pursuant to subsection (c) of this section.
(e) The SEA shall not be required to resign at the end of a mayoral term or administration.
Sec. 106. Zoning Administrator.
(a) There is established, subordinate to the Director, a Zoning Administrator within the Department with primary authority for the administration of and determination of compliance with the Zoning Regulations of the District of Columbia (11-A DCMR § 100.1 et seq.) ("Zoning Regulations").
(b) The ZA shall be appointed by the Mayor with the advice and consent of the Council, pursuant to
(c) The ZA shall have not less than 8 years of senior-level experience in interpreting and enforcing zoning regulations.
(d) The ZA shall serve for one 5-year term and may be reappointed pursuant to subsection (b) of this section.
(e) The ZA shall not be required to resign at the end of a mayoral term or administration.
Sec. 107. Department organization.
(a) There are established within the Department the following offices and divisions:
(1) The Office of the Director with subordinate staff responsible for:
(A) Human Resources;
(B) Intergovernmental Affairs;
(C) General Counsel;
(D) Communications; and
(E) Technology and Information Services, including the development and maintenance of, in coordination with the Office of the Chief Technology Officer, the systems necessary to enable the efficient and accurate maintenance of digital records management, electronic plan submission, electronic plan review, permit issuance, and enforcement records.
(2) Administrative Services, with subordinate staff responsible for:
(A) Customer Service and Complaint Resolution;
(B) Logistics and Fleet Services, including the management of the equipment necessary to support an inspection workforce that deploys to inspect construction sites in coordination with the subordinate staff responsible for Technology and Information Services;
(C) Risk Management; and
(D) Contracts and Procurement;
(3) The Office of Construction and Building Standards, headed by the CBO, with subordinate staff responsible for:
(A) The Permitting Operations Division, which shall:
(i) Accept permit applications for review and coordinate the review of such applications by the relevant offices and entities;
(ii) Evaluate submitted plans and certify their compliance with the Construction Codes or provide instructions to obtain compliance for non-compliant submissions;
(iii) Issue building permits for private and District construction projects;
(B) The Construction Compliance Division, which shall manage and coordinate revisions to the Construction Codes to meet current demands for adequate and safe construction and the maintenance of new and existing building structures as outlined by the International Code Council Family of Codes;
(C) The Building Inspection Division, which shall:
(i) Inspect commercial buildings;
(ii) Manage permit-related inspection requests;
(iii) Issue citations for violations of the Construction Codes to correct violations; and
(iv) Conduct building and structure assessments for emergency and disaster response in coordination with the Homeland Security and Emergency Management Agency;
(D) Green Building Division, which shall regulate construction relevant to the green codes, which includes
(E) Surveyor's Office, which shall produce and maintain the legal records of all land plats and subdivisions of private and District government property within the District of Columbia;
(F) Third-Party Inspection Program, which shall provide supplemental staff for the Department's plan review and inspection divisions, and shall ensure the suitability and quality of, and authorize private entities to perform, inspections and plan reviews and to certify to the Department that such work complies with the Construction Codes.
(4) The Office of Residential Inspection, headed by a Chief Inspection Official ("CIO"), with subordinate staff responsible for:
(A) Vacant and Blighted Property Division, which shall inspect and classify vacant and blighted buildings;
(B) Rental Housing Inspections Division, which shall protect District tenants by ensuring habitable housing by conducting both proactive and complaint-based residential housing inspections of violations of the Residential Code (12-B DCMR) and the Property Maintenance Code (12-G DCMR);
(C) Housing Rehabilitation Division, which shall:
(i) Abate violations of the Residential Code (12-B DCMR) and the Property Maintenance Code (12-G DCMR);
(ii) Process abatement contracts; and
(iii) Collect unpaid abatement costs;
(5) The Office of Strategic Code Enforcement, headed by the SEA, with subordinate staff responsible for:
(A) Code Enforcement Division, which shall:
(i) Coordinate and monitor enforcement of violations cited by the Department's regulatory programs;
(ii) Work closely with the Office of the Attorney General to compel compliance through judicial orders;
(iii) Conduct compliance surveys; and
(iv) Issue Notices of Infraction for violations;
(B) Civil Infractions and Fine Assessment Division, which shall:
(i) Process all civil infractions with the Office of Administrative Hearings;
(ii) Collect fines; and
(iii) Place property liens for unpaid fines.
(6) The Office of Zoning Administration, headed by the ZA, with subordinate staff responsible for:
(A) Reviewing applications for conformity with the Zoning Regulations of the District of Columbia (11-A DCMR § 100.1 et seq.) ("Zoning Regulations");
(B) Enforcing the Zoning Regulations;
(C) Writing letters of determination or of denial regarding the relevant portions of the Zoning Regulations applicable to specific development proposals; and
(D) Referring applicants to the Board of Zoning Adjustment if they want to seek special exceptions or zoning variances to the ZA's rulings.
Sec. 108. Implementation and Transition Plan.
(a) The City Administrator shall prepare and submit to the Council a comprehensive transition plan and timeline to facilitate the implementation of
(b) The transition plan shall include:
(1) A proposed organizational plan, including an organization chart, which reflects the proposed reporting structure for the Department consistent with
(2) A strategic human capital plan, which identifies the skills and personnel necessary for the functions covered by
(3) A communications strategy, which articulates the methods by which the Executive will share the mission and scope of the Department with the public, stakeholders, and the regulated community, metrics by which to judge the success of the plan, and alternative outreach options to improve success of the plan, due 120 days after October 1, 2021;
(4) A comprehensive document control inventory, which identifies the documents, collateral, and assets that must be revised to reflect the change in responsibility to the Department of Buildings and the change in name of the former Department of Consumer and Regulatory Affairs to the Department of Licensing and Consumer Protection, due 180 days after October 1, 2021;
(5) A business process analysis and reengineering assessment, which identifies the processes by which the Department of Consumer and Regulatory Affairs currently performs each of the functions covered by
(6) An information technology needs assessment, which identifies the resources and tools necessary to enable operations over a single system, or a minimal number of fully integrated systems, facilitate plan review, enforcement, and records management across all relevant review and enforcement agencies, due one year after October 1, 2021.
(c) The timeline shall include progress points by which the Council may track the implementation of
(d) As of October 1, 2021, the Mayor shall provide quarterly updates on the progress of developing the deliverables identified in subsection (b) of this section.
TITLE II. AGENCY PLANNING AND REPORTING REQUIREMENTS
Sec. 201. Strategic Enforcement Plan.
(a) On or before January 1, 2022, and January 1 of every third year thereafter, the SEA shall submit to the Council a Strategic Enforcement Plan that:
(1) Establishes priorities;
(2) Identifies available and needed resources while integrating the Department's enforcement functions; and
(3) Identifies instances in which the Department can leverage the enforcement efforts of sister agencies with which the Department has adjacent, overlapping, or shared authority.
(b) The plan required under subsection (a) of this section shall rely on existing data and industry best practices to determine enforcement priorities for the duration of the plan.
(c) In developing the plan required under subsection (a) of this section, the SEA shall afford great weight to available complaint data and community sentiment.
Sec. 202. Annual Enforcement Report.
(a) On or before January 1, 2023, and January 1 of every year thereafter, the Director shall submit to the Council an annual report detailing the enforcement activities of the Department in the prior fiscal year.
(b) The report required under subsection (a) of this section shall assess the Department's progress against the Strategic Enforcement Plan required under
(c) The report required under subsection (a) of this section shall also include the following data for the prior fiscal year:
(1) Complaint data, detailing the number, type, method, determination of validity, and resolution of complaints received by the Department;
(2) Violation data, detailing the violations identified and cited in the prior fiscal year and their status as abated or unresolved as of the date of the report;
(3) Fine collection data, detailing the dollar value of the fines assessed, dollar value of the fines assessed versus the fines collected, violations for which the fines were issued, and identifying any reduction in fine amount due to an action by an administrative judge to reduce the assessed fine, adverse judgment at an administrative hearing, administrative settlement or dismissal by the Department, or other means resulting in a collection of less than the levied amount, and any fines not yet collected as of the date of the report;
(4) Abatement efficacy, detailing the number and nature of abatement orders, the number of days taken to abate each order, the number of extensions granted by type of abatement order, the justification for each extension, and the location of each abatement order, and its status as abated or unresolved as of the date of the report;
(5) Enforcement escalation data, detailing the number of violations referred to the Attorney General for the District of Columbia, the aggregate dollar amount assessed, and a description of the matters referred; and
(6) Collections escalation data, detailing the number of violations referred to the Central Collections Unit.
TITLE III. AGENCY REDESIGNATION AND TRANSITION
Sec. 301. Redesignation.
(a) The Department of Consumer and Regulatory Affairs shall be redesignated as the Department of Licensing and Consumer Protection.
(b) The following functions and duties shall be transferred to the Department of Buildings by October 1, 2021:
(1) The functions of the Department of Consumer and Regulatory Affairs set forth in section III(A)(4 and 5) and (B)(3, 6 through 11) of Reorganization Plan No. 1 of 1983, effective March 31, 1983; and
(2) The functions and duties set forth in
(c) All staff, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the duties and functions assigned in
(d) Notwithstanding any other law, rule, or regulation,
TITLE IV. RULEMAKING AUTHORITY; SAVINGS CLAUSE
Sec. 401. Rules.
(a) The Mayor, pursuant to
(b) Proposed rules promulgated pursuant to subsection (a) of this section shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day period, the proposed rules shall be deemed to be approved.
Sec. 402. Savings clause.
The rules that any agency, department, or administration, the functions of which are transferred by
TITLE V. CONFORMING AMENDMENTS
Sec. 501. Conforming Amendments.
(a) The District of Columbia Housing Authority Act of 1999, effective May 9, 2000 (D.C. Law 13-105; D.C. Official Code § 6-201 et seq.), is amended as follows:
(1) Section 26 (D.C. Official Code § 6-225) is amended as follows:
(A) Paragraph (5) is amended by striking the phrase "; and" and inserting a semicolon in its place;
(B) Paragraph (6) is amended by striking the period and inserting the phrase "; and" in its place;
(C) A new paragraph (7) is added to read as follows:
"(7) The Department of Buildings.".
(2) Section 26g(b)(2)(M) (D.C. Official Code § 6-232(b)(2)(M)) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(b) The District of Columbia Applications Insurance Implementation Act, effective May 26, 1976 (D.C. Law 1-64; D.C. Official Code § 6-501 et seq.), is amended by adding a new section 6B to read as follows:
"Sec. 6B.
"The Mayor shall delegate the functions enumerated in
(c) Section 5(h) of An Act To regulate the height of buildings in the District of Columbia, approved June 1, 1910 (36 Stat. 452; D.C. Official Code § 6-601.05(h)), is amended by striking the phrase "Office of the Inspector of Buildings of the District of Columbia" and inserting the phrase "Department of Buildings" in its place;
(d) An Act Providing for the zoning of the District of Columbia and the regulation of the location, height, bulk, and used of buildings and other structures and of the uses of land in the District of Columbia, and for other purposes, approved June 20, 1938 (52 Stat. 797; D.C. Official Code § 6-641.01 et seq.), is amended as follows:
(1) Section 8 (D.C. Official Code § 6-641.07) is amended as follows:
(A) Subsection (f) is amended by striking the phrase "Inspector of Buildings" and inserting the phrase "Director of the Department of Buildings" in its place;
(B) Subsection (g)(1) is amended by striking the phrase "Inspector of Buildings" and inserting the phrase "Director of the Department of Buildings" in its place.
(2) Section 10 (D.C. Official Code § 6-641.09) is amended as follows:
(A) Subsection (a) is amended as follows
(i) Strike the phrase "Inspector of Buildings" and insert the phrase "Director of the Department of Buildings" in its place;
(ii) Strike the word "Inspector" and insert the word "Director" in its place;
(iii) Strike the phrase "Corporation Counsel" both times it appears and insert the phrase "Attorney General for the District of Columbia" in its place; and
(B) Subsection (b) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(e) Paragraph 7 of the General Expenses title of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and ten, and for other purposes, approved March 3, 1909 (35 Stat. 689; D.C. Official Code § 6-661.01), is amended by striking the phrase "Inspector of Buildings" both times it appears and inserting the phrase "Director of the Department of Buildings" in its place.
(f) Section 2(a-1)(1) of An Act to create a board for the condemnation of insanitary buildings in the District of Columbia, and for other purposes, approved May 1, 1906 (34 Stat. 157; D.C. Official Code § 6-902(a-1)(1)), is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(g) Section 4(c)(2) of the Foreign-Government-Owned Vacant and Blighted Building Amendment Act of 2018, effective March 22, 2019 (D.C. Law 22-254; D.C. Official Code § 6-1331(c)(2)), is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(h) Section 2 of the Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987 (D.C. Law 6-216; D.C. Official Code § 6-1401), is amended as follows:
(1) Paragraph (1) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(2) Paragraph (6) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(3) Paragraph (7) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(i) The Green Building Act of 2006, effective March 8, 2007 (D.C. Law 16-234; D.C. Official Code § 6-1451.01 et seq.), is amended as follows:
(1) Section 2 (D.C. Official Code § 6-1451.01) is amended as follows:
(A) Paragraph (9) is amended by striking the phrase ""DCRA" means the Department of Consumer and Regulatory Affairs" and inserting the phrase ""DOB" means the Department of Buildings" in its place.
(B) Paragraph (10) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(2) Section 4(b)(1)(A) (D.C. Official Code § 6-1451.03(b)(1)(A)) is amended by striking the abbreviation "DCRA" and inserting the abbreviation "DOB" in its place.
(3) Section 8(b)(2)(A) (D.C. Official Code § 6-1451.07(b)(2)(A)) is amended by striking the abbreviation "DCRA" and inserting the abbreviation "DOB" in its place.
(4) Section 10 (D.C. Official Code § 6-1451.09) is amended as follows:
(A) Subsection (c)(1)(D) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(B) Subsection (h)(2)(C) is amended by striking the abbreviation "DCRA" and inserting the abbreviation "DOB" in its place.
(j) Section 206(b) of An Act To authorize the District of Columbia government to establish an Office of Civil Defense, and for other purposes, effective March 14, 2007 (D.C. Law 16-262; D.C. Official Code § 7-2231.06(b)), is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(k) Section 4a(a)(9) of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code § 8-403.01(a)(9)), is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(l) Section 412(b)(8) of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective April 4, 2001 (D.C. Law 13-275; D.C. Official Code § 9-204.12(b)(8)), is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(m) Title 25 of the District of Columbia Official Code is amended as follows:
(1) Section 25-374(a)(2) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(2) Section 25-791(c)(2) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(3) Section 25-804 is amended as follows:
(A) The section heading is amended by striking the abbreviation "DCRA" and inserting the abbreviation "DLCP" in its place.
(B) Subsection (a) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(n) Title 28 of the District of Columbia Code is amended as follows:
(1) Section 28-3817(e)(1) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(2) Section 28-3901(a) is amended as follows:
(A) Paragraph (8) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(B) Paragraph (9) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(3) Section 28-3902 is amended as follows:
(A) The section heading is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(B) Subsection (a) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(C) Subsection (c) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(D) Subsection (i) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" both times it appears and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(4) Section 28-3905(i)(3)(B) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" wherever it appears and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(5) Section 28-4001(13) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(o) Section 29-102.13(b) of the District of Columbia Official Code is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(p) Section 101(2) of the Short-Term Rental Regulation Act of 2018, effective April 25, 2019 (D.C. Law 22-307; D.C. Official Code § 30-201.01(2)), is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(q) The District of Columbia Public Utility Environmental Impact Statement Requirement Act of 1989, effective October 19, 1989 (D.C. Law 8-45; D.C. Official Code § 34-2601 et seq.), is amended as follows:
(1) Section 2 (D.C. Official Code § 34-2601) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(2) Section 4(b) (D.C. Official Code § 34-2603(b)) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(r) Section 105(b)(4)(E) of the Retail Electric Competition and Consumer Protection Act of 1999, effective May 9, 2000 (D.C. Law 13-107; D.C. Official Code § 34-1505(b)(4)(E)), is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(s) Section 3 of an Act making appropriations for sundry civil expenses of the government for the fiscal year ending June thirtieth, eighteen hundred and eighty, and for other purposes, approved March 3, 1879 (20 Stat. 408; D.C. Official Code § 38-402), is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(t) Chapter 40 of An Act to establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1384; D.C. Official Code § 40-301.01 et seq.), is amended as follows:
(1) Section 1238(b)(7)(A) (D.C. Official Code § 40-301.02(b)(7)(A)(i)) is amended as follows:
(A) Sub-subparagraph (i) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(B) Sub-subparagraph (ii) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(2) Section 1238a(2) (D.C. Official Code § 40-301.03(2)) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(u) Section 3a of the District of Columbia Uniform Conservation Easement Act of 1986, effective March 17, 1993 (D.C. Law 9-233; D.C. Official Code § 42-202.01), is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(v) Section 220(b)(3)(B) of the Condominium Act of 1976, effective March 29, 1977 (D.C. Law 1-89; D.C. Official Code § 42-1902.20(b)(3)(B)), is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(w) Section 2234(3) of the Common Interest Community Repairs Amendment Act of 2018, effective October 30, 2018 (D.C. Law 22-168; D.C. Official Code § 42-2073(3)), is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(x) An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, and for other purposes, approved April 14, 1906 (34 Stat.114; D.C. Official Code § 42-3131.01 et seq.), is amended as follows:
(1) Section 10(a) (D.C. Official Code § 42-3131.10(a)) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(2) Section 18 (D.C. Official Code § 42-3131.18) is amended as follows:
(A) The section heading is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(B) The lead-in language is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(3) Section 19(a) (D.C. Official Code § 42-3131.19(a)) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(y) The Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-10; D.C. Official Code § 42-3501.01 et seq.), is amended as follows:
(1) Section 103(9)(B) (D.C. Official Code § 42-3501.03(9)(B)) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(2) Section 203c(a) (D.C. Official Code § 42-3502.03c(a)) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(3) Section 208 (D.C. Official Code § 42-3502.08) is amended as follows:
(A) Subsection (a)(1)(A) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(B) Subsection (b) is amended as follows:
(i) Paragraph (1) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" wherever it appears and inserting the phrase "Department of Buildings" in its place.
(ii) Paragraph (2) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(C) Subsection (c) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" both times it appears and inserting the phrase "Department of Buildings" in its place.
(4) Section 212(b)(1)(A)(vii) (D.C. Official Code § 42-3502.12(b)(1)(A)(vii)) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(5) Section 222(b)(1)(F) (D.C. Official Code § 42-3502.22(b)(1)(F)) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(6) Section 501(f)(1)(A)(iii) (D.C. Official Code § 42-3505.01(f)(1)(A)(iii)) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(7) Section 505(c) (D.C. Official Code § 42-3505.05(c)) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(8) The lead-in language of section 705 (D.C. Official Code § 42-3507.05) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(z) The Abatement and Condemnation of Nuisance Properties Omnibus Amendment Act of 2000, effective April 27, 2001 (D.C. Law 13-281; D.C. Official Code § 42-3651.01 et seq.), is amended as follows:
(1) Section 502(a)(1) (D.C. Official Code § 42-3651.02(a)(1)) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(2) Section 504(a)(3)(B) (D.C. Official Code § 42-3651.04(a)(3)(B)) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(3) Section 507(a)(2) (D.C. Official Code § 42-3651.07(a)(2)) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(aa) Section 2(5) of the Lease-Purchase Agreement Act of 2002, effective April 13, 2002 (D.C. Law 14-99; D.C. Official Code § 42-3671.01(5)), is amended striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(bb) Title 47 of the District of Columbia Official Code is amended as follows:
(1) Section 47-813(d-1)(5)(A-i) is amended as follows:
(A) Sub-subparagraph (i)(I) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(B) Sub-subparagraph (ii) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" both times it appears and inserting the phrase "Department of Buildings" in its place.
(2) Section 47-895.21(9)(B) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(3) Section 47-1341 is amended as follows:
(A) Subsection (a)(2) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(B) Subsection (b-1)(2) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(4) Section 47-1353.01(b) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(5) Section 47-2844(a-2)(1A) is amended as follows:
(A) Subparagraph (A)(iii)(II) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(B) Subparagraph (E) is amended as follows:
(i) The lead-in language is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(ii) Sub-subparagraph (v) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(6) Section 47-2851.01 is amended as follows:
(A) Paragraph (2) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(B) Paragraph (3) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(C) Paragraph (4) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(7) Section 47-2851.02a is amended as follows:
(A) Subsection (b)(1) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(B) Subsection (c) is amended as follows:
(i) Paragraph (1) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(ii) Paragraph (2) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(8) Section 47-2851.05(a) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(9) The lead-in language of section 47-2853.04(c) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(10) Section 47-2853.76b(a) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(11) Section 47-2853.96(b)(2)(D) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Buildings" in its place.
(12) Section 47-2853.197(34) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(13) Section 47-2855.01 is amended as follows:
(A) Paragraph (2) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(B) Paragraph (3) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(14) Section 47-2866(a)(1) is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
(cc) Section 48-313(h)(3) of the Food Policy Council and Director Establishment Act of 2014, effective March 10, 2015 (D.C. Law 20-191; D.C. Official Code § 48-313(h)(3)), is amended by striking the phrase "Department of Consumer and Regulatory Affairs" and inserting the phrase "Department of Licensing and Consumer Protection" in its place.
TITLE VI. APPLICABILITY; FISCAL IMPACT STATEMENT; EFFECTIVE DATE
Sec. 601. Applicability.
(a)
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan and provide notice to the Budget Director of the Council of the certification.
(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.
(2) The date of publication of the notice of the certification shall not affect the applicability of
Sec. 602. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report 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. 603. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
24, 1973, (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.
