Bill Summary – FastDemocracy

ENROLLED ORIGINAL

                                           AN ACT

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                   IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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To amend Appendix N of Title 12-A of the District of Columbia Municipal Regulations to ratify

      and adopt certain sign regulations previously issued by the Chairperson of the

      Construction Codes Coordinating Board, the Director of the Department of Consumer

      and Regulatory Affairs, and the City Administrator, to amend An Act To regulate the

      erection, hanging, placing, painting, display, and maintenance of outdoor signs and other

      forms of exterior advertising within the District of Columbia and the Construction Codes

      Approval and Amendments Act of 1986 to clarify the rulemaking process for sign

      regulations, and to clarify the prohibition on off-premises advertising in Appendix N of

      Title 12-A of the District of Columbia Municipal Regulations.

       BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

act may be cited as the “Sign Regulations Amendment Act of 2024”.

        Sec. 2. Adoption of previously promulgated sign regulations.

        (a) The Council hereby amends Appendix N of Title 12-A of the District of Columbia

Municipal Regulations by ratifying and adopting each of the following emergency and final

rules, which are incorporated by reference here:

                (1) The portion of the final rule adopted by the Chairperson of the Construction

Codes Coordinating Board on March 20, 2014, that promulgated Appendix N of Title 12-A of the

District of Columbia Municipal Regulations, which was published in the District of Columbia

Register on March 28, 2014, at 61 DCR 2782, as corrected by errata notices published in the

District of Columbia Register on May 23, 2014, at 61 DCR 5246, and on June 6, 2014, at 61

DCR 5761;

                (2) The portion of the emergency rule adopted by the Chairperson of the

Construction Codes Coordinating Board on May 7, 2014, that amended Appendix N of Title 12A

of the District of Columbia Municipal Regulations, which was published in the District of

Columbia Register on May 9, 2014, at 61 DCR 4760;

                (3) The portion of the emergency rule adopted by the Chairperson of the

Construction Codes Coordinating Board on August 29, 2014, that amended Appendix N of Title

12-A of the District of Columbia Municipal Regulations, which was published in the District of

Columbia Register on August 29, 2014, at 61 DCR 8983;

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                 (4) The portion of the final rule adopted by the Chairperson of the Construction

Codes Coordinating Board on December 15, 2015, that amended Appendix N of Title 12-A of

the District of Columbia Municipal Regulations, which was published in the District of

Columbia Register on January 2, 2015, at 62 DCR 103;

                 (5) The final rule adopted by the Director of the Department of Consumer and

Regulatory Affairs on March 14, 2016, which was published in the District of Columbia Register

on April 22, 2016, at 63 DCR 6082;

                 (6) The emergency rule adopted by the City Administrator on July 12, 2016,

which was published in the District of Columbia Register on August 26, 2016, at 63 DCR 11000;

                 (7) The emergency rule adopted by the City Administrator on November 4, 2016,

which was published in the District of Columbia Register on November 4, 2016, at 63 DCR

13718;

                 (8) The emergency rule adopted by the City Administrator on March 4, 2017,

which was published in the District of Columbia Register on March 3, 2017, at 64 DCR 2407;

                 (9) The final rule adopted by the City Administrator on June 27, 2017, which was

published in the District of Columbia Register on June 30, 2017, at 64 DCR 6105; and

                 (10) The portion of the final rule adopted by the Chairperson of the Construction

Codes Coordinating Board on May 21, 2020 that promulgated Appendix N of Subtitle 12-A of

the District of Columbia Municipal Regulations, which was published in the District of

Columbia Register on May 29, 2020, at 67 DCR 5679.

        (b) Each rule ratified, adopted, and incorporated by reference in subsection (a) of this

section shall apply retroactively to the date that the applicable notice of emergency or final

rulemaking issued by the City Administrator, the Director of the Department of Consumer and

Regulatory Affairs, or the Chairperson of the Construction Codes Coordinating Board indicated

that the rule would take effect, and each such rule shall continue to apply after that date, except

to the extent that:

                 (1) The ratification and adoption of another rule listed in subsection (a) of this

section and made applicable after that date alters or supersedes the text of such rule;

                 (2) A rule duly issued after the effective date of this act alters or supersedes the

text of such rule;

                 (3) Such rule (if an emergency rule) expires pursuant to the terms set forth in the

applicable notice of emergency rulemaking; or

                 (4) Such rule is altered or superseded by the amendment set forth in section 4.

        (c) No criminal penalties may be imposed for an act or omission that predated November

2, 2022, if that act or omission constitutes a violation of law as a result of the retroactive

applicability of a rule ratified and adopted in subsection (a) of this section.

       Sec. 3. Clarification of sign rulemaking procedures.

       (a) Section 1 of An Act To regulate the erection, hanging, placing, painting, display, and

maintenance of outdoor signs and other forms of exterior advertising within the District of

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Columbia, approved March 3, 1931 (46 Stat. 1486; D.C. Official Code § 1-303.21), is amended

as follows:

                (1) Subsection (a) is amended as follows:

                        (A) Strike the phrase “The Mayor shall issue, amend, repeal and enforce

rules governing the hanging, placing, painting, projection, display, and maintenance of signs on

public space, public buildings, or other property owned or controlled by the District and on

private property within public view within the District” and insert the phrase “The Mayor,

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.), shall issue a comprehensive

rulemaking to update the rules governing the hanging, placing, painting, projection, display, and

maintenance of signs on public space, public buildings, or other property owned or controlled by

the District and on private property within public view within the District, and the Mayor may

thereafter amend, repeal, and enforce such rules” in its place.

                        (B) Strike the phrase “The proposed rules” and insert the phrase

“Proposed rules” in its place.

                        (C) Strike the phrase “The rules shall not” and insert the phrase “The

proposed rules shall not” in its place.

                (2) A new subsection (c) is added to read as follows:

        “(c) Until the issuance of a comprehensive final rulemaking pursuant to subsection (a) of

this section, the Mayor may issue rules to update, amend, repeal, and enforce regulations

regarding signs on public space, public buildings, or other property owned or controlled by the

District and on private property within public view within the District pursuant to section 10 of

the Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987 (D.C.

Law 6-216; D.C. Official Code § 6-1409).”.

        (b) The Construction Codes Approval and Amendments Act of 1986, effective March 21,

1987 (D.C. Law 6-216; D.C. Official Code § 6-1401 et seq.), is amended as follows:

                (1) Section 4(b) (D.C. Official Code § 6-1403(b)) is amended by striking the

phrase “interior signs or” and inserting the phrase “signs, advertising devices, and” in its place.

                (2) Section 10(a) (D.C. Official Code § 6-1409(a)) is amended as follows:

                        (A) Strike the phrase “The Mayor may issue proposed rules to amend the

Construction Codes” and insert the phrase “The Mayor may issue rules to amend the

Construction Codes” in its place.

                        (B) Strike the phrase “The proposed rules” and insert the phrase

“Proposed rules” in its place.

                        (C) Strike the phrase “The rules shall not” and insert the phrase “The

proposed rules shall not” in its place.

       Sec. 4. Clarification of the prohibition on off-premises advertising.

       Section N101.6 of Appendix N of Title 12-A of the District of Columbia Municipal

Regulations is amended by striking the phrase “No sign subject to the provisions of Section

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N101” and inserting the phrase “No sign subject to the provisions of Section N101, regardless of

whether a permit is or was required for the erection of the sign and regardless of whether the sign

was subject to the provisions of Section N101 at the time of its erection,” in its place.

       Sec. 5. 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. 6. 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) and 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)).

               ______________________________

               Chairman

               Council of the District of Columbia

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Mayor

District of Columbia

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