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, 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.”.

                                                                       ENROLLED ORIGINAL

         (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 section 10.”.

       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)).

               ______________________________

               Chairman

               Council of the District of Columbia

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Mayor

District of Columbia