MURIEL BOWSER
MAYOR
10/15/2020
The Honorable Phil Mendelson, Chairman
Councilof the District of Columbia
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for consideration and approval by the Councilof the District of Columbia is a proposed
resolution entitled the Construction Codes Flood Hazard Amendment Approval Resolution of 2020.
This resolution will approve proposed amendments to Appendix G (Flood-Resistant Construction) of
the 2017 District of Columbia Building Code (Title 12-Aof the District of Columbia Municipal
Regulations). Specifically, the amendments will conform Appendix G to Federal Emergency
Management Agency requirements for participation in the National Flood Insurance Programand
clarify the applicationofand relationship between flood-resistant construction rules issued by the
Department ofConsumer and Regulatory Affairs and flood resilience rules issued by the Department of
Energy and Environment.
If you have any questions on this matter, please contact Ernest Chrappah, Director, Department of
Consumer and Regulatory Affairs, at (202) 442-8935.
Sincerely,
Mariel Bwser
Enclosures
wre
frairman Phil Mendelson
at the request of the Mayor
PROPOSED RESOLUTION
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA.
To approve proposed rulesofthe Department of Consumer and Regulatory Affairs
Construction Codes Coordinating Board that would amend Title 12 of the District
of Columbia Municipal Regulations to improve flood hazard safety.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That
this resolution may be cited as the Construction Codes Flood Hazard Safety Amendment
16 Approval Resolution of 2020.
17 Sec. 2. Pursuant to section 10(a) of the Construction Codes Approval and
18 Amendments Act of 1986, effective March 21, 1987 (D.C. Law 6-216; D.C. Official
19 Code 6-1409(a)), the Councilofthe District of Columbia approves the proposed
20 rulemaking by the Department of Consumer and Regulatory Affairs (*DCRA),
published in the D.C. Register on August 28, 2020, at 67 DCR 10405, that would amend
22 Appendix G (Flood-Resistant Construction)ofthe 2017 District of Columbia Building
23 Code (Title 12-Aofthe District of Columbia Municipal Regulations). Specifically, the
24 rulemaking would amend sections G101.2 and G802 to conform to Federal Emergency
25 Management Agency requirements for participation in the National Flood Insurance
26 Program and clarify the application ofand relationship between flood-resistant
27 construction rules issued by DCRA and flood resilience rules issued by the Department
28 ofEnergy and Environment.
29 Sec. 3. The Secretary to the Council of the District ofColumbia shall transmit a
30 copy of this resolution, upon its adoption, to the Mayor, the Director of DCRA, and the
31 Chairperson of the Construction Codes Coordinating Board.
32 Sec. 4. This resolution shall take effect immediately.
 DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS
CONSTRUCTION CODES COORDINATING BOARD
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The Chairperson of the Construction Codes Coordinating Board (Chairperson), pursuant to the
authority set forth in Section 10of the Construction Codes Approval and Amendments Actof 1986
(Act), effective March 21, 1987 (D.C. Law 6-216; D.C. Official Code 6-1409) and Mayor's
Order 2009-22, dated February 25, 2009, as amended, hereby gives notice of the intent to amend
Title 12 (D.C. Construction Codes Supplement of 2017) of the District of Columbia Municipal
Regulations (DCMR).
This emergency rulemaking proposes amendments to provisions in the 2017 District of Columbia
Building Code (Title 12-A DCMR) to address flood hazard concerns that were raised after
conclusion of the code development cycle. Specifically, these amendments will revise the Flood
Hazard Rules, set forth in AppendixGof the Building Code, to comply with FEMA and National
Flood Insurance Program requirements and to provide consistency and clarity for the regulated
community.
This emergency rulemaking is necessary to protect the health, safety, and well-beingofthe District
of Columbia because it is critically important that the District is able to participate in the National
Flood Insurance Program (NFIP) to maintain eligibility for federal flood insurance and disaster
assistance. In order to continue to qualify for NFIP participation, the District must update its flood
hazard regulations in accordance with direction from FEMA.
This emergency rulemaking was adopted on August 12, 2020, to become effective immediately.
This emergency rulemaking will remain in effect for up to one hundred twenty (120) days from
the date of effectiveness and will expire on December 10, 2020.
To clearly show the changes being made to the Codes, additions are shown in underlined text and
deletions are shown in strikethrough text.
The process for submitting comments on the proposed rulemaking is detailed on the final page of
this Notice.
The Chairperson also hereby gives noticeofthe intent to take final rulemaking action to adopt this,
amendment. Pursuant to Section 10(a) of the Act, the proposed amendment will be submitted to
the Council of the District of Columbia for a forty-five (45) day period of review, and final
rulemaking action will not be taken until the laterofthirty (30) days after the date of publication
of this notice in the D.C. Register or Council approval of the amendment.
The 2017 District of Columbia Building Code, Title 12-A DCMR, is amended to revise
Appendix G, as follows:
APPENDIX G FLOOD-RESISTANT CONSTRUCTION
Revise Section G101.2of Appendix Gofthe 2017 District of Columbia Building Code to read as
follows:
G101.2 Floodplain Management Regulations of the District of Columbia. The flood-resistant
construction provisions of the Construction Codes, including this appendix, in combination with
the Department of Energy and Environment (DOEE)s flood resilience rules, set forth in Title 20,
Chapter 31ofthe District of Columbia Municipal Regulations (DCMR) (DOEE Flood Resilience
Rules), and Section 6-502 of the D.C. Official Code (2018 Repl.), comprise the Floodplain
Management Regulations of the District of Columbia. The Floodplain Administrator retains all
floodplain management responsibilities that are not assigned to the code official.
Insert a new Section G101.2.1 in Appendix G to the 2017 District of Columbia Building Code to
read as follows:
G101.2.1 Conflict between DOEE Flood Resilience Rules and Flood-Resistant Construction
Provisions of the Construction Codes. The _flood-resistant_construction provisions of the
Construction Codes, including but not limited to those set forth in Chapter 1 and Appendix G of
the Building Code, are intended to meet requirements necessary for the District of Columbia to
participate in the National Flood Insurance Program, and shall take precedence over any provisions
in Title 20, Chapter 31 of the DCMR that apply to proposed development of a development site
located wholly or partially within a flood hazard area that is within the scope of Appendix G,
except to the extent that Appendix G requires the code official to seek review, approval and/or
involvement by the Floodplain Administrator. Floodplain management responsibilities delegated
by Appendix G to the building code official, include, but are not limited to, permitting of work in
lood hazard areas and inspection of work in flood hazard areas for whi its have been
issued.
G802 MIXED-USE BUILDINGS
02.4ofAppendixGof the 2017District of Columbia Buildin,
toread
asfollows:
802.3 Non-residential portion, The lowest floor of the non-residential portion of any new
construction of, orsubstantial improvement to, a mixed-use building located on a development site
wholly or partially within aflood hazard area shall either be at or above the designflood elevation,
or be designed and constructed to be dry floodproofed during any flood up to the design flood
elevation
802.4 Ancillary residential use portion. The lowestfloor ofthe ancillary residential use portion
of any new construction of, or substantial improvement to, a mixed-use building located on a
development site wholly or partiallywithin a flood hazard area shall either be at or above the
design flood elevation--or-be-desi d-1o-be-wet fleodproofed-during-any-flood
up-to-thedesign lood-elevation.
All persons desiring to comment on these proposed regulations should submit comments in
writing to Danielle Gurkin, Chairperson, Construction Codes Coordinating Board, Department of
Consumer and Regulatory Affairs, 1100 Fourth Street, SW, Room 5100, Washington, D.C.
20024, or via e-mail at cccbchair.dcra@dc.gov, not later than thirty (30) days after publication of
this notice in the D.C. Register. Persons with questions concerning this Notice of Emergency and
Proposed Rulemaking should contact Danielle Gurkin via e-mail at cccbchair.dcra@dc.gov or by
telephone at (202) 899-3597. After publication in the D.C. Register, free copiesofthe proposed
tules are available on the websiteof the Office of the Secretary of the District of Columbia,
Office of Documents and Administrative Issuances at https://www.deregs.dc.gov/ or can be
obtained from the e-mail address listed above.
 GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICEOF THE ATTORNEY GENERAL
week

LEGALCounset Diviston a
MEMORANDUM
TO: Ronan Gulstone
Director
Office of Legislative Support
FROM: _ Brian K. Flowers
Deputy Attorney General
Legal Counsel Division
DATE: October 14, 2020
SUBJECT: Legal Sufficiency Reviewof Draft Approval Resolution for Proposed
Rulemaking to Amend AppendixG (Flood-Resistant Construction) of Title
12-A of the District of Columbia Municipal Regulations
(AR-20-227-B)
This is to Certify that tnis oftice nas reviewed the above-referenced
legislation and has found it to be legally sufficient. If you have questions regarding this
certification, please do not hesitate to contact me at 724-5524.
Buan 6. Flows
Brian K. Flowers
1350 Pennsylvania Avenue, NW,Suite 409, Washington, DC 20004 Tel: (202) 724-5524 Email: brianflowers@de.gov