MURIEL BOWSER
MAYOR
March 15, 2021
The Honorable Phil Mendelson, Chairman
Council of the District of Columbia
1350 Pennsylvania Ave., NW, Suite 504
Washington, D.C. 20004
Dear Chairman Mendelson:
Enclosed for consideration and approval by the Councilofthe District of Columbia is a proposed
resolution entitled the District of Columbia Construction Codes Amendment Approval Resolution of
2021.
This resolution would approve a proposed rulemaking amending nine subsectionsofthe 2017 District
of Columbia Construction Codes and the District of Columbia Construction Codes Supplements of
2017 (codified in Subtitles A-Lof Title 12 of the District of Columbia Municipal Regulations).
Specifically, it would amend the District of Columbia Building Code Supplement (Title 12-A); the
District of Columbia Residential Code Supplement (Title 12-B); the District of Columbia Electrical
Code Supplement (Title 12-C); the District of Columbia Mechanical Code Supplement (Title 12-E);
the District of Columbia Plumbing Code Supplement (Title 12-F); the District of Columbia Property
Maintenance Code Supplement (Title 12-G); the District of Columbia Fire Code Supplement (Title 12-
H); the District of Columbia Energy Conservation Code Supplement-Residential Provisions (Title 12-
D; and the District of Columbia Existing Building Code Supplement (Title 12-J)..
Specifically, the rulemaking will amend the above sections to make various technical changes and to
clarify interpretationsofthe District regulations, particularly in relation to the relevant model codes.
The proposed rulemaking was published in the D.C. Register on October 23, 2020, at 67 DCR 12438.
One comment was received regarding Table R405.5 in the Energy Conservation Code-Residential
Provisions. In response to this comment, the proposed changes to Table R405.5 have been removed
from the rulemaking,
If you have any questions on this matter, please contact Ernest Chrappah, Director, Department of
Consumer and Regulatory Affairs, at (202) 442-8935.
Sincerely,
tr Ser
Enclsures
SIAR
Chairman Phil Mendelson
at the request of the Mayor
A PROPOSED RESOLUTION
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ca IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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15 To approve the proposed rules of the Department of Consumer and Regulatory Affairs
16 Construction Codes Coordinating Board that would amend provisions in the Building Code
17 Supplement of 2017, the Residential Code Supplement of 2017, the Electrical Code
18 Supplement of 2017, the Existing Building Code Supplement of 2017, the Fire Code
19 Supplement of 2017, the Plumbing Code Supplement of 2017, the Mechanical Code
20 Supplement of 2017, the Energy Conservation Code-Residential Provisions Code
21 Supplementof2017, and the Property Maintenance Code Supplement of 2017 in the
22 District of Columbia Municipal Regulations.
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24 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
25 resolution may be cited as the District of Columbia Construction Codes Amendment Approval
26 Resolution of 2021.
27 Sec. 2. Pursuant to section 10(a) of the Construction Codes Approval and Amendments
28 Act of 1986, effective March 21, 1987 (D.C. Law 6-216; D.C. Official Code 6-1409(a)), the
29 Council approves the proposed rulemaking by the Department of Consumer and Regulatory
30 Affairs, published in the D.C. Register on October 23, 2020, at 67 DCR 12438, that would
31 amend the 2017 Construction Codes by making technical changes and clarifying interpretations
32 ofthe regulations in relation to the relevant Model Codes.
33 Sec. 3. The Council adopts the fiscal impact statement contained in the committee report
34 as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home
35 Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code
1-206.02(c)(3)).
36 Sec. 4. The Secretary to the Council of the District of Columbia shall transmit a copy of
37 this resolution, upon its adoption, to the Mayor, the Directorofthe DepartmentofConsumer and
38 Regulatory Affairs, and the Chairperson of the Construction Codes Coordinating Board.
39 Sec. 5. This resolution shall take effect immediately.
DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS
CONSTRUCTION CODES COORDINATING BOARD
NOTICE OF PROPOSED RULEMAKING
The Chairperson ofthe Construction Codes Coordinating Board (Chairperson), pursuant to the
authority set forth in Section 10 of the Construction Codes Approval and Amendments Act of
1986 (Act), effective March 21, 1987 (D.C. Law 6-216; D.C. Official Code 6-1409 (2018 Repl.
and 2019 Supp.)), and Mayors Order 2009-22, dated February 25, 2009, as amended, hereby
gives notice of the intent to adopt the following amendments to the 2017 District of Columbia
Construction Codes and to the District of Columbia Construction Codes Supplements of 2017
(codified in Subtitles A-L of Title 12 of the District of Columbia Municipal Regulations
(DCMR)).
This proposed rulemaking would revise provisions in the Building Code Supplement of 2017, the
Residential Code Supplement of 2017, the Electrical Code Supplement of 2017, the Existing
Building Code Supplement of 2017, the Fire Code Supplement of 2017, the Plumbing Code
Supplement of 2017, the Mechanical Code Supplementof2017, the Energy Conservation Code-
Residential Provisions Code Supplement of 2017, and the Property Maintenance Code
Supplement of 2017.
To clearly show the changes being made to the 2017 District of Columbia Construction 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
these amendments. Pursuant to Section 10(a) of the Act, the proposed amendments 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 later of thirty (30) days after the date of
publication of this notice in the D.C. Register or Council approvalofthe amendment.
Title 12 DCMR, CONSTRUCTION CODES SUPPLEMENT OF 2017, is amended as
follows:
Subtitle 12-A DCMR, BUILDING CODE SUPPLEMENT OF 2017, is amended as follows:
Chapter 1, ADMINISTRATION AND ENFORCEMENT, is amended as follows:
Section 102, APPLICABILITY, is amended as follows:
Subsection 102.1.1 is amended by inserting a new Exception to read as follows:
102.1.1 Code Precedence. Unless otherwise provided herein, or in the Construction
Codes Act, the Construction Codes shall take precedence over the Construction Codes
Act, and the Construction Codes Supplement shall take precedence over the Model Codes
(as defined in Section 101.1), including standards and amendments.
No provision of the Construction Codes shall be deemed to modify or amend any
provision of the Zoning Regulations of the District of Columbia (11 DCMR), as
amended, or any relief granted or order issued pursuant thereto (collectively, the Zoning
Regulations), nor shall any provisionofthose Zoning Regulations be deemed to modify
or amend any provision of the Construction Codes. Where a provision of the
Construction Codes is deemed to be in conflict with any provision of the Zoning
Regulations, then a waiver of the applicable provision of the Construction Codes must be
sought from the code official, or there must be relief granted pursuant to the applicable
provisions of the Zoning Regulations by the Boardof Zoning Adjustment or as otherwise
provided therein.
Exception: If a conflict arises between the Construction Codes Act and the Construction
Codes, the later adopted provision shall take precedence.
Subsection 102.4.1 is amended to read as follows:
102.4 Referenced Standards. The standards referenced in the Construction Codes and listed in
Chapter 35 of the Building Code, in Chapter 44 of the Residential Code, in Annex A of the
Electrical Code, in Chapter 8 of the Fuel Gas Code, in Chapter 15 of the Mechanical Code, in
Chapter 13 of the Plumbing Code, in Chapter 8ofthe Property Maintenance Code, in Chapter
80 of the Fire Code, in Section 12 of the Energy Conservation Code-Commercial Provisions, in
Chapter 6 [RE] of the Energy Conservation Code-Residential Provisions, in Chapter 16 of the
Existing Building Code, in Chapter 12 of the Green Construction Code, and in Chapter 11 of the
Swimming Pool and Spa Code, shall be considered a part of the requirements of the Construction
Codes to the prescribed extent of each such reference.
102.4.1 Conflicts. If conflict arises between the provisions of the-Cons#ewetion-Codes
Aet-and the Construction Codes_and their Referenced Standards, the provisions of the
Construction Codes shall take precedence. If conflict arises between the Construction
Codes Supplement, the Model Codes (as defined in Section 101.1), and their Referenced
Standards:
1. The provisionsofthe Construction Codes Supplement shall take precedence over the Model
Codes and their Referenced Standards.
2. The provisions of the Model Codes, other than their referenced standards, shall take
precedence over their Referenced Standards.
Section 106, SUBMITTAL DOCUMENTS, is amended as follows:
Subsection 106.2.18.3.1.1 is revised to read as follows:
106.2.18.3.1.1 Required Posting. A notice of the filing of a
permit application within the scope of Section 106.2.18.3 shall be
posted by the applicant on the premises upon which the permit
application seeks authorization to perform the work, and shall
comply with the following conditions:
1. The notice shall be posted for a continuous period of at
least 30 days, including the 30-day period immediately
prior to issuance of the permit.
2. The notice shall be given on a form approved by the code
official and shall be legible from the public way that
provides the main entrance to the premises, as determined
by the code official.
notice The applicant shall maintain the notice by checking
it at least once per week and reposting when necessary.
4p f : .
applicantshallsubmittothe codeofficial aphotographof
thesign after posting, as viewed
by the public, and identi
the exact location and date of posting the sign. The
associated permit(s) shall not be issued without this
photographic evidence.
Section 109, INSPECTIONS, is amended as follows:
Subsection 109.1.4 is amended to read as follows:
109.14 Master Tradesperson to be Onsite During Inspections. The master
tradesperson to whom a trade permit is issued, or the District of Columbia licensed
representative of the master tradesperson, shall be present during after the second
consecutive rejection of the rough-ininspection for the specific scope of work performed
under the trade permit. The-code-offieial-shall-havethe-authority-to-requireAt the
discretionof the inspector, the master tradesperson or his licensed representativeto shall
be present during any the next or subsequentinspectionsof
the-same-work-where-there-is
repeated-non-complianee-with-Construetion-Code-provisions. Nothing shall limit the
code official's authority to require the master tradesperson or his licensed representative
3
to be present for an inspection.
Chapter 2, DEFINITIONS, is amended as follows:
Section 202, GENERAL DEFINITIONS, is amended as follows:
Subsection 202.2 is amended to revise the definition of Underground Garage to read as
follows:
202.2. NEW DEFINITIONS
Revise the definition of Underground Garage in Section 202.2 of the 2017 District of
Columbia Building Code to read asfollows:
UNDERGROUND GARAGE (for purpeses-of Section G105, Appendix G). An enclosed area
that is below grade on all sides and is below the design flood elevation ot base flood elevation
that will be used solely for parking, building access, or storage.
Chapter 27, ELECTRICAL, is being amended as follows:
Section 2702, EMERGENCY AND STANDBY POWER SYSTEMS, is amended as
follows:
Subsection 2702.1 is amended to read as follows:
2702.1.7 Group I-2 Occupancies. In Group I-2 occupancies located in flood hazard areas
established in Section 1612.3, where new essential electrical systems are installed, and where
new essential electrical system generators are installed, the systems and generators shall be
located and installed in accordance with ASCE 24. Where connections for hookup of temporary
generators are provided, the connections shall be located at or above the elevation required in
ASCE 24.
Appendix G, FLOOD-RESISTANT CONSTRUCTION, is amended as follows:
Revise Section G103.8, Appendix G, of the 2017 District of Columbia Buildin; de to read as
follows
G103.8 Records._:The-codeofficial_shall plyLy with th
Jicabl
PPAyholly-or to-pe Fis-and-associated-d jon-related , devel P
partially -within-a-flood-hazard-avea, forth in 12-A-DCMR-S 104-7. The
code official shall retain for a duration no less than that specified in accordance with NFIP
Tequirements the following records related to development on a development site wholly or
partially within a flood hazard area: all permits issued, subdivision applications/approvals,
modifications of the Construction Codes or variances of the Flood Hazard Rule; final inspection
approvals and certificates of occupancy upon project completion. The Floodplain Administrator
shall retain fora duration no less than that specified in accordance with NFIP requirements:
records of FIRMs, FIS, Letters of Map Amendment, Letters of Map Revision; elevation
certificates and floodproofing certificates, and records of any other documentation required b
the Flood Hazard Rules not delegated to the code official for record-keeping.
Strike Section G104.2.1 (13) in Appendix Gofthe 2017District of ColumbiaBuildingCode in its
entirety without substitution.
BA .-code- modification ed Section G10-fe
Subtitle 12-B DCMR, RESIDENTIAL CODE SUPPLEMENT OF 2017, is amended as
follows:
Chapter 3, BUILDING PLANNING, is amended as follows:
Section R303, LIGHT, VENTILATION AND HEATING, is amended as follows:
Subsection R303.4 is amended to read as follows:
303.4 Mechanical ventilation. Each new dwelling unit shall be ventilated by mechanical
means in accordance with Section M1507.3, and shall have at least one opening to the outdoors
for natural ventilation. The minimum openable area to the outdoors shall be 4 percentofthe floor
areaofthe habitable spaces.
Where an existing dwelling unit is undergoing a Level 3 alteration and its air infiltration rate is
less than five air changes per hour when tested with a blower door at a pressure of 0.2 inch water
column (50 Pa) in accordance with Section R402.4.1.2 of the Energy Conservation Code-
Residential Provisions, the dwelling unit shall be ventilated by mechanical means in accordance
with Section 403 of the Mechanical Code.
Wk dwellis is-und Lev l 3-ah ff
Eth set the-unit_ > thedwelli i-shall-be dated. di ithitem4
Chapter 24, FUEL GAS, is amended as follows:
Section G2411 (310), ELECTRICAL BONDING, is amended to read as follows:
G2411 (310) ELECTRICAL BONDING
Strike Sections G2411.1 through G2411.1.1.5 of the International Residential Code in their
entirety and insert new Sections G2411.1 through G2411.3 in their place in the Residential Code
to read as follows.
G2411.1 (310.1) Pipe and tubing other than CSST. Each above-ground portionofa gas piping
system other than corrugated stainless steel tubing (CSST) that is likely to become energized
shall be electrically continuous and bonded to an effective ground-fault current path. Gas piping
other than CSST shall be considered to be bonded where it is connected to an appliance that is
connected to the equipment grounding conductorofthe circuit that supplies that appliance.
G2411.2 (310.2) CSST. This section applies to corrugated stainless steel tubing (CSST) that is
not listed with an arc-resistant jacket or coating system in accordance with ANSI LCI/CSA 6.26.
CSST gas piping systems and piping systems containing one or more segments of CSST shall be
electrically continuous and bonded to the electrical service grounding electrode system or, where
provided, the lightning protection grounding electrode system.
G2411.2.1 (310.2.1) Point of connection. The bonding jumper shall connect to_a
metallic pipe, pipe fitting or CSST fitting.
G2411.2.2 (310.2.2) Size and material of jumper. The bonding jumper shall be not
smaller than 6 AWG copper wire or equivalent.
G2411.2.3 (310.2.3) Bonding jumper length. The length of the bonding jumper between
the connection to a gas piping system and the connection to a grounding electrode system
shall not exceed 75 feet (22 860 mm). Any additional grounding electrodes installed to
meet_this requirement shall _be bonded to the electrical service grounding electrode
system or, where provided, the lightning protection grounding electrode system.
G2411.2.4 (310.2.4) Bonding connections. Bonding connections shall be in accordance
with NFPA 70.
G2411.2.5 (310.2.5) Connection devices. Devices _used_for_making the bonding
connections shall be /isted for the application in accordance with UL 467.
G2411.3 (310.3) Arc-resistant CSST. This section applies to corrugated stainless steel tubing
(CSST) that is listed with an_arc-resistant jacket or coating system in accordance with ANSI
LCI/CSA 6.26. The CSST shall be electrically continuous and bonded to an effective ground
fault current path. Where any CSST componentof a piping system does not have an arc-resistant
jacket or coating system, the bonding requirements of Section G2411.2 shall apply. Arc-resistant
jacketed CSST shall be considered to be bonded where it is connected to an appliance that is
connected to the appliance grounding conductor of the circuit that supplies that appliance.
Chapter 29, WATER SUPPPLY AND DISTRIBUTION, is amended as follows:
Strike Sections 2910, 2911 & 2912ofthe International Residential Code in their entirety and
insert a new Section 2910 in the Residential Code in its place to readas follows:
Section 2910, NONPOTA