Bill Summary – FastDemocracy

MURIEL BOWSER

     MAYOR

 5/26/2021

 The Honorable Phil Mendelson

 Chairman, Council of the District of Columbia

 John A. Wilson Building

 1350 Pennsylvania Avenue, NW

 Suite 504

 Washington, DC 20004

 Dear Chairman Mendelson:

 Enclosed for consideration and approval by the Council of the District of Columbia is a proposed

 resolution entitled the Fire Prevention Code Infractions Amendment Approval Resolution of

 2021.

 This resolution will amend Fire Code infractions in Section 3401 of Title 16 to conform to the

 provisionsof the 2017 District of Columbia Construction Codes, which became effective upon

 publication in the District of Columbia Register on May 29, 2020 at 67 DCR 5679-Part 2.

 A Notice of Proposed Rulemaking was published in the April 9, 2021 edition of the District of

 Columbia Register (68 DCR 03810). No public comments were received in response to this

 notice.

 Ifyou have any questions on this matter, please contact Ernest Chrappah, Director, Department

of Consumer and Regulatory Affairs, at (202) 442-8935.

 Enclosures

BIAnVRwNE

                                                                                hairmarf   Phil Mendelson

                                                                              at the request ofthe Mayor

                                             PROPOSED RESOLUTION

   10

   11                          TN THE COUNCIL OF THE DISTRICT OF COLUMBIA

   12

   13,

   14

   15       To approve proposed rules of the Department of Consumer and Regulatory Affairs that would

   16             amend Fire and Emergency Medical Services (EMS) Department Infractions in Chapter 34

   17             ofTitle 16of the District of Columbia Municipal Regulations.

   18

   19              RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

  20        resolution may be cited as the Fire Prevention Code Infractions Amendment Approval

  21        Resolutionof 2021.

  22               Sec. 2. Pursuant to section 104of the Department of Consumer and Regulatory Affairs

  23        Civil Infractions Act of 1985 (D.C. Law 6-42; D.C. Official Code  2-1801.4), the Council

  24        approves the proposed rulemaking by the Department of Consumer and Regulatory Affairs

  25        (DCRA), published in the D.C. Register on April 9, 2021, at 68 DCR 03810, that would

  26        conform Fire Code infractions in Section 3401ofTitle 16 to the provisions of the 2017 District

  27        of Columbia Construction Codes, which became effective upon publication in the D.C. Register

  28        on May 29, 2020 at 67 DCR 5679-Part 2.

  29               Sec. 3. The Council adopts the fiscal impact statement contained in the committee report

  30        as the fiscal impact statement required by section 602(c)(3)ofthe District of Columbia Home

  31        Rule Act, approved December 24, 1973 (87 Stat. 813;    D.C. Official Code  1-206.02(c)(3)).

32          Sec. 4. The Secretary to the Council of the District of Columbia shall transmit a copy of

33   this resolution, upon its adoption, to the Mayor, the Director of DCRA, and the Chairperson of

34   the Construction Codes Coordinating Board.

35          Sec. 5. This resolution shall take effect immediately.

             DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS

                          NOTICE OF PROPOSED RULEMAKII

 The Director of the Department of Consumer and Regulatory Affairs, pursuant to Sections 104

 and 105 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985,

 effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code  2-1801.04 and 2-1801.05), and

 Mayors Order 86-38, dated March 4, 1986, hereby gives noticeof the intent to amend Chapter 34

 (Fire and Emergency Medical Services (EMS) Department Infractions) of Title 16 (Consumers,

 Commercial Practices, and Civil Infractions) of the District of Columbia Municipal Regulations

 (DCMR).

 This rulemaking will conform Fire Code infractions in Section 3401 of Title 16 to the provisions

ofthe 2017 District of Columbia Construction Codes, which became effective upon publication in

 the D.C. Register on May 29, 2020 at 67 DCR 5679-Part 2.

 The Director of the Department of Consumer and Regulatory Affairs also hereby gives notice of

 the intent to take final rulemaking action to adopt this amendment, Pursuant to Section 104ofthe

 Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 (D.C. Law 6-42;

 D.C. Official Code  2-1801.4), a proposed resolution approving the proposed rulemaking will be

 submitted to the Council of the District of Columbia for a thirty (30) day periodofreview, 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 approval of the amendment.

 The process for submitting comments on the proposed rulemaking is detailed on the final page of

 this Notice.

 Title 16 DCMR, CONSUMERS, COMMERCIAL                               PRACTICES      AND       CIVIL

 INFRACTIONS, is amended as follows:

 Chapter 34, FIRE AND EMERGENCY MEDICAL SERVICES (FEMS) DEPARTMENT

 INFRACTIONS, is amended as follows:

 Section 3401, FIRE CODE INFRACTIONS, is amended to read as follows:

 3401          FIRE CODE INFRACTIONS

               The following abbreviations apply to this section:

               IFC- International Fire Code (2015 edition)

               NFPA- National Fire Protection Association

 3401.1        Violation of any of the following provisions shall be a Class 1 infraction:

               (a)    12-H DCMR 102.3.1 (change in occupancy that will subject the structure

                      to special provisionsofthe Fire Code or Building Code without the approval

                     ofthe code official);

(b)   12-H DCMR

              105.1.1 (failure to obtain and maintain required permits on

      the premises, including operational or installation permits as described by

      12-H DCMR  105.1.2 and 105.6);

()   12-H DCMR104.11.6.2 (obstructing operations of the Fire Department

      in connection with extinguishment or control of any fire, or action relating

      to other emergencies);

@     12-H DCMR

              110.1 (failure to remedy hazardous conditions liable to cause

      or contribute to the spread of fire in, or on, the premises, building or

      structure, or endangering life or property);

     IFC  $003.3.1.4 (failure to remedy hazardous conditions arising from

      defective or improperly installed equipment for handling or using

      combustible, explosive or otherwise hazardous materials);

@     IFC  901.6 (failure to inspect, test, or maintain, fire detection, alarm,

      and extinguishing systems, or mechanical smoke exhaust systems in an

      operative condition as required by the Fire Code);

(s)   12-H DCMR  111.1.1 (refusal to leave, or interference with the evacuation

      of other occupants or continuance of any operation after receiving an

      evacuation order);

(h)   12-H DCMR  109.2.4 (failure to comply with a notice of violation issued

      by the code official);

@     IFC  31.2.1 (failure to secure exterior and interior openings of vacant

      premises);

@     IFC  603.4 (failure to prohibit the use of portable unvented heaters or fuel

      fired heating equipment in use groups A, E, I, R-1, R-2, R-3 and R-4);

()    IFC  604.1 (failure to maintain and inspect emergency and standby systems

      in accordance with the Fire Code, NFPA110 and NFPA111);

@     IFC  904.1 (failure to inspect, test and maintain automatic fire-

      extinguishing systems (except sprinkler systems) in accordance with the

      Fire Code and the applicable referenced standards);

(m)   IFC  1004,3 (failure to post occupant load);

()    12-H DCMR 110.1.1 (permitting overcrowding or admitting persons

      beyond the established occupant load);

         (0)    12-H DCMR  5609.1.1.1 (engaging in the manufacturing, possession,

                storage or display, sale, setting off, or dischargeof prohibited fireworks);

         (p)    _12-H DCMR  109.2.6 (tampering, removal, or destroying signs or seals

                posted or affixed by the code official);

         (q)    12-H DCMR  507.5.2 (failure to maintain a fire hydrant in an operative

                condition, periodic testing and maintenance as required);

         ()     IFC  510.6 (Failure to maintain emergency responder radio coverage

                system in operational condition as required by this sectionofthe fire code.);

         (s)    12-H DCMR  1103.6 (failure to install a standpipe system in an existing

                building as required by this section.);

         (t)  12-H DCMR  N106.2 (failure maintain the proper staffing-to-client ratio

               for infants in a home daycare in accordance with this code section); and

         (wu)   12-H DCMR  N106.3 (failure maintain the proper staffing-to-client ratio

                for adults in a home daycare in accordance with this code section).

3401.2   Violationsofanyofthe following provisions shall be a Class 2 infraction:

         (a)    12-H DCMR  308.1.4 (operating charcoal burners and other open-flame

                cooking devices on a balcony or within ten (10) feet of combustible

                construction);

         (b)    IFC  308.2 (failure to obtain a permit for open flame use in an educational

                or assembly occupancy);

         (c) _ IFC  404.2 (failure to prepare and maintain a fire safety and evacuation

               plan in accordance with this section);

         (d)    IFC  405.5 (failure to maintain emergency evacuation drill records);

         () __ IFC  406.3 (failure to ensure employees are provided with fire prevention,

                evacuation and fire safety training);

         (f)    IFC  505.1 (failure to provide approved legible and visible building

                address identification);

         (g) _ IFC  507.5.4 (obstructing fire hydrants, department connections or other

               fire protection system control valves);

         (hy    IFC  907.2.11 (failure to install approved single or multi-station smoke

                alarms in existing dwellings, congregate residences, and hotel and lodging

                house guestrooms);

         @      IFC 1030.1 (failure to maintain emergency escape windows operational).

         @      IFC  403.10.2.2 (failure to prepare, provide, or maintain an Emergency

                Guide for residential apartment buildings and other R2 occupancies in

                accordance with the fire code);

         (k)    12-H DCMR1101.3.1 (Failure to have a life safety evaluation of     an existing or

                newly presented condition in an existing building prepared as ordered by the code

                official in accordance with this section);

         @      12-H DCMR Appendix N,  N103.3 (Installation of improper lock type or

                latches for exits in a home daycare);

         (m)    12-H DCMR Appendix N  N106 (Exceeding maximum number occupants

                allowed to be served in a home daycare in accordance with this code

                section); and

         (a)    12-H DCMR Appendix N  N108.1 (Failure to a fire safety and evacuation plan

                for a home daycare as required in accordance with this section for the fire code).

3401.3   Violation of any of the following provisions shall be a Class 3 infraction:

         @      IEC  605.3 (failure to provide and maintain required clearance in front of

                electrical service equipment);

         0)     IFC 1031.6 (obstructionof egress or exit access visibility by placement of

                furnishing or, other objects, or draperies);

               IFC  906.1 (failure to provide fire extinguishers in required occupancies

                and locations); and

         @      IFC 1030.4 (failure to ensure security bars, grilles and screens over

                emergency escape windows are releasable or removable from the inside

                without the use ofa key or tool).

3401.4   Violationof anyofthe following provisions shall be a Class4 infraction:

         @)     IFC  304.1 (failure to prohibit accumulation of prohibited waste);

         (b)    IFC 310.4 (removing, obscuring, defacing, mutilating or destroying No

                Smoking signs);

               (c)    IFC  807.5.2.2 (failure to limit artwork and teaching material to not more

                      than twenty percent (20%) on walls of corridors in educational

                      occupancies);

               (@)    IFC  806.1.1 (failure to prohibit display of natural cut trees in certain

                      occupancies); and

               () _ IFC 1023.9 (failure to provide stair identification of interior and exterior

                     doors connecting more than three stories).

3401.5         Violation of any provisions of the District of Columbia Fire Code not otherwise

               listed in Section 3401 shall be a Class5infraction.

All persons desiring to comment on these proposed regulations should submit comments in writing

to Jonathan Kuhl,Chief of External Affairs, Department of Consumer and Regulatory Affairs, via

e-mail at Jonathan.Kuhl @de.gov, not later than thirty (30) days after publication of this notice in

the D.C. Register. Persons with questions concerning this Notice of Second Proposed Rulemaking

should call (202) 695-5306. Copies of the proposed regulations can be obtained at

www.deregs.de.gov.

                      GOVERNMENT OF THE DISTRICT OF COLUMBIA

                                 OFFICE OF THE ATTORNEY GENERAL

                                             xk

                                             aaa

Lecat. Counset. Division                     ey

 MEMORANDUM

TO:               Ronan Gulstone

                  Director

                  Office of Legislative Support

 FROM: _ Brian K. Flowers

         Deputy Attorney General

         Legal Counsel Division

DATE:             May 21, 2021

 SUBJECT: Legal Sufficiency Review of Draft Approval Resolution for Proposed

          Rulemaking to Amend Chapter 34ofTitle 16 of the District of Columbia

          Municipal Regulations

          (AR-21-091-B)

 This is to Certify that tis 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.

   BFJapasker

       Brian K. Flowers

  1350 Pennsylvania

          Avenue,NW,Suite409, Washington, DC 20004  Tel: (202) 724-3524 Email: brian flowers@dc gov

                         Government of the District of Columbia

                             Office of the Chief Financial Officer

                                            x *

                                            Eom

                                            =a

 Fitzroy Lee

 Interim Chief Financial Officer

MEMORANDUM

TO:                        The Honorable Phil Mendelson

                           Chairman, Council of the District of Columbia

 FROM:                     Fitzroy Lee

                           Interim Chief Financial Officer                   Lee

DATE:                      May 21,2021

 SUBJECT:                  Fiscal Impact Statement - Fire Prevention Code Infractions

                           Amendment Approval Resolution of 2021

 REFERENCE:                Draft Committee Print as provided to the Office of Revenue Analysis on

                           May 10, 2021

 Conclusion

 Funds are sufficient in the fiscal year 2021 through fiscal year 2024 budget and financial plan to

 implement the resolution.

 Background

 The resolution approves proposed rulemaking! to update Fire and Emergency Medical Services

 infractions? to conform to the already approved Construction Codes Supplement of 20173 The most

 recent construction codes defined the levelsof infractions and fines warranted by specific violations.

      an    Plan Impact

 Funds are sufficient in the fiscal year 2021 through fiscal year 2024 budget and financial plan to

 implement the resolution. This is a technical update to the fire codes to conform to the construction

 codes already in effect.

                                         oD

 216 DCMR 34.

 367 DCR 5679-Part 2, approved May 29, 2020.

               1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476

                                              www.cfo.degov