D.C. Mun. Regs. tit. 12, app 12-A-G r. 12-A-G105

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 12-A-G105 - CODE MODIFICATIONS

G105.1

General. The code official shall not grant modifications to any provision in the Construction Codes required in flood hazard areas, including but not limited to provisions of this appendix, unless (1) the code modification complies with the procedures set forth in Section 104.10 of the Building Code; (2) the code modification request has been referred to the Floodplain Administrator for review and recommendation pursuant to 20 DCMR; and (3) after the Floodplain Administrator's review and recommendation, a determination has been made by the code official that all of the following criteria are met:

1. A technical showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards inappropriate.

2. Failure to grant the code modification would result in exceptional hardship by rendering the lot undevelopable.

3. Granting of a code modification will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.

4. The code modification is the minimum necessary to afford relief, considering the flood hazard.

5. The applicant has been provided with written notice by the code official specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property.

Exceptions:

1. No code modifications shall be issued for any proposed development in a floodway if any increase in flood levels would result during the base flood discharge.

2. The code official shall not issue a code modification that affects the base flood elevation without approval of the Floodplain Administrator pursuant to 20 DCMR Chapter 31.

G105.2

Historic Structures. Subject to review and approval by the Floodplain Administrator, the code official shall have authority to issue a code modification for proposed development of a historic structure on a development site located wholly or partially in a flood hazard area, upon the certification of the state historic preservation officer that:

(i) the proposed development will not preclude the structure's continued designation as a historic structure, and

(ii) the code modification is the minimum necessary to preserve the historic character and design of the structure.

G105.3

Functionally dependent facilities. A code modification is authorized to be issued for the construction or substantial improvement of a functionally dependent facility provided the criteria in Section 1612.1 are met and the code modification is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to methods and materials that minimize flood damages during the design flood and create no additional threats to public safety.

D.C. Mun. Regs. tit. 12, app 12-A-G r. 12-A-G105

Final Rulemaking published at 67 DCR 5679 (5/29/2020)