D.C. Mun. Regs. tit. 12, r. 12-A102
Strike Section 102 of the International Building Code in its entirety and substitute new Section 102 in the Building Code in its place to read as follows:
General. The provisions of these regulations shall cover all matters affecting or relating to buildings, other structures, and systems as set forth in Section 101. A building or other structure shall not be constructed, maintained, extended, repaired, removed or altered in violation of these provisions.
Exceptions: The raising, lowering, or moving of a building or other structure as a unit, necessitated by a change in legal grade or widening of a street, shall be permitted provided that the building or other structure is no t otherwise altered, that its use or occupancy is not changed, and that the building or other structure complies with the code provisions originally applicable to the building or other structure.
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 provision of those 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 Board of 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.
Conflicts. Where, in any specific case, different sections of the Construction Codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. When there is a conflict between a general requirement and a specific requirement within the Construction Codes, the specific requirement shall be applicable.
Performance of Work in Public Space. Work performed in public space, not specifically addressed in the Construction Codes, shall conform to the pertinent standards and permitting requirements of the District of Columbia Department of Transportation (DDOT) and of the District of Columbia Water and Sewer Authority (DC Water). See, e.g., 24 DCMR; D.C. Official Code, Title 10, Chapter 11; 21 DCMR; D.C. Official Code § 8-205.
Application of References. Unless otherwise specifically provided in the Construction Codes, all references to article or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such article, section or provision of the Construction Codes.
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 8 of the 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.
Conflicts. If conflict arises between the provisions of 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:
Severability. In the event that any part or provision of the Construction Codes is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions of the Construction Codes.
Severance of Invalid Provisions. Any illegal or void part of the Construction Codes shall be severed from the remainder of the Construction Codes by a court holding such part illegal or void, and the remainder of the Construction Codes shall remain effective.
Decisions Involving Existing Structures. The invalidity of any provision in any section of the Construction Codes as applied to buildings and other structures constructed prior to the effective date of the Construction Codes shall not be held to affect the validity of such section in its application to buildings and other structures erected after the effective date of the Construction Codes.
Applicable Codes. Except as otherwise expressly provided, and without limiting the generality of Section 102.1, the Construction Codes, upon adoption pursuant to Section 122, shall apply to:
Exceptions:
Violations or Infractions. The laws and regulations in force on the date that a new edition of the Construction Codes is adopted pursuant to Section 122 shall apply with respect to violations or infractions committed prior to said date, whether the prosecutions or adjudications of those violations or infractions are begun before or after said date.
D.C. Mun. Regs. tit. 12, r. 12-A102