D.C. Mun. Regs. tit. 12, r. 12-H102
Strike Section 102 of the International Fire Code in its entirety and insert a new Section 102 in the Fire Code in its place to read as follows:
Buildings and Property. The Fire Code shall be applicable to all premises, and conditions within the limits of the District of Columbia, including premises owned, occupied or controlled by the Government of the District of Columbia or any of its independent agencies.
Foreign Missions. The provisions of the Fire Code shall apply tothose premises, or any portion thereof, occupied by or for any foreign government as an embassy or chancery, to the extent provided for in Section 206 of the Foreign Missions Act, approved August 24, 1982 (96 Stat. 286; D.C. Official Code § 6-1306(g) (2018 Repl.)).
Federal Premises. The Fire Code shall not apply to premises owned by the United States of America. Premises under the exclusive control of an officer of the United States government in his or her official capacity shall be deemed to be owned by the United States of America for purposes of this section, provided that the premises shall not be deemed to be under the exclusive control of an officer of the United States government where (a) the premises (or portions thereof) are leased to the United States of America, but the lessor is responsible for maintenance and repairs to the leased premises; or (b) the premises are owned by the United States of America, but leased to a person or persons other than the United States of America for development pursuant to a long-term ground lease or comparable property interest.
Administrative, Operational and Maintenance Provisions. The administrative, operational and maintenance provisions of the Fire Code shall apply to:
Other Construction Codes Requirements. Except as provided in Section 102.10, nothing in the Fire Code shall negate or modify permit, certificate of occupancy or other applicable requirements set forth in the Construction Codes, including, but not limited to, those set forth in Sections 102.3.1 through 102.3.4.
Change in Use, Load or Floor Layout. Any change in the use, occupancy load or tenant floor layout of any structure or portion thereof shall comply with the applicable provisions of the Construction Codes, including, but not limited to, Section 110.1.3 of Title 12-A DCMR.
Application of Building Code and Existing Building Code. The design and construction of new structures shall comply with the Building Code or Residential Code as applicable. Any alterations, additions, changes in use or occupancy, or changes in structures required by the Fire Code, which are within the scope of the Building Code, or the Existing Building Code, must comply with the Building Code or the Existing Building Code as applicable.
Fire Protection Systems. Where interior or exterior fire protection systems or devices are installed or altered, such systems or devices are subject to the permit application, fire protection documents, inspection and other applicable requirements set forth in Chapter 1 of Title 12-A DCMR.
Application of Property Maintenance Code. Owners and tenants of premises shall also comply with applicable property maintenance provisions as set forth in the Property Maintenance Code.
Application of Fire Code to Structures Subject to the Residential Code. Where structures are designed and constructed in accordance with the Residential Code, the provisions of the Fire Code shall apply as follows:
[Reserved].
Historic Buildings. The provisions of the Fire Code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for historic buildings or structures meeting the requirements of Chapter 12 of the Existing Building Code, when such buildings or structures are judged by the code official not to constitute a distinct hazard to life or property. The code official is authorized to approve a fire protection plan developed in accordance with the provisions of National Fire Protection Association (NFPA) Standard 909 for any designated historic building or structure.
Referenced Codes and Standards. The codes and standards referenced in the Fire Code shall be those that are listed in Chapter 80 of the Fire Code, and such codes and standards shall be considered to be part of the requirements of the Fire Code to the prescribed extent of each such reference. Where differences occur between the provisions of the Fire Code and the referenced standards, the provisions of the Fire Code shall apply.
Subjects Not Regulated by the Fire Code. Where applicable standards or requirements are not set forth in the Fire Code, or are contained within other laws, codes, regulations or ordinances adopted by the District of Columbia, compliance with applicable standards of the National Fire Protection Association (NFPA) or other nationally recognized fire safety standards, as approved by the code official, shall be deemed as prima facie evidence of compliance with the intent of the Fire Code. Nothing herein shall derogate from the authority of the code official to determine compliance with codes or standards for those activities or installations within the code official's jurisdiction or responsibility.
Matters Not Provided For. Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, which are not specifically provided for by the Fire Code, shall be determined by the code official.
Code Precedence. Unless otherwise provided herein, or in the Construction Codes Act (as defined in Section 202.2 of the Building Code), 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 of the Building Code), including standards and amendments.
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.
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, and their referenced standards:
Other Laws. The provisions of this Fire Code shall not be deemed to nullify any provisions of District or federal law.
Application of References. References in this Chapter 1 to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of the Fire Code.
Flood Hazard Areas. The storage in a flood hazard area of equipment or materials that are listed as dangerous materials in 20 DCMR § 3106.2, shall comply with the requirements of the Floodplain Management Regulations of the District of Columbia.
Private Fire Hydrants. The installation, maintenance, repair and replacement of private fire hydrants shall comply with the provisions of the Private Fire Hydrant Act of 2010, effective March 31, 2011 (D.C. Law 18-337; D.C. Official Code §§ 34-2410.01et seq. (2012 Repl.)) ("Private Fire Hydrant Act").
D.C. Mun. Regs. tit. 12, r. 12-H102