D.C. Mun. Regs. tit. 12, r. 12-H108

Current through Register Vol. 71, No. 50, December 13, 2024

Rule 12-H108 - APPEALS

Strike Section 108 of the International Fire Code in its entirety and insert a new Section 108 in the Fire Code in its place to read as follows:

108.1

Right of Appeal. Any person directly affected by a notice or order issued under this Fire Code shall have the right to appeal to the Office of Administrative Hearings, pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code §§ 2-1831.01et seq. (2016Repl. & 2019 Supp.)) and regulations promulgated thereunder. The appeal shall be filed within 15 days of the date of service of the notice or order. An appeal shall be based on a claim that the Fire Code has been incorrectly interpreted by the code official, the provisions of the code do not fully apply, or the requirements of the Fire Code are adequately satisfied by other means.

Notwithstanding the foregoing, OAH review of a notice or order to close or vacate a residential premises issued pursuant to Section 110 shall be based solely on the issue of whether the premises are unsafe or unfit for occupancy requiring a building closure under the provisions of Section 110 of the Fire Code. OAH review of a notice or order to close or vacate a residential premisesissued pursuant to Section 111 shall be based solely on the issue of whether the code official's building closure decision was arbitrary and capricious.

108.1.1

Expedited OAH hearing for Section 110 closure orders. Where a notice or order to close or vacate a building with rental units is issued pursuant to Section 110, a

tenant or occupant of a rental unit affected by the notice or order has a right to request an expedited hearing by OAH prior to the closure subject to the following requirements:

1. The tenant or occupant shall file the request for an expedited hearing with OAH no later than the date specified in the closure order for tenants or occupants to vacate the structure or unit;

2. OAH review shall be based solely on the issue of whether the premises are unsafe or unfit for occupancy requiring a building closure under the provisions of Section 110 of the Fire Code;

3. Enforcement of the closure notice or order shall be stayed until OAH issues a written decision; and

4. OAH shall hold a hearing within 72 hours of receipt of a timely request, and shall issue a decision within 72 hours after the hearing record is closed. In determining the 72-hour period, weekends and legal holidays shall be excluded.

108.1.2

Additional provisions applicable to buildings with rental units. Nothing herein shall be construed to authorize an expedited hearing for any notices or orders issued, or actions taken, pursuant to Section 111. Appeal of a notice or order issued pursuant to Section 110 to close or vacate a building with rental units, or a request for an expedited hearing pursuant to Section 108.1.1, shall not preclude the code official from issuing a notice or order pursuant to Section 111 for the same premises or any portion thereof, while such appeal or hearing is pending.

108.2

Stay of Action. Appeals of notices or orders shall stay the enforcement of the notice or order until the appeal is heard by the Office of Administrative Hearings.

Exceptions:

1. Notices or orders issued pursuant to Section 111 Emergency Conditions.

2. Closure notices or orders issued pursuant to Section 110, and related orders to vacate premises, except where the tenant or occupant has requested an expedited OAH hearing in accordance with Section 108.1.1.

3. Stop work orders issued pursuant to Section 109.6.

108.3

Unsafe Conditions; Emergency Measures. Any person ordered to take emergency measures or to correct unsafe conditions shall comply with such order forthwith. Any affected person may thereafter pursue his, her or its right of appeal pursuant to Section 108.1.

D.C. Mun. Regs. tit. 12, r. 12-H108

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