D.C. Mun. Regs. tit. 12, r. 12-H109
Strike Section 109 of the International Fire Code in its entirety and insert a new Section 109 in the Fire Code in its place to read as follows:
Unlawful acts. It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by the Fire Code, or cause same to be done, in conflict with or in violation of any of the provisions of the Fire Code.
Notice of violation or order. When the code official finds that a building, premises, vehicle, storage facility or outdoor area is in violation of the Fire Code, the code official is authorized to prepare a written notice of violation or order describing the conditions deemed unsafe and, when compliance is not immediate, specifying a time for re- inspection.
Service. A notice of violation or order issued pursuant to the Fire Code shall be served upon the owner, operator, occupant, or other person responsible for the condition or violation, in accordance with the service provisions set forth in 12-A DCMR § 113.5, which are incorporated herein by reference.
Additional notification provisions for premises with rental units. The provisions of Sections 109.2.2.1 through 109.2.2.4 shall apply to premises with rental units.
General. Where a notice or order is issued to the owner of a premises or portion thereof with respect to a rental unit occupied by a tenant, the code official shall provide such tenant with a copy of the notice or order. This requirement will be satisfied by mailing a copy to the tenant by first-class mail postage prepaid, leaving a copy at the tenant's residence, or any other reasonable method in the code official's discretion.
Premises with multiple rental units. In premises with more than one rental unit, any instance where a notice or order affects the rental unit and/or common space of more than onetenant, the code official shall post a copy of any notice or order issued to the owner pursuant to Section 109 for a reasonable time in one or more locations on the premises where the violation exists. The locations for posting the notification shall be reasonably selected to give notice to all tenants affected. Any tenant directly affected by the violation(s) shall, upon request to the code official, be sent a copy of the posted notification by first class mail, postage prepaid.
Notices or Orders Requiring Closure of Premises with Rental Units.
Where the code official (a) posts a notice of unsafe condition pursuant to Section 110 on a building with rental units that prohibits access to or occupancy of the premises or issues an order to close and barricade a building with rental units, or (b) posts a notice of emergency condition pursuant to Section 111 on a building with rental units requiring tenants and occupants to vacate the premises, the following additional requirements shall apply.
Exclusivity of tenant notice provisions. The code official shall not be subject to any other tenant notification provisions, except as expressly set forth in this Section 109.2.2.
Failure to Issue a Notice. Issuance of a notice of violation pursuant to this section is at the discretion of the code official. Failure to give a notice of violation shall not be a bar to any criminal prosecution, civil action, or civil infraction proceeding brought under the Fire Code.
Compliance with Orders and Notices. A notice of violation or order issued or served as provided by the Fire Code shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the notice of violation or order pertains.
Prosecution of Collateral Fines and Other Violations. If the notice of violation is not complied with as specified by the code official, the code official may issue a collateral notice, or civil infraction. If violations are not corrected as specified, a request may be made to the District of Columbia Office of the Attorney General to institute the appropriate legal proceedings to restrain, correct or abate the violation or to require removal or termination of the unlawful use of the building or structure in violation of the provisions of the Fire Code or of any related order or direction. The code official may request a law enforcement officer to make arrests for any offense cited in the Fire Code or orders of the code official affecting the immediate safety of the public.
Unauthorized Tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed, obstructed, tampered with or removed without authorization from the code official. Unauthorized removal or obstruction of signs, tags or seals posted or affixed by the code official is a violation of the Fire Code and is subject to the penalties provided in Section 109 and D.C. Official Code § 6-1406 (2018Repl.), and the injunctive relief set out in D.C. Official Code § 6-1407 (2018Repl.). The owner of the premises posted with a notice of unsafe condition, or the owner's agent, shall promptly notify the Department if the posted notice has been removed, damaged or obstructed so the notice can be reposted.
Violation Penalties. Any person, firm, or corporation violating any of the provisions of the Fire Code or failing to comply with any order issued pursuant to any section of the Fire Code, upon conviction thereof shall be punished by a fine of not more than $300 or imprisonment for not more than 90 days, or both. Each day that a violation continues, after a service of notice as provided in the Fire Code, shall be deemed a separate offense.
Civil Infractions. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of the Fire Code, or any rules or regulations issued under authority of the Fire Code or pursuant to Title I-III 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 §§ 2-1801.01et seq. (2016Repl.& 2019 Supp.)) ("Civil Infractions Act"). Notices of infraction shall be issued in accordance with the procedures and fine amounts set forth in Section 201 of the Civil Infractions Act and Title 16 DCMR.
Abatement of Violation. In addition to the imposition of the penalties herein described, the code official is authorized to institute appropriate action:
Stop work order. Whenever the code official finds any work regulated by the Fire Code being performed in a manner contrary to the provisions of the Fire Code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order.
Form of stop work order. A stop work order shall be in writing, in a form prescribed by the code official, and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. If the stop work order cannot be delivered personally, notice shall be effected by posting the stop work order in or about the structure affected by such notice as provided in Section 109.6.1.1. Upon issuance of a stop work order, the cited work shall immediately cease, except such work as that person is directed to perform by the code official to remove a violation or unsafe condition. The stop work order shall state the reason for the order, and the conditions under which the cited work is authorized to resume. The stop work order shall state the address of the property and the specific section or sections of the Fire Code violated. It shall also contain a description of the right to appeal the order and how to obtain an appeal form. No stop work order shall be issued nor considered valid unless it contains all of the above information, along with the signature of the issuing official.
Posting of stop work order. Regardless of how service is effected, the code official shall post the stop work order in a conspicuous location, visible to the owner, the public and other government officials, in or about the building, structure or premises affected by the stop work order.
Removal or obstruction of a posted stop work order. Unauthorized removal or obstruction of a posted stop work order is a violation of the Construction Codes, and is subject to the penalties provided in D.C. Official Code § 6-1406 (2018Repl.) and the injunctive relief set out in D.C. Official Code § 6-1407 (2018Repl.).
Access required to post a stop work order. Where the code official requires access into a structure to post a stop work order, the owner of the structure, or his or her agent, must provide the required access within 24 hours after receiving written notice from the code official pursuant to Section 109.6.1
Emergencies. Where an emergency or imminently dangerous condition exists, the code official shall not be required to give a written notice prior to stopping the work.
Failure to comply. Any person who shall continue any work after a stop work order has been posted, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to th e penalties set forth in D.C. Official Code § 6-1406 (2018Repl.) and the injunctive relief set out in D.C. Official Code § 6-1407 (2018Repl.).
Owner and/or designated agent responsible for ensuring compliance with stop work order. The owner of the property, or his or her agent, serving as the contractor of record, shall be deemed to have violated the stop work order where his or her subordinate employees, workers, and sub-contractors do not comply with the requirements of the stop work order.
Code official may seek a warrant for violation of stop work order. Upon finding that the requirements of a stop work order have been violated, including the removal of a stop work order, the code official may request the Office of the Attorney General for the District of Columbia to institute appropriate proceedings which may include the arrest and prosecution of the owner or agent.
Appeal of stop work order. The property owner, his or her agent, or the person responsible for the work cited in a stop work order, may appeal the stop work order to the code officialpursuant to the procedures set forth in this section. Claimants shall appeal using a form provided by the code official, on which they shall state the grounds for the appeal, which shall be based on a claim that the Fire Code or the rules legally adopted thereunder, have been incorrectly interpreted or applied, or the requirements of the Fire Code are adequately satisfied by other means. The appeal shall be filed within 15 days after the date on which the stop work order is posted.
Action on appeal. Within 10 business days after the date of receipt of the appeals form, the code official shall affirm, modify, or reverse the previous action or decision. The decision of the code official shall be the final decision of the Department. If the code official denies the appeal, or does not act upon the appeal within the 10
business day period, the decision will be deemed affirmed and the claimant may appeal the matter directly to the Office of Administrative Hearings, as provided for in Section 108.
Stay of action. The filing of an appeal does not stay the effect of a stop work order.
D.C. Mun. Regs. tit. 12, r. 12-H109