Any person desiring to install or use a fixture, appurtenance, material, or method of a type not conforming with the requirements of, nor expressly prohibited by this chapter shall, prior to the installation or use, submit to the Director proof by recognized authority as the Director may require, to permit the Director to determine whether a fixture, appurtenance, material, or method is of a design or quality, or both, that appears to the Director as suitable, safe, and sanitary for the use for which it is intended. In the event the Director determines that a fixture, appurtenance, material, or method appears suitable, safe, and sanitary for the use for which it is intended, the Director may then permit its installation or use; provided, that the manner of installation or use is otherwise in accordance with applicable regulations.
The Director may approve the installation or use in a maternity center of fixtures, appurtenances, materials, and methods of a type not conforming with the requirements of, nor expressly prohibited by, this chapter after the Director determines that a fixture, appurtenance, material, or method is of a design or quality, or both, that appears to him or her as suitable, safe, and sanitary for the use for which it is intended.
The Director shall maintain a record of approvals or denials to use nonconforming items which shall be available to the public and, from time to time, shall recommend amendment of this chapter so as to either authorize or prohibit the installation or use of nonconforming fixtures, appurtenances, materials, and methods.
Each installation or use approved under this section shall be subject to periodic inspection by the Director, and any fixture, appurtenance, material, or method shall, upon order, be discontinued or removed, if the inspection indicates to the Director that it is unsuitable, unsafe, unsanitary, or contrary to other applicable laws or regulations.
D.C. Mun. Regs. tit. 22, r. 22-B2611