D.C. Mun. Regs. tit. 24, r. 24-200

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 24-200 - ADMINISTRATION AND ENFORCEMENT

200.1

Public space rental permits shall be issued under the provisions of the D.C. Public Space Rental Act (the "Act"), D.C. Code § 7-1001 et seq. (1981), and the provisions of this chapter.

200.2

The Director of the District of Columbia Department of Public Works (the "Director") shall have the following responsibilities under this chapter:

(a) When a property owner requests the use of public space, the Director shall investigate the public need for that space, consider the proposed use of the space, and recommend to the Public Space Committee (the "Committee") approval or disapproval of the use;

(b) The Director, when he or she deems it necessary, shall inspect each space for which a permit application is received to determine compliance with the Act, this title, and the terms of the permit;

(c) The Director shall refer violations of the Act, the provisions of this chapter, the permit, or conditions requiring remedial action to the Director of Consumer and Regulatory Affairs; and

(d) If, as a result of the private use of surface space, an imminently dangerous condition is discovered, and public safety requires, the Director shall take any necessary steps to immediately remedy the situation.

200.3

The Public Space Committee shall, on recommendation from the Director, determine the public need for public space, what private use may be made of it, and what may be erected or installed in that space.

200.4

The Committee shall approve or disapprove all applications for the use of public space referred to it by the Director, and no permit for use of public space shall be issued without Committee approval.

200.5

The Director of Finance and Revenue shall render all bills and collect all rents and other charges for public space occupancy and use, as provided by law and regulation.

200.6

The Corporation Counsel, or his or her designee, shall institute and prosecute any action determined by the Corporation Counsel to be necessary by reason of any violation of the Act and this chapter.

200.7

The Director of Consumer and Regulatory Affairs shall take all of the following actions with respect to public space rental:

(a) Receive all applications for permits to occupy or use public space, and refer them to the proper departments for review and approval or disapproval;

(b) In the case of vaults, determine the structural adequacy of proposed construction, investigate all questions of structural defects in existing vaults, and inspect vaults when necessary to determine their physical condition;

(c) If a vault or related construction is found to be in an imminently dangerous condition, and public safety requires, take any necessary steps to immediately remedy the situation;

(d) Issue all approved public space permits through the Permit Branch; and

(e) Investigate violations of the Act, this chapter, or the terms of the permit, and take necessary action to remedy the situation.

200.8

Any personal property placed on public space by the permittee shall be readily movable, and maintained in a good clean condition; and shall not be allowed to deteriorate, or become unsightly or dangerous to the public.

200.9

Prior to the issuance of an occupancy permit, any property owner who wishes to sublet public space, including surface space and space below the surface, shall file with the Director a notarized copy of the rental agreement covering the space to be sublet.

200.10

Permits for the use of surface space shall be subject to suspension or revocation for failure of the permittee to make use of the surface space for a period of more than twelve (12) months; and for failure to comply with this chapter, the specifications of the permit, or the plan required by § 202.

200.11

The provisions of this chapter relating to the extent to which surface space may be occupied by the operator of a business abutting the space shall supersede any other provisions of this title that may control the extent to which surface space may be occupied.

D.C. Mun. Regs. tit. 24, r. 24-200

Article 43, §§ 2(a),(c); 3(l), (m) of the Police Regulations (May 1981); as amended by § 4 of the District of Columbia Solid Waste Regulations Amendments Act of 1989, D.C. Law 8-31, 36 DCR 4750, 4753 (July 7, 1989)

The Building Code, the Fire Code, and the Electrical Code referred to in this title have been superseded by D.C. Law 6-216, Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987. The construction regulations existing prior to March 21, 1987, remain in effect for projects having reached specified stages of completion. D.C. Law 6-216 adopted the 1984 National BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes. Effective November 27, 1992 (39 DCR 8665),the 1984 BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes were superseded by the adoption of the 1990 BOCA Codes, and the 1992 D.C. Supplement to the BOCA Codes.

AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act of April 23, 1892, 27 Stat. 21, ch. 53. § 3, D.C. Code 1-1024 (1992 Repl. Vol.); as amended by An Act of July 11, 1919, 41 Stat. 69, ch. 7, as amended, D.C. Code § 5-516 (1994 Repl. Vol.); by §§ 401 and 402 of Reorganization Plan No. 3 of 1967, effective August 11, 1967, D.C. Code Vol. 1 at 126 (1991 Repl. Vol.); by An Act approved October 17, 1968, 82 Stat. 1156, Pub. L. 90-596, D.C. Official Code 10-1101 et seq. (2001); and § 412 of the District of Columbia Self-Government and Governmental Reorganization Act, as amended, 87 Stat. 790, Pub.L. No. 93-198, D.C. Code § 1-227(a) (1992 Repl. Vol.); section 5(4)(A), 6(b) and (c) and 7 of the Department of Transportation Establishment Act of 2002, effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code §§ 50-921.04(4)(A), 50-921.05(b) and (c), and 50-921.06) , and sections 603 and 604 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198, D.C. Official Code §§ 10-1141.03 and 10 -1141) and Mayor's Order 96-175 (December 9, 1996); D.C. Code §§ 10-1141.04; 50-921.02.