D.C. Mun. Regs. tit. 24, r. 24-399
When used in this chapter, the following terms and phrases shall have the meanings ascribed, unless the text or context of the particular section, subsection, or paragraph provides otherwise:
Act - D.C. Law 4-148, the "Enclosed Sidewalk Cafe Act of 1982," effective September 16, 1982, as amended.
Alter or alteration - a change in the design or configuration of either the exterior or interior of a sidewalk cafe or its site; including, but not limited to, railings, walls, roof, awning, sign, or flooring.
Applicant - a person who is applying for or who has obtained a permit.
Awning or canopy - a temporary roof-like structure over a sidewalk cafe attached to, supported from, or contiguous to a restaurant.
Building Permit - a permit issued by the Director of Consumer and Regulatory Affairs for the construction, reconstruction, or alteration of an enclosed sidewalk cafe.
Certificate of Use - a one (1) year renewable certificate, issued upon the recommendation of the Director by the Director of Consumer and Regulatory Affairs, authorizing the use of public space for the purpose of operating a sidewalk cafe.
Chairperson - the Chairperson of the Public Space Committee.
Clear sidewalk space - the area within a sidewalk that is free from any obstruction and retained solely for the flow, passage, and circulation of pedestrians.
Combustible materials - any material made of or surfaced with wood, canvas, compressed paper, or other material that will ignite and burn. Material shall be considered as combustible even though flame-proofed, fire-retardant treated, or plastered. A material that does not meet the requirements of ASTM E136 shall be classified as a combustible material
D.C. Building Code - Title 12 of the District of Columbia Municipal Regulations, "Building Code," as amended.
D.C. Electrical Code - Title 5B-2 of the District of Columbia Rules and Regulations, "1977 D.C. Electrical Code," as amended.
D.C. Fire Code - Title 25 of the District of Columbia Municipal Regulations.
D.C. Police Regulations - the "District of Columbia Police Regulations," as amended.
D.C.Vehicles and Traffic Regulations - Title 18 of the District of Columbia Municipal Regulations, "Vehicles and Traffic," as amended.
Department - the District of Columbia Department of Public Works. [D.C. Law 8-31]
Design - the exterior features of a sidewalk cafe, including, but not limited to, height, depth, width, appearance, texture, color, dimensions, and nature of materials and signing; and the interior features, including, but not limited to, the table layout, the flooring, the lighting, and the width and the location of aisles and doorways.
Director - the Director of the Department of Public Works, or his or her designated agent.
Director, DCRA - the Director of the Department of Consumer and Regulatory Affairs, or his or her designated agent.
District - The District of Columbia.
Enclosed sidewalk cafe - any authorized enclosure of public space as a temporary structure adjacent to a restaurant which consists of no more than one (1) story constructed primarily of light, incombustible, or fire-resistant materials, which does not restrict egress from the properties abutting the restaurant adjacent to the sidewalk cafe, and which is able to be removed within a twenty-four (24) hour period.
Fee - the fee for a Sidewalk Cafe Permit, a Building Permit, a Certificate of Use, or the public space rental.
Fire Chief - the Fire Chief of the District of Columbia, or the Fire Chief's designated agent.
Fire-resistant materials - any material that is flame-proof or fire-retardent, pursuant to the applicable law, rule, or regulation.
Incombustible materials - materials meeting the requirements of ASTM E136-73.
Obstruction - Any physical object, item, material, or structure.
Owner - the holder of the legal title to real property as recorded in the Office of the Recorder of Deeds in the Department of Finance and Revenues of the District of Columbia.
Police Chief - the Police Chief of the District of Columbia Metropolitan Police Department, or the Police Chiefs designated agent.
Public space - all the publicly owned property between the property lines on a street.
Public Space Committee - the committee established for the purpose of making final determinations in cases involving the use of public space as specified by Mayor's Order No. 77-150, as amended.
Sidewalk - the portion of surface space located between the curb line and the building line intended for the use of pedestrians.
Sidewalk cafe - an enclosed sidewalk cafe or an unenclosed sidewalk cafe.
Sidewalk Cafe Permit - a revocable permit, issued by the Director of Consumer and Regulatory Affairs upon the recommendation of the Public Space Committee and pursuant to the provisions of this chapter and chapter 2 of this title (Article 43 of D.C. Police Regulations), authorizing the use and occupation of public space in the District of Columbia.
Surface space - all space between the building line and the curb, regardless of whether the space is paved or unpaved.
Unenclosed sidewalk cafe - any authorized use of public space adjacent to a restaurant that contains tables, chairs, railing, or planters which is open to the sky and at the sides, but may include awnings or umbrellas, and which is able to be removed within a twenty-four (24) hour period.
D.C. Mun. Regs. tit. 24, r. 24-399