D.C. Mun. Regs. tit. 29, r. 29-10500
The Department shall implement and administer the Community Restroom Incentive Pilot Program ("Pilot Program") established pursuant to section 4 of the Public Restroom Facilities Installation and Promotion Act of 2018 (the "Community Restroom Act"), effective April 11, 2019 (D.C. Law 22-280; D.C. Official Code § 10-1053) .
The Department shall provide available Pilot Program funds as a financial incentive to places of public accommodation participating in the Pilot Program and located within the business improvement district ("BID") area selected by the Department, that make their restroom facilities available, free of charge, to any person, regardless of whether that person patronizes the place of public accommodation.
The Department shall select one (1) BID registered by the Mayor pursuant to Section 6 of the Business Improvement Districts Act of 1996, effective May 29, 1996 (D.C. Law 11-134; D.C. Official Code § 2-1215.06) as the geographic area within which the Pilot Program will be implemented.
To be eligible to participate in the Pilot Program, a place of public accommodation must:
public during stated hours of operations.
An eligible applicant seeking to participate in the Pilot Program shall submit a written application to the Department on such form or forms as may be prescribed by the Department and shall provide such other information and documents as the Department may request to determine the applicant's eligibility. The completed application form shall include a signed statement by the applicant attesting that all of the information provided in the application is true and accurate to the best of the applicant's knowledge and belief.
Within sixty (60) days after receipt of a complete application, the Department shall notify the applicant whether their application has been approved or denied or if additional information or documentation is needed to make a determination. If an application is denied, the Department shall provide the applicant with a written 3 explanation of the reason for the denial.
An applicant may appeal the denial by the Department in writing to the Director within ten (10) days after receipt of the Department's determination. An applicant may not appeal a decision that is based in whole or in part on the unavailability of funds for the Pilot Program. The Department shall issue a decision on the appeal within thirty (30) days after receipt of the appeal.
If the application is approved, the applicant shall be required, as a condition of its participation in the Pilot Program, to execute an agreement, provided by the Department, which shall include:
The Pilot Program agreement shall be signed by the owner of the property where the place of public accommodation is located or by the holder of a possessory interest in the place of public accommodation.
The Department may provide an incentive award to each participant in the Pilot Program. The Department shall determine the amount of the incentive award for each participant based on the number of restrooms made available to the public in the place of public accommodation.
The Department may request that a Pilot Program participant provide an accounting of its expenditures of the incentive award funding. The accounting shall list each cost paid for from the incentive award and a description of the purpose of the payment.
A Pilot Program participant shall be deemed ineligible to remain in the Pilot Program if:
A person who has been denied access, or a person acting as a representative of a person who has been denied access, to a restroom facility at a Pilot Program participant may file a complaint with the Department in a manner determined by the Department. The Department may investigate the complaint if it determines that the complaint is not frivolous or otherwise without merit.
If the Department determines that a Pilot Program participant is ineligible to remain in the Pilot Program, it shall issue a notice to the participant that:
The participant may appeal the determination in writing to the Department within ten (10) days after receipt of the notice. If the participant does not timely submit an appeal, the participant shall, within thirty (30) days after receipt of the notice, return to the Department all incentive award funding disbursed to the participant.
An appeal shall outline the reasons the Department's determination should be reversed and shall include any supporting information and documentation.
The Department shall review the participant's appeal and issue a written
determination within thirty (30) days after receipt of the appeal.
If the Department upholds its determination, it shall issue a notice of
determination on appeal to the participant. The participant shall return to the Department all incentive award funding disbursed to the participant within thirty (30) days after receipt of the Department's notice of determination on appeal.
The Department may make unannounced site visits to any Pilot Program participant during the participant's posted hours of operation, either through the use of departmental staff or through a non-governmental designee chosen by the Department, to ensure adherence to the requirements of the Pilot Program.
If a participant voluntarily chooses to leave the Pilot Program before the end of the time period it agreed to participate in the Program, the participant shall return to the Department a portion of the Pilot Program funding. The amount of the Pilot Program funding that shall be returned by the participant shall be equal to (the total incentive award amount) minus ((the participant's total incentive award amount divided by the number of days the participant agreed to participate in the Pilot Program) multiplied by (the number of days in which the participant participated in the Pilot Program)).
Upon completion of the Pilot Program, the Department may require a participant to provide programmatic feedback on a form prescribed by the Department.
The Department shall maintain a public list of all Pilot Program participants. The list shall include the participant's business entity name, address, and hours of operation. The Department shall make the list available on the Department's website.
D.C. Mun. Regs. tit. 29, r. 29-10500