§ 6–1409. Amendments; supplements; editions.

*NOTE: This section includes amendments by temporary legislation that will expire on August 1, 2024. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*

(a) All future amendments, supplements, and editions of the Construction Codes shall be adopted only upon authority of the government of the District of Columbia. The Mayor may issue rules to amend the Construction Codes and to adopt new supplements and editions of the Model Codes in whole or in part pursuant to subchapter I of Chapter 5 of Title 2. Proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part by resolution within this 45-day review period, the proposed rules shall be deemed approved. The proposed rules shall not take effect until approved or deemed approved by the Council.

(a-1) Repealed.

(b) Repealed.

(Mar. 21, 1987, D.C. Law 6-216, § 10, 34 DCR 1072; Oct. 1, 2002, D.C. Law 14-190, § 302(c), 49 DCR 6968; Apr. 5, 2005, D.C. Law 15-278, § 3, 52 DCR 835; Apr. 27, 2013, D.C. Law 19-289, § 3(c), 60 DCR 2328; Dec. 20, 2023, D.C. Law 25-98, § 3(b)(2), 70 DCR 14512.)

Prior Codifications

1981 Ed., § 5-1309.

Section References

This section is referenced in § 6-1401 and § 6-1405.01.

Effect of Amendments

D.C. Law 14-190 designated subsec. (a); and added subsec. (b).

D.C. Law 15-278 added subsec. (a-1).

The 2013 amendment by D.C. Law 19-289 repealed (a-1), which read “Notwithstanding the provisions of subsection (a) of this subsection, the Mayor may amend the provisions of subsection 3107.18 of Title 12A of the District of Columbia Municipal Regulations ( 12A DCMR § 3107.18), including the specifications, drawings, limitations, and requirements of the Illustrations, as defined in subsection 3107.18.11 of Title 12A of the District of Columbia Municipal Regulations ( 12A DCMR § 3107.18.11), by rulemaking pursuant to § 2-505, without submission of the proposed rules to the Council for its prior review and approval.”; and repealed (b), which read: “Within 180 days after the adoption of the International Building Code, published by the International Building Code Council, Inc. (‘IBC’), and any subsequent amendments thereto, the Mayor shall propose an amendment to the Construction Code in accordance with subsection (a) of this section to adopt the IBC.”.

Applicability

Section 5 of D.C. Act 25-221 provided that the amendments to this section by § 3 of D.C. Act 25-221 shall apply as of November 2, 2022.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3(b)(2)(C) of Sign Regulations Second Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-348, Jan. 4, 2024, 71 DCR 663).

For temporary (90 days) amendment of this section, see § 3(b)(2) of Sign Regulations Emergency Amendment Act of 2023 (D.C. Act 25-221, Oct. 5, 2023, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 3(b)(2) of Sign Regulations Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-10, Feb. 1, 2023, 00 DCR 00).

For temporary (90 days) amendment of this section, see § 3(b)(2) of Sign Regulations Emergency Amendment Act of 2022 (D.C. Act 24-625, Nov. 2, 2022, 0 DCR 0).

For temporary (90 day) amendment of section, see § 302(c) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) amendment of section, see § 3 of Gallery Place Project Graphics Emergency Amendment Act of 2004 (D.C. Act 15-508, August 2, 2004, 51 DCR 8945).

For temporary (90 day) amendment of section, see § 3 of Gallery Place Project Graphics Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-626, November 30, 2004, 52 DCR 1131).

For temporary (90 day) amendment of section, see § 3 of Gallery Place Project Graphics Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-38, February 17, 2005, 52 DCR 3031).

For temporary (90 day) amendment of section, see § 3(c) of the Sign Regulation Emergency Amendment Act of 2012 (D.C. Act 19-387, July 11, 2012, 59 DCR 8491).

For temporary repeal of (a-1) and (b), see § 3(c) of the Sign Regulation Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-499, October 26, 2012, 59 DCR 12749), applicable after the Mayor’s issuance of a comprehensive final rulemaking governing signs on public space and private property, and with the condition that any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.

Temporary Legislation

For temporary (225 days) amendment of this section, see § 3(b)(2) of Sign Regulations Temporary Amendment Act of 2023 (D.C. Law 25-98, Dec. 20, 2023, 70 DCR 14512).

For temporary (225 day) amendment of section, see § 3 of Gallery Place Project Graphics Temporary Amendment Act of 2004 (D.C. Law 15-221, March 16, 2005, law notification 52 DCR 3547).

Section 3(c) of D.C. Law 19-181 repealed (a-1) and (b).

Section 8 of D.C. Law 19-181 provided that any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.

Section 9 of D.C. Law 19-181 provided that sections 3, 4, 5, 6, and 7 of the act shall apply upon the Mayor’s issuance of a comprehensive final rulemaking governing signs on public space and private property pursuant to section 2 of the act.

Section 11(b) of D.C. Law 19-181 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Building and Land Regulation Administration User Fee Approval and Disapproval Resolution of 1994: Pursuant to Resolution 10-370, effective June 7, 1994, the Council approved, in part, and disapproved, in part, rules to adopt a new Building and Land Regulation Administration User Fee Schedule.

Building and Land Regulation Administration User Fee Amendment Rulemaking Approval Resolution of 1994: Pursuant to Proposed Resolution 11-16, deemed approved February 18, 1995, Council approved Rules to adopt an amendment to the Building and Land Regulation Administration User Fee Schedule.

Section 3(c) of D.C. Law 19-289 repealed subsections (a-1)and (b).

Section 9 of D.C. Law 19-289 provided: “Any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.”

Applicability of D.C. Law 19-289, § 3: Section 10 of D.C. Law 19-289 provided that sections 3, 4, 5, 6, 7, and 8 of the act shall not apply until the Mayor’s issuance of a comprehensive final rulemaking governing signs on public space and private property pursuant to section 2 of the act. Section 2 of D.C. Law 19-289 rewrote §§ 1-303.21 and 1-303.23, and repealed § 1-303.22.

Delegation of Authority

Delegation of authority pursuant to Law 6-216, see Mayor’s Order 87-259, November 13, 1987.

Delegation of Authority to the Director of the Department of Consumer and Regulatory Affairs—Construction Codes, see Mayor’s Order 2009-224, December 18, 2009 ( 56 DCR 9665).

Resolutions

Resolution 13-291, the “Construction Codes Amendments Approval Resolution of 1999”, was approved effective October 5, 1999.

Resolution 14-121, the “Construction Codes Amendments Approval Resolution of 2001”, was approved effective June 5, 2001.

Resolution 15-338, the “Construction Codes Amendments Approval Resolution of 2003”, was approved effective December 2, 2003.

Resolution 17-877, the “Construction Codes Amendment Approval and Disapproval Resolution of 2008”, was approved effective December 2, 2008.