§ 6–1451.04. Compliance review.

(a) The Mayor shall verify compliance with the requirements of this chapter as specified in §§ 6-1451.02 and 6-1451.03 through:

(1) An agency of the District government; or

(2) Third-party entities which meet criteria to be established by the Mayor by rulemaking within 180 days of March 8, 2007.

(b) The Mayor shall review the qualifications of each third-party entity approved under subsection (a)(2) of this section at least every 2 years to determine if the entity shall remain eligible to conduct the verifications required in §§ 6-1451.02 and 6-1451.03.

(c) Notwithstanding Chapter 5 of Title 2 [§ 2-501 et seq.], for the purposes of establishing compliance with §§ 6-1451.02 and 6-1451.03, verification of a project shall be based upon the standards in effect one year prior to the applicant’s first of the following interactions with the District:

(A) The approval of a land disposition agreement;

(B) The submission of an application to the Board of Zoning Adjustment for a variance or special exception relief;

(C) The submission of an application to the Zoning Commission for a planned unit development or other approval requiring Zoning Commission action;

(D) The submission of an application to the Historic Preservation Review Board or the Mayor’s Agent for the Historic Preservation Review Board; or

(E) Other substantial land-use interactions with the District as defined through rulemaking by the Mayor.

(d) Verification that a project has complied with the requirements of this chapter shall not relieve an applicant of any obligations or liabilities otherwise existing under law and shall not relieve the District of its obligation to review all construction documents in the manner otherwise prescribed by law.

(e) An applicant may apply for verification of a project by the Mayor at any time.

(f) Verification decisions by the Mayor shall be considered official interpretations of the requirements of this chapter and may be appealed by an applicant pursuant to subsection 112.1 of Title 12 of the District of Columbia Municipal Regulations (12 DCMR § 112.1) [CDCR 12A-112].

(Mar. 8, 2007, D.C. Law 16-234, § 5, 54 DCR 377; Mar. 25, 2009, D.C. Law 17-353, § 154, 56 DCR 1117; June 5, 2012, D.C. Law 19-139, § 2(d), 59 DCR 2555.)

Section References

This section is referenced in § 6-1451.01 and § 6-1451.03.

Effect of Amendments

D.C. Law 17-353 validated a previously made technical correction in subsec. (f).

D.C. Law 19-139 rewrote subsec. (c), which formerly read:

“(c) Notwithstanding Chapter 5 of Title 2, for the purposes of establishing compliance with standards in §§ 6-1451.02 and 6-1451.03, verification of a project shall be based upon the standards in effect 6 months prior to the submission of the first construction permit application.”