§ 6–1405.01(Perm). Administration of construction regulations.

(a)(1) The Building Code Official is authorized to administer and enforce the provisions of this chapter, including provisions regarding the Construction Codes, building permits, and certificates of occupancy, and all regulations issued pursuant to this chapter.

(2) In regulating and enforcing building permits and certificates of occupancy, the Building Code Official shall require an employer, as that term is defined in § 32-1501(10), to produce proof of Workers’ Compensation insurance coverage before the issuance of a construction permit.

(2A)(A) The Building Code Official shall require, for permits covered pursuant to subparagraph (B) of this paragraph, that the property owner, contractor, or person applying for the permit ("applicant"):

(i)(I) Demonstrate, to the satisfaction of the Building Code Official, that his or her insurance includes coverage against claims for injuries to persons or damages to property from all adjacent and adjoining property owners and lawful occupants of the properties for risks of loss, damage to property, or injury to or death of persons arising out of or in connection with the performance of the work proposed to be performed under the permit.

(II) The insurance shall be in an amount per occurrence and in the aggregate as specified by the Mayor through rulemaking pursuant to subparagraph (D) of this paragraph; or

(ii)(I) If applicant's insurance is not sufficient to meet the requirements of sub-subparagraph (i) of this subparagraph, then the applicant must either amend his or her insurance policy so that the policy complies with sub-subparagraph (i) of this subparagraph or obtain additional insurance against claims for injuries to persons or damages to property from all adjacent and adjoining property owners and lawful occupants of the properties for risks of loss, damage to property, or injury to or death of persons arising out of or in connection with the performance of the work proposed to be performed under the permit.

(II) Additional insurance shall be of a kind and in an amount specified by the Mayor through rulemaking pursuant to subparagraph (D) of this paragraph.

(B) The following permits shall require insurance pursuant to subparagraph (A) of this paragraph; provided, that the requirements shall apply only to permits issued 30 days after the adoption of emergency or final rules issued by the Mayor pursuant to subparagraph (E) of this paragraph:

(i) An addition, alteration, and repair permit pursuant to which the applicant will be engaging in construction at the property line or on the party wall of an adjacent or adjoining property;

(ii) A demolition permit;

(iii) An excavation permit;

(iv) A raze permit; and

(v) A sheeting and shoring permit.

(C)(i) The applicant for a permit for which insurance is required under subparagraph (B) of this paragraph shall:

(I) Submit proof of insurance to the Department before the issuance of the permit;

(II) Demonstrate, on a form promulgated by the Department, that the insurance meets the requirements of subparagraph (A) of this paragraph; and

(III) Maintain the required insurance for the duration of the permit and any renewals of the permit. If the insurance expires, is cancelled, or otherwise terminates, the applicant shall immediately notify the Department, and, when applicable, provide proof of new or renewed insurance that satisfies the requirements of subparagraph (A) of this paragraph.

(ii)(I) If, at any time, the insurance required by this paragraph is found to be absent or non-compliant by the Building Code Official, the Department shall issue a stop work order relating to the permit for which insurance is required.

(II) The stop work order shall remain in place until the permit holder provides proof of new or renewed insurance that satisfies the requirements of this paragraph.

(D) For purposes of this section, the term:

(i) "Adjacent property" means any privately held property (all or a portion thereof) within 30 feet of a property line of the real property for which the permit is applied; provided, that the adjacent property is separated by an alley or public space from the real property for which the permit is applied.

(ii) "Adjoining property" means any privately held real property that shares a property line with real property for which the permit is applied.

(E)(i) The Mayor shall issue rules to implement this paragraph, pursuant to the authority provided in § 6-1409.

(ii) Rules issued pursuant to this subparagraph shall consider current standard construction insurance rates from at least 6 insurance providers licensed and registered with the Department of Insurance, Securities and Banking to determine appropriate rates of insurance for applicable construction permits in subparagraph (B) of this paragraph. Rates collected from providers pursuant to this subparagraph shall be published in the notice of rulemaking.

(3) The Building Code Official shall seek to assure that all buildings, structures, and premises in the District are in full compliance with the Construction Codes adopted pursuant to this chapter and all zoning provisions in subchapter IV of Chapter 6 of Title 6, and regulations issued pursuant to those acts.

(4) The Building Code Official shall seek to administer all building permits, certificates of occupancy, and other provisions of this chapter and regulations issued pursuant to this chapter in a manner that is fair, efficient, predictable, readily adaptable to new technologies, consumer-oriented, devoid of unnecessary time delays and other administrative burdens, cost-effective, and directed at enhancing the protection of the public health, welfare, safety, and quality of life.

(b)(1) The Building Code Official may enforce the regulations issued pursuant to this chapter by means of covenants or agreements between the Department of Consumer and Regulatory Affairs and an affected party. All such covenants or agreements shall have the prior approval of the Office of the Attorney General for legal sufficiency and comply with all other applicable District and federal laws.

(2)(A) Where the Office of the Attorney General determines that under District law a covenant or agreement may require the review and approval of other District agencies, it shall notify the agencies and establish an inter-agency process for review, and, if required under District law, approval.

(B) The Building Code Official shall coordinate with the Office of the Attorney General relating to the time required for the review and recommendations by the Office of the Attorney General of any covenant or agreement proposed pursuant to this chapter.

(c) The Building Code Official shall have authority over the approval, installation, design, modification, maintenance, testing, and inspection of all new and existing fire protection systems.