Chapter 7. Fire Safety.

Subchapter I. General.

Part A. Fire Escapes, Elevators, Stairways, Etc.

§ 6–701.01. Fire escapes — Buildings used as dwellings; exceptions. [Repealed]

Repealed.

(Mar. 19, 1906, 34 Stat. 70, ch. 957, § 1; Mar. 2, 1907, 34 Stat. 1247, ch. 2566, § 1; June 4, 1934, 48 Stat. 843, ch. 388; May 18, 2016, D.C. Law 21-118, § 7(b), 63 DCR 4645.)

Prior Codifications

1981 Ed., § 5-501.

1973 Ed., § 5-301.

Section References

This section is referenced in § 6-701.03.

Cross References

Building regulations, see § 1-303.04.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(117) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 6–701.02. Fire escapes — Commercial buildings; access to escapes; hallway and stairway lights. [Repealed]

Repealed.

(Mar. 19, 1906, 34 Stat. 70, ch. 957, § 2; Mar. 2, 1907, 34 Stat. 1247, ch. 2566; June 4, 1934, 48 Stat. 843, ch. 388; May 18, 2016, D.C. Law 21-118, § 7(b), 63 DCR 4645.)

Prior Codifications

1981 Ed., § 5-502.

1973 Ed., § 5-302.

Section References

This section is referenced in § 6-701.03.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 6–701.03. Duty of owner to provide fire safety measures. [Repealed]

Repealed.

(Mar. 19, 1906, 34 Stat. 70, ch. 957, § 3; Mar. 2, 1907, 34 Stat. 1247, ch. 2566; June 4, 1934, 48 Stat. 843, ch. 388; May 18, 2016, D.C. Law 21-118, § 7(b), 63 DCR 4645.)

Prior Codifications

1981 Ed., § 5-503.

1973 Ed., § 5-303.

Cross References

Fire Protection Study Commission, see § 3-1101 et seq.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2, of Fire Alarm Notice and Tenant Fire Safety Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-314, February 22, 2010, 57 DCR 1649).

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 6–701.03a. Fire safety requirements for high-rise buildings. [Repealed]

Repealed.

§ 6–701.04. Regulations authorized for enforcement of part. [Repealed]

Repealed.

(Mar. 19, 1906, 34 Stat. 71, ch. 957, § 4; June 4, 1934, 48 Stat. 844, ch. 388; May 18, 2016, D.C. Law 21-118, § 7(b), 63 DCR 4645.)

Prior Codifications

1981 Ed., § 5-504.

1973 Ed., § 5-304.

Cross References

Rules and regulations, Council and Mayor, power to make and enforce, see §§ 1-303.03 and 1-303.04.

Editor's Notes

Development of model construction codes: See Act of July 1, 1983, D.C. Law 5-15, 30 DCR 2661.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(118) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 6–701.05. Elevators and stairways extending to basement; exemptions for certain office buildings. [Repealed]

Repealed.

§ 6–701.06. Obstruction of halls and stairways. [Repealed]

Repealed.

§ 6–701.07. Obstruction of fire escapes and approaches. [Repealed]

Repealed.

§ 6–701.08. Violations of part. [Repealed]

Repealed.

(Mar. 19, 1906, 34 Stat. 71, ch. 957, § 8; June 4, 1934, 48 Stat. 845, ch. 388; May 18, 2016, D.C. Law 21-118, § 7(b), 63 DCR 4645.)

Prior Codifications

1981 Ed., § 5-508.

1973 Ed., § 5-308.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 6–701.09. Notice requiring provision of fire safety measures — Contents. [Repealed]

Repealed.

(Mar. 19, 1906, 34 Stat. 71, ch. 957, § 9; June 4, 1934, 48 Stat. 845, ch. 388; May 18, 2016, D.C. Law 21-118, § 7(b), 63 DCR 4645.)

Prior Codifications

1981 Ed., § 5-509.

1973 Ed., § 5-309.

Section References

This section is referenced in § 6-701.10.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 6–701.10. Notice requiring provision of fire safety measures — Service; failure of owner to comply. [Repealed]

Repealed.

(Mar. 19, 1906, 34 Stat. 71, ch. 957, § 10; Mar. 2, 1907, 34 Stat. 1248, ch. 2566, § 1; June 4, 1934, 48 Stat. 845, ch. 388; June 11, 1960, 74 Stat. 203, Pub. L. 86-507, § 1(42); May 18, 2016, D.C. Law 21-118, § 7(b), 63 DCR 4645.)

Prior Codifications

1981 Ed., § 5-510.

1973 Ed., § 5-310.

Cross References

Documentary evidence, prima facie evidence of delivery, certified mail return receipts, see § 14-506.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 6–701.11. Injunction to restrain use of building in violation of part. [Repealed]

Repealed.

(Mar. 19, 1906, 34 Stat. 72, ch. 957, § 11; June 4, 1934, 48 Stat. 846, ch. 388; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 571, Pub. L. 91-358, title I,§ 155(c)(16); May 18, 2016, D.C. Law 21-118, § 7(b), 63 DCR 4645.)

Prior Codifications

1981 Ed., § 5-511.

1973 Ed., § 5-311.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 6–701.12. Definitions. [Repealed]

Repealed.

Part B. Fees; Notices.

§ 6–703.01. Fees for inspection of buildings; fees for annual hauling permits for certain multiaxle motor vehicles.

(a) The Mayor of the District of Columbia is authorized and directed, from time to time, to prescribe a schedule of fees to be paid for inspecting passenger elevators and for inspecting hotels, public halls, moving-picture shows, theaters, and other places of amusement which are required to have annual licenses, and for inspecting buildings which are required by law to have fire escapes; and he is further authorized and directed to impose fees for all inspections of service to be performed by any public officer or employee of the District of Columbia under any law or regulation in force July 11, 1919, or thereafter enacted; said fees to cover the cost and expense of such inspections or service; and a schedule of such fees shall be printed and conspicuously displayed in the office of the said Mayor, and said fees shall be paid to the Collector of Taxes, District of Columbia, and paid for each fiscal year into the General Fund of the District of Columbia. Notwithstanding the provisions of the preceding sentence, in the case of a single unit motor vehicle which has 3 or more axles and is designed to unload itself and which is operated in the District of Columbia under an annual hauling permit of the District of Columbia, the fee for such permit shall be as follows:

(1) $680 if such motor vehicle is first placed in service after July 1, 1970;

(2) If such motor vehicle is in service on or before July 1, 1970, and operated at a gross weight:

(A) In excess of the weight permitted under normal operations under applicable regulations of the Mayor of the District of Columbia but less than 50,000 pounds, a fee of $380;

(B) Of 50,000 pounds or more but less than 55,000 pounds, a fee of $480;

(D) Of 60,000 pounds or more, not to exceed 65,000 pounds, a fee of $680.

(b) The Mayor of the District of Columbia is authorized to increase, from time to time, the fees prescribed by paragraphs (1) and (2) of subsection (a) of this section, taking into account expenditures for the purpose of repairing or replacing highway structures and roadway pavements requiring such repair or replacement as a result of the operation of the motor vehicles for which hauling permit fees are prescribed under the preceding sentence. Proceeds from fees from annual hauling permits for such vehicles shall be deposited in the highway fund created by § 47-2301.

(July 11, 1919, 41 Stat. 69, ch. 7; Feb. 22, 1921, 41 Stat. 1144, ch. 70, § 7; June 28, 1944, 58 Stat. 533, ch. 300, § 18; Jan. 5, 1971, 84 Stat. 1930, Pub. L. 91-650, title I, § 104(a); May 10, 1989, D.C. Law 7-231, § 17, 36 DCR 492; Sept. 14, 2011, D.C. Law 19-21, § 9036, 58 DCR 6226.)

Prior Codifications

1981 Ed., § 5-516.

1973 Ed., § 5-316.

Section References

This section is referenced in § 6-703.02.

Effect of Amendments

D.C. Law 19-21, in subsec. (a), substituted “General Fund” for “Treasury of the United States to the credit of the General Fund”.

Cross References

Fees collected by District, disposition, see § 47

Editor's Notes

Office of Collector of Taxes abolished: The Office of the Collector of Taxes was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. All functions of the Office of the Collector of Taxes including the functions of all officers, employees and subordinate agencies were transferred to the Director, Department of General Administration by Reorganization Order No. 3, dated August 28, 1952. Reorganization Order No. 20, dated November 10, 1952, transferred the functions of the Collector of Taxes to the Finance Office. The same Order provided for the Office of the Collector of Taxes headed by a Collector in the Finance Office and abolished the previously existing Office of the Collector of Taxes. Reorganization Order No. 20 was superseded and replaced by Organization Order No. 121, dated December 12, 1957, which provided that the Finance Office, consisting of the Office of the Finance Officer, Property Tax Division, Revenue Division, Treasury Division, Accounting Division, and Data Processing Division, would continue under the direction and control of the Director of General Administration, and that the Treasury Division would perform the function of collecting revenues of the District of Columbia and depositing the same with the Treasurer of the United States. Organization Order No. 121 was revoked by Organization Order No. 3, dated December 13, 1967, Part IVC of which prescribed the functions of the Finance Office within a newly established Department of General Administration. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Functions of the Finance Office as stated in Part IVC of Organization Order No. 3 were transferred to the Director of the Department of Finance and Revenue by Commissioner’s Order No. 69-96 dated March 7, 1969.

Delegation of Authority

Delegation of authority pursuant to An Act Making Appropriations to Provide for the Expenses of the Government of D.C. for the FY Ending June 30, 1920 and for Other Purposes; and to the License Fees and Charges Act of 1976, see Mayor’s Order 99-158, October 13,

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 6–703.02. Interstate agreement concerning hauling permit fees for certain multiaxle motor vehicles.

The Mayor of the District of Columbia may enter into an interstate agreement with the Commonwealth of Virginia or with the State of Maryland, or with both, which shall stipulate that any person: (1) who operates in the District of Columbia and in the state which is a party to the agreement a single unit motor vehicle which has 3 or more axles and which is designed to unload itself; (2) who has registered that motor vehicle in the District of Columbia or in that state; and (3) who but for the agreement is required to pay the fee for an annual hauling permit prescribed by § 6-703.01, and a similar fee imposed on the motor vehicle by that state, shall not be required to pay a fee described in clause (3) of this section which is imposed by a jurisdiction other than the jurisdiction in which the motor vehicle is registered. If the Mayor enters into an interstate agreement under this section, he may adjust the annual hauling permit fees of the District of Columbia referred to in clause (3) of this section so that the total amount of fees (including registration and inspection fees) required for the operation in the District of Columbia and in each state which is a party to such agreement of the vehicles referred to in clause (1) of this section shall be uniform.

§ 6–703.03. Regulations authorized concerning means of egress and fire safety appliances.

The Council of the District of Columbia, for protection against fire, is hereby authorized, after public hearing, to promulgate regulations to require the owner entitled to the beneficial use, rental, or control of any building now existing or hereafter erected, other than a private dwelling, which is 3 or more stories or over 30 feet in height, or is used as a hospital, school, asylum, sanitarium, convalescent home, or for similar use, or as a place of amusement, public assembly, restaurant, or for similar use, to provide, install and maintain sufficient and suitable means of egress, guide signs, guide lights, exit lights, hall and stairway lights, standpipes, fire extinguishers, alarm gongs and striking stations, and such other appliances as the Council may deem necessary for such buildings.

(Dec. 24, 1942, 56 Stat. 1083, ch. 818, § 1.)

Prior Codifications

1981 Ed., § 5-518.

1973 Ed., § 5-317.

Section References

This section is referenced in § 6-703.04, § 6-703.05, § 6-703.06, § 6-703.07, § 6-703.08, and § 6-703.09.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(119) Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 6–703.04. Occupancy after receipt of notice.

It shall be unlawful for any person to occupy any building 30 days after notice in writing from the Mayor of the District of Columbia or his designated agents that the owner entitled to the beneficial use, rental, or control of any building has failed or neglected to comply with the notice provided for by § 6-703.05 to provide any such building with means of egress or appliances required by the regulations promulgated by the Council of the District of Columbia under § 6-703.03.

(Dec. 24, 1942, 56 Stat. 1083, ch. 818, § 2.)

Prior Codifications

1981 Ed., § 5-519.

1973 Ed., § 5-318.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 6–703.05. Notice requiring installation of means of egress or fire safety appliances.

The notice from the Mayor of the District of Columbia requiring the erection of means of egress and other appliances required by the regulations promulgated under § 6-703.03 shall specify the character and number of means of egress or other appliances to be provided, the location of the same, and the time within which said means of egress or other appliances shall be provided, and in no case shall more than 90 days be allowed for compliance with said notice unless the Mayor shall, in his discretion, deem it necessary to extend their time.

(Dec. 24, 1942, 56 Stat. 1084, ch. 818, § 3.)

Prior Codifications

1981 Ed., § 5-520.

1973 Ed., § 5-319.

Section References

This section is referenced in § 6-703.04 and § 6-703.08.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 6–703.06. Violation of §§ 6-703.03 to 6-703.09.

Any owner entitled to the beneficial use, rental, or control of any building failing or neglecting to provide means of egress, guide signs, guide lights, exit lights, hall and stairway lights, standpipes, fire extinguishers, alarm gongs and striking stations, or other appliances required by the regulations promulgated under §§ 6-703.03 to 6-703.09 after notice from the Mayor of the District of Columbia or his designated agents so to do, shall, upon conviction thereof, be punished by a fine of not less than $10 nor more than $100 per day for each and every day he fails to comply with such notice. Any person violating any other provision of §§ 6-703.03 to 6-703.09 or regulations promulgated hereunder shall be punished, upon conviction thereof, by a fine of not less than $10 nor more than $100 per day for each and every day such violation exists.

(Dec. 24, 1942, 56 Stat. 1084, ch. 818, § 4.)

Prior Codifications

1981 Ed., § 5-521.

1973 Ed., § 5-320.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 6–703.07. Service of notice.

Any notice required by §§ 6-703.03 to 6-703.09 shall be deemed to have been served if delivered to the person to be notified or left with any adult person at the usual residence or place of business of the person to be notified in the District of Columbia, or, if no such residence or place of business can be found in said District of Columbia by reasonable search, if left with any adult person at the office of any agent of the person to be notified, provided such agent has any authority or duty with reference to the building to which said notice relates, or, if no such office can be found in said District, by reasonable search, if forwarded by registered mail or by certified mail to the last known address of the person to be notified and not returned by the post office authorities, or, if no address be known or can by reasonable diligence be ascertained, or if any notice forwarded as authorized by the preceding clause of this section be returned by the post office authorities, if published on 10 consecutive days in a daily newspaper published in the District of Columbia, or, if by reason of an outstanding unrecorded transfer of title, the name of the owner in fact cannot be ascertained beyond a reasonable doubt, if served on the owner of record in the manner hereinbefore provided or delivered to the agent, trustee, executor, or other legal representative of the estate of such person. Any notice to a corporation shall, for the purposes of §§ 6-703.03 to 6-703.09, be deemed to have been served on such corporation if served on the president, secretary, treasurer, general manager, or any principal officer of such corporation in the manner hereinbefore provided for the services of notices on natural persons holding property in their own right, or if no such officer can be found in said District by reasonable search, then by publication for 10 consecutive days in a daily newspaper published in the District of Columbia, and notice to a foreign corporation shall, for the purposes of §§ 6-703.03 to 6-703.09, be deemed to have been served if served on any agent of such corporation personally or if left with any person of suitable age and discretion residing at the usual residence or employed at the usual place of business of such agent in the District of Columbia, or if published on 10 consecutive days in a daily newspaper published in the District of Columbia.

§ 6–703.08. Failure of owner to comply with notice.

In case of failure or refusal of the owner entitled to the beneficial use, rental, or control of any building required by the regulations promulgated under §§ 6-703.03 to 6-703.09 to comply with the requirements of the notice provided for in § 6-703.05, the Mayor of the District of Columbia or his designated agents are hereby empowered to cause such construction and installation of means of egress and other appliances mentioned in the notice provided for, and the Mayor is hereby authorized to assess the costs thereof as a tax against the buildings on which they are erected and the ground on which the same stands, said assessment to bear interest at the rate and be collected in the manner provided in § 47-1205.

(Dec. 24, 1942, 56 Stat. 1084, ch. 818, § 6.)

Prior Codifications

1981 Ed., § 5-523.

1973 Ed., § 5-322.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 6–703.09. Injunction to restrain use of building in violation of §§ 6-703.03 to 6-703.09.

The Superior Court of the District of Columbia, in term time or in vacation, may upon a petition of the District of Columbia filed by its said Mayor, issue an injunction to restrain the use or occupation of any building in the District of Columbia in violation of any of the provisions of §§ 6-703.03 to 6-703.09 or of the regulations promulgated under §§ 6-703.03 to 6-703.09 by the owner, lessee, or occupant.

(Dec. 24, 1942, 56 Stat. 1085, ch. 818, § 7; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 571, Pub. L. 91-358, title I, § 155(c)(17).)

Prior Codifications

1981 Ed., § 5-524.

1973 Ed., § 5-323.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

Subchapter II. Correcting Conditions Violative of Law.

§ 6–711.01. Mayor may correct conditions violative of law; assessment of cost; lien on property; fund to pay costs; summary corrective action of life-or-health threatening condition. [Transferred]

Recodified as § 42-3131.01.

§ 6–711.02. Inspection of buildings for violative conditions; interference with inspection.

Recodified as § 42-3131.02.

§ 6–711.03. Inspection of buildings for violative conditions; interference with inspection.

Recodified as § 42-3131.03.

Subchapter III. Alterations to Rental Units Causing Violations of Housing Regulations After Notice to Vacate.

§ 6–731.01. Prohibited.

Notwithstanding any other provision of law except §§ 6-731.02 and 6-731.03, no person shall, during the period of time after the giving of a notice to vacate any rental unit (as defined by Chapter 35 of Title 42) and before the actual vacation of such unit, cause any alteration to the structure, plumbing apparatus, or electrical apparatus of the housing accommodation (as defined by Chapter 35 of Title 42) in which such unit is located, the result of which alteration is to cause such rental unit to come to be in substantial violation (or, if already in substantial violation, to be in greater violation) of the housing regulations of the District of Columbia for a period of time in excess of 24 hours; provided, that it shall not be a defense to an allegation of a violation of this section that the notice to vacate was invalid.

§ 6–731.02. Exemption by consent of tenants.

Section 6-731.01 shall not apply to any person performing any alteration upon any housing accommodation if the tenants of unvacated rental units, which are the subject of notices to vacate and which can reasonably be expected to be caused by the alteration to come to be in substantial violation (or, if already in substantial violation, to be in greater violation) of the housing regulations of the District of Columbia for a period of time in excess of 24 hours, agree in writing to the alteration after receiving written notice of the alteration and its effect upon the habitability of the affected units.

§ 6–731.03. Exemption by Mayor.

The Mayor of the District of Columbia, or his designee, may grant an exemption from the provisions of § 6-731.01 in the event he, or his designee, inspects a housing accommodation wherein there are unvacated units subject to a notice to vacate and finds that a proposed alteration, while it may cause such a rental unit to come to be in substantial violation (or, if already in substantial violation, to be in greater violation) of the housing regulations of the District of Columbia for a period of time in excess of 24 hours, is, nevertheless, necessary for the immediate safety of the habitants of the accommodation.

§ 6–731.04. Penalty.

Any person violating § 6-731.01 shall be imprisoned for not more than 10 days, fined not more than $300, or both.

Subchapter IV. Smoke Detectors.

§ 6–751.01. Definitions.

For the purposes of this subchapter, the term:

(1) "Construction Codes" means the most recent edition of the codes published by the International Code Council, or by a comparable nationally recognized and accepted code development organization, as adopted and amended by the Construction Codes Supplement by the District of Columbia pursuant to the procedures set forth in § 6-1409, and in Title 12 of the District of Columbia Municipal Regulations, or any successor regulations.

(2) "Construction Codes Supplement" means the additions, insertions, deletions, and changes to the Model Codes adopted by the District pursuant to § 6-1409.

(3) "Dwelling unit" means a structure, building, area, room, or combination of rooms occupied by a person for sleeping or living.

(4)(A) "Owner" means any person, who alone or jointly or severally with other persons, has legal title to a premises, including:

(i) An agent, officer, fiduciary, or employee of the owner;

(ii) The committee, conservator, or legal guardian of an owner who is non compos mentis or otherwise under a disability or who is a minor;

(iii) A trustee, elected or appointed, or a person required by law to execute a trust, other than a trustee under a deed of trust, to secure the payment of money; or

(iv) An executor, administrator, receiver, fiduciary, or an officer appointed by a court, or other similar representative of the owner or the owner’s estate.

(B) The term "owner" does not include a lessee, sublessee, or other person who merely has the right to occupy or possess a premises.

(June 20, 1978, D.C. Law 2-81, § 2, 24 DCR 9050; Mar. 9, 1988, D.C. Law 7-84, § 2(a), 34 DCR 8122; Apr. 24, 2007, D.C. Law 16-305, § 20, 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 14, 59 DCR 5567; May 18, 2016, D.C. Law 21-118, § 2(a), 63 DCR 4645.)

Prior Codifications

1981 Ed., § 5-529.

1973 Ed., § 5-328.

Effect of Amendments

D.C. Law 16-305, in par. (5)(B), substituted “persons with mental retardation” for “the mentally retarded”.

The 2012 amendment by D.C. Law 19-169 substituted “intellectual disabilities” for “mental retardation” in (5)(B).

Editor's Notes

Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.

§ 6–751.02. Duty of owner to install detectors.

The owner of each new and existing occupied dwelling unit shall be responsible for installing smoke detectors and carbon monoxide detectors in accordance with the Construction Codes.

§ 6–751.02a. Visual alert systems. [Repealed]

Repealed.

§ 6–751.03. Locations. [Repealed]

Repealed.

§ 6–751.04. Equipment. [Repealed]

Repealed.

§ 6–751.05. Installation. [Repealed]

Repealed.

(June 20, 1978, D.C. Law 2-81, § 6, 24 DCR 9050; May 18, 2016, D.C. Law 21-118, § 2(b), 63 DCR 4645.)

Prior Codifications

1981 Ed., § 5-533.

1973 Ed., § 5-332.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2 of Fire Alarm Notice and Tenant Fire Safety Emergency Amendment Act of 2009 (D.C. Act 18-33, March 16, 2009, 56 DCR 2340).

For temporary (90 day) amendment of section, see § 2 of Fire Alarm Notice and Tenant Fire Safety Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-110, June 18, 2009, 56 DCR 4936).

Temporary Legislation

Section 2 of D.C. Law 18-22 added subsec. (d) to read as follows:

“(d)(1) Within 30 days of the effective date of the Fire Alarm Notice and Tenant Fire Safety Emergency Amendment Act of 2009, passed on emergency basis on March 3, 2009 (Enrolled version of Bill 18-168), and in addition to any existing requirements in law or regulation, an owner of a building containing 2 or more dwelling or rooming units shall provide written notice, in a language delineated by the Language Access Act of 2004, effective June 19, 2004 (D.C. Law 15-167; D.C. Official Code § 2-1931 et seq.), as necessary, to each tenant by first class mail, and post notice in conspicuous places in common areas of the building, as required in this subsection. Written notice shall also be provided to each new tenant, as required in this subsection. The Mayor shall provide a sample form of the notice required by this subsection.

“(2) The written notice shall include, at a minimum, instructions on the operation of a building fire alarm, whether this alarm is separate from the smoke alarms in individual apartments, and a statement that the building alarm is not necessarily connected to the fire department or emergency rescue, and that, in the event of a fire, they must be contacted immediately by calling 911.

“(3) Failure to post notice as required by this subsection shall be a violation of this act, and subject to penalties as provided in this act.

“(4) In addition to the notice required by this subsection, the owner, or the owner’s agent, shall maintain a fire safety plan and conduct fire drills in each building that is subject to the provisions of this subsection, and contains 5 or more units, at least once every 12 months.”

Section 4(b) of D.C. Law 18-22 provided that the act shall expire after 225 days of its having taken effect.

§ 6–751.05a. Smoke and carbon monoxide detector and battery program.

(a) The Mayor shall develop a program to test and install smoke and carbon monoxide detectors and batteries in District residences, and to educate District residents on the use of the detectors. The program shall be re-developed annually. The program may include:

(1) Door-to-door outreach;

(2) A public information campaign, including printed and mass media materials, or community events in each ward of the District;

(3) The provision or installation of a smoke or combination smoke/carbon monoxide detector in a person’s residence; and

(4) Detector installation by personnel of the Fire and Emergency Medical Services Department, other District personnel, or such other persons who are willing to provide this service at no cost on behalf of the District.

(b) The program shall specify that any person who agrees to receive and install a smoke or combination smoke/carbon monoxide detector shall permit a representative of the Fire and Emergency Medical Services Department to inspect the installation of the unit to confirm that the installation occurred and was done properly.

(c) Any resident or property owner participating in the program shall indemnify and hold harmless the District, its officers, employees, agents, and assigns for the provision and installation of the smoke or combination smoke/carbon monoxide detectors or batteries.

§ 6–751.05b. Annual report on smoke and carbon monoxide detector and battery program.

(a)(1) No later than December 31st of each year, the Mayor shall provide to the Council an annual report on the smoke and carbon monoxide detector and battery program for the previous fiscal year.

(2) The annual report on the smoke and carbon monoxide detector and battery program may be included in an annual report of the Fire and Emergency Medical Services Department if the annual report is issued by December 31st following the end of the fiscal year.

(b) The annual report shall include the following information, pertaining to the fiscal year:

(1) Number of smoke and carbon monoxide detectors installed;

(2) Amount of monetary donations received;

(3) Amount of in-kind donations received;

(4) Number of hours contributed by Fire and Emergency Medical Services Department personnel in developing and implementing this program;

(5) Statistics on the number of fires in the District, including information on the number of fires with no smoke detectors or less than fully functional smoke detectors; and

(6) Additional information regarding the effectiveness of the program.

§ 6–751.05c. Acceptance of gifts and grants of smoke and carbon monoxide detectors, batteries, and funds; authority to purchase detectors and batteries.

Notwithstanding any other provision of law, the Mayor may accept gifts and grants of smoke and carbon monoxide detectors, batteries, and funds to conduct a program to provide detectors and batteries free of charge to residents of the District, and to install or arrange for the installation of detectors free of charge to residents. The Mayor may use donated funds to purchase or contract to purchase smoke and carbon monoxide detectors and batteries to conduct the program. The funding source for such contracts shall include any funds annually appropriated for this purpose, any funds accepted under this section, and block grant and other grant monies as available.

§ 6–751.06. Maintenance. [Repealed]

Repealed.

§ 6–751.07. Permits. [Repealed]

Repealed.

§ 6–751.08. Other applicable standards. [Repealed]

Repealed.

§ 6–751.09. Civil penalties. [Repealed]

Repealed.

§ 6–751.10. Installation by tenant. [Repealed]

Repealed.

§ 6–751.11. Smoke detector and fire alarm notice. [Repealed]

Repealed.

(June 20, 1978, D.C. Law 2-81, § 9c; as added Mar. 11, 2010, D.C. Law 18-116, § 3, 57 DCR 893; May 18, 2016, D.C. Law 21-118, § 2(b), 63 DCR 4645.)

Cross References

Abandoned and Junk Vehicle Division, duties, junk vehicles on private property, see § 50-2402.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 - 3 of the Private Security Camera Incentive Program Emergency Act of 2016 (D.C. Act 21-274, Jan. 15, 2016, 63 DCR 803).

Temporary Legislation

For temporary (225 days) addition of section, see § 2 - 3 of the Private Security Camera Incentive Program Temporary Act of 2016 D.C. Law 21-97, April 6, 2016, 63 DCR 2208, 20 DCSTAT 3132).

Delegation of Authority

Delegation of Authority under the Fire Alarm Notice and Tenant Fire Safety Emergency Amendment Act of 2009, see Mayor’s Order 2009-101, June 12, 2009 ( 56 DCR 6844).