Title 16 DCMR — CONSUMERS, COMMERCIAL PRACTICES, AND CIVIL INFRACTIONS

16-1 CONSUMER RETAIL CREDIT

16 DCMR § 100 GENERAL PROVISIONS

100.1 The provisions of this chapter were adopted by the District of Columbia Council as the "District of Columbia Consumer Retail Credit Regulations," Regulation No. 71-18, approved June 11, 1971, under the Council's powers to make police regulations for the protection of lives, limbs, health, comfort and quiet of all persons and the protection of all property within the District of Columbia.

100.2 The District of Columbia Council has determined that an effective program for the protection of consumers in connection with retail installment credit transactions is necessary for the protection of the health, comfort and quiet of all persons, and the protection of all property within the District of Columbia.

16 DCMR § 101 TRUTH IN LENDING: FEDERAL LAW AND REGULATIONS

101.1 Except as otherwise specifically provided in this chapter, the following sections of the federal "Truth in Lending Act" (Pub. L. 90-321, 82 Stat. 146), as amended, are incorporated in this chapter by reference:

(a) Section 106 - Determination of finance charge;

(b) Section 107 - Determination of annual percentage rate;

(d) Section 122 - Form of disclosure;

(e) Section 124 - Effect of subsequent occurrence;

(f) Section 127 - Open end consumer credit plans;

(g) Section 128 - Sales not under open end credit plans;

(h) Section 141 - Catalogs and multiple page advertisements;

(i) Section 142 - Advertising of down payments and installments;

(j) Section 143 - Advertising of open end credit plans;

(k) Section 144 - Advertising of credit other than open end plans; and

(l) Section 145 - Non-liability of media.

101.2 Failure of any person covered by this chapter to comply with the sections of the "Truth in Lending Act" incorporated by reference in this section, as implemented by regulations issued by the Board of Governors of the Federal Reserve System, shall constitute a violation of this chapter.

101.3 Except to the extent provided in this chapter, compliance with the incorporated sections of the "Truth in Lending Act" shall constitute compliance with this section.

16 DCMR § 102 REGISTRATION OF RETAIL SELLERS AND FINANCE COMPANIES

102.1 Any person who is a retail seller or a sales finance company shall register with the Department of Consumer and Regulatory Affairs (Department) as provided in this section.

102.2 Any person not registered, whose registration has been denied or suspended, or who has been deregistered as provided in this section shall not engage in business as a "retail seller" or as a "sales finance company."

102.3 Each person required to be registered shall furnish to the Department the registration information required on a form prescribed by the Department. The form shall require that the registrant provide the following information:

(a) Name of the person (registrant);

(b) Name under which business is transacted, if different from subparagraph (a);

(c) The names and addresses of the principal officers, if a corporation; if a partnership, the name and address of each partner;

(d) The address of the principal office, whether or not it is located inside the District;

(e) The addresses of all offices or retail stores, if any, in the District at which retail installment transactions are made, or in the case of a person taking assignments of obligations, the offices or places of business within the District at which that business is transacted;

(f) The names and home addresses of the persons who hold or own twenty-five percent (25%) or more of the interest in the person, firm, or organization engaged in retail installment transactions;

(g) The identity of all parent and subsidiary companies and companies under common ownership with the registrant which engage in retail installment transactions or sales financing in the District;

(h) If retail installment transactions are made otherwise than at an office or retail store in the District, a brief description of the manner in which they are made; and

(i) The name and address of the attorney-in-fact or general agent upon whom service of process may be made in the District.

102.4 At the same time that the information is furnished under § 102.3, each person required to be registered shall submit to the Department a copy of the retail installment contract forms used by the registrant at the time of submission in connection with transactions covered by this chapter.

102.5 Each registration form shall be signed by the registrant or a principal officer of a registrant organization.

102.6 If any information submitted pursuant to this section becomes inaccurate, the registrant shall furnish the accurate information to the Department within twenty (20) calendar days thereafter, except as otherwise provided in § 103.

102.7 No person whose registration has been suspended pursuant to the provisions of this chapter shall be re-registered other than in accordance with the terms of the order of suspension.

102.8 No corporation or partnership shall be registered if a deregistration order is then outstanding against any individual who is an officer of the corporation, a partner in the partnership, or any individual who holds or owns twenty- five percent (25%) or more interest in the registrant.

102.9 After a registration form has been submitted, the Department shall return a duplicate copy to the registrant which shall be validated by the Department to evidence the registrant's registration.

102.10 The validated form shall contain a registration number furnished by the Department.

102.11 The registration or a photocopy of the registration shall be posted and visible in a conspicuous place in each place of business in the District maintained by the registrant.

102.12 If a registrant transacts business through door-to-door solicitation, the registrant shall provide, upon request, a copy of the validated registration form at the time a solicitation is made.

102.13 Each registrant shall re-register every two (2) years beginning on the date stated in the validated copy of the registration form returned to the registrant by the Department under § 102.9.

102.14 Re-registration shall comply with the requirements of §§ 102.3 through 102.6, except that the information and materials required to be furnished shall be submitted to the Department no later than sixty (60) days before the expiration date of the registration.

16 DCMR § 103 APPOINTMENT OF ATTORNEY-IN-FACT OR GENERAL AGENT

103.1 Each person covered under this chapter who is a nonresident of the District shall appoint or employ and maintain in the District an attorney-in-fact or general agent upon whom all judicial and other process or legal notice directed to the nonresident may be served relative to conduct subject to this chapter or other laws relating to retail installment transactions.

103.2 The attorney-in-fact or general agent appointed or employed under this section must be a resident of the District.

103.3 The nonresident registrant shall notify the Department of the appointment or employment and the name and address of the appointee or employee.

103.4 Within five (5) business days after any change in the appointment or employment of the attorney-in-fact or general agent, the nonresident registrant shall notify the Department of the identity and the address of the substituted appointee or employee.

103.5 If a person fails to appoint or maintain a registered agent in the District, or whenever the registered agent cannot with reasonable diligence be found at the registered office of that person in the District, or whenever the registration of that person shall be revoked, the Department shall be an agent upon whom any process or other legal notice may be served and upon whom any notice or demand required or permitted by law to be served upon such person may be served.

103.6 Service on the Department of any process, notice, or demand shall be made by delivering to and leaving with the Director of the Department or the Director's designated agent duplicate copies of the process, notice, or demand.

103.7 If the Department is served under § 103.5, the Department shall cause one copy of the process, notice, or demand to be forwarded by registered or certified mail to the last known address of the registrant.

103.8 The Department shall keep a record of all processes, notices, and demands served upon it under this section, and shall record the time of the service and the action taken by the Department under § 103.7.

16 DCMR § 104 EXAMINATIONS AND INVESTIGATIONS

104.1 For the purpose of discovering violations of this chapter, the Department may at any time investigate the transactions, business, and records of any person subject to this chapter relating to matters covered by this chapter.

104.2 If any records subject to this section are located outside the District, the registrant shall at his or her option, either make them available to the Department at a convenient location within the District, or pay the reasonable and necessary expenses for the Director of the Department or his or her representative to examine them at the place where they are maintained.

104.3 The Director of the Department may designate representatives, including comparable officials of the State in which the records are located, to inspect them on his or her behalf.

16 DCMR § 105 RETAIL INSTALLMENT CONTRACTS: ADDITIONAL DISCLOSURES

105.1 In addition to the disclosures required under § 101, the additional disclosures set forth in this section are required to be set out in a retail installment contract, separately and below any disclosures required under § 101, if not made in connection with § 101.

105.2 To the extent that the disclosure of "cash price" includes the cash price of delivery, installation, servicing, repairs, alterations or improvements, the charge made for such items shall be stated. For the purposes of this chapter, the amount by which the cash price stated in a retail installment contract exceeds the cash price of goods or services offered by the seller to other buyers in the ordinary course of business shall be deemed a finance charge.

105.3 Each retail installment contract shall include the name, address, and telephone number, if any, of both the seller and the buyer.

105.4 Each retail installment contract shall contain a description of the goods or services purchased, including, where applicable, the trade name, and the model number of the goods.

105.5 If the goods are used, seconds, or damaged, the contract shall so state.

105.6 If the seller takes collateral to secure the buyer's obligations under the agreement, a description of the collateral shall be set forth in the contract.

105.7 The seller shall disclose whether a financial benefit could inure to the seller by way of commission, rebate, or otherwise resulting from the buyer's obtaining any insurance coverage offered or arranged for by the seller if the seller, in connection with a retail installment contract, offers or arranges for any of the following:

(a) Credit life, accident, or health insurance;

(b) Insurance against loss of or damage to property;

(d) Insurance protecting the seller against the buyer's default or other credit loss.

16 DCMR § 106 RETAIL INSTALLMENT CONTRACTS: FORM AND CONTENT

106.1 Except in series of sales transactions, each retail installment contract shall be contained in a single document, each page of which shall be signed by both the buyer and the seller.

106.2 At the top of the first page of the agreement, there shall be stated in at least twelve-point extra bold type the words "RETAIL INSTALLMENT CONTRACT."

106.3 If the printed terms of each contract are contained on both sides of a page, there shall appear on the first page the following words in boldface type: "NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION."

106.4 If the terms of a retail installment contract are contained on more than two (2) sides of each preceding page, the following words shall appear on each page in boldface type: "THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE."

16 DCMR § 107 RETAIL INSTALLMENT CONTRACTS: DELIVERY OF COPY OF CONTRACT

107.1 Except as provided in § 107.2, the seller shall deliver to the buyer, or mail to the buyer at his or her address shown on the retail installment contract, a legible, executed, and completed copy of the contract prior to the delivery of the consumer goods or services or prior to the consummation of the transaction, whichever occurs first.

107.2 If the transaction is one of a series of sales, the other disclosures for the particular sale required by §§ 105, 106, and this section may be made at any time not later than the date the first payment for that sale is due if the seller furnishes the buyer a memorandum of the sale at the time the sale is consummated or the goods are delivered, whichever occurs first, that clearly sets forth the following:

(a) The cash price of the goods or services sold;

(b) A statement that the goods are used, seconds, or damaged, if applicable; and

16 DCMR § 108 ADDITIONAL DISCLOSURES WITH RESPECT TO OPEN END CREDIT

108.1 If the seller, in connection with an open end credit account offers or arranges for credit life, accident, or health insurance; insurance against loss of or damage to property or against liability arising out of ownership or use of property; or insurance protecting the seller against the buyer's default or other credit loss, the seller shall disclose whether a financial interest could inure to the seller by way of commission, rebate, or otherwise resulting from the buyer's obtaining the insurance coverage offered or arranged for the seller.

108.2 The disclosure required by § 108.1 shall be made before the first transaction on an open end credit account in a single written statement which the customer may retain.

108.3 If any goods sold pursuant to an open end credit account are used, seconds, or damaged, the seller shall disclose that fact in writing to the buyer at the time of the sale. The disclosure may be made on a sales receipt issued in connection with the sale.

16 DCMR § 109 PROHIBITION AGAINST SIGNING BLANK OR INCOMPLETED CONTRACT FORM

109.1 No person covered by this chapter shall cause or permit any contract or other document relating to a retail installment transaction to be signed by the buyer before all blank spaces (other than signature spaces) are filled in with easily legible writing and such seller has submitted to the buyer the completed contract or other document and given the buyer a reasonable opportunity to examine it.

109.2 Each contract shall contain a notice, satisfactory to the Department stating in substance that the buyer shall not sign the contract in blank and that the buyer is entitled to a readable copy of the contract at the time he or she signs it. The notice required by this subsection shall be printed in bold type not smaller than ten point (10 pt.).

16 DCMR § 110 ACKNOWLEDGMENT OF DELIVERY OF CONTRACT

110.1 Any acknowledgment by the buyer of delivery of a copy of the contract shall be a rebuttable presumption of that delivery.

110.2 Acknowledgments may contain statements to the effect that "buyer acknowledges that before buyer signed the contract, seller submitted the contract to buyer with all blank spaces filled in; that buyer had a reasonable opportunity to examine it; and that thereafter a legible, executed, and completed copy was delivered to the buyer."

16 DCMR § 111 REQUIREMENT FOR PROPERTY INSURANCE PROHIBITED

111.1 Unless otherwise required by law, no seller, as a condition to the extension of credit, shall require a buyer to obtain insurance against loss of or damage to property which is the subject of a sale, or against liability arising out of the ownership or use of the property.

111.2 The provisions of § 111.1 shall not apply to transactions where the sales price of the property is one thousand dollars ($ 1,000) or more.

111.3 If the sales price of property sold is one thousand dollars ($ 1,000) or more, the amount of loss or damage insurance a seller may require a buyer to obtain, as a condition to the extension of credit to the buyer, shall not exceed the sales price of the property insured.

16 DCMR § 112 VALIDITY OF COMPLETION CERTIFICATE

112.1 In any transaction involving the modernization, rehabilitation, repair, alteration, improvement, or construction of real property, a writing signed by the buyer that the work has been satisfactorily completed shall not be valid or of any effect unless the work to be performed by the seller has been actually completed prior to the time of signing.

16 DCMR § 113 WAIVER OF REGULATIONS PROHIBITED

113.1 Except as provided in §§ 119.2 through 119.4, no provision shall be inserted in any retail installment contract, contract extension, or refinancing agreement designed to nullify and make ineffective the provisions of this chapter, or otherwise deprive a retail buyer of the protection afforded by this chapter.

113.2 No provision shall be inserted in any contract or agreement by which the buyer waives or purports to waive any provision of this chapter.

113.3 The insertion in any contract or agreement of a provision designed or intended to nullify this chapter, or to waive the requirements of this chapter, shall constitute a violation of this chapter, and, in addition, that provision shall be void and of no effect.

16 DCMR § 114 THIRD PARTY TRANSACTIONS

114.1 Any promissory note taken in connection with a retail installment contract subject to this chapter shall state on its face: "THIS INSTRUMENT IS SUBJECT TO A RETAIL INSTALLMENT CONTRACT."

16 DCMR § 115 PROHIBITED CONTRACT FORM PROVISIONS

115.1 No person subject to this chapter shall use any contract form or any other instrument arising in connection with a retail installment transaction which contains any of the following:

(a) Any schedule of payments under which any one installment, except the downpayment, is not equal or substantially equal to all other installments, excluding the downpayment, or under which the intervals between any consecutive installments differ substantially, except as follows:

(1) The intervals for the first installment payment may be longer or shorter than the other intervals;

(2) The final installment payment may be less in amount than the preceding installment payment; and

(3) If a buyer's livelihood is dependent upon seasonal or intermittent income, the seller and the buyer may agree that one or more installment payments in the schedule of payments may be reduced or deferred;

(b) Any provision for the acceleration of the time when any part or all of the indebtedness becomes payable other than for a substantial default in payment or performance by the buyer, or on the same grounds that would authorize an attachment before judgment under D.C. Code §§ 16-501(d)(3)-(5) (1981 Ed.);

(c) Any provision by which the buyer agrees not to assert against a seller, or against an assignee, any claim or defense arising from the sale of the consumer goods or services which are the subject matter of the contract;

(d) Any provision by which the buyer grants authority to the seller or assignee to enter the buyer's premises without consent of the buyer obtained immediately prior to entering the premises to repossess the collateral, if any;

(e) Any provision by which the buyer waives any right of action against the seller, assignee, or other person acting on behalf of either, for any illegal act committed in the collection of payments under the contract or in the repossession of goods;

(f) Any provision whereby the buyer executes a power of attorney appointing the seller, assignee, or other persons acting in the seller's behalf, as the buyer's agent in the collection of payments under the contract or in the repossession of collateral security;

(g) Any provision for the payment by the buyer of attorney's fees incurred by the seller or the seller's assignee in the collection of the debt created by the contract; or

(h) Any provision permitting a seller or seller's assignee on default of the buyer to take possession of the goods sold under the contract, unless the contract expressly waives all claims against the buyer for any deficiency between the proceeds of the disposition and the outstanding balance due on the contract.

115.2 Notwithstanding any other provision of this section, any written provision in a retail installment contract or agreement which provides for settlement by arbitration of any controversy thereafter arising out of or related to the contract or agreement or breach of the contract or agreement, or any agreement in writing to submit to arbitration of any controversy, shall not be unenforceable or made invalid by reason of this chapter.

16 DCMR § 116 RECEIPTS: STATEMENT OF ACCOUNT

116.1 When any payment is made on account of any retail installment contract, the seller receiving the payment shall, if the payment is made in cash, give the buyer a written receipt for the payment including the date and amount of payment.

116.2 If the buyer specifies that the payment is made on one of several obligations, the receipt shall state the obligation(s) to which the payment is to be applied.

116.3 With respect to other than an open end credit plan, within six (6) months after the execution of a retail installment transaction, and within every six-month period thereafter until the buyer has discharged all obligations under the contract, the seller or a subsequent assignee, in addition to any other statements or notices required by this chapter, shall send to the buyer upon written request a statement of account which shall list the following items:

(a) The annual percentage rate or rates;

(b) The amounts, if any, which have become due but remain unpaid, setting forth any charge for delinquencies, expenses of repossession, and extensions; and

116.4 The buyer shall be entitled to only one statement under § 116.3 in any six-month period free of charge. The sum of one dollar ($ 1.00) may be charged for each additional written statement requested by the buyer before supplying the additional written statement.

16 DCMR § 117 ACKNOWLEDGEMENT OF PAYMENT IN FULL

117.1 Promptly on written request and in any event within sixty (60) days after payment of all sums for which the buyer is obligated under a retain installment contract, the seller or assignee shall mail or deliver to the buyer sufficient instruments to indicate payment in full and to release all security in the collateral, if any, under the contract.

117.2 Delivery, including delivery by mail, of the instruments shall be to the buyer's last known address.

16 DCMR § 118 REPOSSESSION

118.1 If a buyer is in default in the payment of any sum due under a contract subject to this chapter or in the performance of any lawful condition imposed by the contract, the seller or seller's assignee may when authorized by law repossess the goods secured under the contract.

118.2 Unless the goods can be repossessed with the permission of the possessor obtained immediately prior to the repossession, and without use of force, intimidation, undue influence, fraud, or breach of the peace, the goods shall be not repossessed except by legal process.

118.3 Nothing in this section shall be construed to authorize violation of the criminal laws of the District of Columbia.

118.4 The disposition of repossessed goods and the application of any sums realized by the disposition, shall be in accordance with applicable statutory law, including D.C. Code §§ 28:9-504 and §§ 28:9-505 (1981 Ed.).

118.5 The seller or the seller's assignee must account to the buyer for any surplus from the proceeds of disposition as provided by D.C. Code § 28:9-504(2)(1981 Ed.), notwithstanding the absence of buyer liability for a deficiency.

16 DCMR § 119 DUTIES ON REPOSSESSION AND BUYER'S RIGHT OF REDEMPTION

119.1 Within five (5) days after any consumer goods are repossessed, the seller or subsequent assignee shall deliver to the buyer personally, or send to the buyer by registered or certified mail to his or her last known address, a written notice stating the following:

(a) A general description of the goods and a statement that the goods have been repossessed;

(b) The buyer's right to redeem and the amount due and payable;

(d) The exact address where the consumer goods are stored and the exact address where any payment is to be made or notice delivered.

119.2 For thirty (30) days after notice has been delivered personally or mailed, the seller or assignee shall retain the repossessed goods, during which period the buyer may redeem the goods and become entitled to take possession of the goods.

119.3 If the seller or assignee does not maintain a place of business within the District at which the buyer may exercise redemption rights, goods repossessed within the District may not be removed from the District unless the goods are repossessed pursuant to legal process and an adequate bond is posted to protect the buyer.

119.4 Whenever repossessed goods are removed from the District, no fee or cost shall be charged to the buyer for transporting the goods outside the District, and upon redemption the goods shall be returned and made available to the buyer within the District without additional transportation charges.

119.5 Notwithstanding any other provisions of this chapter, the redemption period provided in this section may be waived by written agreement between the buyer and the seller following repossession of the goods.

119.6 To redeem the consumer goods, the buyer shall do the following:

(a) Pay or tender the amount due under the installment contract;

(b) Perform or tender performance of any other promise for the breach of which the consumer goods were repossessed; and

16 DCMR § 120 DE-REGISTRATION

120.1 If the Director of the Department or his or her designee believes there is evidence to indicate a persistent pattern of conduct by a registrant in violation of this chapter, the Department may give notice to the registrant of the Department's intent to hold a hearing to determine whether the registrant's registration under this chapter should be suspended.

120.2 The hearing shall be scheduled not sooner than fifteen (15) days from the date of the notice.

120.3 The notice to be given by the Department shall state the time and place for the hearing and the basis upon which the Department proposes to suspend the registrant's registration.

120.4 The notice shall be served upon the registrant personally or be served by one of the following means:

(a) By leaving the notice at the last business address (or home address, if there is no business address) of which the Department has been given notice by the registrant; or

(b) By mailing the notice by certified mail to the last business address (or home address if there is no business address) of which the Department has been given notice by the registrant; or

120.5 Notice of the hearing shall be published in the D.C. Register at least fifteen (15) days prior to the date of the hearing.

120.6 The Department shall conduct the hearing in accordance with the provisions of § 10 of the D.C. Administrative Procedure Act (D.C. Code § 1-1509 (1981 Ed.)).

120.7 If, on the basis of the evidence, the Director of the Department or his or her designee is satisfied that the registrant has engaged in a persistent pattern of conduct that is in violation of this chapter, he or she may issue an order suspending the registrant's registration for such time and under such circumstances as the Department deems proper, including, but not limited to a permanent suspension of the registration.

120.8 The Director of the Department is authorized to promulgate rules of procedure to govern such hearings, consistent with the D.C. Administrative Procedure Act.

16 DCMR § 121 CEASE AND DESIST ORDERS

121.1 If the Director of the Department has a reasonable basis to believe that any person has violated this chapter, he or she may give notice to that person of intent to hold a hearing to determine whether a cease and desist order with respect to the violation(s) should be issued.

121.2 The hearing shall be scheduled not sooner than fifteen (15) days from the date of the notice.

121.3 The notice to be given by the Department shall state the time and place for the hearing and the basis upon which the Department proposes to suspend the registrant's registration.

121.4 The notice shall be served upon the registrant personally or be served by one of the following means:

(a) By leaving the notice at the last business address (or home address, if there is no business address) of which the Department has been given notice by the registrant; or

(b) By mailing the notice by certified mail to the last business address (or home address if there is no business address) of which the Department has been given notice by the registrant; or

121.5 Notice of the hearing shall be published in the D.C. Register at least fifteen (15) days prior to the date of the hearing.

121.6 The Department shall conduct the hearing in accordance with the provisions of § 10 of the D.C. Administrative Procedure Act (D.C. Code § 1-1509 (1981 Ed.)).

121.7 At the conclusion of the hearing, if the Director of the Department or his or her designee determines, upon the preponderance of testimony and evidence, that the person complained against has violated this chapter, the Director or designee shall do one of the following:

(a) State the findings and issue an order requiring the person complained against to cease and desist from the unlawful conduct and to take such affirmative action including restitution as will effectuate the purposes of this chapter, with notice that if the Department determines that the person complained against has not, after fifteen (15) calendar days following service of its order, corrected the unlawful practice and complied with the order, the Director of the Department will certify the matter to the Corporation Counsel and to such other agencies, as may be appropriate, for enforcement; or

(b) Immediately certify the matter to the Corporation Counsel for civil or criminal enforcement pursuant to this chapter.

121.8 Failure to comply with an order issued pursuant to this section shall constitute grounds for suspension of registration under § 120.

121.9 Any certification under this subsection, for the purpose of a civil proceeding, shall constitute a determination that there exists a prima facie case of violation of this chapter.

121.10 The Corporation Counsel may institute such civil proceedings in the name of the District of Columbia in an appropriate court, including the seeking of such restraining orders and temporary or permanent injunctions as are necessary to obtain complete compliance with the orders of the Department.

121.11 If, at any time after a complaint has been filed, the Director of the Department believes that appropriate civil action to preserve the status quo or to prevent irreparable harm appears advisable, the Director shall certify the matter to the Corporation Counsel who may bring, in the name of the District of Columbia, in an appropriate court, any action necessary to preserve such status quo or to prevent such harm, including the seeking of temporary restraining orders and preliminary injunctions.

121.12 If, at the conclusion of the hearing, the Director or his or her designee shall determine upon the preponderance of the testimony and evidence, that the person complained against has not violated this chapter, the Director or designee shall state his or her findings and issue an order dismissing the complaint.

16 DCMR § 122 REMEDIES AND PENALTIES

122.1 Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of this regulation pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985. Adjudication of any infraction of this regulation shall be pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Infractions Act of 1985.

122.2 Any person who violates any provision of this chapter shall be subject to a penalty or a fine not exceeding three hundred dollars ($ 300) or imprisonment for not more than ten (10) days for each violation.

122.3 The remedies and penalties set forth in this chapter shall not be deemed to be mutually exclusive. The Department is authorized to pursue such remedies and penalties jointly and concurrently.

122.4 Nothing in this chapter shall prevent any person from exercising any right or seeking any remedy to which he might otherwise be entitled, or from filing any complaint with any other agency.

122.5 Nothing in this chapter shall be deemed to deprive any aggrieved party of such judicial review of orders of the Council or of any other agency or authority of the District of Columbia as may be available.

122.6 If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase, or portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining provisions.

16 DCMR § 199 DEFINITIONS

199.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Buyer - See: "Retail buyer."

Consumer goods - tangible chattels bought by a natural person for use primarily for personal, family, or household purposes, including certificates or coupons exchangeable for such goods. The term "consumer goods" does not include goods acquired for commercial or business use or for resale, nor does the term include any motor vehicle as that term is defined in § 399 of this title.

Open end credit - consumer credit extended on an account pursuant to a plan under which the following apply:

(a) The seller may permit the customer to make purchases or obtain services, from time to time, directly from the seller or indirectly by use of a credit card, or other device, as the plan may provide;

(b) The buyer has the privilege of paying the balance in full or in installments; and

(c) A finance charge, as determined by § 106(a) of the Truth in Lending Act (Pub. L. 90-321, 82 Stat. 146), as applicable to retail transactions, may be computed from time to time on an outstanding unpaid balance.

The term "open end credit" does not include negotiated advances under an open end real estate mortgage or a letter of credit.

Organization - a corporation, agency, trust, estate, partnership, cooperative, or association. Person - a natural person or an organization.

Retail buyer or buyer - a natural person who buys consumer goods or services from a retail seller in a retail installment transaction.

Retail installment contract - a contract entered into by a retail buyer and a retail seller evidencing a retail installment transaction involving other than open end credit.

Retail installment transaction - any retail transaction between a retail seller and a retail buyer in which there is an agreement for the purchase of consumer goods or services, or both, for which the price is to be paid in one or more deferred installments and the "amount financed" (as defined by Regulation Z of the Board of Governors of the Federal Reserve System) does not exceed twenty-five thousand dollars ($ 25,000).

The term "retail installment transaction" shall include open end and other than open end transactions, and shall also include any transactions involving a contract in the form of a bailment or a lease if the bailee or lessee contracts to pay compensation for the use of the consumer goods or services, or both, which are the subject of that contract and it is agreed that the bailee or lessee is bound to become, or, for no further (or a merely nominal) consideration, has the option, upon full compliance with the provisions of the bailment or lease, of becoming the owner of the consumer goods or services, or both.

The term "retail installment transaction" shall not include any retail transaction in which all of the following conditions apply:

(a) The purchase price is to be paid in full within not more than ninety (90) days from the initial billing date;

(b) No security interest in the consumer goods is retained by the seller and no other collateral or security is required or accepted by the seller; and

For the purposes of this chapter, the terms "security interest," "collateral," and "security" shall not be construed to include any mechanics lien.

Retail seller or seller - a person engaged in the District of Columbia in the business of selling consumer goods or services involving retail installment transactions.

Sales finance company - any person who, in the District, regularly purchases retail installment contracts or evidences of indebtedness arising from retail installment transactions.

Series of sales - a series of consumer credit sales transactions made pursuant to an agreement providing for the addition of the deferred payment price of that sale to an existing outstanding balance, where the person to whom the credit is extended has approved in writing both the annual percentage rate or rates and the method of computing the finance charge or charges, and where the creditor retains no security interest in any property as to which he has received payments aggregating the amount of the sales price including any finance charges attributable thereto.

In the case of items purchased on different dates, the first purchased shall be deemed first paid for, and in the case of items purchased on the same date, the lowest priced shall be deemed first paid for.

Services - work, labor, or other kind of activity furnished, or agreed to be furnished, in connection with the delivery, installation, servicing, repair, or improvement of consumer goods; but the term "services" shall not include work, labor, or other activity furnished or agreed to be furnished for which the price or tariff charged or to be charged is required by law to be determined or approved by, or to be filed, subject to approval or disapproval, with the United States, or the District, or a department, division, agency, officer, or official of either of such governments.

16-2 LOANING MONEY

16 DCMR § 200 GENERAL PROVISIONS

200.1 The provisions of this chapter apply to all persons engaged in the District of Columbia in the business of loaning money, except the following:

(a) National banks;

(b) Licensed bankers;

(d) Savings banks; and

(e) Building and loan associations.

200.2 For purposes of this chapter, the term "1901 Act" means §§ 1178, 1179 and 1180 of the Act of March 1, 1901, as amended.

200.3 For purposes of this chapter, the term "1913 Act" means the Act of February 4, 1913, as amended.

200.4 A person is "engaged in the business of loaning money" in the District if that person holds out, by the maintenance of a place of business in the District or in any other manner, that a loan or loans of money may be effected by or through the person so holding out, plus the performance in the District by that person of one or more acts which result in the making or in the collection of a loan of money. (See: Horning v. D.C., 254 U.S. 135, 65 L.Ed. 185)

200.5 In no event shall any provision of the 1913 Act or the regulations promulgated pursuant to that act apply with respect to any loan or to the making of any loan:

(a) To any corporation that is unable to plead any statutes against usury in any action;

(b) Secured on real estate located outside of the District of Columbia;

(d) Greater than twenty-five thousand dollars ($ 25,000).

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is §§ 1178, 1179 and 1180 of the Act approved CDCR 16-201 (2004)

16 DCMR § 201 LICENSE REQUIREMENTS

201.1 It shall be unlawful for any person to engage in the District of Columbia in the business of loaning money without first obtaining a money lender's license.

201.2 A Money Lender's License Class A shall authorize the holder of the license to engage in the District of Columbia in the business of loaning money upon which a rate of interest in excess of six percent (6%) per annum is charged or received. The license fee for this license shall be eight hundred dollars ($ 800) per year.

201.3 A Money Lender's License Class B shall authorize the holder of the license to engage in the District of Columbia in the business of loaning money upon which a rate of interest of six percent (6%) per annum or less is charged or received. The license fee for this license shall be three hundred nineteen dollars ($ 319) per year.

16 DCMR § 202 APPLICATION FOR LICENSE

202.1 In addition to the requirements of § 2 of the 1913 Act, as amended (D.C. Code § 26-702 (1981 Ed.)), each application for a money lender's license shall include the verified signature under oath and the true and lawful name of the applicant if an individual, or each member of a firm or association applicant, or the president or other executive officer of a corporate application.

202.2 In the case of a corporate applicant, there shall be furnished with the application a list, sworn to by the secretary of the corporation, stating the name of each person owning stock of the corporation together with the class and number of shares of stock owned by each such person.

202.3 If ten percent (10%) or more of any class of stock of a corporate applicant is owned by another corporation, the application shall include (for each such other corporation) a list sworn to by the secretary of the other corporation of the following:

(a) The names and addresses of all persons owning ten percent (10%) or more of any class of stock of the other corporation;

(b) The names and addresses of the officers and directors of the other corporation; and

202.4 Bond, as required by the 1913 Act (D.C. Code § 26-702 (1981 Ed.)), shall be filed with the application.

202.5 With each application for license there shall be filed under the oath of the applicant (if an individual, or of a member of a firm or association applicant, or of the secretary of a corporate applicant) a list of names and addresses of each person engaged in the business of insurance, or in the business of loaning money, or in the business of dealing in new or used motor vehicles or other chattels which, or liens on or interest in which, are acceptable to the applicant as collateral security for a loan of money, in which business(es) the individual applicant (or any member of a firm or association applicant; or any stockholder, officer, or director of the corporate applicant) has an interest.

202.6 Each applicant shall file with the application a list of any and all insurance agents' or brokers' licenses, notary public commissions, or any other licenses or commissions issued by the District to engage in any business, profession, or calling which are held by the individual applicant (or any member of a firm or association applicant, or any director or officer of a corporate applicant), and any employee of the applicant, together with the name of each person holding such a license or commission.

16 DCMR § 203 ISSUANCE OF LICENSES

203.1 Each license certificate shall be issued in the true and lawful name of the individual (or of the person or persons comprising the firm, partnership, voluntary association; or of the joint-stock company or the corporation) authorized by the license to conduct the money lending business.

203.2 Each license certificate shall contain the following:

(a) The name under which the business will be conducted;

(b) The address or addresses at which such business is to be conducted;

(d) The date of issuance.

203.3 Each license certificate shall be signed by the Director, Department of Consumer and Regulatory Affairs (also referred to in this chapter as the "Director") or the Director's designee.

16 DCMR § 204 CONDUCT OF THE BUSINESS

204.1 It shall be unlawful for any licensee to conduct this business under any other name than the name stated in the license certificate issued to the licensee.

204.2 Any licensee desiring to conduct his or her business under a name other than that stated in the license certificate shall file with the Director or the Director's designee, an application to change the name and shall surrender the license certificate. The Director shall issue a new certificate setting forth the new name, together with the statement that licensee formerly conducted the business under the old name.

204.3 A licensee may conduct business at any number of addresses that he or she may desire, but each separate address must appear upon the license certificate.

204.4 A duplicate certificate bearing the same information appearing on the original shall be obtained from the Director or the Director's designee for each additional address.

204.5 Each licensee shall frame the certificate of license (or duplicate) under glass and post it in a conspicuous public place in each place of business and keep the same available for inspection by any member of the Metropolitan Police Department, the Director or the Director's designee, or such other persons as the Mayor may designate.

204.6 No person shall be the holder, directly or indirectly, by direct ownership, stock ownership, interlocking directorate, or otherwise, of any interest in more than one class of money lender's license at any one time.

16 DCMR § 205 DUTIES OF LICENSEES TO BORROWERS

205.1 In addition to the duties imposed upon Class A licensees by the 1913 Act, Class A and Class B licensees shall deliver the following to each borrower at the time the loan of money is made:

(a) A statement in writing showing in clear and distinct terms the following:

(1) The actual amount of the loan;

(2) The date on which the loan is made;

(3) The terms of repayment of the loan, including the total number of installments and the amount of each installment, and listing as separate items principal, interest, insurance premiums, and each other charge included in the actual amount of the loan; and

(b) A copy of each writing relating to the loan and to the security for the loan which expresses any part of the obligations of the borrower to the lender or licensee or to any other person with respect to the loan and of the obligations of the lender or licensee or of any other person to the borrower with respect to the loan. If any of the original writing bears the signature of the borrower, the copy must be in the precise form as was the original at the time it was signed by the borrower.

205.2 A licensee shall deliver to each borrower a complete and legible receipt for each payment made on account of a loan of money at the time the payment is made.

205.3 Each receipt delivered pursuant to § 205.2 shall show the following:

(a) The date and total amount of the payment; and

(b) The actual amount of the loan after receipt of the payment.

205.4 Upon payment in full of the actual amount of the loan and of all lawful charges on the loan, a licensee shall give the borrower a receipt showing payment in full of the loan.

205.5 Within ten (10) days of the payment in full, a licensee shall endorse, over the signature of the licensee (or of the member or officer of the licensee) the words "PAID IN FULL" upon the original note, and deliver to the borrower every original note and a release of the instrument of security.

16 DCMR § 206 INTEREST

206.1 Interest shall be computed on the actual amount of the loan and shall not be charged or received to any greater rate than the maximum legal rate applicable to the loan of money.

206.2 No lender or licensee shall charge or receive any unaccrued interest on a loan of money.

206.3 No licensee shall accept as evidence of indebtedness of a borrower, or as an instrument of security for a loan of money, any evidence of indebtedness, instrument of security or other paper writing the face amount of which is in any amount greater than the actual amount of the loan; Provided, that licensees are authorized to accept as evidence of indebtedness and as instruments of security for loans of money paper writings the face amounts of which include, in addition to the actual amount of the loan, a premium on insurance specifically authorized by this chapter.

16 DCMR § 207 INSURANCE

207.1 A licensee may require a borrower to pay the premium on insurance authorized by this section, but not otherwise.

207.2 A copy of the policy of insurance on which the premium is required by the licensee to be paid by the borrower shall be delivered by the licensee to the borrower within twenty (20) days after the making of the loan.

207.3 In no case shall life insurance be required in cases in which property is accepted as collateral security for a loan of money.

207.4 No amount of money shall be charged or received by the licensee as premium on any policy of insurance unless the following is done:

(a) The evidence in writing of the loan of money describes each kind of insurance required by the licensee and states separately the term and premiums applicable to the insurance;

(b) An insurance policy or comparable evidence of a policy conforming to the term, description, and premiums set forth in the evidence of indebtedness has been furnished to the borrower prior to the date when any payment under that evidence of indebtedness is required to be made; and

(c) Prior to the date when the first payment under the evidence of indebtedness is required to be made, the licensee has furnished to the borrower an official receipt of the insurance company or its authorized representative, showing payment by the licensee to the insurance company on account or premium on the policy issued to the borrower of an amount not less than the amount of the premium set forth in said evidence of indebtedness.

207.5 In the case of a policy of insurance issued on an automatic renewal basis for a term less than the term of the loan, the amount of premium which may be included in the evidence of indebtedness shall not exceed the premium on that policy for one policy period.

207.6 If there is no collateral security for a loan of money, a reducing form of term life insurance on the life of the borrower in an amount not exceeding the actual amount of the loan for a term not exceeding the term of the loan may be required by the licensee.

207.7 If a loan of money be made upon the collateral security of household furniture and furnishings, fire and extended coverage insurance for a term not exceeding the term of the loan in an amount not exceeding the fair market value of the collateral security property at the time policy is issued, payable to licensee and borrower as their interests may appear, may be required by the licensee.

207.8 If a loan of money be made upon the collateral security of a vehicle, fifty dollars, seventy-five dollars, or one hundred dollars ($ 50, $ 75, or $ 100) deductible collision, as well as fire and theft insurance (or comprehensive in lieu of fire and theft) for a term that does not exceed the term of the loan payable to the licensee and the borrower as their interests may appear, may be required by the licensee.

16 DCMR § 208 REPOSSESSION

208.1 No person, except a licensee or the authorized agent of a licensee acting under or by virtue or a right or authority contained in the evidence of indebtedness of, or instrument of security for, a loan of money made by that licensee, shall repossess within the District of Columbia property which was accepted as collateral security for a loan of money.

208.2 No person shall repossess, seize, or participate in any manner in the physical repossession or seizure of personal property offered as collateral security for a loan of money without first having three (3) sets of his or her fingerprints taken by the Metropolitan Police Department and filing the same with the Director or the Director's designee.

208.3 In the case of the repossession of property which was accepted as collateral security for a loan of money, it shall be the duty of the licensee for whose account the property was repossessed to give four (4) days written notice to the borrower by registered mail of each of the following:

(a) The proposed date, time, and place of the sale or other disposition of the property;

(b) The actual amount of the loan and other charges due; and

(c) That the borrower may, within the four (4) day notice period, redeem the property by paying to the licensee the actual amount of the loan and lawful charges authorized by this chapter.

208.4 If the borrower fails to redeem the property under § 208.3(c), unless the period of redemption is extended by the licensee, the licensee shall effect the cancellation of any insurance on the property for which the premium has been paid by the borrower.

208.5 Upon cancellation of an insurance policy under § 208.4, the licensee shall ascertain the amount of unearned premium to be refunded by the insurance company, and shall apply the amount of that refund to the actual amount of the loan and charges authorized by this chapter.

208.6 If the borrower fails to redeem the property under § 208.3(c), the licensee shall sell or dispose of (or cause the sale or disposition of) the property at a price not less than the highest current market value of the property at the time of sale or disposition.

208.7 Within ten (10) days after the sale or disposition of the property under this section, the licensee shall do the following:

(a) Apply the proceeds of the sale or disposition of the property to payment of the actual amount of the loan and lawful charges authorized by this chapter;

(b) Remit to the borrower any balance; and

(c) Deliver the note or other evidence of indebtedness to the borrower marked "PAID AND CANCELLED," along with a release of any evidence of indebtedness or instrument of security for the loan.

208.8 If the price paid for property at sale or disposition is less than the total actual amount of the loan (plus lawful charges authorized under this chapter), the note or other evidence of indebtedness of the borrower shall be endorsed by the licensee to show curtailment of the actual amount of the loan in an amount equal to the sale or disposition price less lawful charges authorized by this chapter.

208.9 Within five (5) days after the sale or disposition of the property, the licensee shall deliver to the borrower a full account giving the date, time, and place of the sale, the price for which the property was sold or disposed of, an itemized statement of expenses incident to the sale or disposition, and the name of the person to whom the property was sold or transferred.

208.10 The licensee shall deliver a copy of the information provided to the borrower under § 208.9 to the Director or the Director's designee.

208.11 Whenever within the knowledge of the licensee in the repossession of collateral security, property other than the collateral is taken, it shall be the duty of the person secured by the instrument granting or purporting to grant authority for the repossession to tender delivery of the other property, in the same condition as it was at the time of the taking, to the person from whom that other property was taken, within forty-eight (48) hours after the taking.

208.12 Each licensee shall make all repairs to repossessed property which will be compensated by the insurance covering the property at the time of repossession.

16 DCMR § 209 REPOSSESSION REGISTER

209.1 Each licensee shall maintain and have available at all times in the licensee's office or other place of business for inspection by the Director or the Director's designee in a separate bound register with non-removable pages to be provided by the licensee for that purpose, a record of all repossessions made by or on behalf of the licensee.

209.2 The licensee shall enter the following information on the repossession register:

(a) The name and address of the person from whom property has been repossessed;

(b) The default for which the repossession was made;

(d) The date, time, and place of sale or disposition of the repossessed property;

(e) The name and address of the person to whom the repossessed property was sold or transferred by the licensee;

(f) The amount for which the repossessed property was sold or disposed of by the licensee;

(g) A list of any and all repairs to the property not compensated by insurance which were made or caused to be made by the licensee for the purpose of putting the property in saleable condition, including the itemized cost of each repair and the name and address of the person employed by the licensee to make repairs;

(h) All items of expense incident to the sale or disposition of the property;

(i) The amount applied to the actual amount of the loan as refund of insurance premium or premiums;

(j) The amount applied to the actual amount of the loan from the proceeds of sale or disposition of the property; and

(k) The amount, if any, remitted to the borrower.

16 DCMR § 210 TRANSACTION REGISTER

210.1 Each licensee shall keep and maintain in his office or place of business a register, as required by § 4 of the 1913 Act, and each licensee shall enter in the register the data required by the Act.

210.2 The register shall be maintained from day to day as each transaction is entered into between the license and the borrower.

210.3 The register shall be a book of original entry.

210.4 In addition, every licensee shall enter the following information in the transaction register with respect to each loan:

(a) The name and address of every person from whom any fee or commission, by whatever name designated, was paid or agreed to be paid by the licensee in connection with such loan, and the amount of such fee, or commission so paid or agreed to be paid;

(b) A description of any property accepted as collateral security for the loan and in case such property be a motor vehicle, the manufacturers' name, and the year, model and motor number thereof;

(c) The perils insured against, and the amount and conditions of the policy of insurance against each such peril, the premium on which is included in the amount of the loan;

(d) The names and addresses of the companies issuing such insurance;

(e) The names of the brokers or agents by whom such insurance was written;

(f) The premiums charged on such insurance; and

(g) The term of the loan.

210.5 The register shall be kept numerically by numbers of loans in the order made and each entry shall have a proper column separating each item required to be shown under this chapter.

210.6 The same number assigned under § 210.5 shall appear on the borrower's payment or receipt book and shall also appear in all other records pertaining to the loan required to be kept by the licensee under this chapter.

16 DCMR § 211 PENALTIES AND FORFEITURES

211.1 In addition to all other penalties and forfeitures provided by law, any person violating any provision of this chapter, upon conviction, be fined three hundred dollars ($ 300), imprisoned for not less than thirty (30) days, or more than ninety (90) days, or both. In addition, the court may order any person violating this act to make restitution for the value of property illegally obtained as a result of the violation.

211.2 Money lender's licenses of both Class A and Class B shall be subject to revocation as provided in § 6 of the 1913 Act for any violation of this chapter.

16 DCMR § 299 DEFINITIONS

299.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

1901 Act - Sections 1178, 1179 and 1180 of the Act of March 1, 1901, (31 Stat. 1377, ch. 854) as amended.

1913 Act - the Act of February 4, 1913, (37 Stat. 657, ch. 26) as amended.

Actual amount of the loan - the principal amount of money owed by a borrower at any given time, exclusive of interest.

Borrower - any person whose absolute promise to repay a loan of money was affected.

Comparable evidence of an insurance policy - a statement typewritten or printed in type as large as brevier or 8- point type, setting forth all information necessary to the exercise by the borrower of every right afforded under the terms of the insurance policy, as follows:

(a) The name of the insurance company and its address;

(b) The address of the local office of the insurance company, if any;

(d) The date and hour on which the policy takes effect and the date and hour on which the policy terminates;

(e) The amount of the premium;

(f) The kind or kinds of insurance included in the policy;

(g) Any limitation pertaining to the insurance;

(h) The provisions for cancellation; and

(i) The procedure to be followed by the borrower in the making of any claim under the policy.

Engaged in the business of loaning money - the holding out in the District of Columbia, by the maintenance of a place of business in the District of Columbia or in any other manner, that a loan or loans of money may be effected by or through the person so holding out, plus the performance in the District of Columbia by that person of one or more acts which result in the making or in the collection of a loan of money.

Loan of money - each transaction, whatever its form and however designated, which is in truth the borrowing and lending of money, including every transaction, the substance of which is the advance, directly or indirectly, by a lender to a borrower, of any sum of money upon an absolute promise to repay, irrespective of whether the money advanced is the property of the lender or the creditor.

Interest - shall include, in addition to any sum of money charged or paid as compensation for the use of money, all expenses, demands, and services of every character, notarial fees, recording fees, and every other fee and charge except:

(a) Premiums on insurance specifically authorized by this chapter shall be included as interest if the obtaining by the borrower of the insurance is a prerequisite for the making of the loan. Insurance, all or any part of the premium or commission on which insures directly or indirectly to the benefit of the licensee, or to the benefit of any person having any direct or indirect interest in the business of such license, shall be deemed to have been required by the licensee, unless the licensee shall satisfy the Director that the insurance in fact was not so required and that the borrower could not reasonably have believed that it was required;

(b) On a loan of money the actual amount of which is in excess of two hundred dollars ($ 200), notary fees authorized by law for notarization of the instrument of security and for the certificate of the licensee required by this chapter, and the charge made by the Recorder for recording the instrument of security; and

(c) Upon the foreclosure of the security for a loan of money charges for attorney's and agent's fees which do not exceed ten percent (10%) of the actual amount of the loan found due in the foreclosure proceeding, plus such fees and charges as are reasonable and necessary expenses incurred for the liquidation of the loan.

Licensee - a person to whom the government of the District of Columbia has granted a Class A or Class B Money Lender's License.

Person - shall include an individual, a firm, a partnership, a joint-stock company, a corporation, an association, an incorporated society, a statutory or common-law trust, an estate, an executor, an administrator, a receiver, a trustee, a conservator, a liquidator, a committee, an assignee, an officer, an employee, a principal or an agent.

Repossess and repossession - shall include every act, other than an act performed under authority of process issuing out of a court of competent jurisdiction, which contributes to or results in obtaining physical possession of tangible personal property which is collateral security for a loan of money for the purpose of liquidating the loan in whole or in part.

16-3 BUYING, SELLING, AND FINANCING MOTOR VEHICLES

16 DCMR § 300 DEALERS AND SELLERS

300.1 Unless otherwise required by the context and except as provided otherwise in this section, the words "dealer" and "seller" mean any person other than a salesman who does the following for compensation:

(a) Buys, sells, exchanges, or offers or attempts to buy, sell, or exchange an interest in a motor vehicle, whether on consignment or otherwise; or

(b) Negotiates or attempts to negotiate a purchase, sale or exchange of an interest in a motor vehicle; or

(c) Is engaged, wholly or in part, in the business of selling motor vehicles, whether or not the motor vehicles are owned by that person.

300.2 The words "dealer" and "seller" shall not include the following:

(a) Public officers, their deputies, assistants, or employees, while performing their official duties;

(b) Persons disposing of motor vehicles acquired for their own use and actually so used, when the same shall have been acquired and used in good faith and not for the purpose of avoiding the provisions of this chapter;

(c) Persons dealing solely in the sale and distribution of fire-fighting equipment, construction equipment, ambulances, or funeral vehicles, including motor vehicles adapted for those purposes;

(d) Manufacturers or representatives of manufacturers of motor vehicles on behalf of those manufacturers exclusively to licensed motor vehicle dealers; or

(e) Persons engaged in the business of buying motor vehicles from licensed dealers for sale or disposition outside of the District.

300.3 The following persons may engage in the activities set forth in paragraphs (a) and (b) of § 300.1 without procuring a dealer's or a salesman's license:

(a) Any person appointed by any court or acting under judgment or order of any court;

(b) An auctioneer licensed by the District;

(d) The employees of persons listed in § 300.3(a)-(c) when engaged in the specific performance of the duties of that employment.

16 DCMR § 301 LICENSING REQUIREMENTS FOR DEALERS, SALESPERSONS, AUTOMOBILE REPOSSESSORS, AND SALES FINANCE COMPANIES

301.1 No person shall engage in business as a dealer, a salesperson, an automobile repossessor, or a sales finance company unless that person holds a proper license issued to him or her pursuant to this chapter.

301.2 For a period no longer than one (1) month after application for a license, an applicant for a salesperson's or automobile repossessor's license may engage in the occupation for which a license is being sought; Provided, that all of the following conditions are met:

(a) The applicant has not previously held a license as a dealer, salesperson, automobile repossessor, or sales finance company which has been suspended or revoked;

(b) The applicant has fully complied with all relevant filing requirements of § 302; and

(c) The applicant, if applying for a salesperson's license, has filed a certification by the dealer by whom he or she is employed that the applicant meets all of the qualifications for a salesperson required by § 302.

301.3 No licensed dealer, salesperson, automobile repossessor, or sales finance company shall hold himself, herself, or itself out or engage in business as a licensed dealer, salesperson, automobile repossessor, or sales finance company under any name other than the name appearing on his, her, or its license.

301.4 Any licensed sales finance company which engages in any activity of a dealer shall be deemed to be a dealer and subject to all of the provisions of this chapter relating to dealers.

16 DCMR § 302 LICENSE APPLICATION

302.1 Application for a license to act as a dealer, as a salesperson, as an automobile repossessor, or as a sales finance company shall be filed with the Department of Consumer and Regulatory Affairs (also referred to as the "Department") on a form prescribed by the Director of the Department (The Director or the Director's designee are also referred to in this chapter as the "Director").

302.2 Each person applying for a license shall submit to the Director under oath any information that the Director may require to determine whether the applicant has the qualifications required for a license.

302.3 Each application for a salesperson's or an automobile repossessor's license shall be accompanied by three (3) copies of a full-faced photograph of the applicant. Each photograph shall be one inch by one and one-half inches (1 in. x 1 1/2 in.) in size and shall have been taken not more than three (3) months prior to the date of filing the application.

302.4 Each application for a salesperson's license shall include a certification by each licensed dealer for whom the applicant proposes to act as a salesperson that the applicant will, if licensed, be employed by that dealer.

16 DCMR § 303 QUALIFICATIONS FOR LICENSES

303.1 To be qualified for a dealer's license, an applicant must demonstrate the following to the satisfaction of the Director:

(a) That the applicant is trustworthy;

(b) That the applicant intends to act as a bona fide dealer;

(c) That the applicant has, or has employed a managing employee who has, substantial experience or training or education in the business of selling motor vehicles; and

(d) That the applicant will, if licensed, carry on the business of a dealer in a place of business for which a certificate of occupancy to conduct that business has been issued.

303.2 To be qualified for a salesperson's license, an applicant must be found by the Director to be trustworthy and to have the intention to act as a bona fide salesperson.

303.3 To be qualified for a sales finance company license, an applicant must be found by the Director to be trustworthy and to have the intention to act as a bona fide sales finance company.

303.4 To be qualified for an automobile repossessor's license, an applicant must be found by the Director to be trustworthy and to have the intention to act as a bona fide automobile repossessor.

303.5 If any employer, partner, or employee of an applicant for an automobile repossessor's license or any person exercising control, directly or indirectly, over the applicant is himself or herself deficient in the qualification of trustworthiness so that he or she would not be entitled to a license in his or her own name, that deficiency may be deemed to be a deficiency of the applicant.

16 DCMR § 304 MAINTENANCE OF QUALIFICATIONS

304.1 All qualifications set forth in this chapter as prerequisite to the issuance of any license shall be maintained during the entire license period.

304.2 Failure to maintain any qualification set forth in this chapter shall be cause for suspension or revocation of the license.

16 DCMR § 305 ISSUANCE OF LICENSES

305.1 If the Director or designee finds that an applicant for a license has the required qualifications, he or she shall issue the license.

305.2 When the Director issues a salesperson's license, the Director shall register the licensee as a salesman for the licensed dealer or dealers who certified the application, and issue to the licensee an identification card on which shall be set forth the salesman's license number and the name and business address of each licensed dealer employing that salesperson. One of the photographs required by § 302.3 shall be attached to the identification card.

305.3 When the Director issues a automobile repossessor's license, the Director shall also issue to the licensee an identification card to which one of the photographs required by § 302.3 shall be attached.

16 DCMR § 306 CHANGE OF EMPLOYER OR TERMINATION OF EMPLOYMENT OF A SALESPERSON

306.1 When a licensed salesperson terminates his or her employment with one dealer and becomes employed by another or when a licensed salesperson takes employment with a new dealer for whom he or she has not previously been registered, that salesperson shall, within five (5) calendar days from commencement of the new employment, apply to the Director for a transfer of his or her license.

306.2 The Director shall, if the requirements of § 303.3 have been complied with, transfer the salesperson's license. The fee for transfer of a salesperson's license shall be three dollars ($ 3).

306.3 A licensed salesperson shall, within five (5) calendar days after termination of employment as a salesperson, surrender to the Director the license issued to him or her.

16 DCMR § 307 BONDS OR OTHER SECURITY

307.1 Each applicant for license as a dealer or automobile repossessor and each applicant, other than a bank or trust company, for a license as a sales finance company, shall upon notification by the Director of the approval of an application, file in the office of the Director a bond in such form as the Director shall approve in the penal sum of five thousand dollars ($ 5,000) running to the District of Columbia, with corporate surety authorized by the Secretary of the Treasury pursuant to Title 6, U.S. Code (1958 Ed.), and by the Superintendent of Insurance of the District, to do business in the District.

307.2 Each bond shall be conditioned as required by and shall be subject to the provisions of § 3 of Pub. L. 86-431; 74 Stat. 71 (4-22-60).

307.3 In lieu of a corporate surety bond required by § 307.1, an applicant for a license as a dealer or automobile repossessor or for a license as a sales finance company may deposit with the D.C. Treasurer other security for the protection of members of the public against financial loss by reason of the failure of the licensee, or of any officer, agent, employee, or other person acting on behalf of the licensee, to observe any statute or regulation in force in the District applicable to the licensee's conduct of his, her, or its business licensed pursuant to this chapter.

307.4 The security which may be accepted by the D.C. Treasurer under § 307.3 shall be one of the following:

(a) Cash in the amount of five thousand dollars ($ 5,000);

(b) A certified check or cashier's check in the amount of five thousand dollars ($ 5,000) made payable to the order of the D.C. Treasurer; or

(c) Marketable bond(s) or note(s) having in the aggregate a maturity value of at least six thousand dollars ($ 6,000) issued by the United States government or by any agency or instrumentality of the U.S. Government, together with an irrevocable power of attorney and agreement in form provided by the D.C. Treasurer authorizing the D.C. Treasurer to collect or sell, assign and transfer any such bond or note: Provided, that no such bond or note shall be collected or sold until such time as it may be necessary to make payment to any person entitled to recover damages from the security which the bond represents.

307.5 Cash, certified checks, and cashier's checks deposited for the purposes of this section and the proceeds of the collection or sale of any bond or note made pursuant to this section shall be deposited to the credit of a District of Columbia trust fund account and shall be available for the payment of any judgment rendered against the licensee in favor of any person who has sustained damage by reason of the violation by the licensee or by the licensee's officer, agent, employee, or other person acting on the licensee's behalf, of any statute or regulation in force in the District applicable to the licensee's conduct of the business licensed pursuant to this chapter. No payment from the security deposited pursuant to this subsection on account of any such judgment shall be made until the judgment has become final and the period for filing an appeal has expired or the judgment debtor has waived in writing the right to take an appeal.

307.6 Whenever the security deposited pursuant this section is other than bonds or notes and is reduced below five thousand dollars ($ 5,000), or whenever pursuant to § 307.4(c) the security is in the form of marketable bonds or notes, and, by reason of the payment of or on account of any final judgment, is reduced to an amount less than six thousand dollars ($ 6,000), the licensee shall, within five (5) calendar days after having been notified in writing by the Director do to so, make an additional deposit to bring the amount on deposit with the D. C. Treasurer for the purposes of this section up to five thousand dollars ($ 5,000) or six thousand dollars ($ 6,000), as the case may be.

307.7 Payment made from security deposited pursuant to this section for or on account of a judgment shall include interest and costs as specified in the judgment or as may be required by statute.

307.8 Any security deposited pursuant to this section shall be retained by the D. C. Treasurer for at least three (3) years after the expiration of the license in connection with which the security was deposited.

307.9 In addition to the requirements of § 307.8, if the D. C. Treasurer is notified in writing that a suit has been filed against any licensee as a result of which a judgment may be payable out of security held under § 307.8, the security shall be retained by the D.C. Treasurer until such time as the suit has been reduced to judgment and the period for filing an appeal from that judgment has expired or the judgment debtor has waived in writing the right to take an appeal or until the suit has been otherwise disposed of.

16 DCMR § 308 LICENSE FEES

308.1 License fees shall be set by the Mayor.

16 DCMR § 309 APPOINTMENT OF THE MAYOR AS ATTORNEY-IN-FACT

309.1 Subject to the provisions of this section, application for any license under this chapter shall be deemed equivalent to appointment by the applicant of the Mayor as the applicant's true and lawful attorney upon whom may be served any judicial or other process or legal notice directed to the applicant in any action or proceeding against the applicant growing out of the applicant's operation under the license applied for, and to a signification of the applicant's agreement that any such process or notice which is so served shall be of the same legal force and validity as if served upon the applicant personally in the District.

309.2 No process or notice may be served under this section upon any individual residing in the District, or upon any domestic corporation organized under the D.C. Business Corporation Act [Pub. L. 83-389, 68 Stat. 177 (12-5-54)] or upon any foreign corporation having a registered agent in the District under the provisions of that Act.

309.3 The provisions of § 309.1 shall not be operative unless and until at least one bona fide attempt has been made to serve the process or notice in a manner otherwise provided by law.

16 DCMR § 310 GROUNDS FOR DENIAL, SUSPENSION, OR REVOCATION OF LICENSES

310.1 The license of each dealer, salesperson, automobile repossessor, and sales finance company shall be subject to denial, suspension, or revocation for any cause set forth in any other section of this chapter which is applicable to any such license or for any cause set forth in paragraph 46 of § 7 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes, approved July 1, 1902, 32 Stat. 628, as amended, (D.C. Code § 47-2844), including without limitation, any of the following causes:

(a) Material misstatement in application for license;

(b) Willful failure or refusal to comply with any provision of statute or regulation relating to the sale, repossession, or financing of motor vehicles;

(d) Willful misrepresentation or concealment through any subterfuge or device of any matter or the nature of any matter required by this chapter to be stated or furnished to the purchaser;

(e) Willful employment of any fraudulent or misleading device, method, or practice in connection with the sale, repossession, or financing of the sale of a motor vehicle;

(f) Willful use of advertising with regard to the sale, repossession, or financing of motor vehicles which is misleading or deceptive by reason of any false statement contained in that advertising, or which by reason of incompleteness may mislead or deceive; or

(g) Willful or fraudulent circumvention of any provision of statute or regulation relating to the sale, repossession, or financing of motor vehicles.

310.2 In addition to the causes set forth in § 310.1, each dealer's license shall be subject to denial, suspension, or revocation for any of the following reasons:

(a) Employing, engaging, appointing, allowing, or permitting any person to act as a salesperson or automobile repossessor for or on behalf of a dealer, with a reasonable opportunity to know that such person is not duly licensed as a salesperson or automobile repossessor for that dealer, or that the salesperson's or automobile repossessor's license of that person has been suspended or revoked;

(b) Continuing a relationship in the business of selling motor vehicles with any person, with a reasonable opportunity to know that within the preceding three (3) years, he or she has finally been determined to have committed any act or omitted any duty which is cause for denying that person a license as a dealer, or which is cause for suspending or revoking any dealer's license issued to that person in his or her own name.

310.3 In addition to the causes set forth in § 310.1, a salesperson's or automobile repossessor's license shall be subject to denial, suspension, or revocation for acting as a salesperson or automobile repossessor for or on behalf of any person with a reasonable opportunity to know that such person is not duly licensed as a dealer or that his or her dealer's license is suspended or revoked.

16 DCMR § 311 PROCEDURE FOR DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE

311.1 Whenever the Director (or the Director's designee) finds that an applicant for a license under this chapter is deficient in one (1) or more of the qualifications for the license applied for, or whenever the Director has reasonable grounds to believe that there has been a violation of any statute or regulation applicable to the conduct of a dealer, salesperson, automobile repossessor, or sales finance company for which the license of that dealer, salesperson, automobile repossessor, or sales finance company is subject to suspension or revocation, the Director shall give notice to the applicant or to the licensee, as the case may be, in accordance with the provisions of this section.

311.2 The notice required by § 311.1 shall be in writing and shall be signed by the Director.

311.3 In the case of a proposed denial of an application for license, the notice shall state in what respects an applicant is deficient and the ultimate facts upon which the Director relies.

311.4 In the case of a proposal to suspend or revoke a license, the notice shall indicate the provision(s) of statute or regulations allegedly violated, and the ultimate facts upon which the Director relies.

311.5 The notice shall state the action the Director proposes to take or to recommend.

311.6 The notice shall advise that the action proposed or recommended will be taken at the expiration of ten (10) calendar days after service of the notice unless an appeal is taken to the Board of Appeals and Review.

311.7 The notice shall be served upon the applicant or the licensee, as the case may be.

311.8 A copy of the notice shall be delivered to the Administrator, Business Regulation Administration.

311.9 The notice shall be deemed to be properly served upon the person affected by the notice when it or a copy of it is:

(a) Personally served on that person; or

(b) Left at the address stated on the license, or on the application in the case of an applicant, with a person over sixteen (16) years of age then employed or resident at that address; or

(c) Mailed by certified mail, postage prepaid addressed to the person at the address stated on the license issued to that person (or in the case of an applicant on the application filed by that person) and not returned by the post office authorities. If any notice mailed as authorized in this paragraph is returned by the post office authorities by reason of refusal of the addressee to accept delivery of the notice, it shall be deemed to have been served on the addressee by mail.

16 DCMR § 312 APPEALS

312.1 Any person upon whom a notice has been served pursuant to § 311 may file with the Board of Appeals and Review a written notice of appeal.

312.2 The notice of appeal shall be filed within ten (10) calendar days from the date the notice is served personally on the person named in the notice, or within fourteen (14) calendar days from the date the notice is served other than personally.

312.3 The records of any department or agency of the District government may, if otherwise admissible, be admitted in evidence without formal proof in the hearing of any appeal.

16 DCMR § 313 INSPECTION OF RECORDS

313.1 The Director may, prior to approving an application for license under this chapter and from time to time during the license year, inspect any records of, and obtain information from, any applicant or licensee that the Director may consider necessary or advisable, to determine or verify any of the following:

(a) The identity of each officer, director, partner, member, and managing employee of the applicant or dealer;

(b) The identity of any person exercising any degree of control, either directly or indirectly, over the business activities of the applicant or licensee, and the extent of such control; and

(c) The identity of any person who may be associated with the applicant or licensee in connection with the business of selling motor vehicles or of purchasing instruments of security, regardless of whether such person may be an officer, director, partner, member, or employee of such applicant or licensee.

313.2 In connection with the consideration of an application for a license under this chapter, and from time to time during the license year if the application is approved, the Director shall be authorized at any time during regular business hours to inspect the records of an applicant or any licensee and to obtain from the applicant or the licensee any information that the Director may deem necessary to determine whether an applicant qualifies for license, or whether an applicant or licensee has violated any provision of law or of this chapter relating to the qualifications to obtain or to retain a license.

313.3 Each applicant or licensee shall make available to the Director those records and furnish such information that the Director may request in connection with making the inspections authorized by this section, and shall, whenever requested so to do by the Director furnish or permit the Director to make one or more copies of the records as the Director may specify.

313.4 The failure or refusal of an applicant for a license or a licensee to make available to the Director the records or information authorized to be requested or to permit the Director to make a copy of the records or information, shall be cause for denial, suspension, or revocation of a license for the applicant or of the licensee.

16 DCMR § 314 Outdoor Storage of Motor Vehicles

314.1 For purposes of this section, the following definitions shall apply:

(a) “Lot” means a lot recorded on the records of the Surveyor of the District of Columbia.

(b) The phrase “outdoor storage of motor vehicles” shall mean keeping, on the same lot or at the same location, five (5) or more motor vehicles outside of a permanent garage or permanent building, for any purpose, including, but not limited to, for storage or display by a licensed dealer, but excluding:

(1) Keeping operational motor vehicles on a residential property for household use;

(2) Parking, at an establishment, of motor vehicles used by customers, employees, visitors, and other persons, to travel to and from the establishment;

(3) Parking, at an establishment, of operational motor vehicles that are owned or leased by the establishment and that are kept and regularly used by the establishment for the purpose of transporting passengers, goods, or equipment;

(4) Parking of customers’ motor vehicles at a licensed parking lot or by a licensed valet parking company;

(5) Storage of customers’ motor vehicles at an establishment licensed to repair, service, or wash motor vehicles for customers;

(6) Storage of towed or repossessed motor vehicles as part of a licensed motor vehicle towing or repossession business;

(7) Storage of operational motor vehicles as part of a licensed motor vehicle leasing or rental business, or licensed driving school business; or

(8) Storage or display of motor vehicles by a dealer on a lot that the dealer uses primarily for the sale of new motor vehicles;

(c) “Offered for retail sale” means offered individually for sale to the public, including to consumers, and made available to consumers for inspection; and

(d) “Retail sale” means a sale that directly results from a motor vehicle being offered for retail sale.

314.2 No person shall engage in outdoor storage of motor vehicles except on a lot for which the person holds both:

(a) A basic business license, with a Motor Vehicle Sales, Service, and Repair license endorsement, for a Motor Vehicle Dealer; and

(b) A basic business license, with a Motor Vehicle Sales, Service, and Repair license endorsement, for a Used Car Lot.

314.3 The category license fee for a basic business license, with a Motor Vehicle Sales, Service, and Repair license endorsement, for a Used Car Lot, shall be $ 1,000.00.

314.4 No person shall engage in outdoor storage of motor vehicles on a lot unless the person:

(a) In addition to filing any other bond or security that may be required for applicable license categories other than Used Car Lot, has filed a bond or other security in the amount of one hundred thousand dollars ($ 100,000) that, in all respects other than its dollar amount, complies with the provisions of 16 DCMR § 307;

(b) Has designated a registered agent who engages in the business of providing registered agent services from an office in the District of Columbia;

(c) Is the only person holding a basic business license for the lot, other than persons holding Motor Vehicle Salesman licenses for the lot;

(d) Keeps, in a secure location on the lot, the books and records of each of the lot’s licensed establishments, and makes such books and records available for immediate inspection by the Director at any time during regular business hours;

(e) Includes the following in the books and records kept on the lot:

(i) The purchase and sale records, vehicle titles, transfers of ownership, and dealer tags, and

(ii) For a period of two (2) years following the sale or disposal of a motor vehicle that was stored or displayed outdoors on the lot, records showing the motor vehicle’s make, model, and vehicle identification number (VIN), the dates that outdoor storage or display of the motor vehicle on the lot commenced and ended, whether the motor vehicle was disposed of through a retail sale on the lot or in some other way, the name and address of any purchaser of the motor vehicle, the date and terms of any purchase of the motor vehicle, and a copy of the Federal Trade Commission Buyers Guide for the purchase of the motor vehicle;

(f) Provides copies of any records required by § 314.6(e)(ii) to the Director, within fourteen (14) days of a written request mailed by the Director to the person’s designated registered agent; and

(g) During any six (6) month period, ensures that at least seventy (70) percent of the disposals of motor vehicles that have been stored or displayed outdoors on the lot are through retail sales on the lot, unless, during the six (6) month period in question, there are fewer than seven (7) disposals of motor vehicles that have been stored or displayed outdoors on the lot.

314.5 Any person who engages in outdoor storage of motor vehicles shall store the motor vehicles on a lot and in spaces meeting the following requirements:

(a) The lot shall be located in a C-M or M zoning district;

(b) The lot shall have an office, with desk, chairs, and filing space, in a permanent building of at least two hundred fifty (250) square feet, with heating, electricity, and a bathroom connected to the District’s water and sewer lines;

(c) The lot shall maintain a permanent sign, visible from the lot entrance, showing the name of the establishment and its hours of operation;

(d) Each automobile space shall be a minimum of nine (9) feet in width and nineteen (19) feet in length, and the space boundaries shall be clearly marked with painted lines;

(e) Any adjoining public or private space shall be protected from vehicular encroachment by curbs, guard rails, or fencing, that prevent vehicles on the lot from protruding over any lot boundary;

(f) The areas of the lot used for storing or moving motor vehicles shall be paved and maintained;

(g) The lot shall be landscaped with live trees and shrubs that cover an area equal to at least five (5) percent of the lot’s paved area; and

(h) The areas of the lot used for storing motor vehicles shall be screened from all contiguous residential property by a solid brick or stone wall at least twelve (12) inches thick and forty-two (42) inches high or by evergreen hedges or evergreen growing trees that are thickly planted and maintained and that are at least forty-two (42) inches in height when planted.

314.6 Any person who engages in outdoor storage of motor vehicles on a lot shall observe the following conditions:

(a) The lot shall normally be open to the public during regular business hours, which shall be at least thirty (30) hours a week;

(b) Each motor vehicle stored or displayed outdoors, unless being held for customer pickup following a retail sale, shall be offered for retail sale, except that up to four (4) motor vehicles, or one (1) motor vehicle per two thousand (2,000) square feet of lot space, whichever is greater, may be stored outdoors while being prepared for sale or other disposal;

(c) Each motor vehicle being offered for retail sale shall display a completed Federal Trade Commission Buyers Guide with “implied warranties only” disclosures, in accordance with the Federal Trade Commission’s Used Car Rule, 16 CFR Part 455, and shall be in running condition;

(d) The title for each motor vehicle that is stored or displayed outdoors shall identify the person as the owner, except that a motor vehicle being held for customer pickup following a retail sale may show the customer as the owner;

(e) All holders of Motor Vehicle Salesman licenses for the lot shall be employees of the person who holds the Motor Vehicle Dealer license and the Used Car Lot license for the lot;

(f) All Motor Vehicle Salesman licenses issued for the lot shall be designated as “Seller Only” licenses, except that up to one (1) Motor Vehicle Salesman license per three thousand (3,000) square feet of lot space may be designated as a “Buyer and Seller” license;

(g) No motor vehicle parts or trash shall be stored outdoors on the lot, unless stored off the ground in secured containers; and

(h) No disassembled or junk vehicles shall be stored outdoors on the lot.

314.7 Violation of this section shall be cause for denial, suspension, or revocation of a basic business license, with a Motor Vehicle Sales, Service, and Repair license endorsement, for a Used Car Lot.

History

SOURCE: Final Rulemaking Published at 56 DCR 1720-1724 (February 20, 2009).

16 DCMR § 315 [RESERVED]

16 DCMR § 316 [RESERVED]

16 DCMR § 317 [RESERVED]

16 DCMR § 318 [RESERVED]

16 DCMR § 319 [RESERVED]

16 DCMR § 320 INFORMATION REQUIRED IN CONTRACTS

320.1 In the case of a retail installment transaction, all information itemized in the following captions shall be furnished in writing to the purchaser, and shall be set forth on the first page in the body of the retail installment contract:

(a) DESCRIPTION OF THE MOTOR VEHICLE SOLD;

(b) CASH SALE PRICE OF VEHICLE AND EQUIPMENT;

(d) CASH DOWN PAYMENT (Including any Cash Deposit);

(e) AMOUNT CREDITED FOR ANY TRADE-IN;

(f) TOTAL CASH PRICE BALANCE;

(g) COST OF INSURANCE AND SUMMARY OF INSURANCE COVERAGE;

(h) PRINCIPAL BALANCE;

(i) FINANCE CHARGE;

(j) TIME PRICE BALANCE; and

(k) TERMS OF PAYMENT OF TIME PRICE BALANCE.

320.2 In the case of a cash sale all information itemized in the following captions shall be furnished in writing to the purchaser by the dealer on an invoice:

(a) DESCRIPTION OF THE MOTOR VEHICLE SOLD;

(b) CASH SALE PRICE OF VEHICLE AND EQUIPMENT;

(d) CASH DOWN PAYMENT (Including any Cash Deposit);

(e) AMOUNT CREDITED FOR ANY TRADE-IN;

(f) TOTAL CASH PRICE BALANCE; and

(g) COST OF INSURANCE AND SUMMARY OF INSURANCE COVERAGE.

320.3 The original and each copy of the completed invoice or of the retail installment contract shall bear the certification of the dealer that the information contained in the document and required by this chapter to be itemized is true.

320.4 A legible copy of each invoice and each contract shall be retained in the District by the dealer for not less than three (3) years, in such manner as to make all copies readily accessible for review by the Director or the Director's representative.

320.5 The last names and license numbers of each salesperson who participated in negotiating the sale shall also be inserted on the invoice or contract, and those persons shall be identified on the document as the salesperson(s).

320.6 All information required by this chapter to be inserted in blank spaces (other than signatures) shall be filled in by typewriter or by writing the information legibly in print style.

16 DCMR § 321 FORMAT OF INVOICES AND CONTRACTS

321.1 Spaces shall be provided on the first page of the retail installment contract for the signatures of the purchaser and the seller.

321.2 Except as otherwise provided in this chapter, all printed portions of the invoice and the retail installment contract shall be at least eight point (8 pt.) type.

321.3 There shall be printed or typed on the first page of each retail installment contract, in BOLD FACE TYPE no smaller than fourteen point (14 pt.), immediately above the line reserved for the signature of the purchaser, the following notice:

NOTICE TO PURCHASER: IT IS AGAINST THE LAW FOR THE SELLER TO PERMIT OR REQUEST YOU TO SIGN THIS DOCUMENT BEFORE ALL BLANKS ABOVE HAVE BEEN FILLED IN BY THE SELLER AND HE HAS SIGNED THIS PAPER CERTIFYING THAT THE ABOVE INFORMATION IS CORRECT.

321.4 There shall be printed or typed on the first page of each retail installment contract in BOLD FACE TYPE no smaller than ten point (10 pt.) type, the following:

(a) Each of the captions designated and required by § 320;

(b) A specific statement immediately under "SUMMARY OF INSURANCE COVERAGE" [See: § 320.1(g) and § 320.2(g)] that the insurance to be purchased by the seller, if any, does not include liability insurance coverage for personal injury and property damage caused to others, unless otherwise stated; and

(c) A statement immediately after the statement required by § 321.3(b) that insurance against physical damage to the motor vehicle protects the interests of the seller only, if that is the case.

321.5 There shall be printed or typed on each invoice, in bold face type no smaller than ten (10) point, immediately under "SUMMARY OF INSURANCE COVERAGE," [See: § 320.1(g) and § 320.2(g)] a specific statement that the insurance to be purchased by the seller, if any, does not include liability insurance coverage for personal injury and property damage caused others, unless otherwise stated.

16 DCMR § 322 DELIVERY OF CONTRACT TO BUYER

322.1 The original invoice shall be delivered to the purchaser at the time of the sale.

322.2 The duplicate copy of the retail installment contract shall be delivered to the purchaser at the time the purchaser signs the instrument of security.

History of Regulations since Last Compilation by Agency (July 1998)

16 DCMR § 323 ADVERTISING

323.1 No dealer shall in any advertisement for the sale of a motor vehicle use any word, term, or phrase which is deceptive, misleading, or which is bait advertising.

323.2 No dealer shall in any advertisement for the sale of a motor vehicle use any qualification or condition such as "upon approved credit" or any similar statement to justify an advertisement offering extremely low down payments or terms which can be granted only to a relatively few of the persons responding to, or expected to respond to, the advertisement.

323.3 As used in this section, the term "bait advertising" means an alluring but insincere offer to sell a motor vehicle which the advertiser in truth does not intend or want to sell, the purpose thereof being to switch purchasers from buying the advertised merchandise in order to sell something else, usually at a higher price or on a basis more advantageous to the advertiser.

323.4 The primary aim of bait advertising is to obtain leads as to persons interested in buying merchandise of the type so advertised.

323.5 Whenever the amount of the down payment is shown in any advertisement there shall be included, immediately adjacent to the amount of the down payment, a clear, conspicuous and non-deceptive statement of the cash sale price of the vehicle.

323.6 If either the amount or number of the installment payments are mentioned in any advertisement, then both the amount and number of those payments shall be mentioned and with equal prominence and clarity and immediately adjacent to each other.

323.7 In any printed advertisement of the price or terms of sale of any motor vehicle, any qualification or condition in connection with the price or terms shall be printed immediately adjacent to the price or terms in type of such size and style and in such words and manner as that it clearly, conspicuously and non-deceptively sets forth any such qualification or condition.

323.8 When any person licensed under this chapter advertises by means of radio or television the price or terms of sale of any motor vehicle, the advertisement shall be so phrased and delivered as to be in consonance with and consistent with the spirit and intent of this section.

323.9 For the purposes of this section, any qualification or condition shall be printed in twelve point (12 pt.) type or type one-half (1/2) the size of the type used for the price or terms which are qualified or conditioned, whichever is greater.

323.10 The provisions of this section shall not apply to any printed advertisement in which none of the type used exceeds twelve point (12 pt.) in size.

16 DCMR § 324 DOWN PAYMENTS

324.1 No dealer shall demand or receive, either directly or indirectly, as a cash down payment any payment from any buyer in excess of the amount shown on the retail installment contract opposite the item captioned "CASH DOWN PAYMENT."

324.2 No promissory note accepted by a dealer as all or part of the "CASH DOWN PAYMENT" in connection with a retail installment transaction shall be secured by the motor vehicle purchased in the transaction. Any such promissory note shall be deemed to have been accepted as the equivalent of cash and shall be so recorded on the retail installment contract.

16 DCMR § 325 INSURANCE: TYPES AND AMOUNTS

325.1 A buyer who executes a retail installment contract may be required to provide, at the buyer's own cost, insurance covering the motor vehicle for the protection of the holder.

325.2 The insurance required under § 325.1 shall be limited to the following:

(a) Collision insurance with a deductible of at least fifty dollars ($ 50);

(b) Towing and labor costs; and

325.3 The charges for insurance allowed under this section shall not exceed the premiums chargeable for the insurance under applicable law.

325.4 No dealer shall execute any retail installment contract and no sales finance company shall purchase any such contract if the contract contains a charge for single interest insurance protecting the interest of the holder only, unless the policy or policies of the insurance contain a waiver of subrogation rendering it impossible for the insurance company to collect from the buyer any loss which it may pay to the holder.

325.5 With the agreement of the buyer, charges not exceeding the premiums chargeable under applicable law may be included in the retail installment contract for the cost of the following types of insurance:

(a) Automobile bodily injury and property damage caused others;

(b) Automobile medical payments; and

325.6 No costs shall be included in the retail installment contract for any type of insurance not authorized by this section.

325.7 The amount of credit life insurance shall not, at any time, exceed the greater of the scheduled or actual unpaid "TIME PRICE BALANCE."

325.8 With respect to any insurance purchased by the holder which protects the interests of both the holder and buyer, the holder shall, within thirty (30) days after the execution of the retail installment contract, send or cause to be sent to the buyer a policy or policies or certificate or certificates of insurance, clearly setting forth the amount of the premium, the kind or kinds of insurance, the coverages and, if a policy, all the terms, exceptions, limitations, restrictions, and conditions of the contract or contracts of insurance; or if a certificate, a summary of that certificate.

325.9 The buyer shall have the privilege of purchasing insurance from an agent, broker, or company of the buyer's own selection; Provided, that inclusion in the retail installment contract of the cost of insurance purchased by the buyer from an agent, broker, or company selected by the buyer shall be at the option of the seller.

325.10 The buyer shall also have the privilege of utilizing existing insurance in lieu of insurance which the seller may, under this chapter, require the buyer to provide at the buyer's own cost.

325.11 All insurance referred to in this chapter, whether that insurance may be required by the seller or may be purchased voluntarily by the buyer, means insurance issued or written by a company licensed to do business in the District of Columbia.

16 DCMR § 326 CHANGE IN SOURCE OF INSURANCE OR CHANGE IN PREMIUM

326.1 In each retail installment contract in which a charge is included for insurance, if the holder is unable to purchase the insurance, or if the amount included for insurance is later determined to be more than the premium for the insurance actually purchased, it shall be the duty of the holder to so advise the purchaser in writing by certified or registered mail, within five (5) calendar days of the date the holder learns of the inability to purchase or the increased amount.

326.2 If the holder is unable to purchase the insurance or if the amount included in the contract for insurance exceeds the premium for the insurance actually purchased by the holder, then the holder shall refund or credit to the purchaser the amount included for insurance or the excess amount, as the case may be.

326.3 Except to the extent that the credit under § 326.2 is applied toward payment for similar insurance, it shall be applied to the earliest installments of the contract maturing thereafter; or, at the option of the holder, the credit, plus interest thereon at the rate of eight percent (8%) per annum from the date on which the credit becomes available to the date it is applied to the indebtedness of the purchaser, may be applied to installments maturing subsequent to the earliest installments.

326.4 Notwithstanding the provisions of this section and the provisions of § 337, whenever a seller includes in a retail installment contract any charge for insurance protecting the buyer against legal liability arising from bodily injury or property damage caused others, that seller shall not permit the buyer to take possession of the motor vehicle which is the subject of the retail installment contract unless and until the insurance has become effective under a standard contract of bodily injury and property damage insurance.

16 DCMR § 327 REFUND OF INSURANCE PREMIUMS

327.1 If insurance for which a charge is included in a retail installment contract is canceled or the premium adjusted, any refund of the insurance premium received by the holder shall be credited to installments of the instrument of security maturing thereafter.

327.2 Except to the extent that the refund is applied toward payment for similar insurance protecting the interests of the buyer and the holder, or either of them, it shall be applied to the earliest installment of the contract maturing thereafter; or at the option of the holder, the refund (plus interest thereon at the rate of eight percent (8%) per annum from the date on which the refund becomes available to the date it is applied to the indebtedness of the purchaser) may be applied to installments maturing subsequent to the earliest installments.

16 DCMR § 328 FINANCE CHARGES

328.1 Public Law 86-431, § 2 (D.C. Official Code §§ 50-602 et seq.), regulates and controls the maximum finance charges allowable in connection with the sale of motor vehicles. [See Also: D.C. Official Code §§ 28-3601 et seq.].

328.2 The finance charge authorized by the preceding subsection shall be computed on the principal balance payable for a motor vehicle from the date of the instrument or contract until the maturity of the final installment, notwithstanding that the balance thereof is required to be paid in installments.

328.3 For a period less or greater than twelve (12) months or for amounts less or greater than one hundred dollars ($ 100), the amount of the maximum charge set forth in the foregoing schedule shall be decreased or increased proportionately.

16 DCMR § 329 SCHEDULE OF PAYMENTS

329.1 Except as otherwise provided in § 330, all payments scheduled to be made under any instrument of security shall be in equal amounts and at regular intervals.

329.2 The regular intervals shall be monthly, semimonthly, biweekly, or weekly.

329.3 Each retail installment contract shall set forth, under the caption "TERMS OF PAYMENT OF TIME PRICE BALANCE," the number of installment payments, the amount of each installment, the interval between the installment payments, the date on which the first installment shall be payable and, if it shall be less than the other installments, the amount of the final installment, which must be paid by the buyer in order to discharge in full the "TIME PRICE BALANCE" as set forth in the retail installment contract.

329.4 If, pursuant to statute or this chapter, the installments (other than the final installment) are not equal in amount, or if the intervals between installments are not regular for all installments, then there shall be included under the caption "TERMS OF PAYMENT OF TIME PRICE BALANCE" a schedule or statement showing the amount of each installment and the due date of each installment.

329.5 No person shall include in any promissory note, payment of which is secured by a retail installment contract, any provision, term, or condition of payment which varies materially from any provision, term, or condition of payment set forth in that retail installment contract.

329.6 If any promissory note contains any provision, term, or condition of payment which varies in any material particular from the provisions, terms, or conditions of payment set forth in the retail installment contract, that provision, term, or condition of payment of the promissory note shall be deemed to be the provision, term, or condition of payment set forth in the retail installment contract.

16 DCMR § 330 IRREGULAR OR UNEQUAL INSTALLMENTS

330.1 Notwithstanding the provisions of § 329, the interval for the first installment payment may be longer than the other intervals but shall not exceed ninety (90) days, except as may be permitted by § 330.4.

330.2 If the governmental charges are not paid directly by the purchaser, any instrument of security may provide that there be one (1) or more special payments in addition to and payable in advance of the regular equal payments; Provided, that the total amount of that special payment or payments shall not exceed the governmental charges.

330.3 The final installment payment may be less in amount than the preceding installment payments.

330.4 If a buyer's livelihood is dependent upon seasonal or intermittent income, one (1) or more of the regular installment payments in the schedule of payments included in any instrument of security may be reduced or postponed.

330.5 Instruments of security and refinancing contracts may provide that the holder shall be entitled to collect on each installment in default for a period of more than ten (10) days one of the following:

(a) A delinquency and collection charge in an amount not exceeding five percent (5%) of each installment or five dollars ($ 5), whichever is less; or

(b) Interest on each installment at a rate not in excess of eight percent (8%) per annum.

330.6 Instruments of security or refinancing contracts may provide for the following in instances of delinquency:

(a) Payment of a reasonable attorney's fee (not exceeding fifteen percent (15%) of the unpaid balance) to an attorney who is not a salaried employee of the holder of the instrument of security or refinancing contract;

(b) Payment of court costs; and

(c) Subject to the provisions of §§ 339 and 340, payment of actual and reasonable out-of-pocket expenses incurred by the holder as a result of the delinquency.

16 DCMR § 331 TRANSFER OF EQUITY

331.1 An instrument of security may prohibit a buyer under a retail installment contract from transferring the buyer's equity in the motor vehicle to another person without the written consent of the holder. Upon giving this consent, the holder shall be entitled to a transfer fee not exceeding ten percent (10%) of the remaining unpaid balance or twenty-five dollars ($ 25), whichever is less.

331.2 Except as provided in the instrument of security pursuant to § 331.1, a buyer may at any time transfer to another person the buyer's equity in a motor vehicle to which an instrument of security relates without obtaining the consent of the holder of the instrument and without prepayment of the instrument or the payment of any fee to the holder.

16 DCMR § 332 SIGNING OF DOCUMENTS

332.1 No person shall execute on behalf of any dealer, and no dealer shall permit any person to execute for or on behalf of that dealer, any invoice or retail installment contract, unless prior to that signing the dealer has in writing designated that person as the dealer's authorized representative for that purpose and has filed the designation with the Director.

332.2 No dealer shall cause or permit any instrument of security covering the sale or assignment or a motor vehicle by that dealer to be signed by a purchaser in blank.

332.3 No dealer shall cause or permit any instrument of security covering the sale or assignment or a motor vehicle by that dealer to be signed by a purchaser prior to the time all information required by this chapter has been completed in the body of the instrument of security by the dealer and certified by the dealer to be correct.

332.4 No dealer shall cause or permit any instrument of security covering the sale or assignment or a motor vehicle by that dealer to be signed by a purchaser before the dealer has exhibited to the purchaser the completed instrument of security and given the purchaser reasonable opportunity to examine the instrument of security and to inform himself or herself of the contents of that document.

16 DCMR § 333 HANDLING AND DELIVERY CHARGES

333.1 No dealer shall demand or receive any payment for conditioning, preparation, handling, or delivery charges respecting a used or second-hand motor vehicle sold under a retail installment contract.

333.2 Nothing in this section shall prohibit a dealer from including any charge for conditioning, preparation, handling, or delivery in the "CASH SALE PRICE."

16 DCMR § 334 WARRANTIES AND GUARANTEES

334.1 No dealer shall demand or receive any payment for a warranty or guarantee respecting a motor vehicle sold under a retail installment contract.

334.2 Nothing in this section shall prohibit a dealer from including a charge for a warranty or guarantee in the "CASH SALE PRICE."

334.3 No warranty or guarantee by the dealer shall be made in any other form than in writing signed by the dealer.

334.4 The dealer shall deliver a written warranty or guarantee to the buyer simultaneously with the delivery to the buyer of the buyer's copy of the retail installment contract.

16 DCMR § 335 STATEMENTS OF ACCOUNT AND RECEIPTS

335.1 Upon written request of a buyer, the holder of an instrument of security or refinancing contract shall give or forward to the buyer a written statement of the dates and amounts of payments and the total amount unpaid under the instrument or contract.

335.2 A holder shall not be required to respond to a request under § 335.1 for a statement of account from the same buyer more frequently than once in any three (3) month period.

335.3 A buyer shall be given a written receipt for each payment made in cash.

16 DCMR § 336 UNAUTHORIZED CHARGES AND CONTRACT PROVISIONS

336.1 Except as provided in this chapter, no dealer or holder shall exact from any buyer anything of value for any service or function in connection with the sale or financing of a motor vehicle or for the execution or recording of a release of a lien on a motor vehicle.

336.2 No person shall include in any retail installment contract any provision waiving or purporting to waive any provision of this chapter.

336.3 Any provision included in any retail installment contract which waives or purports to waive any provision of this chapter shall be void and of no effect.

336.4 No person shall include in any retail installment contract any provision which permits the holder arbitrarily or unreasonably to accelerate the installment payments required by the contract; Provided, that this subsection shall not be construed as prohibiting the purchaser from anticipating one or more installment payments.

16 DCMR § 337 PREPAYMENT AND REFUNDS

337.1 Notwithstanding the provisions of any instrument of security or refinancing contract to the contrary, any buyer may, at any time before maturity, prepay the balance due under that instrument or contract in full in cash or, with the approval of the holder, by extension, renewal, or otherwise.

337.2 If any buyer prepays the balance due under an instrument of security or a refinancing contract, as provided in this section, the buyer shall be entitled to receive a refund of finance charges computed according to the actuarial method, as described by the federal Truth in Lending Act (82 Stat. 149; 15 U.S.C. § 1606(a)(1)(A); 5-29-68) and the regulations issued under that Act.

337.3 If any charge is included in a retail installment contract for credit life insurance, and that retail installment contract is prepaid in full prior to maturity, the holder shall refund or cause to be refunded to the buyer a portion of the credit life insurance charge which shall be not less than an amount computed under the formula commonly referred to as the "actuarial rebate formula" as soon as the buyer does either of the following:

(a) Surrenders the policy or other evidence of insurance to the holder, or

(b) Furnishes a lost-policy release to the holder.

337.4 No refund shall be required in any case under § 337.3 which, when computed by the actuarial rebate formula, would be less than one dollar ($ 1).

16 DCMR § 338 REFINANCING RETAIL INSTALLMENT CONTRACTS

338.1 The holder of an instrument of security or of a refinancing contract, upon request by the buyer, may agree to an amendment to that contract or instrument to extend the scheduled due date of all or any part of any installment or installments or to restate or reschedule the unpaid balance due under the instrument or contract.

338.2 The holder may collect for that refinanced instrument or contract a refinance charge not to exceed an amount computed as provided in §§ 338.3 through 338.5; or, in the alternative, if all or some unpaid installments are deferred for not more than three (3) months, the holder may at the holder's election charge and collect on the amount deferred for the period deferred an amount computed at a rate which does not exceed the maximum which governed the original contract; Provided, that a minimum extension charge of one dollar ($ 1) shall be permitted.

338.3 A refund credit (such as a credit for prepayment under § 337.2), shall be deducted from the sum of the following:

(a) The unpaid balance as of the refinancing date;

(b) The cost of any insurance incidental to the refinancing; and

338.4 The resulting amount under § 338.3 shall constitute a principal balance. The refinance charge shall be computed for the term of the refinancing contract at a rate of finance charge which does not exceed the maximum which governed the original contract.

338.5 The twenty-five dollar ($ 25) minimum finance charge referred to in § 2(a) of Pub. L. 86-431 (74 Stat. 69) shall not apply in calculating refinance charges.

16 DCMR § 339 SALE OR TRANSFER OF VEHICLE OR INSTRUMENT OF SECURITY

339.1 The assignment by the holder of an instrument of security to a dealer who is liable to the holder under a guaranty, an endorsement, or a repurchase agreement relating to that instrument of security shall not constitute the sale or disposition of a motor vehicle within the meaning of §§ 340 through 349 of this chapter, inclusive.

339.2 The transfer of a motor vehicle securing that instrument of security or both the assignment (under § 339.1) and transfer (under this sub-section) to a dealer who is liable to the holder under a guaranty, an endorsement, or a repurchase agreement relating to that instrument of security shall not constitute the sale or disposition of a motor vehicle within the meaning of §§ 340 through 349 of this chapter, inclusive.

16 DCMR § 340 REPOSSESSION

340.1 When a buyer is in default in any of the following, the holder may repossess the motor vehicle:

(a) The payment of any sum due under an instrument of security;

(b) The performance of any other condition which the instrument of security lawfully requires the buyer to perform in order to obtain title to the motor vehicle; or

(c) The performance of any promise which the instrument of security expressly makes a ground for repossession of the motor vehicle.

340.2 Unless the motor vehicle can be repossessed without a breach of the peace, it shall be repossessed by legal process.

340.3 Nothing in this section shall be construed to authorize a violation of the criminal law.

340.4 Within one (1) hour after repossession of a motor vehicle, the individual who performed the repossession shall notify the Metropolitan Police Department of the repossession and shall provide the following data:

(a) The name and address of the registered owner;

(b) The name and address of the repossessor;

(d) The tag number and description of the vehicle;

(e) The location from which the vehicle was repossessed;

(f) Where the vehicle is located;

(g) The date and time of repossession; and

(h) Other information required by the Metropolitan Police Department.

340.5 A deficiency does not arise unless the holder has complied with all of the requirements of §§ 340 through 349, including the mandatory and discretionary notice requirements set forth in § 341.

340.6 Any failure to abide by the requirements of §§ 340 through 349 constitutes an unfair trade practice, the remedies for which include, but are not limited to, those contained in Chapter 39 of Title 28 of the D.C. Code.

340.7 The remedies set forth in § 340.6 are in addition to any other remedy provided by the laws of the District of Columbia, including, but not limited to, Chapter 38 of Title 28 of the D.C. Code and the Uniform Commercial Code.

16 DCMR § 341 HOLDER'S DUTIES ON REPOSSESSION

341.1 At least ten (10) days before any motor vehicle is repossessed, the holder may deliver to the buyer personally, or send to the buyer's last known address by registered or certified mail, a written notice of the holder's intention to repossess the vehicle.

341.2 The notice shall explain the following:

(a) The default;

(b) The actions necessary to cure the default;

(d) The rights of the buyer if the vehicle is repossessed.

341.3 If the default consists solely of the buyer's failure to make one (1) or more installment payments due under the instrument of security, and the default is not more than fifteen (15) days past due, then the holder must deliver to the buyer the notice of intended repossession, as provided in §§ 341.1 and 341.2.

341.4 Within five (5) days after a motor vehicle has been repossessed, the holder shall deliver to the buyer personally, or send to the buyer at the buyer's last known address, by registered or certified mail, a written notice stating the following:

(a) The buyer's right to redeem the vehicle;

(b) The amount due and payable;

(d) The buyer's liability for a deficiency upon resale;

(e) The exact address where the motor vehicle is stored; and

(f) Where any payment is to be made or notice delivered.

341.5 For fifteen (15) days after the notice required by § 341.4 has been delivered personally or mailed, the holder shall retain or store the repossessed motor vehicle in the District or the state and county in which the consumer resides or the state and county where it was located and repossessed. During this period the buyer may redeem the motor vehicle and become entitled to take possession of it.

341.6 Notwithstanding any other provisions of this chapter, the redemption period provided for in this section may be waived by written agreement made and entered into by and between the buyer and the holder after the motor vehicle has been repossessed; Provided, that the agreement must include a provision releasing and discharging the buyer from any claim by the holder for deficiency and discharging the holder from any claim by the buyer for overage.

16 DCMR § 342 BUYER'S RIGHT TO REDEEM THE VEHICLE

342.1 To redeem the motor vehicle the buyer shall do the following:

(a) Pay or tender the amount due under the agreement at the time of redemption, without giving effect to any contractual provision which allows acceleration of any installment otherwise payable after that time;

(b) Tender performance of any other contractual obligation for the breach of which the goods were repossessed; and

(c) If the notice provided for in §§ 341.1 and 341.2 was given, pay the actual and reasonable expenses of retaking and storing the goods.

342.2 Charges under § 342.1(c) shall not exceed three dollars ($ 3) per day, and the total ordinary expenses of retaking shall not exceed one hundred dollars ($ 100).

16 DCMR § 343 REPOSSESSION RIGHTS OF HOLDER AND BUYER

343.1 The provisions of § 341 shall apply to any motor vehicle that is the subject of pending legal process to obtain such possession, until the date of issuance of a court order granting the holder possession of the vehicle pursuant to Chapter 37 of Title 16 of the D.C. Code.

343.2 The provisions of § 341.1 through § 341.3 do not apply if the buyer was guilty of fraudulent conduct; or intentionally and wrongfully concealed, removed, damaged, or destroyed the goods, or attempted to do so; and the goods were repossessed because of that improper conduct by the buyer. The improper conduct alleged by the holder which serves as the basis of this subsection must be specified in the written notice required under § 341.4

16 DCMR § 344 SALE OF REPOSSESSED MOTOR VEHICLE

344.1 If the buyer has paid less than fifty percent (50%) of the cash sale price of the motor vehicle, the holder may sell the motor vehicle at public or bona fide private sale or at public auction, unless the buyer within the fifteen (15) day redemption period prescribed in § 341 requests in writing a public sale or auction and deposits with the seller the sum of fifteen dollars ($ 15) to cover the cost of the sale or auction.

344.2 If the buyer has paid at least fifty percent (50%) of the cash sale price of the motor vehicle, it shall be the duty of the holder to sell the motor vehicle at public sale or at public auction.

344.3 If the holder is not satisfied with the highest bid received at the public sale or public auction held under § 344.2, the holder may reject all bids and sell the vehicle at private sale for not less than the highest bid received at the public sale or public auction.

344.4 The private sale shall be subject to the provisions of § 345.

344.5 The holder shall give at least ten (10) days written notice to the buyer prior to the date of any public sale or auction of the time and place of the public sale or auction.

344.6 The holder shall give at least ten (10) days written notice to the buyer of a private sale, after which the private sale may be held.

344.7 The notice shall be delivered personally or sent by registered or certified mail.

344.8 Any notice required by this section may be given prior to the expiration of the redemption period prescribed in § 341.5.

16 DCMR § 345 PROCEEDS OF SALE OF REPOSSESSED MOTOR VEHICLE

345.1 In the case of a private sale of a repossessed motor vehicle, the proceeds of the sale shall be deemed to be the larger of either the amount actually received as the consideration for that sale or the fair market value of the motor vehicle in its then condition as of the date of the private sale.

345.2 The proceeds of any such sale shall be applied:

(a) To the actual and reasonable cost of the sale;

(b) To the actual and reasonable cost of retaking and charges for putting the motor vehicle in reasonable saleable condition, and for storage: Provided, that storage charges shall not exceed three dollars ($ 3) per day and may begin no earlier than the day after the repossession;

(d) Any balance remaining shall be paid to the buyer, and if a deficiency arises the buyer shall be liable for that deficiency if the contract provides for the deficiency. A written statement showing the disposition of the proceeds and any deposit made shall be furnished to the buyer by the holder.

16 DCMR § 346 CONSUMER REMEDIES

346.1 For purposes of this section, a deficiency does not arise unless the holder has complied with all requirements of §§ 340 through 345 of this chapter, including the mandatory and discretionary notice requirements set forth in § 341.

346.2 Any failure to abide by the requirements of this chapter shall constitute an unfair trade practice, the remedies for which include, but are not limited to, those contained in Chapter 29 of Title 28 of the D.C. Code.

346.3 Remedies cited in §§ 346.1 and 346.2 shall be in addition to any other remedy provided by the laws of the District of Columbia, including but not limited to Chapter 38 of Title 28 of the D.C. Code and the Uniform Commercial Code.

16 DCMR § 347 [RESERVED]

16 DCMR § 348 [RESERVED]

16 DCMR § 349 [RESERVED]

16 DCMR § 350 SAMPLE CONTRACT FORMS

350.1 No dealer shall use any invoice or retail installment contract unless a sample form of that invoice or contract has first been approved by the Director as being in accordance with this chapter.

350.2 Reproductions of the invoice and the retail installment contract in the form approved by the Director shall be assembled in sets in such manner as to provide an original and not less than one (1) copy of the invoice and two (2) copies of the retail installment contract.

350.3 The original and all copies of the original shall bear the same number.

16 DCMR § 351 IDENTIFICATION OF SALESPERSONS

351.1 Each salesperson, while actually engaged in selling or buying or attempting to sell or buy motor vehicles for or on behalf of any dealer by whom he or she is employed, shall carry on his or her person the identification card issued to him or her pursuant to this chapter.

351.2 Upon request of a purchaser or seller or a prospective purchaser or seller, a salesperson shall exhibit the identification card and furnish to the purchaser or seller or prospective purchaser or seller a business card or other written or printed matter containing his or her full name and the number of the current salesperson's license issued to him or her.

16 DCMR § 352 SALESPERSONS' ACTIONS ON BEHALF OF DEALERS

352.1 No licensed salesperson shall sell or buy or offer to sell or buy motor vehicles for any employer except the licensed dealer or dealers by whom he or she is employed and for whom he or she is registered in the Department.

352.2 Any violation of § 352.1 shall be cause for suspension or revocation or the saleperson's license.

352.3 No salesperson may sell or buy or offer to sell or buy a motor vehicle for or on behalf of a dealer by whom that salesperson is employed during such time as the license of the dealer is suspended or revoked, regardless of the validity of the license of that salesperson.

16 DCMR § 353 PENALTIES

353.1 In accordance with D.C. Official Code § 50-607, any person who violates any provision of this chapter shall be guilty of a misdemeanor and punished by a fine not exceeding five hundred dollars ($ 500) or by imprisonment for not more than six (6) months, or both.

16 DCMR § 399 DEFINITIONS

399.1 For purposes of this chapter and in addition to the definitions set forth in D.C. Official Code § 60-601, the following terms and phrases shall have the meanings ascribed:

Amount Credited for any Trade-in - the figure representing the value agreed upon by the dealer and the purchaser for any motor vehicle or other personal property tendered by the purchaser, and accepted by the dealer, as part payment of the purchase price of any motor vehicle.

Assign - any negotiation, sale, conveyance, or transfer in any manner or by any form of an instrument of security.

Automobile repossessor - any person, including a dealer, seller, sales finance company, or person acting under contract as or on behalf of a dealer, seller, sales finance company, or automobile repossession business, who takes possession of a motor vehicle pursuant to the provisions of this chapter.

Cash Sale Price of Vehicle and Equipment - the total cash price of the motor vehicle, accessories and equipment sold to the purchaser before deduction of amount credited for any trade-in, and is the amount for which the dealer will immediately transfer and assign to the purchaser title to the motor vehicle, accessories and equipment free and clear of any lien or encumbrance.

Cash Down Payment - any cash, other than installments of the time price balance, received by the dealer from the purchaser as part payment for a motor vehicle, and as payment of any governmental charges required to be collected by the dealer.

Cost of Insurance and Summary of Insurance Coverage - a statement as to each type of coverage; the amount, term and total premium of the insurance which is included in the total amount to be paid by the purchaser; the extent to which each such type of insurance will protect the interest of the purchaser; and the name of the company or broker with whom the insurance has been placed or to whom application for the insurance will be made.

Description of the motor vehicle sold - the manufacturer's trade name, model, year and serial number of manufacturer's identification number of the vehicle sold.

Director - the Director of the Department of Consumer and Regulatory Affairs, or his or her designated agent.

Governmental charges - include, in addition to those charges enumerated in the Act of April 22, 1960 (Pub. L. 86-431), notary fees, and any amount paid by the dealer for messenger service, not in excess of two dollars and fifty cents ($ 2.50), for obtaining and delivering certificate of title and identification tags.

Holder - any person legally or beneficially entitled to the proceeds of the instrument of security.

Invoice - an itemized statement of the sale of a motor vehicle. The word "invoice" also includes a bill of sale.

Public Sale - a sale where not less than five (5) days notice has been given by a holder to the public specifying where the motor vehicle to be sold is located; at what times, within that period, it may be inspected; and by what time all bids must be received by the holder in order to be considered in the disposal of the vehicle. The notice provided for in this definition shall be an advertisement in a newspaper of general circulation in the area where the property is to be sold. Other motor vehicles may be included in any such newspaper advertisement.

Purchaser or Buyer or Retail Buyer - a person to whom a dealer has sold, traded, exchanged or in any other manner conveyed or transferred legal or equitable title to a motor vehicle.

Sale - sale, trade, exchange, barter, and any other transaction for a consideration which results in the transfer of legal or equitable title to a motor vehicle by a dealer to a purchaser.

Salesperson - any individual (including without limitation any officer, director, partner, or member of a dealer) who either expressly or impliedly represents or holds himself or herself out to be employed, engaged, appointed, authorized or permitted by any dealer to sell or buy or offer to sell or buy any motor vehicle or any interest in a motor vehicle for or on behalf of the dealer, but does not include any individual engaged in the business of buying motor vehicles from licensed dealers for disposition or sale outside the District of Columbia.

The term "salesperson" also includes any person who, for a consideration and with the express or implied consent of a dealer, arranges for the sale of a motor vehicle or any interest in a motor vehicle either by the dealer, or on or from the place of business of the dealer.

The acceptance by a dealer of any transaction resulting from such an arrangement shall, prima facie, constitute that person a salesperson for that dealer, within the meaning of this chapter.

Sales Finance Company - a person engaged in the District of Columbia in the business of purchasing instruments of security from one or more dealers.

Terms of Payment of Time Price Balance - the number of installment payments to be made by the purchaser, the amount of each installment, and the due date or payment period.

Time Price Balance - the total amount remaining to be paid by the purchaser to acquire complete ownership of the vehicle free and clear of all liens or encumbrances.

Total Cash Price Balance - the balance of the cash sale price due, after deducting the cash down payment and the amount credited for trade-in, for which the dealer will transfer and assign to the purchaser title to the motor vehicle free and clear of any lien or encumbrance.

16-4 TOWING SERVICE FOR MOTOR VEHICLES

16 DCMR § 400 GENERAL PROVISIONS

400.1 [RESERVED]

400.2 Except as provided herein, the provisions of this chapter shall apply to every person and entity that provides, or offers to provide, towing services within the District of Columbia, and shall apply to every person and entity that provides, or offers to provide, storage facilities for towed vehicles.

400.3 The provisions of this chapter shall not apply to the towing of vehicles by the government agency that owns or controls them.

400.4 The provisions of this chapter shall not apply to the towing of vehicles by any tow truck owned or operated by an entity or agency of the federal government or the District of Columbia Government.

400.5 The provisions of this chapter shall not apply to the towing of vehicles by tow trucks owned by the person or entity that owns the towed vehicles, where the tow trucks are used only to tow the tow truck owner’s own vehicles and tow services are not offered to the public.

400.6 The provisions of this chapter shall not apply to: vehicles towed into or through the District of Columbia if the tow originates in another jurisdiction and the tow truck is licensed in that other jurisdiction, or to tow trucks registered in another jurisdiction responding to a call from the owner or operator for the removal of a motor vehicle from the District into another jurisdiction, provided that the tow truck is not equipped with a radio receiver capable of being tuned to the Metropolitan Police Radio wave lengths or frequencies.

400.7 Nothing contained in this chapter shall preclude any entity of the Government of the District of Columbia from establishing policies and procedures governing the towing of vehicles by or for that entity, provided that such additional policies and procedures are consistent with the provisions of this chapter.

400.8 Upon demand by the owner or operator of a towed vehicle, a towing business shall provide the name, address, and current telephone number of the towing business’s insurance carrier, and the account number of the insurance policy.

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 401 INSPECTIONS AUTHORIZED

401.1 The Department of Consumer and Regulatory Affairs (DCRA) and other authorized government officials shall have authority to inspect towing businesses and towing service storage lots to determine compliance with these regulations. All violations discovered during inspections shall be reported to the Director, who may fine, suspend, or revoke the licenses of towing businesses, tow trucks, or towing service storage lots in accordance with this chapter.

401.2 Before licensing a towing business, a tow truck, or a towing service storage lot, and at any time while a license or endorsement is in effect, a towing-related business shall permit the Director and other authorized government officials or their agents to inspect towing equipment, tow trucks, towing service storage lots, and any logs or documents related to towing services initiated within the District of Columbia.

401.3 To ensure compliance with these regulations, towing service storage lots shall be subject to periodic and random unannounced inspections by officials of DCRA, and officials of other government agencies authorized to inspect towing-related businesses and vehicles in the District of Columbia.

401.4 No person shall interfere with an inspection authorized under this section.

401.5 Copies of all documents, including any Notices of Infraction, computerized data, electronic records, and log book entries regarding the towing or impounding of a vehicle by a towing business or towing service storage lot shall be maintained at the primary location of the towing business indicated on the application submitted in accordance with § 402, for a period of not less than three (3) years. An owner, tow truck operator, or other employee of the towing business or towing services storage lot shall surrender or arrange the surrender of such records upon lawful demand by the Director, or his/her designated agent, or other authorized government official, within one (1) hour of the time of such demand.

401.6 After demand has been made for records pertaining to any particular transaction, no record may be created and submitted as evidence or explanation of any towing service that had already been provided, except as may be required by an authorized government official during legal proceedings.

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 402 LICENSES REQUIRED FOR TOWING BUSINESSES AND TOWING SERVICE STORAGE LOTS

402.1 No person or entity may own or operate a towing business without having first obtained a Basic Business License and a Basic Business License Endorsement for a Towing Business as required by DC Official Code 47-2851.01 et seq. (2001).

402.2 No person or entity may own or operate a towing service storage lot without having first obtained a Basic Business License and a Basic Business License Endorsement for a Towing Service Storage Lot as required by DC Official Code 47-2851.01 et seq. (2001).

402.3 Each person or entity making application for a Basic Business License Endorsement for a Towing Business shall submit relevant information requested by the Director, in a form and manner specified by the Director, which information shall include the following:

(a) The trade name, primary location of business, and primary phone number of the towing business;

(b) A list of all other locations from which the towing business will operate, and the phone numbers for such locations;

(c) The name, address, and telephone number of each person or entity with an ownership interest in the towing business or towing service storage lot;

(d) The primary storage location, year, make, model, Vehicle Identification Number (VIN), and license plate number of each tow truck that will be used by the towing business;

(e) A list which includes the name, address, date of birth, driver’s license number, and Social Security number of all tow truck operators, employees, agents, and contractors who will be involved in the towing business;

(f) The location and description of the towing service storage lot to be used for the storage of towed vehicles, together with a copy of a deed, lease, contract, or other proof of the right to use the space as a vehicle storage lot, a copy of the Site plan or DC Surveyor’s Plat, and a copy of a valid Certificate of Occupancy permit for that use and location;

(g) Proof of current insurance coverage in the form of an all-risk or public liability insurance policy of at least $ 750,000.00 that remains in effect or is renewable for the duration of the license period. A new certificate of insurance shall be provided whenever the coverage is changed, amended, renewed, canceled, or re-written;

(h) A surety bond in the minimum amount of $ 25,000.00;

(i) Two copies of the billing form that the towing business proposes to use, which reflects current rates for private tows and storage services, trade name(s), business address(es) and business phone number(s).

(j) A completed Basic Business License application;

(k) A Certificate of Occupancy for the location of the business, if the business is not located on the same premises as the towing service storage lot;

(l) A Clean Hands Before Receiving License or Permit Act of 1996 certification form as required by DC Official Code 47-2861 et seq. (2001); and

(m) Certification that the business is registered with the Office of Tax and Revenue.

402.4 Each person or entity making application for a Basic Business License Endorsement for a Towing Service Storage Lot shall submit relevant information requested by the Director, in a form and manner specified by the Director, which information shall include the following:

(a) The trade name, primary location of business, and primary phone number of the towing service storage lot;

(b) A list of all other locations from which the towing service storage lot owner/operator will operate, and the phone numbers for such locations;

(c) Any discontinuance of the availability of the towing service storage lot to the licensee during the license period shall be reported in writing to the Director at least ten (10) days prior to the expiration of the availability.

(d) The towing business’s license shall be suspended during any period of unavailability of the towing service storage lot; and

(e) Proof of a current Garage Keeper’s Legal Liability Insurance Policy of at least $ 50,000.00 which remains in effect or is renewable for the duration of the license period. A new certificate of insurance shall be provided whenever the coverage is changed, amended, renewed, canceled, or re-written.

402.5 The Basic Business License, the Basic Business License Endorsement for a Towing Business, and the Basic Business License Endorsement for a Towing Service Storage Lot shall be valid for two (2) years from the date of issue, unless earlier revoked or voluntarily relinquished, as provided by DC Official Code 47-2851.09 (2001).

402.6 Any changes (additions or deletions) to information provided in an application for a license or endorsement shall be provided to DCRA within fourteen (14) days of the date of the change in a manner specified by the Director.

402.7 All persons with financial interests in towing businesses or towing service storage lots shall be identified on the applications for licenses and endorsements under these regulations, and shall be subject to all provisions of this chapter and the Business and Professional Licensing Administration of the DCRA.

402.8 No person may operate a tow truck, or own or operate a towing business or towing service storage lot, who has been convicted within the preceding five (5) years of a misdemeanor or felony, the elements of which involve motor vehicle theft or fraud, including but not limited to; tampering with auto, attempted unauthorized use of a vehicle and taking property without right.

402.9 Before approving any application for a license or endorsement to own or operate a towing business or towing service storage lot, the Director is authorized to conduct any investigation which the Director deems necessary to determine the applicant’s qualification to own or operate a towing business or towing service storage lot without detriment to the public. The Director’s investigation may include, but shall not be limited to, inquiries into driving and criminal records.

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 403 TOW TRUCK LICENSES

403.1 No person may operate or use any tow truck in a towing business unless such tow truck has been identified in the application (or amended application) for the Basic Business License Endorsement for such towing business, and unless the Director has inspected, approved, and authorized issuance of a DCRA unique alphanumeric identifier for such tow truck.

403.2 Upon approval by the Director of an application, and the payment of the prescribed fees, the Director shall issue a license authorizing the operation of each tow truck identified or described in the application.

403.3 No tow truck may be licensed unless it bears a valid inspection sticker and valid registration issued by the District of Columbia Department of Motor Vehicles.

403.4 The license shall be affixed and prominently displayed on the tow truck, in a location specified by the Director.

403.5 In case of loss, mutilation, or destruction of a license, the Director may issue a duplicate upon proof of the fact of loss and payment of the prescribed fees. A police report shall constitute proof of such loss.

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 404 REQUIRED TOW TRUCK EQUIPMENT AND MARKINGS

404.1 A towing business shall have available for its exclusive use a minimum of one (1) fully equipped and licensed tow truck.

404.2 The trade name, primary location of business and primary phone number of the towing business shall appear on both doors of the cab of the tow truck in contrasting paint or vinyl lettering not less than 3" in height.

404.3 The minimum and maximum private towing and storage fees charged by the towing height. business shall appear on both sides of the tow truck in contrasting paint or vinyl lettering not less than 2" in height.

404.4 The unique alphanumeric identifier issued by DCRA to each tow truck shall appear on both sides of the tow truck in contrasting paint or vinyl lettering not less than 1" in height.

404.5 Each tow truck shall be equipped with a two-way communication system capable of transmitting and receiving messages between the towing business's office and the tow truck anywhere in the District of Columbia. The towing business shall have all permits and licenses required by District of Columbia and Federal law to operate the communications system.

404.6 Each flat-bed tow truck shall have four (4) safety tie-down devices, chains, or straps in any combination. Chains used for light-duty tows (i.e., vehicles with a gross vehicle weight less than 4,000 pounds) shall be "grade 7" high-test chains, a minimum of 5/16" in diameter. Straps shall be 2" webbing with an 8,000 pound-per-linear-inch rating. Chains and straps shall be equipped with a "transportation cluster." Straps shall have a ratchet device.

404.7 If a tow truck is engaged in recovery, it shall have at least one (1) recovery chain of a minimum of "grade 8" alloy, which is a minimum of 5/16" in diameter. In addition, it shall have two (2) four-ton (manufacturer-stamped) snatch blocks with one 4" pulley equipped with locking devices.

404.8 Each crane tow truck shall have at least a retracted boom, rated at four-tons, with one four-ton winch equipped with a minimum of 75 feet of 3/8" wire rope. The cable must be able to support a load equal to or greater than the capacity of the winch. The boom must be able to support a load equal to or greater than the capacity of the winch or winches. Industry standards require a swage and thimble to be used when the wire rope is terminated with a fixed hook. A clip may only be used for an emergency repair. Each crane tow truck shall have dollies with securing devices.

404.9 Each wheel lift tow truck shall have a minimum capacity of 3500 pounds. This standard applies whether wheel lift is on a stand-alone towing vehicle or is in combination with a crane tow truck or flat bed tow truck. In addition, each wheel lift tow truck shall have straps which have 2" webbing with an 8,000 pound-per-linear-inch rating. Chains and straps shall be equipped with a "transportation cluster." Straps shall have a ratchet device.

404.10 All tow trucks shall have the following equipment, in good working order:

(a) One (1) all-purpose 5-pound fire extinguisher (rated 5ABC or better);

(b) One (1) set of wheel blocks;

(d) An air compressor and/or portable air tank equipped with hose and tire chuck for tire inflation;

(e) A minimum of two (2) red flags not less than 12" x 12" in size;

(f) Two (2) portable red reflectors and two (2) red flares;

(g) A set of tools which includes a set of screwdrivers, a wrecking bar, a working flashlight, a set of lug wrenches, a jack, jumper cables, and a first-aid kit; and

(h) At least one (1) of each of the following: broom, shovel, waste container, and axe.

404.11 It shall be unlawful for a tow truck operator to tow a vehicle without properly using equipment that meets the manufacturer's minimum specifications for the towing of a specified vehicle.

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 405 TOWING SERVICE STORAGE LOT REQUIREMENTS

405.1 A towing service storage lot shall be located on a secured lot in the District of Columbia, with appropriate and descriptive signage, and be in full compliance with all District of Columbia laws, regulations, including zoning regulations.

405.2 The towing service storage lot operator shall maintain a log of all vehicles towed to and from its location. The operator shall maintain the log and make it available for inspection as follows:

(a) It shall be available to DCRA investigators and other authorized government officials whenever the lot is open for business and at other reasonable times during regular business hours;

(b) It shall record the receipt and release of every vehicle towed to or from the lot, and for each vehicle shall include identification of the towing business responsible for the tow, the vehicle identification number (VIN), the make, model, year, color, license state, and tag number of the stored vehicle, the owner of the vehicle (if known), and, if a public tow, shall include the Department of Public Works (DPW) towing control number;

(c) It shall also record the date and time the vehicle arrived at the towing service storage lot, a description of any damage to the vehicle upon its arrival, the date and time of removal from the lot, a description of any damage to the vehicle upon its removal, and the person or entity to whom the vehicle was released; and

(d) It shall be maintained and available for inspection for three (3) years after the date of the last entry.

405.3 Prior to releasing a public tow vehicle, the operator of a storage lot shall contact the DPW Towing Control Center by telephone and report the date and time of the scheduled release, the condition of the vehicle, and to whom the vehicle is to be released.

405.4 The holder of a Basic Business License Endorsement for a Towing Service Storage Lot shall apportion the lot into storage lot sections and clearly identify or designate the towing business responsible for each apportioned section.

405.5 When a towing service storage lot is used by more than one towing business, the holder of a Basic Business License Endorsement for a Towing Service Storage Lot shall clearly designate individual storage spaces for each vehicle and shall clearly identify the towing business assigned to each space.

405.6 The holder of a Basic Business License Endorsement for a Towing Service Storage Lot shall employ reasonable procedures and requirements to insure that vehicles are released to rightful owners or other authorized individuals.

405.7 A printed “Owner’s Bill of Rights for Towed Vehicles” statement, issued by the Director, shall be given to the vehicle owner or operator by the tow truck operator before initiating the tow, if either the vehicle owner or operator is on the scene of the tow. The holder of a Basic Business License Endorsement for a Towing Service Storage Lot shall conspicuously post, at each towing service storage lot, the Owner’s Bill of Rights for Towed Vehicles statement and, upon release of the vehicle, shall provide a copy of this statement to the person to whom the vehicle is released.

405.8 If used to store vehicles outside of a permanent garage or permanent building, a towing service storage lot shall comply with the following additional requirements:

(a) The storage lot shall be used exclusively for

(1) Storing towed vehicles following public tows or tows for customers;

(2) Parking vehicles used by customers, employees, visitors, or other persons, to travel to and from the storage lot; and

(3) Parking tow trucks and any other vehicles regularly used by the towing business for the purpose of transporting passengers, vehicles, or equipment;

(b) The storage lot shall not be used to store a towed vehicle for more than sixty (60) days, unless the vehicle is being stored as a result of a public tow;

(c) The storage lot shall be served by an office, located on the storage lot or on an adjoining lot, that has heating, electricity, and a bathroom;

(d) The storage lot shall maintain a permanent sign, visible from the lot entrance, showing the name of the establishment and its hours of operation;

(e) Each automobile space in the storage lot shall have space boundaries that are clearly marked with painted lines;

(f) The storage lot shall be separated by fencing from any adjoining outdoor space not used as a towing service storage lot, whether or not such adjoining outdoor space is owned by the storage lot owner;

(g) Any adjoining public space, or adjoining private space not owned by the storage lot owner, shall be protected from vehicular encroachment by curbs, guard rails, or fencing, that prevent vehicles on the storage lot from protruding into the adjoining space;

(h) The areas of the storage lot used for storing, parking, or moving vehicles shall be paved and maintained;

(i) If the storage lot is used to store five (5) or more towed vehicles and is not located in a C-M or M zoning district, then the areas of the storage lot used for storing vehicles, or the entire storage lot, shall be screened on all sides

(1) by a solid, permanent, opaque fence, or a solid brick or stone wall, at least seventy-two (72) inches high and maintained, or

(2) by evergreen hedges or evergreen growing trees that are thickly planted and maintained and that are at least seventy-two (72) inches in height when planted;

(j) If the storage lot is located in a C-M or M zoning district on a lot that, as shown by the records of the Surveyor of the District of Columbia, abuts a Residence District or abuts a street or alley containing a zone district boundary for a Residence District, then the storage lot shall be screened from the Residence District

(1) by a solid, permanent, opaque fence, or a solid brick or stone wall, at least seventy-two (72) inches high and maintained, or

(2) by evergreen hedges or evergreen growing trees that are thickly planted and maintained and that are at least seventy-two (72) inches in height when planted; and

(k) No vehicle parts or trash shall be stored outdoors on the storage lot, unless stored off the ground in secured containers.

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005), as amended by Final Rulemaking published at 56 DCR 3093 (April 24, 2009).

16 DCMR § 406 PUBLIC TOWS

406.1 All public tows will be requested by government officials through DPW in accordance with its published central tow ordering and dispatching procedures. Any towing business to be used by the District government to conduct public tows must be licensed in accordance with these regulations, and must agree to the rules established by DPW under its central tow ordering and dispatching procedures.

406.2 When a public tow is required, the owner of the vehicle shall be responsible for all charges associated with towing and storing the vehicle, except as may otherwise be provided in this chapter.

406.3 No public tow shall be conducted in the District of Columbia until DPW has issued a towing control number for that tow, except in the case of an emergency as set forth in § 406.5. After receiving a towing control number from DPW, the tow truck operator shall place the towing control number on the vehicle to be towed in a manner prescribed by DPW. The towing control number shall be used on all documents related to the tow.

406.4 Before initiating a public tow from private real property, or a public tow at the direction of a government entity, a towing business shall provide the following information to DPW, in a manner prescribed by DPW:

(a) The name of the tow truck operator, the name of the towing business and the crane number;

(b) The make, model, year, color, license state, and tag number of the vehicle to be towed;

(d) The name, address, and phone number of the person requesting the tow, and the governmental authority of the person requesting the tow (e.g., police officer, parking enforcement official, etc.) if the tow is requested by a government entity;

(e) The reason for towing the vehicle, including the ticket number and violation cited by the governmental authority, if any;

(f) The current location of the vehicle;

(g) The nature and location of any damage to the vehicle;

(h) The address of the place where the vehicle will be towed; and

(i) The address, in the District of Columbia, where the vehicle can be reclaimed.

406.5 In an emergency, a police officer may direct a tow truck operator to tow a vehicle before the towing business provides all of the information required by § 406.4 In those instances, the information required by § 406.4 shall be furnished and a towing control number obtained as soon thereafter as practicable, but in no event more than two (2) hours after the vehicle has been towed.

406.6 When a vehicle is involved in an accident, a public tow of the vehicle shall be ordered if necessary in the judgment of the governmental authority at the scene of the accident.

406.7 No vehicle may be towed from private real property, without the consent of the owner of the vehicle, unless that vehicle has been issued a citation by a police officer or parking enforcement official or at the direction of a police officer in an emergency. Under such circumstances, the owner of the vehicle shall be responsible for all charges associated with towing and storing the vehicle. All public tows from private real property shall be conducted in compliance with the provisions of D.C. Official Code §§ 50-2621 through 50-2624 (2001), which govern the disposition of vehicles left on private property in the District of Columbia.

406.8 Any loss or damage sustained by a vehicle as the result of a public tow by a towing business shall be the sole and entire responsibility of the towing business and not the Government of the District of Columbia, any department or agency thereof, or any government official who requested the tow. The towing business shall assume all liability for the vehicle and the property inside the vehicle, from the point of hook-up until the vehicle is released to its owner or authorized representative. The towing business shall take all precautions necessary to protect persons or property against injury or damage, and shall provide personnel sufficiently trained and capable to perform tows in accordance with the vehicle manufacturer’s directions for towing a particular vehicle.

406.9 When an authorized government official directs the towing of a vehicle to a towing service storage lot, the government official shall notify the vehicle owner of record in accordance with DPW procedures, of the tow and storage, the storage location of the vehicle, and all other information required to be given under applicable District law.

406.10 When a vehicle is towed as a public tow, the government shall notify the vehicle owner of record, in a manner prescribed by DPW, of the tow and storage, the storage location of the vehicle, and all other information required to be given under applicable District law.

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 407 PRIVATE TOWS

407.1 A private tow shall not be subject to the requirements of § 406, but shall be subject to all other sections of these regulations.

407.2 Before a towing business may undertake the private tow of a vehicle in the District of Columbia, the towing business must obtain written consent for the tow from the owner, lien holder, owner's agent, or operator of the vehicle.

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 408 PAYMENT FOR SERVICES

408.1 The maximum rates that may be charged for all public tows initiated within the District of Columbia, and for all other services, including vehicle storage charges, related to public tows shall be as follows:

(a) $ 50 for providing Road Service for all vehicles, including all services provided to restore and or maintain operation of a vehicle, including services such as repairing tires, recharging batteries, and delivering gasoline;

(b) For Standard Towing Services, which apply to any passenger vehicle or any other vehicle with a Gross Vehicle Weight of 8,000 pounds, or less:

(1) $ 100.00 for Preparation, hoist, and tow to location within the District (Roll-back or wheel lift - use of dollies included);

(2) $ 3.00 for Towing charge per mile for each mile beyond the District line (at owner’s request); and

(3) $ 20.00 for Storage, per 24-hour period, or part thereof.

(1) $ 275.00 for Preparation, hoist, and tow to a location within the District (Roll-back or wheel lift - use of dollies included);

(2) $ 6.00 for Towing charge per mile beyond the District line (at owner’s request); and

(3) $ 20.00 for Storage per 24-hour period, or part thereof.

(d) $ 50.00 for Discontinuance Fee (“Drop Fee”) that is charged when the operator of a vehicle that is to be towed asks that the tow be discontinued and the police officer or other official who requested the tow agrees to discontinue the tow, in accordance with 16 DCMR 408.6.

408.2 No rates charged by a towing business for private tows may exceed the rates set forth in the towing business’s Basic Business License Endorsement application (including amendments thereto).

408.3 The holder of a Basic Business License for a Towing Business may collect extra charges on-site for the use of cranes, winches, dollies, or other equipment or services to perform a public tow under extraordinary circumstances or for the restoration or cleaning of an accident site. Within 72 hours after collecting extra charges, the towing business must submit documentary evidence of the extraordinary circumstances to the Director along with a written request for approval of the charges. The Director shall provide a written response within 14 calendar days of receipt of the request for approval. If the Director does not approve extra charges, the licensee of a towing business must provide a refund to the customer in the amount of the disapproved charges within 72 hours of receipt of the Director’s notice of disapproval.

408.4 Storage charges may accrue for any day that the facility is closed to the public so long as the facility is open for the reclaiming of vehicles for at least ten (10) hours per day, Monday through Friday, during normal business hours, and for at least five (5) hours a day, during normal business hours, on either Saturday or Sunday.

408.5 If a tow truck responds to a dispatch, and the police officer or other official who requested the public tow determines that services are no longer required, no charge shall be made by the towing business or service, except as may be authorized by a contract with a government agency. If a towing control number has been issued, the towing business shall notify the DPW Towing Control Center by telephone.

408.6 If a tow truck has applied chains, a dolly, a winch, or other towing device to prepare a vehicle for public tow, and the owner or operator of the vehicle appears and asks that the tow be discontinued, upon concurrence by the police officer or other official who requested the tow (if present), the tow truck operator shall comply, upon payment by the vehicle owner or operator of the rates established for a discontinued public tow. If a towing control number has been issued, the towing business shall promptly notify the DPW Towing Control Center by telephone.

408.7 Unless a towing service storage lot has been notified by a governmental official that a stored vehicle is to be held for evidentiary or other legally permissible purposes, the towing service storage lot shall promptly release the vehicle to the owner or the owner's agent when presented with proof of personal identity and ownership or authorization to reclaim the vehicle, and upon payment of all towing and storage charges due.

408.8 Towing businesses and towing services storage lots shall accept as payment for public towing and storage charges, cash, insurance draft, certified check, bank check, money order, and at least two (2) of the most widely-used, nationally recognized credit cards.

408.9 The owner or operator of the towing service storage lot shall provide to the person to whom the vehicle is released the following:

(a) The towing control number;

(b) The Notice of Infraction or other legal authority for removal of the car;

(d) A receipt for all monies paid; and

(e) A copy of the Owner’s Bill of Rights for Towed Vehicles.

408.10 No repair work shall be done on any vehicle ordered moved by a government official unless the owner of the vehicle or the owner's authorized agent specifically authorizes repair work in writing.

408.11 Written authorization for repair work to any vehicle ordered moved by a government official shall be made on a separate form which clearly indicates that the form authorizes repair work. The form shall not contain any text in a font size smaller than 10 points.

408.12 Not less than one year after publication of this final rulemaking, the schedule of maximum rates will be reviewed upon written request, which includes a cost justification, for consideration by the Director. Subsequent written requests for review of the schedule of maximum rates will be considered not less than 24 months after a prior rate review.

408.13 After considering a request for review of the schedule of maximum rates, the Director, in consultation with the DPW Director, shall determine if the schedule of maximum rates should be changed.

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 409 ITEMIZED STATEMENTS AND RECEIPTS

409.1 Before commencing a private tow, the tow truck operator shall furnish to the owner or operator of the vehicle to be towed a signed and itemized estimate of charges for the tow and other services to be rendered, on a form approved by the Director. The owner or operator of the vehicle shall sign the form before commencement of the tow.

409.2 Each itemized estimate of charges, as prescribed in § 409.1, shall contain the following:

(a) The location from which and to which the vehicle is to be towed;

(b) The name and address of the towing business and the name of the tow truck operator;

(d) A brief description of the vehicle to be towed;

(e) The license plate number and state of registration of the vehicle to be towed;

(f) An itemized estimate of fees to be charged for towing services;

(g) The maximum rate charged per 24 hour period or part thereof, for the storage of the towed vehicle, and a statement that the 24 hour period shall start when the vehicle enters the towing service storage lot; and

(h) The location of the towing service storage lot or repair facility to which the vehicle will be towed.

409.3 After rendering the towing and related services, the tow truck operator shall enter upon the itemized statement the actual amount paid for services rendered, and shall sign the statement to acknowledge receipt of payment.

409.4 A copy of each statement and receipt submitted by a tow truck operator in accordance with the requirements of this section shall be retained by the towing business for three (3) years from the date of issuance, and shall be exhibited upon demand to the Chief of Police or the Director or their agents.

409.5 The direction to tow by an authorized official, in accordance with any section of these regulations, shall not constitute an agreement on his/her behalf, or on behalf of the agency for which he/she works, to pay any charges in connection with the tow, but shall constitute only an authorization to remove the motor vehicle.

409.6 The owner of a towed vehicle shall be responsible for paying all charges for a public tow, and all related towing services charges, in an amount not to exceed the charges authorized by the Director pursuant to § 408.1.

409.7 Payment of all lawful towing and storage charges shall be made by the owner of the vehicle, an agent of the owner, or the insurer of the vehicle before the vehicle is released by the towing business, the tow truck operator, or towing service storage lot operator.

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 410 PROHIBITED ACTS

410.1 It shall be unlawful for any person or entity to offer, solicit, or engage in the towing business or to operate a towing service storage lot without holding a valid, current license or endorsement required by these regulations.

410.2 It shall be unlawful for any person or entity conducting a towing business, or for any person acting on his/her behalf, to represent falsely, either expressly or by implication, that the towing business represents, or is approved by, any private organization which provides emergency road service for disabled motor vehicles.

410.3 In any accident case requiring a report to the police, it shall be unlawful for a tow truck operator to move a vehicle involved in that accident from the position in which the vehicle came to rest after the accident until authorized to do so by a police officer, except in life threatening situations, or to the extent necessary to free person(s) who may be trapped in or by the vehicle.

410.4 It shall be unlawful for any person or entity conducting a towing business, or any agent for such person or entity, to require an owner/operator of a motor vehicle involved in an accident or breakdown, to sign an agreement for repair work as a condition to providing towing service for the vehicle.

410.5 It shall be unlawful for a tow truck operator to use any public space for the accommodation of a vehicle removed from the scene of an accident or breakdown, except as the use of that public space may be directed by a police officer.

410.6 It shall be unlawful for any person or entity conducting a towing business, and for any person acting on his/her behalf, to charge more than one (1) towing fee when the owner/operator of a disabled vehicle requests transport of the vehicle to a repair facility owned or operated by the person or entity conducting the tow.

410.7 Tow truck operators shall not tow vehicles to a repair facility unless the owner or the owner's designated representative gives written consent before removal of the vehicle.

410.8 It shall be unlawful for any towing business owner or tow truck operator, and any person acting on his/her behalf, to install or maintain in a tow truck or in any other place, a radio receiver capable of being tuned to the MPD radio frequencies.

410.9 It shall be unlawful for any tow truck operator to stop at the scene of any accident and furnish any towing service, unless he or she has been called to the scene by the owner/operator of a disabled vehicle or authorized by DPW to provide such service at that accident scene.

410.10 It shall be unlawful for a tow truck operator to deposit upon public space a vehicle that is inoperable or in a state of disrepair, except temporarily and for emergency purposes at the direction of a police officer or other authorized official. It shall also be unlawful for a tow truck operator to deposit such vehicles upon private property except with the express permission of the owner of such property.

410.11 No towing service provider may refuse to provide to the owner or owner's agent, an itemized receipt for all lawful charges made in connection with the towing and storage of a vehicle.

410.12 It shall be unlawful for towing service providers to charge more for public tows than is permitted by the Director.

410.13 Prior to payment of fees and release of a vehicle, no towing service provider may refuse the right of physical inspection of the towed vehicle when requested by the owner, an authorized agent of the owner, the lien holder, or the insurer of the vehicle.

410.14 No person shall refuse to surrender to DCRA upon lawful demand, any license or endorsement that has been suspended, revoked, or canceled.

410.15 Failure to notify the DPW and obtain a towing control number before initiating a public tow in the District of Columbia shall be a violation of these regulations, except as provided in § 406.5.

410.16 No towing service provider shall permit any unlawful use of a towing license or endorsement. Any act or omission by a person acting on behalf of a licensed or endorsed towing business, tow truck operator, or towing service storage lot, may be considered the act or omission of the licensed or endorsed person or entity, which act or omission, if in violation of this chapter, shall be cause for denial, suspension or revocation of a license or endorsement.

410.17 It shall be unlawful for any tow truck operator to tow any type of vehicle in a manner that is not in accordance with the vehicle manufacturer’s instructions for the vehicle. In addition, it shall be unlawful for any tow company to utilize any tow truck or equipment in a manner that is not in accordance with the tow crane manufacturer’s instructions for towing vehicles.

410.18 It shall be unlawful for any towing business or tow truck operator to tow vehicles in the District of Columbia without current insurance coverage in the form of an all-risk or public liability insurance policy of at least $ 750,000.00.

410.19 It shall be unlawful for any towing business to refuse to provide a refund to customers within 72 hours of receipt of the Director’s notice of disapproval, when charges described in 408.3 are not approved by the Director.

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 411 PENALTIES AND ENFORCEMENT

411.1 DCRA shall be responsible for the enforcement of regulations regarding towing businesses and towing service storage lots. Authorized officials of other government agencies may conduct inspections and issue citations for violations or refer them to DCRA for fines, suspension, or revocation of a license or endorsement.

411.2 Any person who believes that a violation of these regulations, or the laws of the District of Columbia on which they are based, has occurred, may file a complaint with the Director, who shall investigate the complaint and take appropriate action.

411.3 The Director may summon the owner of a towing business, a tow truck operator, or the owner of a towing service storage lot to appear before an administrative tribunal to respond to alleged violations of the provisions of this chapter.

411.4 A license or endorsement issued under these regulations may be suspended or revoked by the Director for any of the following reasons:

(a) The application for the license or endorsement contained a false statement of a material fact, or failed to reveal a material fact which, if disclosed at the time the application for the license was filed, would have constituted just cause for denial of the application;

(b) Failure of the licensee to comply with the provisions of this chapter;

(d) Failure of the licensee to comply with the provisions of the General License Law, D.C. Official Code § 47-2851.01 (2001), et seq.;

(e) Engaging in, or holding oneself out as engaging in, towing services or the operation of a towing service storage lot without having current and valid licenses or endorsements, or without having the equipment, insurance, and available storage facilities required by this chapter;

(f) Violation of the traffic laws or regulations of the District of Columbia;

(g) Failure to maintain qualifications and insurance required by this chapter;

(h) Failure to compensate vehicle owners for damage to their vehicles caused by, or due to the negligence of, the operators of a tow truck or towing service storage lot, and failure to reasonably secure and protect a towed vehicle and property therein; or

(i) Failure to pay fees, taxes, fines or other monetary obligations to the Government of the District of Columbia or the Government of the United States.

411.5 Any entity whose towing business or towing service storage lot license and endorsement has been revoked shall not be eligible to make application for a new towing business or towing service storage lot license and endorsement for a period of one (1) year from the date of revocation.

411.6 Any person or entity adversely affected by the denial, revocation, or suspension of a tow truck license, towing business or towing service storage lot license and endorsement, or who has been fined or otherwise disciplined in accordance with the provisions of this chapter, may file an appeal in writing with the Board of Appeals and Review of the District of Columbia or its successor.

411.7 In addition to any other penalty prescribed by law, any violation of this chapter shall be grounds for revocation or suspension of the license issued under this chapter, either before or after conviction.

411.8 A towing business or tow truck operator who performs towing services, and any person or entity who operates a towing service storage lot, without a license or endorsement, or with a license that has been revoked or is currently suspended, may be subject to arrest, fine and imprisonment.

411.9 Tow truck operators shall be responsible for removing all accident debris from the roadway before towing any vehicle involved in a collision. Failure to do so shall be grounds for disciplinary action, including suspension or revocation of the tow truck license, and suspension or revocation of the towing business's license.

411.10 The tow truck operator shall report the presence and the location of debris believed to contain hazardous materials to the DPW Towing Control Center by telephone. Failure to do so shall be grounds for disciplinary action, including fines, suspension or revocation of the tow truck license, and suspension or revocation of the towing business’ license.

411.11 Upon the request of any District government official, a towing business or a tow truck operator shall provide documentary proof of current insurance coverage in the form of an all-risk or public liability insurance policy of at least $ 750,000.00. Failure to do so shall be grounds for disciplinary action, including fines, suspension or revocation of the tow truck license, and suspension or revocation of the towing business’s license.

411.12 Failure to provide a refund as described in 410.19 shall be grounds for disciplinary action, including fines, suspension or revocation of the tow truck license, and suspension or revocation of the towing business’ license.

411.13 If the person or entity licensed under 402.3 is unable to use the towing storage lot identified in 402.3(f) for any reason during the license period, then:

(a) The licensee shall report this fact in writing to the Director at least ten (10) calendar days prior to the day when the towing service storage lot will become unavailable;

(b) The Basic Business License Endorsement for a Towing Business shall be automatically suspended by operation of law during the period that the towing service storage lot is unavailable for use by the licensee; and

(c) The Basic Business License Endorsement for a Towing Business may be reactivated without charge for the remainder of the license period when written evidence of the availability of a substitute towing service storage lot is supplied to the Director by the licensee and verified by the Director, or his designee.

411.14 Instead of any criminal sanctions authorized by law, civil fines and penalties may be imposed as alternative sanctions for any infraction of these regulations.

411.15 Adjudication of any civil infraction shall be pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, (DC Official Code 2-1801.01 et seq. (2001)).

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 412 LICENSING FEES

412.1 (a) The fee for a towing business license shall be $ 775.00 per annum, payable biennially.

(b) The fee for a towing service storage lot license shall be $ 150.00 per annum, payable biennially.

(d) The fee for replacing a lost or damaged towing related license shall be $ 25.00.

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 413 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 414 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 415 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 416 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 417 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 418 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 419 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 420 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 421 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 422 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 423 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 424 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 425 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 426 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 427 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 428 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 429 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 430 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 431 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 432 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 433 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 434 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 435 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 436 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 437 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 438 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 439 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 440 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 441 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 442 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 443 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 444 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 445 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 446 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 447 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 448 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 449 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 450 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 451 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 452 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 453 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 454 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 455 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 456 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 457 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 458 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 459 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 460 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 461 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 462 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 463 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 464 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 465 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 466 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 467 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 468 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 469 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 470 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 471 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 472 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 473 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 474 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 475 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 476 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 477 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 478 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 479 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 480 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 481 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 482 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 483 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 484 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 485 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 486 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 487 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 488 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 489 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 490 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 491 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 492 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 493 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 494 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 495 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 496 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 497 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 498 [RESERVED]

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16 DCMR § 499 DEFINITIONS

499.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Authorized Government Official - A District government official authorized by law, regulation or Mayor’s order to conduct inspections and/or enforcement actions consistent with this chapter.

Basic Business License - the single document designed for public display issued by the business license center that certifies District agency license approval and incorporates the endorsements for individual licenses included in the Basic Business License system.

Basic Business License Endorsement for a Towing Business - the individual license endorsement required for the conducting of a towing business in the District of Columbia.

Basic Business License Endorsement for a Towing Service Storage Lot - the individual license endorsement required for the maintenance of a towing service storage lot in the District of Columbia.

Crane service - a form of towing service which involves moving vehicles by the use of a wheel-lift device, such as a lift, crane, hoist, winch, cradle, jack, automobile ambulance, tow dolly, or any other similar device.

Director - the Director of the Department of Consumer and Regulatory Affairs (DCRA) of the District of Columbia, or his/her designated agent.

Extraordinary Circumstances - conditions or events that are beyond what is usual, regular, or customary and which require special towing functions or services to commence or complete a tow.

Flat-bed service - a form of towing service which involves moving vehicles by loading them onto a flat-bed or roll-back platform instead of using a crane or winch to tow a vehicle.

Normal Business Hours - the hours of 8:00 a.m. through 6:00 p.m.

Owner - the person or entity to whom a vehicle is registered, or to whom it is leased, if the terms of the lease require the lessee to maintain and repair the vehicle. The holder of a contract with a vehicle rental agency shall not be considered the owner of that vehicle.

Police officer - a sworn or reserve officer of the Metropolitan Police Department or any other law enforcement agency with authority to make arrests within, and enforce the laws of, the District of Columbia.

Private tow - the towing of a vehicle at the request of the owner or the authorized agent of the owner.

Public tow - the towing of a vehicle, other than a vehicle owned or controlled by a government entity, at the direction or arrangement of a government entity or, without the consent of the owner or operator of the vehicle, including relocations, repossessions, and tows from private real property.

Relocation - the public tow of a vehicle because it is illegally parked, or for some exigent circumstance that necessitates its removal to a nearby location, but not to a towing service storage lot.

Towing business - any person or entity that provides, or offers to provide, towing services.

Towing control number - a unique number issued by the Department of Public Works to identify and track a vehicle towed in the District of Columbia.

Towing service - any service that involves towing or otherwise moving motor vehicles by means of a tow truck.

Towing service storage lot - a property used to deposit and store vehicles that have been towed.

Tow truck - a motor vehicle equipped to provide either crane or flat-bed towing service.

History

SOURCE: Final Rulemaking published at 52 DCR 522 (January 21, 2005).

16-5 CLOSING-OUT AND FIRE SALES

16 DCMR § 500 GENERAL PROVISIONS

500.1 The provisions of this chapter were issued in Commissioners' Order No. 59-1927 under authority of § 9 of Pub. L. 86-219 (73 Stat. 449; Sept. 1, 1959; D.C. Code §§ 47-2101 et seq.) which is referred to in this chapter as the "Act."

500.2 The provisions of this chapter shall apply to any person who holds, advertises, conducts, or carries-on any closing-out or fire sale subject to the provisions of the Act.

500.3 The Director of the Department of Consumer and Regulatory Affairs or designee (also referred to in this chapter as the "Director") shall administer and enforce the provisions of the Act and this chapter, and shall prescribe the administrative procedures necessary for administration.

500.4 The Director shall prescribe and provide the forms necessary for the administration of the Act and this chapter.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act approved September 1, 1959, Pub. L. 86-219 (73 Stat. 449; D.C. Code §§ 47-2101 et seq.), as amended by § 2003(pp)(1) of D.C. Law 12-261 (effective April 20, 1999) (46 DCR 3142).

16 DCMR § 501 LIMITATIONS ON FIRE SALES

501.1 The goods, wares, or merchandise to be offered for sale at a fire sale shall be only those goods, wares, or merchandise that were actually present in the premises at the time of the occurrence of the fire forming the basis for such fire sale.

501.2 The goods, wares, or merchandise offered for sale in a fire sale shall be limited to those items which are demonstrably lessened in value as a result of having been in the premises at the time of the occurrence of the fire forming the basis for the sale.

501.3 Goods, wares, or merchandise shall be considered as being lessened in value within the meaning of this section if they or the packages containing them, show any sign of having been in premises in which the fire occurred, including but not limited to, visible damage by fire, water, or smoke, or noticeable odor (no matter how slight) indicating that the goods, wares, or merchandise have been in, or in proximity to, the fire.

501.4 Wherever the value of any component part of a set or suite is lessened as described in § 501.3, the whole set or suite shall be considered so affected.

16 DCMR § 502 [RESERVED]

History

SOURCE: License requirements were repealed by § 2003(pp)(1) of D.C. Law 12-261 (effective April 20, 1999) (46 DCR 3142).

16 DCMR § 503 [RESERVED]

History

SOURCE: License requirements were repealed by § 2003(pp)(1) of D.C. Law 12-261 (effective April 20, 1999) (46 DCR 3142).

16 DCMR § 504 [RESERVED]

History

SOURCE: License requirements were repealed by § 2003(pp)(1) of D.C. Law 12-261 (effective April 20, 1999) (46 DCR 3142).

16 DCMR § 505 [RESERVED]

History

SOURCE: License requirements were repealed by § 2003(pp)(1) of D.C. Law 12-261 (effective April 20, 1999) (46 DCR 3142).

16 DCMR § 506 [RESERVED]

History

SOURCE: License requirements were repealed by § 2003(pp)(1) of D.C. Law 12-261 (effective April 20, 1999) (46 DCR 3142).

16 DCMR § 507 [RESERVED]

History

SOURCE: License requirements were repealed by § 2003(pp)(1) of D.C. Law 12-261 (effective April 20, 1999) (46 DCR 3142).

16 DCMR § 508 [RESERVED]

History

SOURCE: License requirements were repealed by § 2003(pp)(1) of D.C. Law 12-261 (effective April 20, 1999) (46 DCR 3142).

16 DCMR § 599 DEFINITIONS

599.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Advertise - the use of any method to bring a closing-out or fire sale to the attention of the public, including without limitation any advertising or notice appearing in any newspaper, magazine, or other publication, or in any handbill, poster, bill, circular, pamphlet, letter, sign, placard, card display, label, or telegram; or broadcast as a part of any radio or television program.

Closing-out sale - as defined in D.C. Code § 47-2101, any sale in connection with which any representation by the person conducting the sale that the sale is being conducted, or is required or compelled to be conducted, for reasons of economic or business distress, inability to continue business at the same location, or the age or health of the owner or owners of the business. The term "closing out sale" shall include but not be limited to, all sales advertised, represented, or held forth under the designation of "going out of business," "discontinuance of business," "selling out," "liquidation," "lost our lease," "must vacate," "forced out," "removal," or any other designation of like meaning.

Fire sale - a sale of goods, wares, or merchandise damaged by fire, smoke, water, or otherwise.

Sale - when not qualified by "closing-out" or "fire," means both "closing-out sale" and "fire sale."

History

SOURCE: License requirements were repealed by § 2003(pp)(1) of D.C. Law 12-261 (effective April 20, 1999) (46 DCR 3142).

16-6 REPAIR OF CONSUMER GOODS

16 DCMR § 600 ADMINISTRATION

600.1 The primary responsibility for the administration of the licensing program established pursuant to this chapter shall rest with the Department of Consumer and Regulatory Affairs (which is also referred to in this chapter as the "Department").

600.2 The Department shall perform the following functions:

(a) Conduct investigations and public hearings from time to time to determine the need for regulation of additional repair industry categories;

(b) Establish license classifications for consumer goods repair dealers and supervisory inspectors licensed by this chapter;

(c) Establish, in its discretion, advisory panels for each repair industry category required by this regulation to serve as technical consultants to the Department and to assist in the preparation of competency examinations;

(d) Develop, after appropriate study, a recommended fee system for repair dealer and supervisory inspector licensees for adoption by the Mayor;

(e) Devise and administer a competency examination system for the licensing of supervisory inspectors in each repair industry category or specialty covered by this regulation; and

(f) Establish pursuant to the D.C. Administrative Procedure Act (D.C. Code § 1-1501 et seq. (1981 Ed.)), the necessary rules to carry out the provisions of this chapter.

600.3 License classifications established under § 600.2(b) shall include the following:

(a) The designation of repair industry specialties within their respective repair industry categories and specific consumer goods repair services within their appropriate specialties; and

(b) The type of repair industry license required by each consumer goods repair dealer and the type of supervisory inspector to be required by each such dealer.

600.4 Each advisory panel established under § 600.2(c) shall consist of three (3) members, who shall be appointed by the Mayor from recommendations submitted to the Mayor by the Department.

600.5 Two (2) members of each advisory panel shall be representatives of the relevant repair industry category or specialty, and one (1) member shall not be affiliated with any repair industry category but shall have relevant technical expertise.

600.6 Tenure for advisory panel members shall be determined by the Mayor.

600.7 The fee system developed by the Department shall be devised in accordance with D.C. Code § 47-2842 (1981 Ed.), so that the license fee is commensurate with the cost to the District of the inspection, competency testing, and other regulatory functions required by this chapter. The fee system shall be structured to fairly apportion these costs among the licensees.

600.8 A person who violates any provision of this chapter shall be subject to a fine or imprisonment pursuant to D.C. Code § 47-2846 (1981 Ed.).

16 DCMR § 601 COMPETENCY EXAMINATION SYSTEM

601.1 In carrying out the competency examination system function, the Department shall prepare and conduct, at least semi-annually, practical examinations which measure diagnostic and performance ability rather than written and communicative skills.

601.2 Written components in the tests shall be kept to a minimum.

601.3 The content of the examinations shall be determined by the Department with the assistance of the appropriate advisory panels.

601.4 In place of an examination prepared by the Department, the Department may certify the use of privately developed examinations, or other appropriate examinations, for the licensing of supervisory inspectors in any given repair industry category or specialty.

601.5 A competency examination not developed by the Department shall be certified only when it meets the following requirements:

(a) The exam is conducted at least semi-annually in the District;

(b) The exam is approved by the Department as a reliable indicator of performance ability, and is reviewed regularly by the Department; and

(c) The exam is administered with the participation of the Department or according to standards approved by the Department.

601.6 If an examination certified by the Department is wholly or primarily in written form, the Department shall make available a practical examination as specified in § 601.1.

601.7 If more than one examination has been made available or certified by the Department, an applicant shall have the option to choose which examination to take.

16 DCMR § 602 REPAIR DEALER LICENSE

602.1 Each consumer goods repair dealer who provides repair services in the District in the motor vehicles repair category, under § 611, and each consumer goods repair dealer who provides services in the electronics equipment repair category pursuant to § 612, shall obtain a license from the Department pursuant to the provisions of this section.

602.2 At such time as consumer goods repair dealer licensure becomes mandatory in repair industry categories

other than the motor vehicle and electronics categories, each consumer goods repair dealer shall be required to secure a separate license for each repair industry category subject to this chapter and in which the dealer provides repair services.

602.3 If a dealer confines repair services to one (1) or more specialties within a category, that dealer shall be required to secure a license only for each specialty in which the dealer provides repair services.

602.4 If a consumer goods repair dealer operates more than one (1) place of business offering repair services subject to this chapter, the dealer shall obtain a separate consumer goods repair dealer license for each separate place of business.

602.5 Each applicant for a consumer goods repair dealer license shall demonstrate to the Department that the applicant conducts or intends to conduct repair services in the District, and that the applicant has supplied the Department with any other information required by § 604 or the Department.

602.6 Each applicant for a consumer goods repair dealer license who employs five (5) or fewer repairmen shall file with the Department a corporate surety bond in the amount of two thousand dollars ($ 2,000).

602.7 Each applicant dealer who employs more than five (5) repairmen shall file a corporate surety bond in the amount of five thousand dollars ($ 5,000).

602.8 The corporate surety bond shall serve as protection for any person aggrieved by violation of this chapter, in accordance with the provisions of D.C. Code § 47-2844 (1981 Ed.).

16 DCMR § 603 SUPERVISORY INSPECTOR LICENSE

603.1 Each motor vehicle and electronics equipment repair dealer shall be licensed as a supervisory inspector or shall be required to employ, under § 631, a supervisory inspector who shall be licensed pursuant to the requirements of this section.

603.2 The Department shall establish a program for competency testing and registration of motor vehicles and electronics equipment supervisory inspectors.

603.4 Any individual who has successfully passed the appropriate competency test and has otherwise complied with the licensing requirements for supervisory inspectors shall be designated by the Department as a "Registered Automotive Supervisory Inspector" or a "Registered Electronics Supervisory Inspector," as the case may be, in the appropriate repair industry category or in a designated repair specialty within that category.

603.5 Failure to obtain a license as required by this section and by § 602 may be raised as an affirmative defense to any suit brought by a consumer goods repair dealer or supervisory inspector seeking to collect payment for services performed by the dealer or inspector in that person's area of licensure.

603.6 Each applicant for a supervisory inspector license shall demonstrate to the Department, in a manner to be prescribed by the Department, the following:

(a) That the applicant is at least eighteen (18) years of age;

(b) The applicant is physically fit to perform the duties of a supervisory inspector;

(c) The applicant has successfully passed the competency examination administered or certified by the Department under this chapter; and

(d) The applicant is of good moral character.

603.7 An applicant shall be presumed to be of good moral character unless he or she has been convicted of a crime which the Department finds has a substantial relationship to the functions and responsibilities to be performed by a supervisory inspector, and that the applicant has not demonstrated good moral character subsequent to the conviction.

16 DCMR § 604 APPLICATION FOR LICENSE

604.1 Each applicant for a consumer goods repair dealer or supervisory inspector license shall file with the Department, on a form provided by the Department, an application for licensure.

604.2 Each applicant for a consumer goods repair dealer license shall, in addition, submit to the Department a copy of the "written estimate" and "final bill" forms required by §§ 633 and 637.

604.3 If there is a change in any information submitted to the Department pursuant to this title, the applicant shall furnish new, corrected information to the Department within twenty (20) days of the change.

604.4 Each application for a consumer goods repair dealer or supervisory inspector license, or for renewal of a license, shall be accompanied by the required license fee, as set by the Mayor pursuant to § 600.

16 DCMR § 605 RENEWAL OF LICENSE

605.1 Each license issued pursuant to this chapter shall be valid for a period of twelve (12) months from the date of issuance.

605.2 Application for renewal of a license, on a form to be provided by the Department, shall be filed with the Department no later than sixty (60) days before the expiration date of the license, accompanied by the license fee required by § 604.4.

16 DCMR § 606 DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE

606.1 The Board may deny an application for a consumer goods repair dealer or supervisory inspector license, or the renewal of a license, if it finds that the applicant:

(a) Has failed to meet any of the applicable qualifications for licensure provided in § 602 (for consumer goods repair dealers) and § 603 (for supervisory inspectors);

(b) Was previously the holder of a license issued pursuant to this chapter which has been revoked, and the grounds for revocation have not been removed or remedied;

(d) Has failed to comply with an order issued under § 623;

(e) Has intentionally made a false, misleading, or fraudulent statement of material fact in his application.

606.2 Under § 622, the Department may suspend, revoke, or refuse to renew a license issued by it when the licensee has violated any applicable provision of this chapter or has failed to comply with an order issued under § 623.

16 DCMR § 607 APPOINTMENT OF RESIDENT AGENT

607.1 Each consumer goods repair dealer licensed pursuant to this chapter who is not a resident of the District shall, upon issuance of the license, immediately appoint a resident agent who resides or who has an office in the District, and shall promptly notify the Department of the name and address of the resident agent.

607.2 The Department shall be notified within five (5) days of any change in the appointment of the resident agent.

607.3 All judicial or other legal process intended for the non-resident licensee and related to the scope of this chapter or other laws or regulations relating to consumer goods repair transactions shall be served upon the resident agent.

607.4 If a non-resident consumer goods dealer fails to appoint or maintain a registered agent in the District, or whenever any registered agent cannot with reasonable diligence be found at the agent's office in the District, or whenever the appointment of the agent is revoked and no new agent is named, the Director of Department of Consumer and Regulatory Affairs or the Director's designee (also referred to in this chapter as the "Director") shall be the agent upon whom any process or other legal notice may be served and upon whom any notice or demand required or permitted by law to be served upon that person may be served.

607.5 Service on the Director of any process, notice, or demand shall be made by delivering to and leaving duplicate copies of the process notice, or demand with the Director.

607.6 If the Director is served, the Director shall cause one copy of the process, notice, or demand to be forwarded by certified mail to the last known address of the non-resident consumer goods repair dealer.

607.7 The Director shall keep a record of all processes, notices, and demands served upon the Director under this section and shall record the time of the service and the action taken.

16 DCMR § 608 CONDITIONS OF LICENSURE

608.1 No consumer goods repair dealer or supervisory inspector license shall be transferred from the person to whom it was issued.

608.2 A consumer goods repair dealer or supervisory inspector license shall be prominently displayed by the licensee at the licensee's place of business or employment.

16 DCMR § 609 [RESERVED]

16 DCMR § 610 CLASSIFICATION OF SERVICES

610.1 The Department shall establish definitions and practice and procedure requirements for the repair industry categories of "motor vehicles" and "electronics equipment" in accordance with §§ 611 and 612.

610.2 The Department shall identify specific consumer goods which fall within the categories set forth in § 610.3 and designate, at its discretion, additional repair industry categories for Department investigation and hearings.

610.3 The following repair industry categories shall be subject to investigation and hearings by the Department to determine the need for further regulation:

(a) Major electrical and gas appliances (such as refrigerators and freezers, clothes washers and dryers, ranges and ovens, humidifiers, and room air conditioning units);

(b) Small electrical appliances (such as electric irons, toasters and waffle irons, electric fry pans, food and beverage blenders, coffee makers, hair dryers, electric shavers, small motors, sewing machines, lamps, and electric tools);

(d) Bicycles;

(e) Camera equipment and optical goods;

(f) Clocks and watches;

(g) Furniture;

(h) Garden equipment;

(i) Jewelry;

(j) Musical instruments; and

(k) Safes and locks.

16 DCMR § 611 REPAIR OF MOTOR VEHICLES

611.1 The repair industry category designated as "motor vehicles" shall include any passenger vehicle fully or partially powered by an internal combustion engine or an electric motor, and intended primarily as a means of transportation, and shall include trailers which are intended primarily for attachment to passenger vehicles.

611.2 The Department shall establish and publish appropriate technical definitions, practices and procedural requirements consistent with this chapter and designed to assure public safety in the field of automotive repair.

611.3 The Department shall identify motor vehicle repair services to be included within the scope of this chapter, including but not limited to repairing or changing tires; lubrication; installing light bulbs, batteries, windshield wiper blades, and other minor accessories; cleaning, adjusting, and replacing spark plugs; replacing fan belts, oil, and air filters; and other minor services which require mechanical expertise to be performed properly and have given rise to a high incidence of fraud or deceptive practices or involve a part of the motor vehicle essential to its safe operation.

611.4 The Department shall establish repair industry specialties within the category of motor vehicles repair and identify the specific types of motor vehicles repair services to be included in each specialty.

611.5 The Department shall establish definitions of the following automotive repair terms and services, along with other terms and services that the Department may deem appropriate:

(a) Motor: Minimum overhaul, engine overhaul, and tuneup;

(b) Brake System: Brake adjustment and replacement, replace brake drum, turn brake drum, renew drum brake linings, rebuild wheel cylinder, rebuild master cylinder;

(d) Steering and Suspension: Replace ball joint, replace shock absorber, replace wheel bearing, balance wheel, front end alignment, recondition power steering gear, replace power steering house;

(e) Exhaust System: Replace tailpipe, replace muffler, replace exhaust pipe;

(f) Ignition System: Replace cable set, replace or clean spark plugs (set), tune-up, replace points and condenser, retiming; and

(g) Fuel System: Replace carburetor, replace fuel pump, replace fuel filter, replace air cleaner.

16 DCMR § 612 REPAIR OF ELECTRONICS EQUIPMENT

612.1 There shall be repair industry category designated as "electronics equipment" which shall include television receivers, radios, audio or video tape recorders or players, phonographs, amplifiers, speakers, transmitters, receiver systems, and any associated electronic components normally used or sold for use in the home.

612.2 The Department shall establish repair industry specialties within the electronics equipment repair category (such as TV repair, sound reproduction equipment, etc.) and identify the types of electronics equipment repair services included in each specialty.

612.3 The Department shall establish technical definitions, practices, and procedural requirements consistent with this chapter, including definitions of the following electronics equipment repair terms and services along with others that the Department may deem appropriate:

(a) Service call;

(b) The terms "rebuilt," "reconditioned," and "rejuvenation";

(d) Grades and component description schedules.

16 DCMR § 613 [RESERVED]

16 DCMR § 614 [RESERVED]

16 DCMR § 615 [RESERVED]

16 DCMR § 616 [RESERVED]

16 DCMR § 617 [RESERVED]

16 DCMR § 618 [RESERVED]

16 DCMR § 619 [RESERVED]

16 DCMR § 620 INVESTIGATIONS

620.1 For purposes of administering, or discovering violations of this chapter, the Department shall be authorized to conduct investigations and hearings that it deems necessary.

620.2 The Department may at any time during normal business hours inspect records relating to matters within the scope of this chapter of any person subject to this chapter.

620.3 If the records are located outside the District, a person subject to this chapter shall, at that person's option, either make the records available to the Department at a convenient location within the District or pay the reasonable and necessary expenses for the Department to examine them at the place where they are maintained.

620.4 The Department may designate representatives, including comparable officials of the State in which the records are located, to inspect the records on its behalf.

620.5 Each consumer goods repair dealer shall prepare and maintain, at the appropriate place of business, records on each repair job.

620.7 Records of repair jobs shall be available for inspection by the Department under this section for a minimum period of four (4) years and shall include the following:

(a) A copy of each written estimate, as required by § 633;

(b) A copy of each final bill, as required by § 637;

(d) A description of the article repaired, including type, serial number, or license tag number in the case of motor vehicles, and other information that would reasonably identify the repaired item; and

(e) All changes of significant identifying numbers.

16 DCMR § 621 COMPLAINT HANDLING PROCEDURES

621.1 A complaint or class of complainants may file with the Director a complaint alleging violation of this chapter; Provided, that no person may file such a complaint with the Department if that person has previously brought that same complaint before a court of law.

621.2 All complaints alleging violation of this chapter which are received by the Department, or any other agency or office of the District government, shall be submitted to the Director for preliminary action.

621.3 If a complaint remains unresolved after mediation by the Department, or when the Department determines that action involving denial, suspension or revocation of a license or refusal to renew may be appropriate, or when a pattern of complaints arises against a person, the matter shall then be referred, with recommendations for disposition for further action.

16 DCMR § 622 DEPARTMENTAL ACTION ON COMPLAINTS

622.1 In response to a complaint filed by a complainant or a class of complainants who failed to obtain relief under § 621, or upon its own initiative, the Department may do any of the following:

(a) Deny, suspend, revoke or refuse to renew any license issued pursuant to this chapter;

(b) Issue a cease and desist order against persons the Department determines to be in violation of this chapter, under § 623; or

(c) Refer the complaint, when the Department determines that immediate legal action may be necessary, to the Corporation Counsel, who shall seek restraining action, including temporary or permanent injunctions, or initiate other appropriate legal action.

622.2 The Department shall provide notice to the applicant or licensee of its intended action and shall notify the applicant or licensee of the right to a hearing relating to Department action authorized by § 622.1.

622.3 All hearings conducted by the Department shall be conducted pursuant to chapter 1 of Title 17 of the D.C. Municipal Regulations (DCMR) and shall be consistent with the provision of the D.C. Administrative Procedure Act (D.C. Code, Title 1, chapter 15).

622.4 For purposes of hearings held pursuant to this section, the Department shall have the power to issue subpoenas in the name of the Chief Judge of the Superior Court of the District of Columbia to compel witnesses to appear and testify or to produce all books, records, papers or documents before the Department.

16 DCMR § 623 CEASE AND DESIST ORDERS

623.1 Upon a finding by the Department that a person is in violation of this chapter, and that the violation has an immediate impact on that person's customers, the Department may issue an order requiring that person to cease and desist from such conduct and to take affirmative action, including restitution equivalent to but not exceeding, the decrease in value of the consumer goods resulting from the violation.

623.2 If the Department determines that a cease and desist order issued under this section has not resulted in corrective action within fifteen (15) days following issuance of the order, the Department shall refer the matter to the Corporation Counsel, and to other interested District government agents, who shall initiate appropriate legal action.

16 DCMR § 624 [RESERVED]

16 DCMR § 625 [RESERVED]

16 DCMR § 626 [RESERVED]

16 DCMR § 627 [RESERVED]

16 DCMR § 628 [RESERVED]

16 DCMR § 629 [RESERVED]

16 DCMR § 630 GENERAL CONSUMER PROTECTION REQUIREMENTS

630.1 All consumer goods repair dealers shall display a sign, designed and approved by the Department, summarizing the major requirements which govern the consumer goods repair industry in the District. The sign shall be conspicuously posted in the business transaction areas of all repair service facilities.

630.2 Prior to making any home visit for the purpose of making repairs or estimating the cost of repairs, a consumer goods repair dealer shall fully disclose any service charge or other fees which will be imposed whether or not repair services are performed.

630.3 A consumer goods repair dealer may reserve the right to require customers to authorize in writing any substantive changes in or additions to repairs authorized by the customer.

630.4 If there is a dispute between the customer and the consumer goods repair dealer regarding charges, adequacy of service, or compliance with any of the provisions of this chapter, the consumer goods repair dealer shall have a lien by operation of law on the goods, if the customer refuses to pay the charges itemized on the written estimate, until the dispute has been resolved by referral to and action by the Department, as provided in §§ 620 through 623, unless the customer posts a bond or security according to rules promulgated by the Department.

630.5 If a repair dealer subcontracts repair services on consumer goods or parts of those goods to other consumer goods repair dealers, the original dealer shall be responsible and liable for the quality and adequacy of the subcontracted work and all of the parts involved.

630.6 If a new part is installed in making repairs, the warranty card covering the new part, if any, shall be delivered to the customer by attaching the warranty card to the final bill.

16 DCMR § 631 SUPERVISORY INSPECTORS

631.1 For each consumer goods repair category or specialty for which a consumer goods repair dealer has been issued a license under this chapter, the dealer shall retain the services of at least one (1) supervisory inspector licensed under § 603 to serve in that category or specialty, except as otherwise provided in this section.

631.2 If a repair dealer is licensed to perform repair services in a single repair industry category which includes several specialties, that dealer need not retain a licensed supervisory inspector licensed in that category if that consumer goods repair dealer employs for each and every specialty in which the dealer provides services a supervisory inspector licensed to serve in that specialty.

631.3 Repair dealers who perform no repair services within their establishments or provide repair services in specific categories only through subcontract with other repair dealers shall not be required to employ or designate supervisory inspectors in those categories.

16 DCMR § 632 RECEIVING ITEMS TO BE REPAIRED

632.1 Upon taking possession of goods to be repaired, whether received at a consumer goods dealer location or taken from a home, a consumer goods repairman shall give the customer a receipt fully disclosing the following:

(a) The name, business address, and telephone number of the consumer goods repair dealer (as that information appears on the license) who is taking possession of the goods or whose agent is taking possession of the goods;

(b) The name and signature of the person who actually takes the goods into custody, and the date the item was received for repair; and

632.2 If it is possible to give the customer a written estimate, as defined in § 633, or any other document which fully discloses all information required by § 632.1 when taking custody of the item, that document may be supplied in lieu of the receipt required by this section.

16 DCMR § 633 WRITTEN ESTIMATES

633.1 Prior to initiating any repair work, the consumer goods repair dealer shall provide to the customer a written estimate and receive written authorization from the customer to make repairs on the basis of that written estimate, unless the customer chooses to waive the right to a written estimate prior to authorizing repairs, under § 634.

633.2 The written estimate shall be signed by the customer and the consumer goods repair dealer, or the appropriate supervisory inspector, and shall contain the following:

(a) The name, address, and telephone number of the repair dealer (as shown on the dealer's license) for the specific place of business in which the goods are accepted for repair or to which they will be taken if picked up at a residence or commercial organization;

(b) The name and address of the customer;

(d) The date the item was received for repair (odometer reading for motor vehicles on this date), the date the estimate was issued, and the promised completion date of the repair;

(e) A notation of all malfunctions, as described by the customer;

(f) A notation by the dealer or supervisory inspector of all repairs required to correct the malfunctions described by the customer;

(g) A general description of all repairs authorized by the customer;

(h) A general description of the labor required for the completion of the authorized repairs, and the cost of that labor;

(i) A general description of the parts to be replaced or added to complete the authorized repairs, and the total cost of the parts;

(j) A statement of all additional charges, itemized as follows:

(1) CHARGE FOR SUPPLYING THE ESTIMATE (in bold type);

(2) Service call charges;

(3) Service and handling charges;

(4) Tax; and

(5) Other charges;

(k) The total charges to the customer [items (h), (i) and (j) of this subsection] and a form statement that the final bill will not exceed these total charges by more than twenty percent (20%) for repairs costing three hundred dollars ($ 300) or less, or by more than ten percent (10%) for repairs costing in excess of three hundred dollars ($ 300), subject to the provisions of § 633.3;

(l) The following statement: "Bond Filed with the Department of Consumer and Regulatory Affairs";

(m) The following inscription in bold type: SAVE THIS DOCUMENT. TO MAKE INQUIRIES, CONTACT THE D.C. DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS BETWEEN (hours of operation) AT (address and telephone number);

(n) A form statement and accompanying check-off box whereby the customer may indicate, when signing the estimate or authorizing repairs orally, whether he or she does or does not wish to waive the right to the return of any replaced part; and

(o) A separate waiver section, as specified in § 634, whereby the customer may authorized oral communication of the information required on the written estimate by signing his or her initials separately in a designated spot below the waiver option.

633.3 The total cost for repair services shall not exceed the total cost quoted on the estimate (written and, if applicable, oral), by more than twenty percent (20%) for repairs costing three hundred dollars ($ 300) or less, or by more than ten percent (10%) for repairs costing more than three hundred dollars ($ 300), unless the customer, subsequent to oral acceptance of an estimate or after signing a written estimate, agrees orally or in writing to modification of the estimated cost beyond the allowable excess.

633.4 Any change in estimated cost agreed to orally by the customer shall be noted by the dealer on the written estimate along with the date, time, and manner in which the agreement to change was reached.

History of Regulations since Last Compilation by Agency (July 1998)

16 DCMR § 634 ORAL COMMUNICATION OF WRITTEN ESTIMATES

634.1 If the customer chooses, the customer may modify the right to receive a written estimate prior to authorizing repairs by signing the separate waiver provision on the written estimate form.

634.2 The waiver of written estimate provision shall be in a form required by the Department and shall provide the customer with the option to authorize repair on the basis of the consumer goods repair dealer's oral communication of the estimated repair cost and the other information required on the written estimate.

634.3 The customer shall exercise the option by signing his or her name and the date in the space provided for waiver option.

634.4 It shall be the responsibility of the customer who signs a waiver to contact the consumer goods repair dealer or supervisory inspector for oral communication of the estimate.

634.5 The waiver of written estimate shall also contain the following:

(a) On the top in bold letters the following statement: YOU HAVE THE RIGHT TO RECEIVE A WRITTEN ESTIMATE WHICH IS SIGNED BY YOU AND THE DEALER BEFORE REPAIR SERVICES ARE AUTHORIZED AND BEGUN;

(b) A statement of any charges which will be made in the event that the customer, upon receiving the estimate orally, elects not to proceed with the repairs;

(c) An instruction to the customer to indicate, on the appropriate space on the written estimate form or waiver form, whether he or she does or does not wish to receive the replaced parts; and

(d) The date and time after which storage charges will be imposed if the customer fails to contact the consumer goods repair dealer for oral communication of the estimate.

634.6 Oral communication of the information required on the written estimate shall in no way be considered a substitute for a written estimate.

634.7 If a customer chooses to authorize repairs on the basis of an oral communication, the written estimate required by § 633 shall be completed by the dealer at the time of the oral communication and presented to the customer along with the final bill.

634.8 If a customer chooses to authorize repairs on the basis of an oral communication of the information contained on the written estimate, the customer's oral consent shall be sufficient authorization to initiate repairs; Provided, that the date, time, and manner in which the oral consent was received shall be recorded on the written estimate and a copy of the written estimate shall be given to the customer along with the final bill.

16 DCMR § 635 EXEMPTIONS FROM ESTIMATE REQUIREMENTS

635.1 The following shall be exempt from the estimate requirements of §§ 633 and 634:

(a) Repairs, the estimated cost of which is fifteen dollars ($ 15) or less, including service charges and other miscellaneous items;

(b) Repairs which, because of parts and labor warranty or other reason, are performed at no cost to the customer; and

(c) Repairs performed totally in a residence; Provided, that the customer upon calling the consumer goods repair dealer to come to the customer's home, specifically waives the estimate requirement because neither the customer nor an authorized adult agent for the customer will be present in the home when the goods are inspected and repairs performed.

635.2 The final costs for repairs exempt under § 635.1(a) shall not exceed the original estimate by more than twenty percent (20%), including tax and other charges.

635.3 The previous waiver of the estimate requirement under § 635.1(c) shall be inapplicable if the customer or an agent previously authorized by the customer is present when the goods are inspected for repair.

16 DCMR § 636 RETURN OF REPLACED PARTS

636.1 The consumer goods repair dealer shall deliver to the customer in the container in which a new part was packed any part replaced by that new part, unless the customer expressly waives this requirement by so indicating on the written estimate as provided in §§ 633 and 634.

636.2 Exhibit and tender of a replaced part to the customer is sufficient in the following circumstances:

(a) The part is too large to be easily moved;

(b) The part must be returned to the manufacturer if the customer wishes to take advantage of a parts warranty; or

16 DCMR § 637 TENDER OF GOODS AND FINAL BILL

637.1 In each repair transaction the consumer goods repair dealer shall present to the customer, at time of return of repaired goods, a properly signed copy of the final bill, as specified in this section.

637.2 If the final bill is on reverse side of the written estimate form or otherwise a part of the written estimate form, items (a), (b), (c), (k) and (l) of the final bill, as itemized in § 637.4, need not be repeated in the final bill if they are clearly stated on the written estimate.

637.3 Tender of consumer goods as repaired shall constitute certification by the dealer that the dealer has fulfilled the dealer's obligations according to the provisions of this chapter.

637.4 The final bill shall be a written statement signed by the dealer or appropriate supervisory inspector, and shall contain the following:

(a) The name, address and telephone number of the repair dealer (as stated on the dealer's license) for the specified place of business in which the goods were accepted for repair or to which taken after pick-up at a residence or commercial organization;

(b) The name and address of the customer;

(d) The date the item was received for repair, the date the estimate was issued, and date on which the repair was completed;

(e) A general notation of each stage of labor required to complete the authorized repairs, the amount of time required to complete each stage, and the total cost of the labor;

(f) An itemization of each part added to or replaced in the repaired goods and a specific disclosure if any parts are rebuilt, used, or reconditioned; a description by name, factory part, number or by name, class and type, of each part added or replaced; and the charges levied for each part added or replaced. No miscellaneous designations (such as "shop supplies" or "shop materials") shall be used;

(g) An itemized statement of all additional charges, including but not limited to charges for supplying an estimate, service calls, storage, service and handling, taxes, and other charges;

(h) Identification of each repairman who performed all or part of the repairs on the consumer goods and identification of the specific stage of repair for which each repairman named was partially or wholly responsible;

(i) A statement identifying any and all work which was subcontracted to any other repair dealer including, when requested by the customer, the name and address of any subcontractors who have performed repair work on all or part of the consumer goods;

(j) A statement describing the exact nature of any warranty on the repairs performed, including labor and parts, unless the warranty is attached to the final bill. If there is no warranty, that fact shall be disclosed;

(k) The statement: "Bond Filed with the Department of Consumer and Regulatory Affairs";

(l) This statement is bold type, on either side of the final bill form: SAVE THIS DOCUMENT. TO MAKE INQUIRIES, CONTACT THE D.C. DEPARTMENT OF CONSUMER AND REGULATORY. AFFAIRS BETWEEN (hours of operation) AT (address and telephone number); and

(m) This statement in bold type: ALL LABOR PERFORMED AND PARTS ADDED OR REPLACED WHERE NECESSARY TO PERFORM THE REPAIRS AUTHORIZED BY THE CUSTOMER.

16 DCMR § 638 PROMISED REPAIR COMPLETION DATE

638.1 The consumer goods repair dealer shall make available to the customer the repaired goods, together with the final bill, on or before the promised date specified on the written estimate (or specified orally and noted on the written estimate) unless the customer is notified of a delay, and the new anticipated completion date is provided, in advance of the original date on which the goods were promised.

638.2 If a repair is delayed beyond the promised completion date, the customer shall have the right upon request to prompt return of the goods.

638.3 In requesting a return under § 638.2, the customer shall specify whether the goods should be reassembled in such a manner as not to be inferior to their condition at the time they were presented for repair, or in such a lesser condition of assembly as the customer shall designate as acceptable.

638.4 Regardless of the state of assembly of the goods chosen by the customer under § 638.3, if the delay is caused solely by circumstances beyond the control of the consumer goods repair dealer, the repair dealer shall be entitled to charge the customer for the value of the services and parts supplied.

638.5 An exact accounting of all services and parts shall be given to the customer.

16 DCMR § 639 RETURN OF UNREPAIRED CONSUMER GOODS

639.1 If authorized repairs are not completed because of the repair dealer's inability, unwillingness or failure to perform the repairs or the customer's unwillingness to accept an increase in the cost of repairs beyond the percentage increase allowed in § 633, the customer shall have the right to prompt return of the goods with all parts properly reassembled and in a condition which is in no way inferior to the condition of the goods when they were presented for repair.

639.2 If repairs are not completed for any of the reasons set forth in § 639.1, there shall be no charge to the customer other than those charges, as specified in the written estimate, which cover such items as the supplying of the estimate, service calls, or storage charges.

639.3 If previously authorized repairs are not completed because of the customer's decision not to proceed with the repairs, for reasons other than the customer's unwillingness to accept an increase in the cost of repairs beyond the percentage allowed in § 633, the customer shall have the right to prompt return of the goods; Provided, that whether the customer demands the return of the goods or not, the consumer goods repair dealer shall be entitled to charge the customer for the value of the services and parts supplied.

639.4 An exact accounting of all services and parts shall be given to the customer.

16 DCMR § 640 STORAGE CHARGES

640.1 Storage charges may be charged by a consumer goods repair dealer in the following circumstances:

(a) If the customer has been notified of the following:

(1) That repairs have been completed;

(2) The date after which storage charges will begin to accrue; and

(3) The cost of the storage charges;

(b) If the customer has failed to call the dealer for oral communication of an estimate as required in § 634; or

16 DCMR § 641 [RESERVED]

16 DCMR § 642 [RESERVED]

16 DCMR § 643 [RESERVED]

16 DCMR § 644 [RESERVED]

16 DCMR § 645 [RESERVED]

16 DCMR § 646 [RESERVED]

16 DCMR § 647 [RESERVED]

16 DCMR § 648 [RESERVED]

16 DCMR § 649 [RESERVED]

16 DCMR § 650 PROHIBITED PRACTICES AND CONDUCT

650.1 A licensee shall not make or authorize any written or oral statement which is untrue or misleading; or any oral or written statement which is known to be untrue or misleading, or which by the exercise of reasonable diligence should be known to be untrue or misleading.

650.2 Advertising deemed to be misleading or untrue shall include, but not be limited to, advertising which fails to conform to the requirements of § 651.

650.3 A licensee shall not fail or refuse to give the customer a copy of the final bill or any document requiring the customer's signature, as soon as the customer signs the document.

650.4 A licensee shall not commit any act related to the operation of consumer repair services involving dishonesty, fraud, or deceit.

650.5 A licensee shall not follow any course of conduct which constitutes gross negligence.

650.6 A licensee shall not make false promises of a character likely to influence, persuade, or induce a customer to authorize the repair, service, or maintenance of consumer goods.

650.7 A licensee shall not aid or abet an associate, employer, or partner in the commission of any of the acts prohibited under this chapter.

650.8 A licensee shall not condone or affirm the commission by an employee of any act prohibited by this chapter.

650.9 A licensee shall not exhibit a persistent pattern of conduct which departs from or disregards accepted trade standards.

650.10 A licensee shall not fail in any material respect to comply with the applicable provisions of this chapter or the rules adopted pursuant to this chapter.

16 DCMR § 651 ADVERTISING BY REPAIR DEALERS

651.1 Advertisements by consumer goods repair dealers shall contain the following information:

(a) The name of the business enterprise, as shown on the license; and

(b) The business telephone number as listed in the local telephone directory.

651.2 The use of words such as "guarantee," "guaranteed," "no-fix-no-pay," or words of like import are prohibited, unless the terms or qualifications are clearly and completely stated, including the disclosure of the following:

(a) The nature and extent of the guarantee as to time, parts, and labor; and

(b) The identity of the guarantor (e.g., surety), clearly identifying whether the consumer goods repair dealer, the manufacturer, the retailer, or any combination of these is the guarantor.

651.3 If terms such as "repaired in the home" are included in an advertisement, that advertisement shall disclose any additional charges for repairs not completed in the home as contemplated.

16 DCMR § 652 OUTDOOR REPAIR AND STORAGE OF MOTOR VEHICLES

652.1 No repair services by a consumer goods repair dealer involving motor vehicles may be performed outside of a permanent garage or other permanent building, located on premises for which the dealer has a license to perform repair services on motor vehicles, except that the dealer may perform outdoors:

(a) Within the boundaries of the dealer’s licensed premises, minor motor vehicle repair services limited to replacing batteries, changing tires, changing light bulbs or air filters, adding washer fluid or motor oil, and other comparably minor services, but excluding oil changes or any other services involving the removal of motor vehicle fluids; or

(b) On disabled motor vehicles, emergency road services limited to jump-starting engines, replacing batteries, changing tires, and other comparably minor emergency services.

652.2 The phrase “outdoor storage of motor vehicles” in Title 16, Section 314, excludes parking, at the licensed premises of a consumer goods repair dealer licensed to perform repair services on motor vehicles, of the following types of motor vehicles:

(a) Customers’ motor vehicles kept on the premises for the purpose of having repair services performed on the vehicles by the dealer;

(b) Motor vehicles used by customers, employees, visitors, and other persons, to travel to and from the premises;

(c) Operational motor vehicles that are owned by or leased to the dealer and that are kept and regularly used by the dealer for the purpose of transporting passengers, vehicles, supplies, or equipment.

652.3 To assist the Director in monitoring compliance with this section and with Title 16, Section 314, a consumer goods repair dealer shall maintain in a secure location on the dealer’s premises, for each motor vehicle kept on the premises that belongs to a customer, a record showing the customer’s name, address, and telephone number, the date the vehicle was received by the dealer, and the type or types of repair services that have been, are being, or are to be performed on the vehicle by the dealer, and shall make such record available for immediate inspection by the Director at any time during regular business hours.

History

SOURCE: Final Rulemaking published at 56 DCR 3096 (April 24, 2009).

16 DCMR § 699 DEFINITIONS

699.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Consumer goods - chattels owned and normally used by an individual for personal, family, or household purposes; and those chattels, normally used for personal, family, or household purposes, which are acquired or used for commercial or business purposes other than for sale or resale.

Consumer goods repair dealer - any person who for compensation undertakes to perform or have performed repair services on consumer goods in the District, unless that person performs those services solely in the course of carrying out his or her duties as a salaried employee of an organization or public agency. Persons licensed pursuant to D.C. Code provisions or other federal laws or regulations relating to the rendering of repair services are exempt from this definition unless they perform other repair services not covered by the statute or regulation and are otherwise subject to this chapter.

Customer - the person who presents consumer goods for repair cost estimates or repairs, or the person in whose name the written estimate and final bill, as defined in § 633 and § 637, respectively, of this chapter.

Director - the Director of the D.C. Department of Consumer and Regulatory Affairs or the Director's representative, agent, or designee.

Organization - a corporation, agency, trust, estate, partnership, cooperative association, or individually owned business.

Person - a natural person or an organization.

Repair industry category - consumer goods repair services which fall into a broad class or into a category of related consumer goods as established and defined by the Department.

Repair services - any kind of activity, including labor, performed or agreed to be performed for compensation involving inspection, pick-up, installation, adjustment, servicing, modification, replacement of parts, or improvement of consumer goods in the District unless that activity is performed in fulfillment of a long-term commercial service contract with a business or commercial organization.

Repair specialty - consumer goods repair services which fall into a subcategory of a repair industry category as specified and defined by the Department.

Supervisory inspector - a repair technician, service manager, or other employee, agent or independent contractor licensed under § 603 and authorized by a licensed consumer goods repair dealer to ascertain on behalf of that dealer that all work performed on consumer goods by that dealer within the supervisory inspector's repair industry category or specialty has been performed properly, in accordance with accepted standards of that repair industry category or specialty and in conformity with all regulations governing repair services in the District.

16-7 MOVING HOUSEHOLD GOODS

16 DCMR § 700 GENERAL PROVISIONS

700.1 No household goods contractor shall engage in the business of the transportation of household goods unless that contractor is registered with the Mayor as provided in this chapter.

700.2 Except for transactions in which the total consideration actually to be paid by an owner is less than fifty dollars ($ 50), no household goods contractor shall begin the transportation of household goods for an owner until after the understanding between the owner and the contractor with respect to the work has been incorporated into a written contract complying with the provisions of § 702.

700.3 The functions of the Mayor under this chapter, and the implementation and enforcement of the provisions of this chapter, are vested in the Director of the D.C. Department of Consumer and Regulatory Affairs (also referred to in this chapter as the "Department"). The Director of the Department, or the Director's representative or designee, are also referred to in this chapter as the "Director."

700.4 The Mayor is authorized to promulgate such procedural rules as may be necessary to govern the conduct of the hearings required under the provisions of § 705.

700.5 Any person who violates any provision of this chapter shall, upon conviction, be punished by a fine not more than three hundred dollars ($ 300), or imprisonment for not more than ten (10) days, or both, for each and every separate violation.

700.6 Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of this regulation pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985. Adjudication of any infraction of this regulation shall be pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985.

16 DCMR § 701 REGISTRATION OF CONTRACTORS

701.1 Each person required to be registered under § 700.1 shall furnish to the Director the registration information required on a form prescribed by the Director.

701.2 The registration form shall require that the Director be provided with the following information:

(a) The contractor's name, principal business address, and home address in the case of an individual;

(b) If the contractor is a corporation or partnership, the names and home addresses of all partners (or the president, vice-president and secretary of the corporation); and

701.3 No person whose registration has been suspended under § 705 shall be re-registered other than in accordance with the terms of the order of suspension, and no corporation or partnership shall be registered if there is then outstanding an order of suspension of the registration of an individual who is an officer of the corporation, or a partner in the partnership.

701.4 After a registration has been submitted, the Director shall return a duplicate copy of the form to the registrant which shall be validated by the Director to evidence the registrant's registration under this chapter.

701.5 The validated form shall contain a registration number to be furnished by the Director.

701.6 Each registrant shall maintain the validated duplicate copy of the registration form at the registrant's main business location (or home, if the registrant has no business address), and shall display the registration form or a copy of it to any actual or potential customer, or the Director, on request.

701.7 The contractor's registration number shall be prominently displayed on each motor vehicle used by the registered contractor.

History of Regulations since Last Compilation by Agency (July 1998)

16 DCMR § 702 CONTRACTS FOR MOVING HOUSEHOLD GOODS

702.1 Each contract required under § 700.2 shall contain the following:

(a) The name, address, and telephone number of the contractor;

(b) A statement of each service to be performed for which charges will be made;

(d) A statement of the manner and time of payment;

(e) The approximate date(s) on which the moving required by the contract is to start and will be completed;

(f) The original location and the destination of the household goods to be transported;

(g) The name, address and telephone number of the place of storage, if any, and the hours during which the stored goods can be inspected by the owner; and

(h) A statement as to whether the contractor maintains insurance coverage for the benefit of customers, insuring against loss of or damage to the customer's household goods while the goods are in the contractor's custody, and if so, the types and financial limitations of that insurance coverage.

702.2 No contractor shall include in any moving contract required under this chapter any provision waiving or purporting to waive any provision of this chapter.

702.3 Any waiver provision included in a contract in violation of § 702.2 shall be void and of no effect.

702.4 No contractor shall accept any payment for the transportation of household goods without promptly delivering to the owner a receipt for that payment, except for payments made by the owner's personal check.

702.5 No release of liability given by an owner to a contractor in connection with the transportation of household goods shall be effective until forty-eight (48) hours have elapsed following completion of delivery, and the owner has not, during that period, rescinded the release by written notification to the contractor postmarked prior to the expiration of the forty-eight (48) hour period.

16 DCMR § 703 ESTIMATES GIVEN WHEN NO WRITTEN CONTRACT IS REQUIRED

703.1 If there is no written contract required under § 700.2, and the contractor furnishes an estimate of the charges to the owner for the transportation of household goods, and the actual charges sought to be collected exceed that estimate by more than ten percent (10%) of the estimate, the contractor shall deliver the household goods to the owner upon the payment of the amount of the estimate plus ten percent (10%).

703.2 Once the goods have been delivered and partial payment made under § 703.1, the owner shall have a period of fifteen (15) days following delivery in which to pay the balance.

16 DCMR § 704 EQUIPMENT AND STORAGE

704.1 All vehicles used by a household goods contractor in connection with the transportation of household goods shall be equipped to protect the goods from damage by the weather and other foreseeable causes.

704.2 If a contractor stores household goods in connection with the transportation of household goods, the place of storage shall provide protection for the goods against damage by the weather and other foreseeable causes.

16 DCMR § 705 SUSPENSION OF REGISTRATION

705.1 If at least three (3) complaints of a registrant's failure to abide by the provisions of this chapter have been made to the Director during any twenty-four (24) month period by at least three (3) separate customers, the Director may give notice to the registrant of the Director's intent to hold a hearing to determine whether the registrant's registration under this chapter should be suspended.

705.2 If a registrant has been convicted of a violation of this chapter or of any other criminal offense involving fraudulent conduct in connection with the transportation of household goods, the Director may give notice to the registrant of the Director's intent to hold a hearing to determine whether the registrant's registration under this chapter should be suspended.

705.3 The notice to be given by the Director shall include the following:

(a) The time [which shall not be sooner than thirty (30) days from the date of the notice] and place for the hearing; and

(b) The basis upon which the Director proposes to suspend the registrant's registration.

705.4 If the hearing is to be held upon the basis of customers' complaints, the notice shall be accompanied by copies of those complaints.

705.5 The notice shall be served upon the registrant personally or by either of the following methods:

(a) By leaving a copy of the notice at the last business address (or home address, if there is no business address) of which the Director has been given notice by the registrant with a person eighteen (18) years of age or older who works or resides there; or

(b) By mailing a copy of the notice by certified mail, return receipt requested, to the business address (or home address if there is no business address) of which the Director has been given notice by the registrant.

705.6 The Director shall conduct the hearing in accordance with the provisions of § 10 of the D.C. Administrative Procedure Act (D.C. Official Code § 2-1510 (2001 Ed.)).

705.7 If on the basis of the evidence the Director is satisfied that the registrant has intentionally and regularly been conducting the business in violation of this chapter, the Director may issue an order suspending that registrant's registration for such time and under such circumstances as the Director deems proper.

705.8 The order of suspension may extend to a permanent suspension of the registration.

16 DCMR § 799 DEFINITIONS

799.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Director - the Director of the Department of Consumer and Regulatory Affairs or the Director's representative, agent, or designee.

Household goods - furniture, appliances, personal effects, and other property used or to be used in a dwelling.

Household goods contractor or contractor - any person (except the federal government, any political subdivision of the federal government, or the government of the District of Columbia) who owns a business which transports household goods for a consideration.

Moving contract - an agreement for the performance of transportation of household goods.

Owner - any person, or that person's agent, who enters into a moving contract for the transportation of household goods owned by that person.

Person - an individual, partnership, corporation, or other legal entity. Registrant - a person registered with the Department pursuant to this chapter.

Transportation of household goods - the act of moving the location of household goods from a dwelling or a place of storage within the District to a dwelling or to a place of storage within the District or within the Washington, D.C. Commercial Zone.

Washington, D.C. Commercial Zone - that area adjacent to and commercially a part of Washington, D.C., as defined and limited in Title 49, § 1048.10 of the Code of Federal Regulations.

16-8 HOME IMPROVEMENTS

16 DCMR § 800 GENERAL PROVISIONS

800.1 No person shall require or accept any payment for a home improvement contract to be undertaken in the District in advance of the full completion of all work required to be performed under the contract, unless that person is licensed as a home improvement contractor or as a licensed salesperson employed by a licensed contractor in accordance with the provisions of this chapter.

800.2 The fee for a license as a home improvement contractor or home improvement salesperson shall be as that prescribed in the District license fee schedule approved by the Mayor.

800.3 No licensed home improvement contractor or salesperson shall hold himself or herself out or engage in business as a home improvement contractor or salesperson under any name other than the name appearing on his or her license; Provided, that nothing in this subsection shall prevent the use of a trade name if the name is contained in the license application and approved by the Director.

800.4 The Director shall not license any person to act as a salesperson for more than one (1) contractor at any one time.

800.5 No person shall include in any contract relating to home improvement work any provision waiving or purporting to waive any provision of this chapter. Any provision included in a contract which waives or purports to waive any provision of this chapter shall be void and of no effect.

800.6 Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of this chapter pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985. Adjudication of any infraction of this chapter shall be pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985.

800.7 Any person who violates any provision of this chapter shall, upon conviction be punished by a fine not exceeding three hundred dollars ($ 300) or by imprisonment for not more than ninety (90) days, or both.

History

SOURCE: Final Rulemaking published at 56 DCR 3098 (April 24, 2009).

16 DCMR § 801 LICENSING OF CONTRACTORS AND SALESPERSONS

801.1 Application for a license to engage in business as a home improvement contractor or salesperson shall be made to the Director on a form prescribed by the Director.

801.2 Each person applying for a license shall submit to the Director under oath, such information as the Director may require to assist in determining whether the applicant is trustworthy and intends to act as a bona fide home improvement contractor or salesperson.

801.3 Each application for a salesperson's license shall include a certification by the licensed contractor for whom the applicant purposes to act as salesperson that the applicant will, if licensed, be employed by that contractor.

801.4 Each applicant for a license as a salesperson (including any contractor, officer, or member of any firm, partnership, joint stock company, corporation, association, or incorporated society when engaging in the activities of a salesperson) shall, at time of initial application, submit three (3) identical full-faced photographs of himself or herself, one inch by one and one-half inches (1 in. x 1 1/2 in.) in size taken not more than three (3) months prior to date of application.

801.5 If the Director is satisfied that an applicant has met the qualifications set forth in § 801.4, the Director shall issue the license.

801.6 When the Director issues a salesperson's license, the Director shall register the licensee as a salesperson for the contractor who certified the application.

801.7 The Director may issue a temporary license as a salesperson, valid for not more than thirty (30) days, to any applicant who presents at the time of making application for a regular salesperson's license, an affidavit on a form prescribed by the Director and sworn to before a notary public, by a contractor located in the Metropolitan Area of the District of Columbia and licensed to engage in the home improvement business in the District, certifying that the applicant will be employed by the contractor as a home improvement salesperson.

801.8 For the purposes of this section, the "Metropolitan Area of the District of Columbia" means the District of Columbia, Montgomery and Prince Georges Counties in Maryland, and Arlington and Fairfax Counties and the cities of Alexandria and Falls Church in Virginia.

801.9 Any false statement contained in the affidavit presented under § 801.7 shall be grounds for the suspension of revocation of the license of the contractor.

801.10 Any false statement contained in the application for license as a salesperson shall be grounds for the denial, suspension or revocation of that license.

801.11 If any officer, director, partner, or managing employee of any applicant for license as a contractor, or any person exercising control, directly or indirectly, over such applicant, is himself or herself deficient in the qualification of trustworthiness so that he or she would not be entitled to a license under this section if he or she applied for it in his or her own name, the deficiency may be deemed to be the deficiency of the applicant.

16 DCMR § 802 BONDS OR OTHER SECURITY

802.1 Each applicant for a contractor’s license shall file in the Office of the Director a bond issued in support of the license for which application is made, extending to third-party recovery, in the penal sum of twenty-five thousand dollars ($ 25,000) running to the District of Columbia, with corporate surety authorized by the Secretary of the Treasury pursuant to Title 6, U.S. Code and by the Commissioner of the Department of Insurance, Securities, and Banking to do business in the District.

802.2 Each bond shall be in a form approved by the Director and shall be conditioned as required by, and shall be subject to, the provisions of § 2 of the Act approved September 6, 1960 (74 Stat. 815; Pub. L. 86-715).

802.3 The conditions of the bond under § 802.2 shall not be construed or understood to require any surety to be responsible for the completion of a home improvement contract entered into by the principal on the bond, nor shall a surety be liable under the bond for any claim other than a claim for financial loss suffered by a homeowner in connection with the transaction between the owner and the principal and arising out of a violation of statute or regulation for which the principal was subject to criminal prosecution by the United States or the District of Columbia.

802.4 In lieu of a corporate surety bond under § 802.1, an applicant for a license as a contractor may deposit with the D.C. Treasurer other security for the protection of members of the public against financial loss by reason of the failure of the licensee, or of any officer, member, salesperson, employee, or other person acting on behalf of the licensee, to observe any statute or regulation in force in the District of Columbia applicable to the licensee's conduct of the business licensed pursuant to this chapter.

802.5 The security which may be accepted by the D.C. Treasurer under § 802.4 shall be one of the following:

(a) Cash in the amount of twenty-five thousand dollars ($ 25,000);

(b) A certified check or cashier’s check in the amount of twenty-five thousand dollars ($ 25,000) made payable to the order to the D.C. Treasurer; or

(c) A marketable bond or bonds or a note or notes having in the aggregate a maturity value of at least twenty-six thousand dollars ($ 26,000) and issued by the government of the Unites States or by any agency or instrumentality of the government, together with an irrevocable power of attorney and agreement, on a form provided by the D.C. Treasurer authorizing the D.C. Treasurer to collect or sell, assign, and transfer that bond or note; Provided, that no such bond or note shall be collected or sold until such time as it may be necessary to make payment to any person entitled to recover damage from the security which the bond represents.

802.6 Cash, certified checks, and cashier's checks deposited for the purposes of this section and the proceeds of the collection or sale of any bond or note made pursuant to this section shall be deposited to the credit of a District of Columbia trust fund account, and shall be available for the payment of any judgment rendered against the licensee in favor of any person who has sustained damage by reason of the violation by the licensee or by his, her, or its officer, member, salesperson, employee, or other person acting on his, her, or its behalf, of any statute or regulation in force in the District of Columbia applicable to the licensee's conduct of the business licensed pursuant to this chapter.

802.7 No payment from the security deposited pursuant to this section on account of any judgment shall be made until that judgment has become final and remains unsatisfied and the period for filing an appeal has expired or the judgment debtor has waived in writing the right to take an appeal.

802.8 If the security deposited pursuant to this section is other than bonds or notes and is reduced below twenty-five thousand dollars ($ 25,000), or if the security is in the form of marketable bonds or notes and, by reason of the payment of or on account of any final judgment, is reduced to an amount less than twenty-six thousand dollars ($ 26,000), the licensee shall, within five (5) calendar days after having been notified in writing by the Director to do so, make an additional deposit to bring the amount on deposit with the D.C. Treasurer for the purpose of this subsection up to the amount required under the appropriate provision of this section.

802.9 Payment made from security deposited pursuant to this section for or on account of a judgment shall include interest and costs as specified in the judgment or as may be required by statute.

802.10 Any security deposited pursuant to this section shall be retained by the D.C. Treasurer for at least three (3) years after the expiration of the license in connection with which the security was deposited.

802.11 If the D.C. Treasurer is notified in writing that suit has been filed against any licensee as a result of which a judgment may be payable out of the security, the security shall be held until such time as appeal from the judgment has expired or until the suit is otherwise disposed of.

History

SOURCE: Final Rulemaking published at 56 DCR 3098 (April 24, 2009).

16 DCMR § 803 INSURANCE

803.1 Each applicant for a license as a home improvement contractor shall furnish evidence satisfactory to the Director that the operations proposed to be conducted by that applicant under the authority of the license for which application is made will be covered by public liability and property damage insurance for the full period of the license.

803.2 The insurance shall be cancelable only after thirty (30) days notice to the Director, and shall provide a minimum limit of liability of fifty thousand dollars ($ 50,000) for bodily injury or death of any one (1) person in any single accident, one hundred thousand dollars ($ 100,000) in the aggregate for more than one (1) person in any single accident, and ten thousand dollars ($ 10,000) property damage in any single accident.

803.3 Notwithstanding the requirements of §§ 803.1 and 803.2, an applicant for a license as a contractor may qualify as a self-insurer by demonstrating to the satisfaction of the Director the following:

(a) That the applicant has employed, and for the period for which the applicant is to be licensed will keep employed, one (1) or more qualified persons to receive, process, adjust, and pay claims arising out of the activities of the applicant as a home improvement contractor; and

(b) That the applicant is, and will continue for the period of the license to be, possessed of sufficient financial resources to pay claims filed with or judgments rendered against the applicant, as evidenced by a showing of a net worth of at least one hundred thousand dollars ($ 100,000) including (as a liability) the maintenance of a reserve of at least five thousand dollars ($ 5,000) to satisfy anticipated or pending claims or lawsuits arising out of the activities as a home improvement contractor.

803.4 The Director is authorized, in determining whether any applicant is qualified to be self-insurer under the provisions of § 803.3, to accept an affidavit of the applicant with respect to the requirements of § 803.3(a), and to accept the certificate of a Certified Public Accountant with respect to the requirements of § 803.3(b).

16 DCMR § 804 APPOINTMENT OF THE MAYOR AS ATTORNEY-IN-FACT

804.1 In the application for any license under this chapter, the applicant shall appoint the Mayor as the applicant's true and lawful attorney upon whom may be served any judicial and other processes or legal notices directed to the licensee in any action or proceeding against the licensee growing out of the operation under the license applied for, and to a signification of the applicant's agreement that any such process or notice which is so served shall be of the same legal force and validity as if served upon the licensee personally in the District.

804.2 No process or notice may be served under the provisions of this section upon any individual residing in the District, or upon any domestic corporation organized under the District of Columbia Business Corporation Act, or upon any foreign corporation having a registered agent in the District under the provisions of that Act.

804.3 The provisions of § 804.1 shall not be operative unless and until at least one (1) bona fide attempt has been made to serve the process or notice in a manner otherwise provided by law.

804.4 Service of process or notice in accordance with the provisions of this section shall be made by leaving with the Director not less than one (1) copy of the process or notice for each defendant to be served, together with a fee of two dollars ($ 2.00) for each defendant, except that no fee will be charged any District office or agency for the service of any process or notice under the authority of this section.

804.5 Upon receipt of the process or notice, accompanied by the required fee and an affidavit stating there has been compliance with § 804.3, the Director shall forward the process or notice by certified mail to each defendant so served, at the address of the defendant as shown on the license issued to the defendant under the authority of this chapter or on the licensee's application for a license.

16 DCMR § 805 INVESTIGATION OF APPLICANTS AND LICENSEES

805.1 The Director is authorized, in connection with the consideration of license applications and from time to time during the license year, during regular business hours, to require any applicant or licensee to make available to the Director such information as the Director considers necessary in determining or verifying whether the applicant or licensee has or retains the qualifications necessary for obtaining or retaining a license, or has violated or failed to comply with any provision of statute or regulation relating to the conduct of the home improvement business or to obtaining or retaining a license.

805.2 The investigation by the Director may include determination or verification of the identity of any person associated with the applicant or licensee in the home improvement business, and the extent, if any, of that person's control, either directly or indirectly, over the business activities of the applicant or licensee.

805.3 Failure to make information available to the Director; failure to furnish to the Director the information the Director is authorized to request by this section; or failure to furnish to the Director or to permit the Director to make one (1) or more copies of such records maintained by the applicant or licensee as the Director may specify, shall be grounds for denial, suspension, or revocation of a license.

805.4 The information required by this section to be furnished to the Director may, at the option of the applicant or licensee, be furnished to the Director at the Director's office or, upon notice to the Director, at the place of business of the applicant or licensee.

16 DCMR § 806 IDENTIFICATION CARDS

806.1 Each individual licensed as a contractor; the officers or members of any firm, partnership, joint stock company, corporation, association, or incorporated society licensed as a contractor; and each salesperson employed by a contractor shall, while engaging, away from the premises for which the license is issued, in any dealings with a homeowner in connection with carrying on the home improvement business with which that contractor, officer, member, or salesperson is associated, carry on his or her person an identification card issued to him or her by the Director.

806.2 Upon the request of a homeowner or other person with whom the contractor or salesperson may deal in connection with licensed activities, each person required by this section to carry an identification card as a contractor or salesperson shall display the card and shall furnish the homeowner or other person dealing with the contractor or salesperson a business card or other written matter containing the full name of the contractor or salesperson and the contractor's or salesperson's license number, as the case may be, including, in the case of the salesperson, the name of the contractor by whom he or she is employed.

806.3 Each person issued an identification card by the Director shall, upon terminating his or her association with the contractor whose name appears on the card, surrender the card to the Director within five (5) business days after the termination of such association.

806.4 Each licensed contractor shall, within five (5) business days from the date of termination of an employee to whom an identification card was issued, notify the Director of the termination of any association between the contractor and that person.

16 DCMR § 807 ADVERTISING

807.1 Notwithstanding the applicable provisions of regulations governing refrigeration and air conditioning licensing and electrical licensing and bonding, and plumbing, but subject to the provisions of this section, a home improvement contractor licensed under the authority of this chapter may advertise in any manner and may state orally to a prospective customer that any contract between the customer and the contractor may provide for the performance of electrical, plumbing, gasfitting, or refrigeration and air conditioning work, or any combination of those services. In any advertisement, the licensee shall include his or her license number.

807.2 Except as provided in § 807.1, all plumbing, gasfitting, electrical, or refrigeration and air conditioning work, or any combination of those services, to be performed under any contract between a homeowner and a home improvement contractor, shall be performed in accordance with all of the requirements of the regulations applicable to that work, with particular reference to the use of qualified personnel (whenever required by the applicable regulations) in the securing the permits and in the performance of the work.

807.3 A licensee shall maintain a list that includes information about all permits obtained and all contractors or subcontractors performing work on any project permitted or requiring a permit under this chapter. Such list shall include the contractor or subcontractor’s name and address and, if applicable, their license number. If requested by the Director, the licensee shall produce this list within forty-eight (48) hours of the Director’s request.

History

SOURCE: Final Rulemaking published at 56 DCR 3098 (April 24, 2009).

16 DCMR § 808 HOME IMPROVEMENT CONTRACTS

808.1 No home improvement contractor or salesman or other agent for the contractor shall accept any payment for home improvement work to be performed for a homeowner until after the understanding between the homeowner and the contractor, or the contractor's salesperson or other agent, with respect to the work, has been reduced to writing in accordance with the provisions of this section.

808.2 The written understanding of the parties shall be incorporated in a written contract which shall be filled in and signed in at least triplicate, on a form which shall comply in all respects with this chapter, with all blank spaces filled in.

808.3 The contract shall be signed by the homeowner and, as the case may be, either by the contractor, or by the salesperson or other agent for the contractor subject to the contractor's approval.

808.4 The names and license number of all salespersons who participated in negotiating the contract shall be inserted in the contract, in the space provided for the purpose, and they shall be identified in the contract as the participating salespersons.

808.5 If the form of contract at the time it is executed by the homeowner is not executed by the contractor, the homeowner shall, at the time of the homeowner's signing the contract, be furnished a copy of the document bearing both the homeowner's signature and the signature of a salesperson. Thereafter, upon the execution of the contract by the contractor, the homeowner shall be furnished a copy of the contract executed both by the homeowner and by the contractor.

808.6 If the form of contract contains a provision that the contract shall not be binding until accepted by the contractor, the contractor shall within fifteen (15) days after the contract has been executed by the homeowner, unless a later date is agreed upon between the contractor and the homeowner in writing, give the homeowner written notice of acceptance or rejection.

808.7 Notice of acceptance or rejection under § 808.6 shall be delivered to the homeowner either personally or by certified or registered mail.

808.8 In case of rejection, any payment made by the homeowner shall returned to the homeowner with the notice of rejection.

808.9 Each contract for home improvement work shall bear the name, address, and telephone number of the home improvement contractor and his home improvement contractor's license number.

808.10 Each contract shall include a description of the terms of payment, the approximate date on which the work required by the contract is to start, and the approximate date on which the work will be completed, such starting and completion dates to be subject to change at the time the contract is accepted by the contractor and at no other time (except by written agreement between the homeowner and the contractor), with notice of any such change to be set forth in the written notice of acceptance of the contract furnished the homeowner by the contractor.

808.11 A contract may include a provision to the effect that the contractor shall not be liable for delays due to unforeseeable causes beyond the control of and without the fault or negligence of the contractor, including acts of God or the public enemy or of the homeowner, fires, floods, strikes, freight embargoes, or unusually severe weather.

808.12 A set of specifications shall be made part of the contract, either by inclusion in the contract or by being incorporated in the contract by reference, showing the work to be done and the materials to be used.

808.13 There shall be no change in specifications without the written approval of the homeowner.

808.14 No contractor or salesperson shall cause or permit any contract or other document relating to the performance of home improvement work to be signed by the homeowner before all blank spaces are filled in with easily legible writing and the contractor or salesperson has submitted to the owner the completed contract or other document and given the homeowner a reasonable opportunity to examine it.

808.15 Each contract shall contain a notice satisfactory to the Director in bold type no smaller than ten (10) point stating in substance that the homeowner shall not sign the contract in blank and that the homeowner is entitled to a copy of the contract at the time he or she signs.

808.16 If the homeowner has a prior existing unpaid account balance with the contractor which arose in the regular course of business and which is to be consolidated with the unpaid balance for the performance of home improvement work, then, as a separate transaction, the contractor may, within fifteen (15) days subsequent to the time the contract is signed by the homeowner, and not less than twenty-four (24) hours prior to commencing performance of the work, furnish the homeowner with a written statement setting forth the consolidated balance due the contractor and the terms of payment.

16 DCMR § 809 ACTIONS BY SALESPERSONS

809.1 For purposes of this chapter, the act or omission of any salesperson of a contractor while acting or purportedly acting on behalf of the contractor, which act or omission is in violation of this chapter or is cause for denial, suspension, or revocation of the license of a contractor, may be considered the act of the contractor by whom that salesperson is employed, or for whom he or she purported to act, if the contractor approves the act, or, after actual notice of the act or omission, retains the benefit, proceeds, profit, or advantage accruing from the act or omission or otherwise ratifies it.

809.2 If there is a bona fide dispute as to whether the act or omission was committed or occurred, the contractor is not deemed to have had actual notice of it until it shall have been finally determined that the act or omission was in fact committed or did in fact occur.

809.3 Regardless of the validity of his or her salesperson's license, no salesperson may negotiate, or arrange or attempt to arrange the negotiation of contracts for home improvement work for or on behalf of a contract while the contractor's license is suspended or revoked.

16 DCMR § 810 RECEIPTS

810.1 Prior to the completion of home improvement work, no home improvement contractor shall accept any payment for the work without promptly delivering to the homeowner a receipt for that payment.

810.2 If payment is made by check or U.S. Postal money order, no receipt need be delivered to the homeowner.

16 DCMR § 811 APPROVAL OF CONTRACT AND RECEIPT FORMS

811.1 No contractor shall use any contract form or receipt form required by this chapter unless a sample of the form has first been submitted to and approved for compliance with this chapter by the Director.

811.2 If, within five (5) business days from the date of the submission of a proposed form, the Director has not approved the proposed form, the form may be used by a contractor until such time as the contractor shall have been notified by the Director, in writing, that the form is not in compliance with this chapter, and thereafter the Director shall allow the contractor a reasonable time within which to comply.

16 DCMR § 812 PERMITS

812.1 Each home improvement contractor entering into a contract for the performance of any home improvement work for which a permit is required by applicable law of the District of Columbia shall be responsible for taking such action as may be necessary to ensure that the work is performed only under the authority of the required permit and in accordance with all of its terms.

16 DCMR § 813 DENIAL, SUSPENSION, OR REVOCATION OF LICENSE

813.1 The license of each contractor or salesperson shall be subject to denial, suspension, or revocation on any ground set forth in any other section of this chapter which is applicable to any such license or on any ground falling within the terms of paragraph 46 of § 7 of the Act, approved July 1, 1932, as amended (47 Stat. 563; D.C. Code § 47-2844 (1981 Ed.)), including, but without limitation, any of the grounds set forth in this section.

813.2 All qualifications set forth in this chapter as prerequisite to the issuance of any license shall be maintained for the entire license period. Failure to maintain any qualification for a license shall be cause for suspension or revocation of the license.

813.3 The grounds for denial, suspension, or revocation of a license include the following:

(a) Material misstatement in application for license;

(b) Failure or refusal to comply with any provision of statute or regulation governing the carrying on of home improvement work;

(c) Conviction of false pretenses, larceny after trust, embezzlement, or any other offense involving fraudulent conduct, arising out of or based on a home improvement contract;

(d) Misrepresentation or concealment, through any subterfuge or device, or any matter required by this chapter to be stated to the homeowner, or of the nature of any matter required by this chapter to be furnished to the homeowner;

(e) Employment of any fraudulent or misleading device, method, or practice in connection with the negotiation or performance of a contract for home improvement work;

(f) Use of advertising with regard to contracting for or performing home improvement work which is misleading or deceptive by reason of any false statement contained in that advertising or which, by reason of incompleteness or otherwise, may mislead or deceive;

(g) Willful or fraudulent circumvention of any provision of statute or regulations relating to the conduct of the home improvement business;

(h) (Contractor Only) Employing engaging, appointing, allowing, or permitting any person to act as a salesperson for or on behalf of a contractor, knowing or having been put upon notice to ascertain that such a person is not duly licensed as a salesperson for the dealer, or that the person's salesperson's license has been denied, suspended, or revoked;

(i) (Contractor Only) The unjustified failure or refusal of a contractor substantially to complete the work required by a home improvement contract within a reasonable time after the approximate date of completion specified in the contract; and

(j) (Salesperson Only) Acting as a salesperson for or on behalf of any person, knowing or having been put upon notice to ascertain that the person is not duly licensed as a contractor, or that the person's contractor's license has been denied, suspended, or revoked.

813.4 Any advertising which conforms with the then current regulations, rules, or guides of the Federal Trade Commission shall not be deemed to be misleading or deceptive under § 813.3(f).

16 DCMR § 814 PROCEDURE FOR DENIAL, SUSPENSION, OR REVOCATION

814.1 If the Director proposes to deny, suspend, or revoke a license issued under this chapter, the Director shall give to the applicant or licensee notice which shall be in writing and be signed by the Director, in accordance with the provisions of this section.

814.2 The notice shall state the ultimate facts constituting each violation or other basis for the action proposed, and shall state the action which the Director proposes to take.

814.3 The notice shall indicate, where applicable, each provision of statute or regulation violated or not complied with.

814.4 The notice shall advise that the Director's proposal to take such action may be appealed as provided in this chapter, and of the time within which an appeal must be filed.

814.5 The notice shall be personally served upon the applicant or licensee, or otherwise served by one of the following methods:

(a) Served personally upon the applicant or licensee, or the applicant or licensee’s agent; or

(b) Sent by first class mail to the home or business address of the applicant or licensee, or the applicant or licensee’s agent, appearing on the application or license.

814.6 A notice that is returned by the post office for reason of refusal of service of the addressee to accept delivery, or incorrect address, is deemed to have been properly served on the addressee by mail.

814.7 An applicant or licensee may not file a separate application for licensure under this chapter during the appeal process.

History

SOURCE: Final Rulemaking published at 56 DCR 3098 (April 24, 2009).

16 DCMR § 815 APPEALS

815.1 Any licensee on whom a notice has been served pursuant to § 814 may file a written notice of appeal with the Office of Administrative Hearings (OAH).

815.2 All hearings and appeals shall be conducted pursuant to the regulations promulgated by OAH. Any stay of an OAH decision that results in the revocation of a license shall be issued pursuant to the procedures set forth by OAH.

History

SOURCE: Final Rulemaking published at 56 DCR 3098 (April 24, 2009).

16 DCMR § 899 DEFINITIONS

899.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Director - the Director of the Department of Consumer and Regulatory Affairs or the Director's representative, agent, or designee.

Home improvement business - the business of doing "home improvement work" as defined in this section.

Home improvement contract - an agreement for the performance of home improvement work in the District for a contract price of three hundred dollars ($ 300) or more. This term shall also include the second or any subsequent agreements entered into between the same contractor and the same homeowner within any twelve (12) month period, if the total of the contract prices of all the agreements aggregate three hundred dollars ($ 300) or more.

Home improvement contractor or contractor - any person who enters, or offers to enter, into a home improvement contract with a homeowner.

Home improvement salesperson or salesperson - any individual (including, without limitation, any officer, director, partner, member, or principal of a home improvement contractor) who either expressly or impliedly represents or holds himself or herself out as being associated with or employed, engaged, appointed, authorized, or permitted by any home improvement contractor to negotiate any contractual agreement for home improvement work.

In addition, the term "salesperson" includes any individual who, for a consideration and with the express or implied consent of a home improvement contractor, negotiates any contractual agreement. Acceptance by a home improvement contractor of a transaction resulting from negotiation by any person shall constitute that person a salesperson for the contractor within the meaning of this chapter.

Nothing in this definition shall be deemed to mean that the terms "home improvement salesperson" or "salesperson" extend to and include any employee of a licensed home improvement contractor as long as the activities of that employee relating to home improvement work are conducted or undertaken exclusively on the premises for which the license is issued, in the name of and under the supervision of the licensed contractor.

Home improvement work - means the addition to or alteration, conversion, improvement, modernization, remodeling, repair, or replacement of a residential property, or a structure adjacent to the residential property, including a driveway, fence, garage, porch, deck, or swimming pool. Any construction work outside the scope of “home improvement work” shall be considered either general contracting or construction management, as those terms are defined in Title 17 of the District of Columbia Municipal Regulations, Chapter 39.

The term “home improvement work” does not include:

construction of a new building to be used as a residential property;
the sale or installation of any appliance, materials, household furnishings, or equipment, if not made a part of the realty;
work performed by licensed electricians, plumbers and gasfitters, or refrigeration and air conditioning mechanics, so long as the work performed by them is limited to that of their licensed occupation; or
work performed by a homeowner on his or her own residential property.

The term "home improvement work" shall not extend to or include the sale or installation of any appliance, materials, household furnishings, or equipment, if not made a part of the realty.

The term "home improvement work" shall not extend to or include work performed by licensed electricians, licensed plumbers and gasfitters, or licensed refrigeration and air conditioning mechanics, so long as the work performed by them is limited to that of their licensed occupations.

Homeowner - any person or person's authorized agent who enters into a contract for the performance of home improvement work on residential property owned or occupied by that person.

Payment - the transfer, directly or indirectly, of any valuable consideration, and shall include, but not be limited to, the delivery of cash, promissory note, installment contract, other written promise to pay money, chattel mortgage, or deed of trust; Provided, that the term "payment" shall not include the promise to pay embodied in the contract itself.

Person - includes an individual, firm, partnership, joint stock company, corporation, association, incorporated society, statutory or common law trust, estate, executor, administrator, receiver, trustee, conservator, liquidator, committee, assignee, officer, employee, principal or agent.

Residential property - real property or interest in real property consisting of a single-family dwelling or two-family dwelling (flat), including an individual apartment unit in a condominium or cooperative apartment building, together with any structure or grounds appurtenant to the single-family or two-family dwelling.

History

SOURCE: Final Rulemaking published at 56 DCR 3098 (April 24, 2009).

16-9 PAWNBROKERS

16 DCMR § 900 GENERAL PROVISIONS

900.1 The provisions of this chapter are adopted pursuant to the "Act to regulate and license pawnbrokers in the District of Columbia," approved August 6, 1956, (70 Stat. 1036; D.C. Official Code §§ 47-2884.01 et seq.), which is also referred to in this chapter as the "Act."

900.2 Except as otherwise provided, the Director of the D.C. Department of Consumer and Regulatory Affairs or the Director's designee (also referred to in this chapter as the "Director") shall perform the functions vested in the Mayor by the Act with respect to licensing, inspection, investigation, and control of operations of pawnbroking operations, as set forth in this chapter and the Act.

History

SOURCE: § 2 of the Commissioners’ Order 57-1638 (August 22, 1957), published at 4 DCR 53 (September 9, 1957); as amended by Article 41 of the Police Regulations, §§ 1(a) and 2 (May 1981). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 900

16 DCMR § 901 APPLICATION FOR PAWNBROKER'S LICENSE

901.1 Application for the license required under § 2 of the Act (D.C. Official Code § 47-2884.02) shall be made in the manner provided in § 3 of the Act (D.C. Official Code § 47-2884.03) and this section.

901.2 The license application shall be filed with the Director in the form prescribed by the Director.

901.3 The power of attorney required by § 3(a) of the Act (D.C. Official Code § 47-2884.03) shall be filed with the application for license.

901.4 Applications for new licenses and for annual renewals shall be referred to the Chief of the Metropolitan Police Department (also referred to in this chapter as the "Chief of Police"), who shall cause an investigation to be made of each individual so applying, and of all officers of a corporation so applying, as the case may be.

901.5 The investigation by the Chief of Police shall include, without limitation, the fingerprinting of each individual and corporate officer named on each application for new license.

901.6 The Chief of Police shall also investigate the appropriateness of the physical arrangement of the premises of the applicant, if more than one business is to be conducted at that premises.

901.7 The Chief of Police shall report to the Director the facts developed by each investigation which have a bearing on the moral character of the applicant, together with the Chiefs recommendations.

History

SOURCE: § 2 of the Commissioners’ Order 57-1638 (August 22, 1957), published at 4 DCR 53 (September 9, 1957); as amended by Article 41 of the Police Regulations, § 3 (May 1981). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 901

16 DCMR § 902 CONDUCT OF OTHER BUSINESS ON THE SAME PREMISES

902.1 A licensee who conducts transactions other than pawnbroker transactions at the same place of business shall provide clearly recognizable separation between that portion of the place of business in which only pawnbroker transactions are conducted and the remaining portions of the place of business in which the licensee conducts transactions other than pawnbroker transactions, for which he or she is licensed or otherwise authorized to operate.

902.2 The provision for separation required under this section shall in each case be approved by the Director.

902.3 The licensee shall keep articles received as pledges clearly labeled and distinguished from any other article or merchandise of whatever nature which is stored or displayed in the place of business.

902.4 No licensee shall modify the physical appearance, obliterate any identification marks or number, or alter any pledge in any manner.

History

SOURCE: § 2 of the Commissioners’ Order 57-1638 (August 22, 1957), published at 4 DCR 53 (September 9, 1957); as amended by Article 41 of the Police Regulations, § 4(b) (May 1981). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 902

16 DCMR § 903 SUSPENSION OR REVOCATION OF LICENSE

903.1 If the Director serves notice to the licensee to show cause why the license should not be suspended or revoked (in accordance with the provisions of § 6 of the Act, D.C. Official Code § 47-2884.06), the licensee shall be given an opportunity for a hearing at the time and place prescribed by the Director.

903.2 The Director shall notify the Chief of Police of any action taken by the Director with respect to the revocation or suspension of a license.

903.3 If a license has been revoked, the licensee may not apply for a new license prior to the expiration of six (6) months from the date of the revocation.

903.4 When a license is suspended the Director shall give the licensee written notice of the suspension, the effective date of the suspension, and the length of time during which the suspension shall apply.

903.5 At the time a license is either suspended or revoked, the licensee shall mail a notice, postage prepaid, to the pledgor of each pledged article on the licensee's premises stating that the license is suspended or revoked, the effective date of the suspension or revocation, and shall advise each pledgor that his or her pledge may be redeemed in accordance with the contract then in force.

903.6 No new contract or extension shall be entered into between the licensee and any pledgor after the effective date or suspension or revocation.

History

SOURCE: § 2 of the Commissioners’ Order 57-1638 (August 22, 1957), published at 4 DCR 53 (September 9, 1957); as amended by Article 41 of the Police Regulations, § 5 (May 1981). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 903

16 DCMR § 904 ANNUAL REPORT

904.1 The annual report, which each licensee is required to file on or before the fifteenth (15th) day of March in accordance with D.C. Official Code § 47-2884.07(b), shall be filed with the Director.

904.2 The annual report shall be made in writing, under oath, and shall contain the following:

(a) The number of loan transactions, which shall include the number of each of the following:

(1) Redeemed pledges;

(2) Unredeemed pledges; and

(3) Pledges liquidated through auction, including amount realized at auction and surplus or shortage, if any, resulting from auction sale;

(b) Total amount of cash loaned;

(d) Total interest collected; and

(e) Any other pertinent information which may be required by the Director.

History

SOURCE: § 2 of the Commissioners’ Order 57-1638 (August 22, 1957), published at 4 DCR 53 (September 9, 1957); as amended by Article 41 of the Police Regulations, § 6(a) (May 1981). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 904

16 DCMR § 905 PAWN RECORD LEDGER

905.1 Each licensee shall use an Internet-based recordkeeping system approved by the Director to maintain a pawn record ledger and shall make a copy of the government-issued identification provided by the seller of each transaction.

905.2 Each transaction shall be entered in the approved Internet-based recordkeeping system at the time of the transaction and according to the data entry requirements of the online system.

905.3 [RESERVED]

905.4 Each entry in the approved Internet-based recordkeeping system shall contain the following information:

(a) The number of pawnticket;

(b) Date of each transaction;

(d) The amount loaned;

(e) The name and address of the pledgor, as listed on a government-issued identification;

(f) A description of the pledgor, as required in D.C. Official Code § 47-2884.11 (2012 Repl.);

(g) The date redeemed;

(h) If unredeemed, the date and disposition at auction; and

(i) The amount collected by redemption or auction of each pledge.

History

SOURCE: Article 41 of the Police Regulations, § 6(b) (May 1981); as enacted by Commissioners’ Order 57-1638 (August 22, 1957), published at 4 DCR 53 (September 9, 1957); as amended by Final Rulemaking published at 61 DCR 12210 (November 28, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 905

16 DCMR § 906 PAWNTICKETS

906.1 At the time of receiving a pledge the licensee shall deliver to the pledgor a pawnticket, in accordance with D.C. Official Code § 47-2884.12.

906.2 The pawnticket shall be printed in a form approved by the Director.

906.3 Each pawnticket shall be serially numbered by the printer, shall contain two (2) parts, one of which shall be retained by the licensee, at all times, and one of which shall be given to the pledgor at the time of the original pledge.

906.4 Both the pledgor's ticket and the part kept by the licensee shall contain the following:

(a) The name and address of the pledgor;

(b) A description of the pledge;

(d) The amount and duration of the loan; and

(e) The rate of interest charged.

906.5 If a pledgor desires an additional loan or an extension of a loan on any pledge in the possession of the licensee, the licensee shall require the surrender of the outstanding pawnticket.

906.6 Upon surrender of the original pawnticket under § 906.5, the licensee shall issue a new pawnticket in the amount of the loan, including any additional loan, and shall follow the procedure prescribed for the issuance of the original pawnticket.

906.7 Whenever a new pawnticket is issued upon the making of an additional loan or an extension of a loan on a pledge in the possession of the licensee, the licensee shall enter a notation on the surrendered ticket and at the appropriate place in the pawn record ledger of the number of the newly-issued pawnticket.

906.8 When a pledgor surrenders his portion of the pawnticket to the licensee, either on the redemption of a pledge, or upon the making of an additional loan or an extension of a loan on a pledge in the possession of the licensee, the licensee shall retain and file the pledgor's portion of the surrendered ticket in numerical order.

906.9 The licensee's portion of the pawnticket shall at all times be kept and filed in alphabetical order according to the pledgor's name.

History

SOURCE: § 2 of the Commissioners’ Order 57-1638 (August 22, 1957), published at 4 DCR 53 (September 9, 1957); as amended by Article 41 of the Police Regulations, § 6(c) (May 1981). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 906

16 DCMR § 907 LOST, DESTROYED, OR STOLEN PAWNTICKETS

907.1 Whenever any pledgor notifies the licensee who issued a pawnticket that the ticket has been lost, destroyed, or stolen, the licensee, before permitting the redemption of the pledge or before issuing a new pawnticket shall, in addition to satisfying himself or herself or the validity of the claim, require the pledgor to make a written statement of the alleged loss, destruction, or theft of the ticket.

907.2 The written statement shall be signed in the presence of, and witnessed by, the licensee, or the licensee's duly authorized employee.

907.3 The statement shall be filed in the numerical file of pledgor's surrendered tickets in lieu of the lost ticket.

907.4 If the pawnticket is lost, stolen or destroyed, the licensee may make a charge not exceeding one dollar (S 1.00) for the additional service and expense performed or imposed on the licensee in connection with the issuance of a new pawnticket.

History

SOURCE: § 2 of the Commissioners’ Order 57-1638 (August 22, 1957), published at 4 DCR 53 (September 9, 1957); as amended by Article 41 of the Police Regulations, § 6(d) (May 1981). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 907

16 DCMR § 908 COOPERATION WITH POLICE INVESTIGATIONS

908.1 When any member of the Metropolitan Police Department designated by the Chief of Police knows or has probable cause to believe that a pawned article on the premises and in the possession of the licensee is missing or has been stolen, the licensee shall allow that member of the police force to examine any pawn record as well as any pawned article on the premises.

908.2 The licensee shall allow the premises to be searched by the member of the police force in order to locate the missing or stolen article.

908.3 Any authorized member of the police force may take possession of a pawned article in the possession of the licensee which that member of the police force knows to be missing, or knows, or has probable cause to believe to be stolen, on giving a receipt for the article to the licensee.

908.4 The receipt shall include the date, name of the member of the Police force taking the article, his or her rank, and a description of the article being taken from the possession of the licensee.

908.5 The pawned article taken by the member of the police force from the licensee shall be delivered as soon as possible to the Property Clerk of the Metropolitan Police Department where it will remain until such time as ownership or the right to possession, or both, shall have been determined according to law.

908.6 Each licensee shall notify the Metropolitan Police Department’s Pawn Unit of any person who, within the previous two (2) months, has sold or is seeking to sell three (3) or more units of the following types of electronic consumer goods:

(a) Cameras, cell phones, computers, laptops, or any other type of portable electronic communications device; or

(b) Televisions or personal entertainment devices such as Playstation, Xbox, Wii, or similar products.

908.7 The Chief of Police may issue a notice to any licensee advising the licensee that specific individuals have been pawning, selling, or seeking to pawn or sell multiple units of electronic consumer goods to other pawnbrokers, secondhand dealers, or auctioneers either in the District or surrounding jurisdictions.

History

SOURCE: Article 41 of the Police Regulations, § 7 (May 1981); as enacted by Commissioners’ Order 57-1638 (August 22, 1957), published at 4 DCR 53 (September 9, 1957); as amended by Final Rulemaking published at 61 DCR 12210 (November 28, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 908

16 DCMR § 909 CHANGE OF BUSINESS LOCATION

909.1 If a licensee wishes to change the licensee's place of business within the District of Columbia to another location, the licensee shall give written notice to the Director in accordance with the provisions of § 5 of the Act, as amended [D.C. Official Code § 47-2884.05 (b)].

909.2 When the transfer is authorized, the Director shall amend the license accordingly and notify the Chief of Police.

History

SOURCE: § 2 of the Commissioners’ Order 57-1638 (August 22, 1957), published at 4 DCR 53 (September 9, 1957); as amended by Article 41 of the Police Regulations, § 4(a) (May 1981). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 909

16 DCMR § 910 RATES OF INTEREST

910.1 Except as provided in § 910.2, as of January 1, 2011, the maximum rate of interest which a pawnbroker may contract for, and receive, including fees, shall not exceed 5% per month, or fraction of the month, for the first 6 months of a loan, and 3% per month, or fraction of the month, thereafter.

910.2 The pawnbroker may exercise an option to receive a charge of two dollars ($ 2.00) per month instead of interest.

910.3 The interest rates established in §§ 910.1 and 910.2 shall be computed on the maximum amount of the loan.

910.4 No person shall break a loan down into two (2) or more parts for the purpose of applying the maximum interest rate for loans smaller than the total amount borrowed.

History

Source: Article 41 of the Police Regulations, § 8 (May 1981), as enacted by § 2 of Commissioners’ Order 57-1638, 4 DCR 53 (September 9, 1957), as amended by § 3(a) of the Pawnbroker Industry Improvement Act of 1984, D.C. Law 5-137, 31 DCR 5743 (November 16, 1984), as amended by the Alternative Money Lending and Services Reform Amendment Act of 2010, effective March 12, 2011 (D.C. Law 18-315; 57 DCR 12412 (December 31, 2010)).

16 DCMR § 911 FIREARMS

911.1 No licensee shall accept a firearm (as defined by D.C. Official Code § 22-4501(2A) (2012 Repl.)) as a pledge in a pawnbroker transaction.

911.2 [RESERVED]

911.3 [RESERVED]

History

SOURCE: Article 41 of the Police Regulations, § 7 (May 1981); as enacted by Commissioners’ Order 57-1638 (August 22, 1957), published at 4 DCR 53 (September 9, 1957); as amended by Final Rulemaking published at 61 DCR 12210 (November 28, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 911

16 DCMR § 912 SALE OF PLEDGES AT AUCTION

912.1 In computing the period of six (6) months after which the licensee may sell the pledge, as specified in the Act, the beginning date shall be the date that the loan was first transacted and custody of the pledge transferred to the licensee.

912.2 The period of six (6) months shall be a period of continuous and uninterrupted possession of a pledge by the licensee counted from the date of the loan transaction.

History

SOURCE: § 2 of the Commissioners’ Order 57-1638 (August 22, 1957), published at 4 DCR 53 (September 9, 1957); as amended by Article 41 of the Police Regulations, § 10 (May 1981); as amended by § 3(b) of the Pawnbroker Industry Improvement Act of 1984, effective March 13, 1985 (D.C. Law 5-137; 31 DCR 5743 (November 16, 1984)). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 912

16 DCMR § 913 PENALTIES

913.1 Any person violating any provision of this chapter shall, upon conviction, be fined not more than three hundred dollars ($ 300) or imprisoned for not more than ten (10) days.

History

SOURCE: § 2 of the Commissioners’ Order 57-1638 (August 22, 1957), published at 4 DCR 53 (September 9, 1957); as amended by Article 41 of the Police Regulations, § 11 (May 1981). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 913

16 DCMR § 914 TRANSACTIONS INVOLVING MINORS

914.1 No licensee shall purchase or receive any article of secondhand personal property from a minor unless the minor’s parent or legal guardian is physically present during the transaction, consents in writing to the transaction, and presents the identification required in this chapter.

History

SOURCE: Final Rulemaking published at 61 DCR 12210 (November 28, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 914

16 DCMR § 999 DEFINITIONS

999.1 The words defined in § 1 of the Act (D.C. Official Code § 47-2884.01) shall have the same meaning when used in this chapter.

999.2 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Pledge - an article or articles or personal property of other valuable thing deposited with a pawnbroker as security for a loan.

Pledgor - the person who delivers a pledge into the possession of a pawnbroker.

Director - the Director of the Department of Consumer and Regulatory Affairs or the Director's agent, representative, or designee.

Chief of Police - the Chief of Police, Metropolitan Police Department of the District of Columbia.

History

SOURCE: § 2 of the Commissioners’ Order 57-1638 (August 22, 1957), published at 4 DCR 53 (September 9, 1957); as amended by Article 41 of the Police Regulations, §§ 1(b) – (e) (May 1981). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 999

16-10 SECONDHAND DEALERS AND JUNK DEALERS

16 DCMR § 1000 CLASSES OF DEALERS

1000.1 Dealers in secondhand personal property in the District of Columbia shall be designated in classes, as set forth in this section.

1000.2 A Class A secondhand dealer shall be a person, firm or corporation, other than a Class B or a Class C secondhand dealer, engaged in the business of buying, selling, trading, exchanging or dealing in secondhand personal property of any description (other than motor vehicles), including the return or unused portion of any railroad ticket, order or token.

1000.3 A Class B secondhand dealer shall be a person, firm or corporation primarily engaged in the sale of new merchandise, and incidentally engaged in selling, trading, exchanging or dealing in secondhand personal property of any description (other than motor vehicles) as the result of having received that secondhand personal property in trade, or by repossession or as part payment for new merchandise.

1000.4 No Class B secondhand dealer shall engage in the business of dealing in used personal property except as an incident to the sale of other merchandise.

1000.5 A Class C secondhand dealer shall be a charitable organization, as defined in § 501(c)(3) of the Internal Revenue Code of 1954, which purchases or receives secondhand personal property (other than motor vehicles) for the purpose of resale; or a person, firm, or corporation which purchases or receives secondhand personal property of any description (other than motor vehicles) on consignment for the purpose of resale.

1000.6 Nothing in this chapter shall be construed as requiring a secondhand dealer license for a person, firm, or corporation that sells the following kinds of secondhand personal property:

(a) Books, magazines, vinyl records, cassette tapes, compact discs, VHS videos, DVDs, Blu-ray discs, or other similar recorded media;

(b) Furniture, home furnishings, architectural salvage, or pianos;

(d) Used clothing;

(e) Household property, when offered for sale from the owner’s residence on a temporary basis in connection with a garage sale or yard sale;

(f) Paintings, sculptures, drawings, etchings, engravings, photographs, lithographs, or prints;

(g) Jewelry that:

(1) Does not contain any precious metals and/or precious stones; or

(2) Contains precious metals and/or precious stones and has been purchased from an estate sale or certified auction; provided, that written verification shall be provided to any District government official, upon request, that any such jewelry was purchased from an estate sale or certified auction. For purposes of this subsection:

(A) “Written verification” shall mean a written record that includes a description of the jewelry purchased, any catalog numbers or identifying information, the date it was purchased, the purchase price, the identification of the seller (including the name, address, telephone number, and other relevant contact information), and an estimate of its fair market value;

(B) “Precious metals” shall include gold, silver, platinum, or palladium; and

(h) Merchandise that was accepted or received as a return, exchange, or for credit or refund if such merchandise was originally purchased as new merchandise from the person accepting or receiving it;

(i) The first sale, at retail, of merchandise that has been rebuilt by the manufacturer originally manufacturing it, or the licensed agents thereof, and sold as factory rebuilt or refurbished merchandise; or

(j) Puzzles or non-electronic games or game pieces, including game cards.

History

SOURCE: Commissioners’ Order 33-2803 (October 17, 1933); as amended by Section 1(a) of Article 1 of the Police Regulations (May 1981); as amended by § 2(d) of the Secondhand Dealers Regulation and Rental Housing Act of 1980 Clarification Act of 1981, effective July 14, 1981 (D.C. Law 4-15; 28 DCR 2255 (May 22, 1981)); as amended by Final Rulemaking published at 59 DCR 11001, 11002 (September 21, 2012); as amended by the Charitable Solicitations Relief Amendment Act of 2016, effective February 18, 2017 (D.C. Law 21-0202; 63 DCR 15043 (December 9, 2016)). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1000

16 DCMR § 1001 BOOKS AND RECORDS

1001.1 Each licensee shall use an Internet-based recordkeeping system approved by the Director to record an accurate account of each transaction in the course of the business (except as to the purchase of rags, bones, old iron, and paper by junk dealers) and shall make a copy of the government-issued identification provided by the seller of each transaction.

1001.2 Each transaction shall be entered in the approved Internet-based recordkeeping system at the time of the transaction and according to the data entry requirements of the online system.

1001.3 All records made pursuant to this section shall be maintained by the dealer at the dealer's place of business for a period of not less than one (1) year after the date the property is sold or disposed of in any manner.

1001.4 The account of each transaction shall set forth the following:

(a) An accurate and complete description of the goods, article, or thing purchased or received on account of money paid for it, giving all numbers, marks, monograms, trademarks, and manufacturer’s names, an any other marks of identification appearing on the item at the time of receiving the item and a digital photograph of the item.

(b) The name, residence, race, sex, and date of birth of the person selling or delivering the item, as listed on a government-issued identification;

(d) The place and date of the transaction;

(e) [RESERVED]; and

(f) All other facts and circumstances respecting the purchase or receipt.

1001.5 A dealer in secondhand personal property shall securely fasten on any article purchased or received, for which records must be kept pursuant to this section, a tag to be prescribed by the Mayor.

1001.6 The dealer shall legibly write in English on the tag, the date of purchase or receipt of the article and a number corresponding with the property entered into the approved Internet-based recordkeeping system.

1001.7 The tag shall remain on the property until such time as the property is sold or disposed of by the dealer.

History

SOURCE: Sections 1(b)(1) and (2) of Article 1 of the Police Regulations (May 1981); as amended by § 2(b) of the Secondhand Dealers Regulation and Rental Housing Act of 1980 Clarification Act of 1981, effective July 14, 1981 (D.C. Law 4-15; 28 DCR 2255 (May 22, 1981)); as amended by the Personal Property Robbery Prevention Amendment Act of 2013, effective December 13, 2013 (D.C. Law 20-50; 60 DCR 15151 (November 1, 2013)); as amended by Final Rulemaking published at 61 DCR 12210 (November 28, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1001

16 DCMR § 1002 DEALERS RECEIVING JEWELRY OR PRECIOUS METALS

1002.1 In addition to the requirements of § 1001, a dealer purchasing or otherwise acquiring any article of jewelry or other article composed of or manufactured in whole or in significant part of a precious metal, including gold, silver, or platinum or derivatives or alloys or gold, silver, or platinum shall do the following:

Require and inspect two (2) types of identification from the seller or person delivering the property, one (1) of which must be a government-issued identification that displays a photograph of the person;

(b) Record in the dealer’s account of the transaction all pertinent information, including the person’s date of birth, license number, social security number, height, weight, hair color, and eye color, to the extent contained in the identification provided by the seller or person delivering the property; and

1002.2 The dealer may cash the check issued under § 1002.1(c) if the following conditions are met:

(a) The check is made payable to the seller;

(b) The seller endorses the check; and

1002.3 Except as provided in § 1002.4, no dealer shall sell, dispose of in any manner, melt, vulcanize, or otherwise change or destroy the identity of any article of secondhand personal property purchased or taken in the course of this business until after the expiration of thirty (30) calendar days from the time at which report has been made to the Chief of Police of the purchase or receipt of the property.

1002.4 In the case of any article of jewelry or other thing composed of or manufactured in whole or in significant part of a precious metal, as defined in § 1002.1, which does not have a serial number visible on the exterior surface when received by the dealer, the article shall not be sold, disposed of in any manner, melted, taken apart, or any identification marks appearing on the article obliterated until after the expiration of thirty (30) calendar days from the time at which a report has been made to the Chief of Police concerning the purchase or receipt of the property.

1002.5 Property being held under § 1002.3 or 1002.4 shall be kept in the dealer's place of business and shall be kept separate and distinct from all other property or merchandise in the dealer's place of business.

1002.6 No junk dealer, Class A dealer, or Class C dealer in secondhand personal property shall purchase any piece or mass of melted precious metal, as defined in § 1002.1, ingot of amateur manufacture, or any article with serial numbers or jeweler's marks obliterated unless payment for the article is withheld for a period of twenty-four (24) hours and the Chief of Police is notified twenty-four (24) hours prior to the transaction of the pertinent information required under § 1001.

History

SOURCE: Sections 1(b)(3) and (4) of Article 1 of the Police Regulations (May 1981); as amended by § 2(b) of the Secondhand Dealers Regulation and Rental Housing Act of 1980 Clarification Act of 1981, effective July 14, 1981 (D.C. Law 4-15; 28 DCR 2255 (May 22, 1981)); as amended by Final Rulemaking published at 61 DCR 12210 (November 28, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1002

16 DCMR § 1003 OTHER RESTRICTIONS AND REQUIREMENTS

1003.1 A Class C secondhand dealer who purchases or receives secondhand personal property on consignment must pay only in the form of check and only after at least sixty (60) days from the date on which the property is received.

1003.2 No junk dealer, Class A, or Class C secondhand dealer shall purchase or receive any article of secondhand personal property from a minor unless the minor's parent or legal guardian is physically present during the transaction, consents in writing to the transaction, and presents the identification required in this chapter.

1003.3 Nothing in § 1001, § 1002, or this section shall apply to any of the following:

(a) [RESERVED];

(b) The receipt of articles of secondhand personal property which are received as donations by Class C dealers;

(c) The purchase or receipt of articles of secondhand personal property by Class C secondhand dealers, except the purchase or receipt of items listed in § 1003.7;

(d) The purchase or receipt of articles of secondhand personal property from the United States or District of Columbia governments; or

(e) Except as otherwise provided by § 1013, the purchase or receipt of bona fide coins or stamps issued by or for a government.

1003.4 Junk dealers, Class A, and Class C dealers shall be exempt from the provisions of § 1002 if purchasing or receiving articles of secondhand personal property from a licensed auctioneer.

1003.5 A Class C secondhand dealer operating to any extent on a consignment basis, must submit an annual report to the Director which verifies the consignment purchase conditions.

1003.6 A Class C secondhand dealer which is a charitable, nonprofit organization, as defined in § 501(c)(3) of the Internal Revenue Code of 1954, shall submit an annual report to the Director which verifies that status.

1003.7 Each licensee shall secure the name and address of the person purchasing or otherwise acquiring any of the following items:

(a) [RESERVED];

(b) Cameras, cell phones, computers, laptops, or any other type of portable electronic communications device;

(d) Furs;

(e) Household appliances;

(f) Jewelry, or other items composed of or manufactured in whole or in significant part of a precious metal, as defined in § 1002.1;

(g) Musical instruments;

(h) Office machines and equipment;

(i) Televisions or personal entertainment devices such as Playstation, Xbox, Wii, or similar products;

(j) Watches; and

(k) Any item other than those listed in this subsection, having a retail sales value of one hundred dollars ($100) or more.

1003.8 All records made under § 1003.7 shall be maintained by the dealer at the dealer's place of business for a period of not less than one (1) year after the date the property is sold or disposed of in any manner.

History

SOURCE: § 1 of Commissioners’ Order 33-2803 (October 17, 1933); as amended by Sections 1(b) and (c) of Article 1 of the Police Regulations (May 1981); as amended by § 2(b) and (c) of the Secondhand Dealers Regulation and Rental Housing Act of 1980 Clarification Act of 1981, effective July 14, 1981 (D.C. Law 4-15; 28 DCR 2255 (May 22, 1981)); as amended by Final Rulemaking published at 59 DCR 11001 (September 21, 2012); as amended by Final Rulemaking published at 61 DCR 12210 (November 28, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1003

16 DCMR § 1004 REPORTS TO POLICE

1004.1 Each junk dealer, Class A, and Class B dealer in secondhand personal property shall, at the time of each transaction, enter into the approved Internet-based recordkeeping system the information required under §§ 1001, 1002, and 1003.

1004.2 The provisions of § 1004.1 shall not apply to purchase of rags, bones, old iron and paper by junk dealers and Class A dealers in secondhand and personal property of which no record is required by this chapter to be kept.

1004.3 Class C secondhand dealers shall be exempt from the requirement of § 1004 except as to the purchase or receipt of those items listed in § 103.7.

History

SOURCE: § 1 of Commissioners’ Order 33-2803 (October 17, 1933); as amended by Section 2 of Article 1 of the Police Regulations (May 1981); as amended by § 2(d) of the Secondhand Dealers Regulation and Rental Housing Act of 1980 Clarification Act of 1981, effective July 14, 1981 (D.C. Law 4-15; 28 DCR 2255 (May 22, 1981)); as amended by Final Rulemaking published at 61 DCR 12210 (November 28, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1004

16 DCMR § 1005 COOPERATION WITH POLICE INVESTIGATIONS

1005.1 It shall be the duty of every junk dealer, and every class of dealer in secondhand personal property, and of every person in a dealer's employ, to admit to the premises during business hours any member of the Metropolitan Police Force to examine any book or other record on the premises, as well as the articles purchased or received, and to search for and take possession of any article known by the police officer or official to be missing or known or believed by him or her to have been stolen, without the formality of the writ of search warrant of any other process. The foregoing search or seizure is specifically authorized by this section.

1005.2 It shall be a violation of the provisions of this chapter for any licensed junk dealer, or any class of dealer in secondhand personal property, or any agent, clerk, or employee of any such person who shall molest, hinder, or in any manner prevent any official lawfully authorized, or the Chief of Police, or any member of the police force who is so authorized, from making an inspection and search of the premises and taking into possession any article or articles known by the officer, or alleged or supposed to have been feloniously taken from the owner of possessor, or known or believed by the police official to have been stolen.

1005.3 Each licensee shall notify the Metropolitan Police Department’s Pawn Unit of any person who, within the previous two (2) months, has sold or is seeking to see three (3) or more units of the following types of electronic consumer goods:

(a) Cameras, cell phones, computers, laptops, or any other type of portable electronic communications device; or

(b) Televisions or personal entertainment devices such as PlayStation, Xbox, Wii, or similar products.

1005.4 The Chief of Police may issue a notice to any licensee advising the licensee that specific individuals have been pawning, selling, or seeking to pawn or sell multiple units of electronic consumer goods to other pawnbrokers, secondhand dealers, or auctioneers either in the District or surrounding jurisdictions.

History

SOURCE: § 1 of Commissioners’ Order 33-2803 (October 17, 1933); as amended by Sections 3 and 4 of Article 1 of the Police Regulations (May 1981); as amended by §§ 2(e) and (f) of the Secondhand Dealers Regulation and Rental Housing Act of 1980 Clarification Act of 1981, effective July 14, 1981 (D.C. Law 4-15; 28 DCR 2255 (May 22, 1981)); as amended by Final Rulemaking published at 61 DCR 12210 (November 28, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1005

16 DCMR § 1006 DEALER'S LICENSE

1006.1 Each junk dealer or Class A dealer, or Class C dealer in secondhand personal property, shall make application to the Mayor annually for license to conduct that business.

1006.2 The application shall be sent to the Chief of Police for a report on the character of the applicant.

1006.3 Each application for a junk shop license shall be sent to the Commissioner of Public Health for a report on the surroundings where the business will be conducted.

1006.4 Each application for a junk shop license where rags and similar fabrics are to be handled shall be sent to the Commissioner of Public Health and to the Fire Marshal for reports on the surroundings where the business is to be conducted.

1006.5 The completed report(s) shall be sent to the Mayor for action.

1006.6 Each applicant shall have three (3) sets of fingerprints taken by the Metropolitan Police Department. Fingerprints so furnished shall become a part of the application. An applicant who, within the past five (5) years, has received a District of Columbia business license after having submitted their fingerprints to the Metropolitan Police Department as a condition of receiving or renewing either a secondhand dealer business license or any other category of a District of Columbia business license shall be exempt from complying with this subsection and §§ 1006.7 and 1006.8.

1006.7 All of the partners in the case of a partnership, and the president, vice president, secretary, and treasurer of a corporation shall be required to comply with the provisions of § 1006.6. Fingerprints so taken shall be submitted to the Federal Bureau of Investigation, and to such other and further authorities as the Chief of Police may deem advisable, for comparison and record.

1006.8 Any of the persons listed in §§ 1006.6 and 1006.7 who is not a legal resident of the District shall have his or her fingerprints taken by the Metropolitan Police Department or by the police department or comparable authority where he or she is a resident. Fingerprints, when taken by other than the Metropolitan Police Department, shall be attached to and accompanied by an affidavit of the authority taking the fingerprints which states that the fingerprints are the fingerprints of the applicant.

History

SOURCE: Section 5 of Article 1 of the Police Regulations (May 1981); as amended by Final Rulemaking published at 59 DCR 11001 (September 21, 2012). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1006

16 DCMR § 1007 DENIAL OR REVOCATION OF LICENSE

1007.1 The Mayor may deny a license to any person who by advertisement of any kind offers to purchase as a dealer any secondhand personal property without actually being so licensed.

1007.2 The Mayor shall deny a license to any person who fails to set forth on his or her application for a license a fixed place of business within the District of Columbia or who has been convicted of a felony with connection with the operation of a secondhand dealer business within the preceding ten (10) years from the date of application.

1007.3 Any license granted under this section may be revoked by the Mayor after a hearing to be conducted by a board appointed by the Mayor, if it appears that the place of business is used for the disposal of stolen goods or is conducted in such a way as to make it a menace to the health or welfare of the neighborhood.

1007.4 Notice shall be given the licensee of the time and place of hearing, and the dealer shall be entitled to be present with counsel and witnesses.

1007.5 The Board shall make a report of the hearing, with its advice upon the case to the Mayor for action.

History

SOURCE: Commissioners’ Order 33-2803 (October 17, 1933); as amended by Section 5 of Article 1 of the Police Regulations (May 1981); as amended by § 2(g) of the Secondhand Dealers Regulation and Rental Housing Act of 1980 Clarification Act of 1981, effective July 14, 1981 (D.C. Law 4-15; 28 DCR 2255 (May 22, 1981)). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1007

16 DCMR § 1008 CLASS B DEALER REQUIREMENTS AND RESTRICTIONS

1008.1 It shall be unlawful for any person, firm or corporation primarily engaged in the business of dealing in new personal property in the District of Columbia to accept used personal property, other than motor vehicles, in trade or part payment for any merchandise without first obtaining a Class B secondhand dealer's license.

1008.2 Each Class B secondhand dealer shall use an Internet-based recordkeeping system approved by the Director to record each transaction involving used personal property setting forth the following:

(a) An accurate and complete description of the goods, article, or thing received in trade or in part payment for other merchandise and a digital photograph of each item;

(b) The date of receipt;

(d) The name and address of the person, corporation, or firm which ultimately purchases of receives the property from the dealer.

1008.3 Whenever any secondhand personal property so acquired is to be sold at retail, is to be sent out of the District of Columbia, or is to be retained by the licensee for the licensee’s own use, the licensee shall, not less than thirty (30) days prior to selling the property, removing it from the District of Columbia, or using the property for personal purposes, deliver to the Chief of Police, on blank forms prescribed by the Mayors, a legible and correct transcript from the record required under this section relating to the property to be sold at retail, removed from the District of Columbia, or retained for use by the licensee.

1008.4 All used personal property covered by this section shall be kept separate and distinct from other merchandise, and its character or identify shall not be changed or destroyed until after the expiration of thirty (30) days from the time the required report has been made to the Chief of Police.

History

SOURCE: Commissioners’ Order 33-2803 (October 17, 1933); as amended by Section 6 of Article 1 of the Police Regulations (May 1981); as amended by Final Rulemaking published at 61 DCR 12210 (November 28, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1008

16 DCMR § 1009 PROPERTY LEFT FOR REPAIR

1009.1 Each junk dealer and dealer of any class in secondhand personal property shall keep at the dealer's place of business a book or books, in which shall be legibly written in English and numbered consecutively, an account with respect to any personal property which is listed in § 1003.7 and which is left for repair.

1009.2 The account shall contain the information required by § 1001.4.

1009.3 If the property is sold, or converted to the dealer's own use to redeem the cost of the repair, the dealer shall record the date of the sale or conversion and the name and address of the person, firm, or corporation ultimately receiving the property from the dealer.

History

SOURCE: Section 10 of Article 1 of the Police Regulations (May 1981); as amended by § 2(i) of the Secondhand Dealers Regulation and Rental Housing Act of 1980 Clarification Act of 1981, effective July 14, 1981 (D.C. Law 4-15; 28 DCR 2255 (May 22, 1981)). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1009

16 DCMR § 1010 SEIZURE OR DETENTION OF PROPERTY BY POLICE OFFICERS

1010.1 Any member of the Metropolitan Police Department may take possession of any article of secondhand personal property in the possession of a dealer which he or she knows to be missing, or knows or has probable cause to believe to be stolen.

1010.2 Upon taking possession of the article, the member shall furnish the dealer with a receipt which shall include the date, name of the member taking the article, the member's rank, and a description of the article taken.

1010.3 Any article taken by a member from a dealer shall, as soon as possible, be delivered to the Property Clerk of the Metropolitan Police Department where it shall remain until such time as ownership or the right of possession, or both, have been determined according to law.

1010.4 The Property Clerk of the Metropolitan Police Department shall notify the dealer in writing of any disposition of the property. The notice shall include the date of disposition and the name of the person receiving the property.

1010.5 In lieu of taking possession of secondhand personal property pursuant to this section, a member of the Metropolitan Police Department may place a temporary detainer on the property for a period not to exceed sixty (60) calendar days from the date that the written notice of the detainer is issued to the dealer.

1010.6 During the period of detention, the property shall remain in the custody of the dealer and the dealer shall be prohibited from selling, disposing of in any manner, or changing the identity of the property.

1010.7 During the period of detention, the dealer shall keep the detained property separate and distinct from all other property in the dealer's place of business.

History

SOURCE: Section 11 of Article 1 of the Police Regulations (May 1981); as amended by § 2(i) of the Secondhand Dealers Regulation and Rental Housing Act of 1980 Clarification Act of 1981, effective July 14, 1981 (D.C. Law 4-15; 28 DCR 2255 (May 22, 1981)). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1010

16 DCMR § 1011 PUBLIC EXHIBITS AND SHOWS

1011.1 Any dealer not already licensed under this chapter conducting or participating in a public exhibit or show of secondhand personal property to be held in the District of Columbia shall obtain a temporary permit from the Mayor at least sixty (60) calendar days in advance of the show or exhibition.

1011.2 Each dealer participating in the show or exhibition shall provide the Chief of Police with a list of all merchandise or property which is to be exhibited or offered for sale at the show or exhibition.

1011.3 The list shall be provided to the Chief of Police at least seven (7) calendar days prior to the date of the show of exhibition.

History

SOURCE: Section 12 of Article 1 of the Police Regulations (May 1981); as amended by § 2(i) of the Secondhand Dealers Regulation and Rental Housing Act of 1980 Clarification Act of 1981, effective July 14, 1981 (D.C. Law 4-15; 28 DCR 2255 (May 22, 1981)). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1011

16 DCMR § 1012 EXEMPT TRANSACTIONS

1012.1 The chapter shall not apply to transactions involving the sale or purchase of any of the following:

(a) Coins that change substantially in relation to the precious metal content of those coins;

(b) Medallion form bullion; or

History

SOURCE: Section 13 of Article 1 of the Police Regulations (May 1981); as amended by § 2(i) of the Secondhand Dealers Regulation and Rental Housing Act of 1980 Clarification Act of 1981, effective July 14, 1981 (D.C. Law 4-15; 28 DCR 2255 (May 22, 1981)). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1012

16 DCMR § 1013 ENFORCEMENT AND PENALTIES

1013.1 The Mayor may suspend the license of any secondhand dealer in personal property if that person has been convicted of three (3) or more crimes in connection with the operation of a secondhand dealer business within any two (2) year period.

1013.2 The Mayor may revoke the license of any secondhand dealer convicted of a felony in connection with the operation of a secondhand dealer business.

1013.3 Each licensed junk dealer and every class dealer in secondhand personal property shall be liable to all the penalties provided for violation of any of the provisions of this chapter, whether the violations are committed by the licensee or the licensee's agent, clerk, or employee.

1013.4 Any person violating § 1002.1, 1002.2, 1002.4, 1002.6, or 1003.1 shall, upon conviction, be imprisoned for not more than ninety (90) days or fined not more than one thousand dollars ($ 1,000), or both.

1013.5 Any person violating any provision of this chapter for which a specific penalty is not provided shall, upon conviction, be punished by a fine of not more than three hundred dollars ($ 300).

History

SOURCE: Sections 1(b)(9) and (10) of Article 1 of the Police Regulations (May 1981); as amended by §§ 2(b) and (h) of the Secondhand Dealers Regulation and Rental Housing Act of 1980 Clarification Act of 1981, effective July 14, 1981 (D.C. Law 4-15; 28 DCR 2255 (May 22, 1981)). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1013

16-11 AUCTIONS AND AUCTIONEERS

16 DCMR § 1100 AUCTION SALES: GENERAL PROVISIONS

1100.1 No person or corporation shall offer for sale, sell, or cause to be offered for sale or sold, any real or personal property at public action in the District of Columbia, unless that sale is cried by a duly licensed auctioneer.

1100.2 A wholesale dealer in perishable goods used for food may, in order to avoid loss from deterioration or decay, sell those perishable goods owned by the dealer to the highest bidders without procuring an auctioneers' license and without employing licensed auctioneers, but no dealer shall resort to such sales more often than three (3) times a week.

1100.3 In addition to the permit required under § 2 of the Act of Congress approved Sept. 8, 1916 (D.C. Official Code § 47-2701 (2001 Ed.)), no personal property shall be offered or exposed for sale or sold at auction by any person in any street, avenue, alley or other public place unless by special permit from the Chief of Police.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is a Joint Resolution to regulate licenses to proprietors of theatres in the city of Washington, District of Columbia, and for other purposes, approved February 26, 1892.

16 DCMR § 1101 AUCTIONEER'S LICENSE

1101.1 Auctioneers' licenses are issued under paragraph 9 of the Act of Congress approved July 1, 1932 (D.C. Official Code § 47-2808 (2001 Ed.)), which also sets the license fee.

1101.2 No licensed auctioneer shall permit any other person or corporation to hold or conduct any auction sale in his or her name.

1101.3 An applicant for an auctioneer's license shall have three (3) sets of fingerprints taken by the Metropolitan Police Department, which shall become a part of the application.

1101.4 Any applicant who is not a resident of the District of Columbia shall have his or her fingerprints taken by the Metropolitan Police Department or by the police department or comparable authority where the applicant is a resident.

1101.5 If the fingerprints are taken by other than the Metropolitan Police Department, the fingerprints shall be attached to and accompanied by an affidavit of the authority taking the fingerprints stating that the fingerprints are the fingerprints of the applicant.

1101.6 Fingerprints taken under this section shall be submitted to the Federal Bureau of Investigation, and to such other and further authorities as the Chief of Police may deem advisable for comparison and record.

1101.7 No person shall be granted a license to conduct an auction sale or sales in the District unless the applicant

has passed his or her eighteenth (18th) birthday and has been a bona fide resident of the District of Columbia for at least six (6) months immediately preceding the application or has been regularly employed or engaged in business in said District of Columbia for a continuous period of at least six (6) months immediately preceding the application.

1101.8 If an applicant who does not meet the residence requirements of this section, but possesses special qualification which will contribute to the effective sale of specifically described goods, the Mayor may, if the application is supported by a petition setting forth exceptional circumstances, authorize the issuance of a license.

1101.9 A license issued under § 1101.8 shall expire upon the sale of the specified goods, or upon the expiration of the license year in which the license is issued, whichever occurs first. The applicant, in the application for a license, shall consent to this requirement for the expiration of the license.

16 DCMR § 1102 REPRESENTATIONS AND ADVERTISING

1102.1 A copy of the permit application under § 2 of the Act approved Sept. 9, 1916 (D.C. Code § 47-2702 (2001 Ed.)), shall be posted in a conspicuous place in the premises in which the authorized sale is conducted.

1102.2 Any person or corporation selling or offering for sale any personal property at public action shall, in describing the property, be truthful with respect to the description, character, quality, and kind of property.

1102.3 For purposes of this chapter, the representations made under § 1102.1 shall be considered as warranties, and any breach of those warranties shall be punishable by prosecution in the Criminal Division, Superior Court, as set forth in this chapter.

1102.4 No one shall offer for sale any personal property unless that property is shown before or at the time of the sale.

1102.5 All advertisements of auction sales in the District of Columbia shall contain only true statements of fact in relation to the sale, and the statements when so made shall be considered as warranties.

1102.6 A person, firm, or corporation desiring to sell property (either real or personal) at public action may, for the purpose of attracting attention to the prospective sale of that property, ring a bell once a day for a period of time not to exceed five (5) minutes, in front of the premises to be sold or the place where the personal property to be offered for sale is stored. The bell shall not to exceed six inches (6 in.) in diameter at the bottom and five inches (5 in.) in height perpendicular from the level to the crown.

16 DCMR § 1103 CONDUCT OF AUCTION SALES

1103.1 No person offering for sale of selling any real or personal property at public auction in the District of Columbia shall, directly or indirectly, employ any person or persons for the purpose of puffing or bidding up the price of the property to be sold with no intention of purchasing the same, but with the intention of raising the price upon bona fide bidders.

1103.2 No person, firm, or corporation shall, directly or indirectly employ any person or persons known as "encouragers," who are not the criers of the property, but who pretend to be bona fide bidders and endeavor to induce bona fide bidders to purchase any of the property offered at auction.

1103.3 No licensed auctioneer shall conduct an auction sale for any person knowing that the person, directly or indirectly, employs "puffers" or "encouragers" in violation of this section.

16 DCMR § 1104 AUCTION SALE RECORDS

1104.1 Each auctioneer, immediately prior to the receipt or acceptance for purposes of sale, and before offering any personal property for sale, shall write or cause to be written in a book to be kept for that purpose in the business the following information:

(a) The name and address of the person who employed the auctioneer to sell the personal property;

(b) The location, with street number (if any), of the personal property before receipt of that property for sale;

(d) The terms and conditions upon which the auctioneers receives or accepts the personal property for sale.

1104.2 All books and entries under § 1104.1 shall be open to inspection during business hours upon application of any member of the Metropolitan Police acting under authority of the Chief of Police.

16 DCMR § 1105 COMPLIANCE WITH OTHER REGULATIONS

1105.1 No auctioneer shall offer any dangerous or deadly weapon for auction without first complying with regulations of the District governing sales of dangerous or deadly weapons by licensed dealers.

1105.2 If an auctioneer, in addition to being licensed as an auctioneer, is also licensed as a dealer in second-hand personal property under this title, that auctioneer/second-hand dealer shall, upon receiving or accepting any personal property for purposes of sale by auction, keep that property separate and distinct from all other property or merchandise in his or her place of business.

1105.3 Within twenty-four (24) hours, excluding Sundays and holidays, the dual licensee under § 1104.2 receiving property for sale by auction shall report the receipt or acceptance of that property to the Chief of Police (on blank forms to be prescribed by the Mayor) and retain the property separate in the place of business without selling or otherwise disposing of it, and without altering the identity of the property, destroying the property.

1105.4 If the property under § 1105.3 is jewelry or other times composed of, or manufactured in whole or in part of gold, silver or platinum, the licensee shall not melt or take apart the items, or obliterate any marks of identification on the property, until after the expiration of fifteen (15) days from the time that receipt of the acceptance of the property was reported to the Chief of Police.

1105.5 Nothing in § 1105.3 shall prohibit the redemption and removal of any property by the owner of the property at any time; or apply to property purchases by the auctioneer-second-hand dealer from the United States or District of Columbia governments; or apply to sales under or by virtue of legal process.

16 DCMR § 1106 ENFORCEMENT AND PENALTIES

1106.1 Any person violating any of the provisions of this article shall, upon conviction, be fined not more than three hundred dollars ($ 300) or imprisoned for not more than ninety (90) days.

1106.2 The penalties set forth in this section are in addition to the penalties set forth in D.C. Code § 47-2704, § 47-2707, and § 47-2808 (2001 Ed.).

16-12 PROPRIETARY SCHOOLS

16 DCMR § 1200 GENERAL PROVISIONS

1200.1 The purpose of this chapter is to establish licensing requirements for proprietary schools in the District, and for all agents acting on behalf of proprietary schools in soliciting students.

1200.2 The provisions of this chapter are designed to protect prospective and enrolled students from unscrupulous and financially irresponsible proprietary schools and to ensure, to the extent possible, that the promotional information provided to the public by proprietary schools is accurate and honest.

1200.3 The provisions of this chapter shall apply to all proprietary schools located in the District and to all agents operating in the District.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act approved July 1, 1902, 32 Stat. 628, § 7, par. 45 and paragraph 391 of Reorganization Plan No. 3 of 1967 (D.C. Official Code § 47-2842 (2001 Ed.)).

16 DCMR § 1201 LICENSE REQUIREMENTS

1201.1 No person shall operate a proprietary school in the District without having first obtained a license from the Department of Consumer and Regulatory Affairs (also referred to in this chapter as the "Department").

1201.2 The license shall be assigned or transferred only in accordance with the provisions of the Act approved July 1, 1932 (D.C. Official Code § 47-2801 et seq. (2001 Ed.)).

16 DCMR § 1202 APPLICATION FOR LICENSE

1202.1 Any person desiring to obtain a proprietary school license or to renew a license, shall file an application with the Department upon forms provided by the Department.

1202.2 Each application for a proprietary school license, or for a renewal of a proprietary school license, shall be accompanied by a fee to be determined by the Department.

1202.3 Each licensed proprietary school or applicant for license shall upon request of the Department, make its records and files available to the Department at reasonable times for the purpose of discharging its responsibilities under this chapter.

1202.4 The application shall include, but not be limited to, the following information:

(a) Title or name of the school, and location of its principal place of business;

(b) The names of the owner or owners, officers, members of the board of directors, managing employees within the District, and any other person or business entity having a twenty-five (25%) or more ownership interest in the school;

(d) The maximum student enrollment to be accommodated;

(e) A current financial statement of the school prepared by a certified public accountant within thirty (30) days of the application and verified by the owner under oath;

(f) The form and contents of the student enrollment agreement and contract (if not the same as enrollment agreement), which shall include the school's tuition and refund policy;

(g) A schedule of all tuition, fees, and other charges, and a statement of the school's tuition refund policies;

(h) A pamphlet listing all the courses offered and the educational objective of the course or plan;

(i) A list of the names of all agents authorized to represent the school in soliciting prospective students, which shall be revised as necessary; and

(j) Copies of all advertising used by proprietary schools during the preceding six months including transcripts of radio and television commercials.

16 DCMR § 1203 GUARANTEE OF FINANCIAL RESPONSIBILITY BOND

1203.1 No proprietary school license shall be effective until a corporate surety bond or other security approved by the Department shall have been filed with the Department by the person applying for the license.

1203.2 The corporate surety bond shall be payable to the District, and shall be conditioned upon observance by the person applying for the license of all requirements of this chapter.

1203.3 Any student, or the student's parent or guardian, who is aggrieved by a violation of this chapter shall have a right of action on the bond for the recovery of money, or damages, or both.

1203.4 The amount of bond required to be filed by a proprietary school shall be ten thousand dollars ($ 10,000).

16 DCMR § 1204 ISSUANCE AND RENEWAL OF LICENSES

1204.1 Each proprietary school license shall be issued for a period of one (1) year beginning on November 1st and expiring on October 31st of the following year.

1204.2 Application for renewal of a license shall be filed in advance of the next license year, accompanied by the required bond and license fee.

1204.3 Licenses issued at any time after the beginning of the license year shall date from the first day of the month in which the license was issued and end on the thirty-first (31st) day of October following.

1204.4 Payment of license fees for licenses issued any time after the beginning of the license year shall be in a proportionate amount of the annual license fee.

16 DCMR § 1205 PUBLICITY AND ADVERTISING

1205.1 Copies for all advertising used by a proprietary school, including transcripts of radio and television commercials, shall be submitted to the Commission upon its request.

1205.2 Foreign language advertising shall be submitted accompanied by an English translation.

1205.3 A guarantee of placement or employment for graduates shall in no way be promised or implied by any proprietary school or agent, nor be a part of their advertisement in any form.

1205.4 No proprietary school shall solicit students in the employment columns or any similar columns of newspapers or other publications with headings such as "Help-Wanted," "Employment," or "Business Opportunities."

1205.5 No proprietary school or its agents shall advertise or otherwise imply that the school is "supervised," "recommended," "endorsed," "accredited," or "approved" by the Department or any other department or agency of the District government.

1205.6 A proprietary school licensed under this chapter may include in its advertising the following legend:

"This school is licensed under the Proprietary School Regulations of the District of Columbia" or "Licensed by D.C."

16 DCMR § 1206 AUTHORIZED AGENTS

1206.1 No person shall act as an agent for a proprietary school located in the District or elsewhere, without having first obtained an agent's permit from the Department.

1206.2 Each agent representing a proprietary school shall make application to the Department for an agent's permit, upon forms provided by the Department. An agent shall be required to obtain a separate permit for each proprietary school he or she represents.

1206.3 Each application shall be accompanied by a fee to be determined by the Department.

16 DCMR § 1207 AGENT'S SURETY BOND

1207.1 No agent's permit (or renewal permit) shall become effective until the applicant for the permit has filed with the Department a corporate surety bond or other security approved by the Department.

1207.2 The corporate surety bond shall be payable to the District, and shall be conditioned upon observance of all requirements of this chapter.

1207.3 Any student, or the student's parent or guardian, who is aggrieved by a violation of this chapter by an agent shall have a right of action on the bond for the recovery of money, or damages, or both.

1207.4 The amount of bond required to be filed under this subsection shall be twenty-five hundred dollars ($ 2,500).

1207.5 A proprietary school may file a blanket surety bond for all its authorized agents in an amount to be determined by the Department, but in no case greater than fifteen thousand dollars ($ 15,000).

1207.6 Each agent's permit shall be issued for a period of one (1) year beginning on November 1st and expiring the following October 31st.

1207.7 Application for renewal of a permit shall be filed prior to the expiration of the permit, accompanied by the required bond and fee.

1207.8 An agent's permit issued after the beginning of the year shall be dated, and fees prorated, in the manner provided in § 1204.

16 DCMR § 1208 AGENT'S IDENTIFICATION CARDS

1208.1 The Department, upon approval of an application for an agent's permit, shall prepare and deliver to each agent an identification card which shall contain the name and address of the agent and the employing school, and shall certify that the person whose name appears on the card is an authorized agent of that school.

1208.2 The identification card shall be shown by the agent to prospective students upon request.

1208.3 The year for which a permit is issued shall be prominently displayed on the card.

16 DCMR § 1209 DENIAL, SUSPENSION, OR REVOCATION OF LICENSES AND PERMITS

1209.1 The Department may refuse to issue, or to renew, or may revoke or suspend the license of a proprietary school or the permit of an agent for any of the following reasons:

(a) Willful violation of any provision of this chapter;

(b) Furnishing false or misleading information to the Department, or failure to furnish information requested;

(c) Furnishing false, misleading, or fraudulent information regarding the school or course of instruction to a prospective student or the student's parent(s) or guardian(s);

(d) Engaging in false, misleading or fraudulent advertising or solicitations; or making any false promise likely to influence, persuade, or induce enrollments through agents, in advertising, or otherwise;

(e) Failure to secure or maintain financial resources adequate for satisfactory conduct of the course of instruction offered;

(f) Failure to secure or maintain the required corporate surety bond;

(g) Conferring or attempting to confer a degree upon a student which purports to be the equivalent of a degree issued by a duly licensed institution of higher learning; or

(h) Failure to conform to the tuition plan and refund policy, as approved by the Department.

16 DCMR § 1210 NOTICE AND HEARINGS

1210.1 If the Department determines that there are grounds for denial, suspension, or revocation of a proprietary school license or agent's permit under this chapter, the Department shall first serve upon the applicant or licensee a written notice specifying with particularity the violations in question.

1210.2 The notice shall also inform the applicant or licensee of the right to request, within seven (7) days from service of notice, a hearing before the Department at which time the applicant or licensee may show cause why the application should not be denied, or the license or permit suspended or revoked.

1210.3 The notice to the applicant or licensee shall also specify what action, whether it be denial, suspension, or revocation, is contemplated and that the proposed action shall be taken if no hearing is requested.

1210.4 If action adverse to the applicant or licensee is taken by the Department after the hearing held pursuant to this section, the applicant or licensee shall have the right to appeal to the Board of Appeals and Review the Department's decision to refuse, suspend, or revoke the license. The request for an appeal shall be made within twenty- one (21) days following the Department's action.

16 DCMR § 1211 REFUND POLICIES

1211.1 Each school shall furnish the Department with a schedule of its tuition and fees and its prepaid tuition plan and refund policy.

1211.2 Each student shall be provided seventy-two (72) hours to rescind any contract and repayment of all fees and tuition. This period will commence from the date of the signing but will not include or end on any Saturday or Sunday or legal holiday.

1211.3 Each student shall be provided, on a separate sheet, notice of the student's right to rescind the contract with seventy-two (72) hours of signing and notice of the fact that, upon rescission, the student will be returned all monies advanced to the school.

1211.4 Each student shall be provided a copy of the school's tuition plan and refund policy at the time of enrollment.

1211.5 Each school's refund policy shall be approved by the Department only when it is such that the amount retained by the school does not exceed an amount calculated in accordance with the following standards:

(a) The enrollment or registration fee shall be separately stated and the non-refundable portion thereof shall either be twenty percent (20%) of the total cost of the course or fifty dollars ($ 50), whichever is less; Provided, that this refund policy shall apply only after the seventy-two (72) hour period immediately following signing has expired;

(b) All monies paid in excess of the nonrefundable portion of the enrollment or registration fee shall be refunded when an enrolled student requests, in the manner provided in the contract, cancellation before his or her scheduled class(es) begin(s); Provided, that this provision shall not apply to non-immigrant alien students as defined in § 1499; and

(c) If a student enters training and withdraws or is discontinued from training prior to completion of seventy-five percent (75%) of the scheduled program, the school shall refund to the student a sum which does not vary more than ten percent (10%) from the exact pro rata portion of refundable tuition unexpended by the student.

1211.6 The prorated amount under § 1211.5(c) shall be determined by the ratio of the number of weeks or lessons in series serviced by the school of instruction completed by the student to the total number of weeks of instruction offered. Any portion of a week's attendance by a student shall be considered a full week's attendance for the purpose of this section. In the case of correspondence schools, any portion of a lesson in series shall be considered as a completed series.

1211.7 No school shall request nor accept more than ten percent (10%) of the total tuition prior to commencement of the program or schedule. This requirement shall not apply to non-immigrant alien students.

1211.8 Each school shall make every effort to ensure that enrolled students intend to complete the respective schedules or wish to withdraw.

1211.9 Adequate records shall be kept to ensure that students who delay in requesting a refund are accommodated; Provided, that the school is not required to honor a refund request submitted subsequent to the end of the scheduled program for which the student was enrolled.

1211.10 Any refund required to be made to a nonimmigrant alien student by the provisions of this section shall be payable to that student as follows:

(a) Within thirty (30) days after the Immigration and Naturalization Service of the United States has certified to the school which is obligated to make the refund that the non-immigrant alien student has departed from the United States; and

(b) Only in the legal currency of the country of which the non-immigrant alien student is a citizen.

16 DCMR § 1212 CREDIT TRANSACTIONS

1212.1 A school shall not use any contract provision, oral or written representation, or other device or means to deny or abridge the benefits of any applicable Federal or District law intended to protect consumers or credit purchasers.

1212.2 A school shall not negotiate or assign a promissory note or other instrument or indebtedness executed by or on behalf of a student or the student's parents or guardians without first endorsing on the face of it a legend stating:"Any holder takes this instrument subject to the terms and conditions of the contract which gave rise to the debt evidenced hereby."

16 DCMR § 1213 ENFORCEMENT AND PENALTIES

1213.1 Any person violating any provision of this chapter shall, upon conviction, be fined not more than three hundred dollars ($ 300) or imprisoned for not more than ninety (90) days.

1213.2 If any provision of this chapter is adjudged unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and the applicability of such provision to other persons and circumstances shall not be affected.

16 DCMR § 1299 DEFINITIONS

1299.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Agent - a person employed by a proprietary school, whether such school is located within or outside the District, who solicits in the District students or enrollees for the school by any means and in any place.

Department - the Department of Consumer and Regulatory Affairs.

Person - includes individuals, firms, partnerships, corporations, associations, and organizations.

Proprietary school - a privately-owned school in the District, or any branch, extension, or facility in the District of a proprietary school located elsewhere, which offers for a consideration resident or correspondence courses or training or instruction for the purpose of enabling an individual to improve his or her intellectual aptitude, or which purports to prepare or qualify individuals for employment in any occupation or trade or in work requiring mechanical, technical, artistic, or clerical skills.

The term "proprietary school" shall not include any of the following:

(a) Residential Institutions providing exclusively elementary (including kindergarten) and secondary education;

(b) Degree-granting institutions of higher learning licensed by the Educational Institution Licensure Commission or chartered by an Act of Congress;

(c) Schools conducted by any person solely for the training of the employees of that person, and for which no fee is charged;

(d) Any course of instruction offered by the District or federal government or any instrumentality of the District or federal government; or

(e) Education which is solely avocational or recreational in nature, and institutions offering avocational or recreational education exclusively.

Student - a full-time or part-time enrollee in a proprietary school.

Non-immigrant alien student - any student having a residence in a foreign country who has acquired this status to pursue a full course of study in the United States.

16-13 CHARITABLE SOLICITATION

16 DCMR § 1300 GENERAL PROVISIONS

1300.1 The provisions of this chapter are adopted under the authority of § 11 of Pub. Law 85-87, the "District of Columbia Charitable Solicitation Act," 71 Stat. 281 (D.C. Code § 2-170 (1981 Ed.)), which is also referred to in this chapter as the "Act."

1300.2 The provisions of this chapter shall be applicable to persons soliciting or receiving, or attempting to solicit or receive, contributions in the District of Columbia, except as provided otherwise in this chapter and § 4 of the Act (D.C. Official Code § 44-1703 (2001 Ed.)).

1300.3 The Director of the Department of Consumer and Regulatory Affairs (also referred to in this chapter, respectively, as the "Director" and the "Department") shall administer the provisions of the Act and this chapter, and shall prescribe the administrative procedures necessary for their administration.

1300.4 The Director shall prescribe the necessary forms to carry out the purposes of the Act and this chapter.

1300.5 All statements and other information filed with the Department by a registrant under the provisions of the Act and this chapter shall be public records and shall be open to inspection during usual business hours.

16 DCMR § 1301 EXEMPTION OF SMALL SOLICITATIONS

1301.1 Under the authority of § 4(d) of the Act [D.C. Official Code § 44-1703(d)], any person or individual who, in connection with a solicitation, did not actually receive contributions in excess of twenty-five thousand dollars ($ 25,000) during the previous calendar year and who does not expect to receive contributions in excess of twenty five thousand dollars ($25,000) during the current calendar year and who complies with the provisions of this section, shall be exempt from the provisions of §§ 4(a), 6, and 7 of the Act [D.C. Official Code §§ 44-1703(a), 44-1705, and 44-1706].

1301.2 All functions, including fund raising functions, of a person or individual exempt under this section shall be carried on by individuals who are unpaid for their services.

1301.3 No part of the contributions collected by an individual or person exempt under this section shall inure to the benefit of or be paid to any officer, member, or solicitor.

History

SOURCE: Final Rulemaking published at 65 DCR 6159 (June 8, 2018). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1301

16 DCMR § 1302 EXEMPTION OF MEMBERSHIP AND WORKFORCE SOLICITATIONS

1302.1 The provisions of this chapter and §§ 4(a), 5, 6, 7, and 9 of the Act (D.C. Official Code §§ 44-1703(a), 44-1704, 44-1705, 44-1706, and 44-1708 (2001 Ed.)) shall not be applicable to any solicitation which meets the requirements of this section.

1302.2 Any solicitation of the members (or the families of members) of any church, club, or society the governing body of which, by official action spread upon minutes of that body, has approved that solicitation, and has made provision acceptable to the Director to supervise the solicitation, shall be exempt under this section.

1302.3 Any solicitation of the members of a work force of any public or private organization, if that solicitation is approved by and conducted under the supervision of the employer or the employer's duly authorized representative, and is only carried on within the place or places of employment of the work force, shall be exempt under this section.

1302.4 For the purposes of § 1302.3, the term "organization" means any public, quasi-public, or private firm, establishment, association, plant, factory, or other place of employment; the government of the District of Columbia or any department, agency or office thereof; and any department, agency, office, or corporation of the government of the United States.

16 DCMR § 1303 EXEMPTION OF RELIGIOUS AND EDUCATIONAL SOLICITATIONS

1303.1 No person claiming exemption under the authority of § 4(b) of the Act [D.C. Official Code § 44-1703(b) (2001 Ed.)] shall solicit contributions until after that person has filed with the Director the proof of exemption required by this section.

1303.2 In accordance with the Act, the exemption from the provisions of the Act and this chapter shall remain in effect only so long as the person continues to be exempt from federal taxation under the provisions of § 501 of the Internal Revenue Code of 1954.

1303.3 Persons claiming exemption from the Act under the authority of § 4(b) shall file proof of the exemption with the Director.

1303.4 Proof of exemption shall consist of the following:

(a) A photostat or certified true copy of a ruling letter issued by the Internal Revenue Service of the United States Treasury Department holding the person claiming exemption under § 4(b) of the Act to be exempt under § 501 of the Internal Revenue Code of 1954; and

(b) An affidavit stating that the exemption under § 501 of the Internal Revenue Code of 1954 is in force and effect on the date of the submission of proof under this section.

16 DCMR § 1304 CERTIFICATES OF REGISTRATION

1304.1 Application for a certificate of registrations, under the provisions of § 4 of the Act [D.C. Official Code § 44-1703(a) (2001 Ed.)] shall be made in accordance with the provisions of this section.

1304.2 Each application for a certificate of registration shall contain the following information:

(a) The name, address, and headquarters of the applicant;

(b) If incorporated, the date and place of incorporation;

(c) If the applicant is not an individual, the names and headquarters of the applicant's principal officers and managers and a copy of the resolution authorizing the person or persons making application for the certificate of registration on behalf of the applicant to take that action, certified to as a true and correct copy by the person having charge of the applicant's records;

(d) A copy of the charter and by-laws of the applicant;

(e) The purposes of the solicitation to be made under the authority of the certificate of registration applied for, the estimated total of funds proposed to be raised by the solicitation, and all the uses or dispositions to be made of the funds;

(f) The names and addresses of all persons who will have responsibility for managing the solicitations, including managerial personnel both within and outside the District;

(g) The names and addresses of all persons by whom the receipts or proceeds of the solicitation may be disbursed;

(h) An outline of the method or methods to be used in conducting the solicitation;

(i) The time when solicitations are to be made, giving the dates on which solicitations are to begin and end;

(j) The total estimated cost of the solicitation, including all costs of administration, promotion, solicitations, collection, and disbursement; and

(k) A statement of the estimated cost of the solicitation, expressed as a percentage of the estimated total amount expected to be collected.

1304.3 If professional fundraisers or solicitors will be connected with the solicitation to any extent, the following information shall be provided with the application:

(a) The names and addresses of all professional fund raisers and professional solicitors;

(b) The amount of wages, fees, commissions, expenses, or emoluments to be paid to each professional fund raiser and professional solicitor; and

(c) A copy of the contract, if any, made by or on behalf of the applicant with each professional fund raiser and professional solicitor.

1304.4 Each application shall be accompanied by an itemized financial statement for the last preceding calendar year or fiscal year, as the records of applicant may be kept, of any funds collected in the District of Columbia through a charitable solicitation by or on behalf of the applicant. This statement shall disclose the amount of money so collected, together with the costs of collecting, and the final distribution of the funds collected.

1304.5 If the applicant completes an application for renewal of registration prior to the expiration of a registration period the applicant need not file an itemized financial statement under § 1304.4, except upon demand of the Director. Nothing in this section shall absolve the applicant from compliance with the reporting requirements of § 7 of the Act (D.C. Official Code § 44-1706 (2001 Ed.)).

1304.6 Each application shall be accompanied by a full statement of the character and extent of the charitable work being done by the applicant in the District.

1304.7 Each application shall be accompanied by a statement to the effect that if the certificate of registration is granted, the certificate will not be used or represented in any way as an endorsement by the District or by the Department of the solicitation to be conducted under the authority of the certificate.

1304.8 If the applicant is a non-resident, the applicant shall appoint and maintain an attorney-in-fact to act as the applicant's agent in the District for the service of any notice or process authorized by the Act or this chapter.

1304.9 If the applicant is unable to furnish any of the information required by this section, a detailed statement shall be given the Director of the reason or reasons why the information cannot be furnished.

1304.10 The fee for a certificate of registration shall be eighty dollars ($ 80) which shall be paid at the time application is made.

16 DCMR § 1305 ISSUANCE OR DENIAL OF CERTIFICATES OF REGISTRATION

1305.1 Upon the filing of an application, the Director may investigate or cause to be investigated the statements contained in the application.

1305.2 The Director is authorized to deny a certificate of registration to an applicant if, upon investigation, the Director has reason to believe that one or more of the following facts exist:

(a) That the applicant has failed to complete the application;

(b) That the application contains false or misleading information; or

1305.3 Each certificate of registration shall bear the following:

(a) The name and address of the registrant;

(b) The number of the certificate, as assigned by the Director;

(d) A statement that the certificate does not constitute an endorsement by the District of Columbia, or by any officer or employee of the District, of the purpose of or the person conducting the solicitation; and

(e) Other information or conditions that the Director may require.

1305.4 A certificate of registration shall be valid for the length of time stated on the certificate but in no event for more than one (1) year.

1305.5 Duplicates of certificates of registration shall be made available to the registrant, upon written request, at a cost of one dollar ($ 1) for each duplicate.

1305.6 No person shall use or display any certificate of registration after the certificate has expired or has been suspended or revoked.

16 DCMR § 1306 SOLICITOR INFORMATION CARDS

1306.1 Each registrant and each applicant for a certificate of registration shall make application to the Director for the number of solicitor information cards that will be required to conduct the solicitation.

1306.2 At the request of persons exempt under §§ 4(b), (c), and (d) of the Act, the Director shall issue to them identification cards to be distributed to each solicitor employed by that exempt person.

1306.3 Solicitor information cards shall be supplied at cost.

1306.4 Each solicitor information card shall be serially numbered and shall bear following information:

(a) The name and address of the solicitor;

(b) The number of certificate of registration under the authority of which the solicitor solicits contributions;

(d) The dates within which solicitations may be made;

(e) A statement that the card does not constitute an endorsement of the solicitation by the District of Columbia, or by any officer or employee of the District; and

(f) Other information or conditions that the Director may require.

1306.5 The Director may, in his or her discretion, issue solicitor information cards with the names of the solicitors omitted. If the cards are issued without names, the names of the solicitors shall subsequently be furnished to the Director at the Director's request.

1306.6 The Director may, in connection with any request for solicitor information cards, require the registrant to submit a list in triplicate of the names and addresses of the persons for whom the cards are being requested, and the Director may either prepare or cause to be prepared a solicitor information card for each name appearing on the list, or the Director may serially number the names of the list and issue like-numbered cards to the registrant, for completion in accordance with the requirements of this section.

1306.7 No registrant to whom the Director issues serially numbered cards against a serially numbered list of names shall issue any card to any person other than the person indicated on the list of names by the same number as that appearing on a card.

1306.8 No registrant issued a completely filled-out solicitor information card shall distribute the card to any person other than the person named on the card.

1306.9 No person other than the person whose name appears on the solicitor information card shall be issued that card or be authorized to use the card by a person whose name does not appear on the card, even if the person is employed by a registrant to make solicitations, shall be a violation of this chapter.

1306.10 Each registrant shall be responsible for carrying out and securing compliance with the provisions of this section and § 1307. Failure or refusal of any registrant or solicitor to comply with the provisions of these sections shall be grounds for the suspension or revocation of the certificate of registration issued to the registrant.

16 DCMR § 1307 DISPLAY OF SOLICITOR INFORMATION CARDS

1307.1 A solicitor information card may be displayed in any manner that the registrant or the individual solicitor desires, but the card shall be produced or displayed whenever any solicitation is made, and the person solicited shall be given an opportunity to examine the information contained on the card.

1307.2 If solicitations are made at a fixed location, the registrant or solicitor may post an enlargement of the solicitor information card, or a sign in the English language containing the same information as the card.

1307.3 The enlarged card or sign shall be prominently displayed in a manner that is readily legible to any prospective contributor.

16 DCMR § 1308 DENIAL, SUSPENSION, OR REVOCATION OF REGISTRATION

1308.1 Whenever the Director finds, after notice and hearing as required by this section, that a person to whom a certificate of registration has been issued has violated or is violating any of the provisions of the Act or this chapter, or that any registrant, promoter, or solicitor has misrepresented the purpose of the solicitation, the Director may revoke or suspend the certificate of registration of the registrant.

1308.2 Prior to refusing to issue a certificate of registration, the Director shall, by written notice, afford the applicant for the issuance of the certificate an opportunity to show cause, at an open hearing to be conducted by the Director, why the issuance of the certificate should not be denied

1308.3 Prior to suspending or revoking a certificate of registration, the Director shall, by written notice, afford the registrant an opportunity to show cause, at an open hearing to be conducted by the Director, why the certificate should not be suspended or revoked.

1308.4 The notice of denial, suspension, or revocation shall include the following:

(a) A statement of the reason for the Director's proposed refusal to issue, or proposed suspension or revocation of the certificate;

(b) Allowance of a reasonable time, not to exceed ten (10) days, within which the applicant for a certificate or the registrant, may show cause why the application should not be denied, or why the certificate should not be suspended or revoked;

(d) A statement that the applicant or registrant may be represented by an attorney; may testify on his or her own behalf; may present witnesses, evidence, and argument; and may cross-examine any witnesses against the applicant or registrant; and

(e) The signature of the Director or designated agent.

1308.5 The notice under § 1308.4 shall be deemed to have been properly served upon an applicant for the issuance of a certificate of registration, or upon a registrant, as the case may be, as follows:

(a) If a copy of the notice is personally delivered to the applicant or registrant;

(b) If a copy is left at the usual place of business or usual residence of the applicant or registrant with a person over the age of sixteen (16) years who is then employed in that place of business or resides in that residence; or

16 DCMR § 1309 APPEAL OF DENIAL, SUSPENSION, OR REVOCATION OF REGISTRATION

1309.1 An appeal from any decision of the Director denying, suspending, or revoking a certificate of registration may be taken to the Office of Administrative Hearings by the applicant or registrant not later than ten (10) days from the date on which notice of the decision was served on the applicant or registrant.

1309.2 Appeals shall be in writing and shall state the reason or reasons why the decision of the Director should be vacated, modified, or reversed.

1309.3 Appeals shall be in the form prescribed by the Office of Administrative Hearings.

16 DCMR § 1310 ADMINISTRATION AND ENFORCEMENT

1310.1 The Director shall perform the functions vested in the Mayor by the Act, unless the Act or this chapter specifically requires performance of a function by a District official other than the Director.

1310.2 The Director may investigate or direct an appropriate investigation of any information contained in an application.

1310.3 Either the Director or the Chief of Police may cause investigation to be made of any registrant or other person whom the Director or Chief of Police has probable cause to believe is engaging in charitable solicitation in violation of the Act or this chapter.

1310.4 If the Chief of Police knows or has probable cause to believe that a violation of the Act or this chapter has been or is being committed, the Chief shall take or cause to be taken appropriate action to enforce the Act or this chapter.

1310.5 The Director shall maintain a file of persons entitled to exemption under § 4(b) of the Act.

1310.6 Any person claiming exemption from the provisions of the Act under § 4(c)(2) of the Act [D.C. Official Code § 44-1703(c)(2) (2001 Ed.)], on the grounds that the person is soliciting exclusively among the membership of the soliciting agency, shall, if required by the Director or the Chief of Police, furnish information to the Director or the Chief of Police to show that the individuals solicited or to be solicited are in fact members or employees of the soliciting agency. Upon request, the person shall also furnish a copy of the soliciting agency's charter and by-laws.

1310.7 Any person soliciting contributions, or believed to be soliciting contributions, shall, upon demand by the Director or Chief of Police, display his or her solicitor information card. If the person is employed by an exempt person, he or she shall display sufficient evidence to support the contention that the solicitation is exempt.

16 DCMR § 1311 APPOINTMENT OF ATTORNEY-IN-FACT

1311.1 Each non-resident applicant for a certificate of registration, each non-resident registrant, and each resident applicant or registrant who or which becomes a non-resident, shall be deemed to have appointed the Director as his or her agent upon whom may be served any notice or process issued under the authority of the Act or this chapter.

1311.2 The provisions of § 1311.1 shall not apply if the applicant, in the application, or the registrant appoints and maintains an attorney-in-fact who is a bona fide resident of the District of Columbia to receive service of notice or process and registers the name of the attorney-in-fact with the Director.

1311.3 Unless within ten (10) days after any change occurs which results in the inability of the registered attorney-in-fact to function as such, the applicant or registrant has appointed a new or additional attorney-in-fact and registers the name of such new or additional attorney-in-fact with the Director, the applicant or registrant shall be deemed to have appointed the Director his agent to receive notice or process to be served on the applicant or registrant under the authority of the Act or this chapter.

16 DCMR § 1399 DEFINITIONS

1399.1 The terms and phrases used in this chapter shall have the meaning ascribed to them in § 2 of the Act (D.C. Official Code § 44-1701 (2001 Ed.)).

1399.2 In addition, when used in this chapter, the following terms and phrases shall have the meanings ascribed:

Beneficiary - any person for whom, or on whose behalf, directly or indirectly, any solicitation is made.

Certificate of registration or certificate - the certificate of registration required by § 4(a) of the Act.

Chief of Police - the Chief of the District of Columbia Metropolitan Police Department or the Chiefs designated agent.

Collector - any person collecting or securing, or attempting to collect or secure, a contribution, whether as a solicitor, runner, messenger, "pick-up" person, or by whatever name called, and regardless whether the person is employed by the person for or on whose behalf the contribution is collected or secured, or attempted to be collected or secured.

Department - the Department of Consumer and Regulatory Affairs.

Director - the Director of the Department or the Director's representative, agent, or designee.

Employ or employed - the use of any person for the purpose of making solicitations or collections for or on behalf of a registrant or beneficiary, regardless whether the person receives compensation or not, and such terms shall include the use of independent contractors and unpaid volunteers.

Member - a person who has been admitted to membership in a soliciting agency as the result of having made application for membership in such agency, and shall also mean any officer or employee of a soliciting agency. The mere issuance of a membership card to a contributor at the time a contribution is made, or in return for a contribution, shall not constitute the contributor a "member" of the soliciting agency within the meaning of this chapter.

Membership - the state of being a member in a soliciting agency. The term shall also mean the body of members of a soliciting agency.

Non-resident - a person not having a residence or principal place of business in the District, including corporations not incorporated in the District.

Professional fund raiser - any person, except a bona fide officer or employee of a charitable organization, who for compensation or other consideration plans, conducts, manages, or carries on any drive or campaign in the District for the purpose of the soliciting contributions for or on behalf of any charitable organization or other person; or who engages in the business of or who holds himself or herself out to persons in the District as independently engaged in the business of soliciting contributions for that purpose.

Professional solicitor - any person who is employed or retained for compensation by another person to solicit contributions for charitable purposes from persons in the District of Columbia.

Resident - any person having either a residence or principal place of business within the District of Columbia. The term "resident" shall not include any corporation incorporated elsewhere than in the District.

Soliciting agency - any person engaged in the solicitation of contributions. The term "soliciting agency" shall, for the purpose of § 4(c)(2) of the Act [D.C. Official Code § 44-1703(c)(2) (2001 Ed.)], also mean any public or private organization or establishment, the government of the District of Columbia, and any department, agency, office, or corporation of the United States government, meeting the requirements of § 1302 of this chapter.

Solicitor - any person who makes or causes to be made any request, directly or indirectly, for any contribution on the plea or representation that the contribution will or may be used, in whole or in part, for any charitable purpose. "Solicitor" includes "collector," as defined in this section.

Solicitor information card - the card or copy of the card required by § 6(a) of the Act [D.C. Official Code § 44-1705(a) (2001 Ed.)].

16-14 CONSUMER AUTOMOTIVE COMPLAINT ARBITRATION

16 DCMR § 1400 PURPOSE AND SCOPE

1400.1 The purpose of this chapter is to establish administrative rules and procedures for the implementation of the Automobile Consumer Protection Act of 1984 (Act).

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 10 of the Automobile Consumer Protection Act of 1984, D.C. Law 5-162, D.C. Code § 50-508 (2001).
SOURCE: Final Rulemaking published at 33 DCR 2958 (May 16, 1986).
EDITOR'S NOTE: Section 811 of D.C. Law 11-52 amended the Automobile Consumer Protection Act of 1984 by suspending enforcement of the act by the Department of Consumer and Regulatory Affairs until October 1, 1998 (D.C. Official Code §50-501 et seq. (2001)).

16 DCMR § 1401 BOARD OF CONSUMER CLAIMS ARBITRATION

1401.1 The chairperson shall have the authority to sign any official document issued on behalf of the Board.

1401.2 The Board shall meet as often as required to fulfill its responsibilities as set forth in the Act.

1401.3 Four (4) members of the Board shall constitute a quorum for the purpose of transacting business.

1401.4 The Board may designate one (1) or more committees. Each committee shall consist of one (1) or more of the Board members.

1401.5 All meetings of the Board at which an official action is taken shall be open to the public.

1401.6 Any public record of a Board meeting shall be open for inspection during the regular business hours of the Department of Consumer and Regulatory Affairs (DCRA).

1401.7 Copies from the public record shall be available to the public and to parties upon payment of the charges fixed for copies.

1401.8 A designee of the Board shall exercise his or her delegated authority pursuant to the Act.

History

SOURCE: Final Rulemaking published at 33 DCR 2958 (May 16, 1986).

16 DCMR § 1402 FILING OF ARBITRATION CLAIMS

1402.1 Each claim for arbitration shall be filed at the Department of Consumer and Regulatory Affairs on Board approved complaint forms Monday through Friday, except legal holidays, from 8:30 a.m. until 4:30 p.m.

1402.2 A consumer may elect oral or documentary arbitration proceedings.

1402.3 The information on the complaint form shall include the following:

(a) The name, address, and telephone number of complainant;

(b) The name, address, and telephone number of complainant's legal counsel, if applicable;

(c) The motor vehicle information, including the date of purchase and date of delivery of the vehicle, the make, model and manufacturer of the vehicle, the vehicle identification number, the present mileage, and the condition of the vehicle when purchased (new or used);

(d) Any financial information related to the purchase, cash price, amount financed, name of lien holder, cost of financing;

(e) The name and address of the selling dealership;

(f) The name and address of the servicing dealership or facility;

(g) The information regarding the defect including the following:

(1) The nature of the defect;

(2) The date and mileage when the defect first occurred;

(3) The date the defect was first reported to the dealer or manufacturer;

(4) The mileage when the defect was so reported;

(5) The dates on which the motor vehicle was at the dealership for repair since the purchase date; and

(6) The circumstances concerning any refusal of service by the dealer, if applicable;

(h) The date and the nature of any oral or written communication with the manufacturer, selling or servicing dealership, or facility regarding the defect;

(i) A statement of the remedy the complainant is seeking;

(j) A copy of any warranties, including extended warranties, sales contracts, and other relevant documents;

(k) A copy of any correspondence between the complainant and the manufacturer or its representative, if available;

(l) A copy of each service order;

(m) The date the consumer good was purchased or service was received;

(n) A brief statement of the cause for dispute;

(o) The signature of the complainant; and

(p) The date the complaint form is signed.

1402.4 The completeness of a complaint shall be determined by DCRA representatives before being filed with the Board for arbitration purposes.

1402.5 Each complete complaint shall be stamped with the date received, assigned docket number, and filed until the next meeting of the Board.

1402.6 A consumer whose claim filed with the Department falls within but not limited to the following categories may have the claim submitted to the Board for arbitration; Provided, that the provider agrees in writing to participate in the arbitration process:

(a) Furniture Repair;

(b) Appliance Repair;

(d) Home Furnishings Service;

(e) Travel Services;

(f) Billing for Professional Services;

(g) Moving and Storage of Household Goods;

(h) Auto Repair; and

(i) Home Improvement.

1402.7 A non-refundable filing fee of twenty-five dollars ($25.00) shall accompany each (complete) complaint.

1402.8 For any consumer filing a claim against a provider of any consumer good or service, a representative of DCRA shall attempt to obtain an agreement to arbitrate signed by either the provider or the provider's agent.

1402.9 The Board shall, within five (5) business days after a complete complaint is filed, determine whether the claim qualifies for arbitration or whether it is frivolous, fraudulent or beyond the legal authority of the Board.

1402.10 Each party to a claim shall receive written notification by certified mail of the Board's decision to accept a claim for arbitration. A notice of rejection shall be sent by first class mail to each party and shall state the reason for rejection.

1402.11 The respondent may file a written answer to the claim no later than five (5) days after receiving written notice of acceptance of the claim.

History

SOURCE: Final Rulemaking published at 33 DCR 2958, 2959 (May 16, 1986).

16 DCMR § 1403 FILING DOCUMENTS

1403.1 Each document, in addition to the complaint form, shall be signed and filed at the DCRA.

1403.2 Each document shall be filed Monday through Friday, except legal holidays, from 8:30 a.m. until 4:30 p.m.

1403.3 Each document, other than a form, shall be typed and double-spaced on opaque, eight and one-half by eleven inch (8 1/2 in. x 11 in.) paper.

1403.4 Each document shall show the name of each party and the docket number.

History

SOURCE: Final Rulemaking published at 33 DCR 2958, 2961 (May 16, 1986).

16 DCMR § 1404 SELECTION OF ARBITRATION PANEL

1404.1 The Board, after accepting a claim for arbitration, shall determine the composition of the arbitration panel.

1404.2 The Board, in the notice of acceptance, shall give each party the names of the arbitrators of the proposed panel and information on the background of each of the arbitrators.

1404.3 Each party to the claim shall have five (5) days to accept or to reject the proposed single member or three (3) member panel.

1404.4 Each party may reject a proposed panel or single member twice; the third rejection shall be accepted only for good cause explained in writing.

1404.5 A notice of rejection of a proposed panel shall be in writing and delivered to the DCRA or the Board's designee, either in person or by certified mail.

1404.6 The Board shall convene the proposed panel within seven (7) days from the date the name(s) of the arbitrators listed in the proposed panel is mailed to the parties, unless as provided in §1404.3 a notice of rejection of the proposed panel has been received by the Board.

1404.7 The third rejection shall be the final opportunity for the parties to reject a proposed panel. The Board shall convene a panel thereafter.

History

SOURCE: Final Rulemaking published at 33 DCR 2958, 2961 (May 16, 1986).

16 DCMR § 1405 CONDUCT OF ORAL ARBITRATION HEARINGS

1405.1 Each arbitration hearing shall take place at the office of the DCRA or at any other place designated in a notice published in the D.C. Register.

1405.2 Each arbitration hearing shall be open to the public.

1405.3 The panel shall notify each party of the date, time, and location of the arbitration hearing by certified mail at least five (5) days before the hearing.

1405.4 The panel shall receive the case file at least five (5) days before the hearing.

1405.5 Upon approval of a written request for a continuance, another date shall be set within five (5) days of the originally scheduled hearing.

1405.6 The panel shall rule on any request for a continuance of a hearing; any continuance shall be within five (5) days of the originally scheduled hearing.

1405.7 An arbitration hearing may proceed in the absence of a party who, after due notice, fails to appear.

1405.8 Each arbitration hearing shall comply with the hearing procedures set forth in the District of Columbia Administrative Procedure Act (DCAPA).

1405.9 Each party shall have the right to do the following:

(a) To present oral and written evidence;

(b) To present witnesses;

(d) To enter objections; and

(e) To assert any other right essential to a fair hearing.

1405.10 Any party presenting written evidence at a hearing shall provide a copy of the evidence for each member of the panel and for the opposing party.

1405.11 The panel shall receive any evidence which, in the discretion of the panel, is not irrelevant, immaterial, unduly repetitious, or otherwise unreliable or improper.

1405.12 The panel may take official notice of any matter of common knowledge.

1405.13 The panel shall require each witness to testify under oath that his or her statements are true to the best of his or her knowledge.

1405.14 The panel may receive the affidavit of a witness not present at the hearing.

1405.15 Each party shall within five (5) days of the close of the hearing file any additional evidence which the panel requests and considers necessary for a fair resolution of the dispute.

1405.16 The panel may schedule a vehicle inspection if considered necessary.

1405.17 Each party shall have the right to have an attorney present the party's case before the panel; a third person may act as an interpreter if a language barrier or physical impairment exists.

1405.18 Any party who elects to have an attorney appear shall file a notice stating the attorney's name, D.C. bar number, address, and phone number at least two (2) days before the scheduled hearing; DCRA shall immediately forward this information to the opposing party.

1405.19 The Board may allow a third party who is not an attorney to assist a party in the presentation of a case, or to present a case on behalf of a party under the following conditions:

(a) If the name, address and phone number of the third party is furnished to the Board and the other party two (2) days before the hearing; and

(b) If the Board determines that the assistance or presentation by the third party meets the following requirements:

(1) It does not violate any rule or order of the District of Columbia Court of Appeals;

(2) It furthers the interest of justice and the presentation before the Board; and

(3) It does not unfairly prejudice the other party.

1405.20 An arbitrator's decision shall be submitted to the Board forty-five (45) days after notice has been sent to the parties, that the claim for arbitration has been accepted.

1405.21 The panel shall declare a hearing closed after the presentation of evidence is completed by each party. If the panel has requested any party to file additional evidence, the hearing shall be considered closed at the end of the fifth (5th) day thereafter.

1405.22 Once a hearing is closed, additional evidence shall not be accepted or filed (except in the presence of extraordinary circumstances).

1405.23 There shall be no direct communications between any party and the panel other than at the oral hearing. Any other oral or written communications between any party and any member of the panel shall be channeled through DCRA for transmittal to the appropriate individual. The panel member shall report in writing, any prohibited contact to the DCRA so that it can be noted in the case record.

History

SOURCE: Final Rulemaking published at 33 DCR 2958, 2962 (May 16, 1986).

16 DCMR § 1406 CONDUCT OF DOCUMENTARY ARBITRATION HEARINGS

1406.1 If the complainant elects a documentary arbitration procedure, the Board shall gather and disseminate the documentary information and evidence in accordance with the procedures under this section.

1406.2 The Board shall notify the complainant by certified mail that he or she shall submit a sworn or affirmed Statement as to the facts of the dispute and any evidence which he or she wishes the panel to consider. The complainant shall forward the sworn or affirmed statement documentation to the Board within fifteen (15) days from the date of his or her receipt of the certified notice.

1406.3 The Board shall notify the respondent of the dispute by certified mail. Included with the notice shall be a copy of the complainant's request for arbitration.

1406.4 The respondent shall submit a sworn or affirmed statement as to the facts of the dispute and any evidence the respondent wishes the panel to consider to the Board within fifteen (15) days from the date of the respondent's receipt of the certified notice.

1406.5 Upon receipt of both the complainant's and respondent's sworn or affirmed statements and documentary evidence, the Board, shall by certified mail, forward copies of the complainant's submissions to the respondent and forward copies of the respondent's submissions to the complainant.

1406.6 Each party shall have the opportunity to respond to the opposing party's submissions. Each response shall be submitted in writing to the Board within ten (10) days from the date of the responding party's receipt of the documents.

1406.7 At the documentary hearing, the Board shall take the following actions:

(a) Review each document and statements;

(b) Consult with an appointed technical expert, as necessary;

(d) Schedule inspections, if necessary.

1406.8 Any evidence and statements received by the Board shall be considered part of the record.

History

SOURCE: Final Rulemaking published at 33 DCR 2958, 2964 (May 16, 1986).

16 DCMR § 1407 [RESERVED]

16 DCMR § 1408 [RESERVED]

16 DCMR § 1409 TECHNICAL EXPERTS

1409.1 Each party may recommend the names of candidates for inclusion within a pool from which the panel select the technical expert(s).

1409.2 The technical expert shall sign a written oath attesting to his or her impartiality before the beginning of each arbitration hearing to which he or she is assigned.

1409.3 The comments and advice of the panel's technical expert shall be offered at any stage of the hearing, either at the discretion of the panel, or at the request of any party.

1409.4 The technical experts shall bill the Board for services provided, in accordance with District Government procedure.

1409.5 The arbitration panel shall assess the costs of the technical expert to the losing party however, this assessment may be waived upon a demonstration of financial hardship.

History

SOURCE: Final Rulemaking published at 33 DCR 2958, 2965 (May 16, 1986).

16 DCMR § 1410 RECORDING OF ARBITRATION HEARING

1410.1 Each arbitration hearing shall be recorded.

1410.2 At the close of any arbitration hearing, any party may file a request for a written transcript of the hearing.

1410.3 The party requesting a written transcript shall be charged for the cost of preparing that transcript or any portion of it. If each party makes a request, the cost of preparation shall be shared equally.

1410.4 If no request is filed, the panel may order a transcript prepared.

History

SOURCE: Final Rulemaking published at 33 DCR 2958, 2966 (May 16, 1986).

16 DCMR § 1411 SUBPOENAS

1411.1 Pursuant to §4(o), D.C. Law 5-162, the Board may issue a subpoena for the attendance of a witness and for the production of books, records, documents, and other evidence.

1411.2 Any party may serve a subpoena upon any other party, witness or person holding relevant documents. The individual or entity served shall have five (5) business days from date of service of the subpoena to respond.

1411.3 Witnesses other than those employed by the District of Columbia acting in their official capacity as an employee of the District Government, summoned to appear before the Board shall be entitled to the same fees as are paid witnesses for attendance before the Superior Court of the District of Columbia but the fees need not be paid the witnesses in advance of their appearing and testifying, or producing books, records, papers, documents, or other legal evidence before the Board.

1411.4 The Board may require the party on whose behalf the subpoena is issued to pay the reasonable costs of service.

1411.5 Any individual or entity upon whom a subpoena is served may seek to have the subpoena quashed or limited. The written motion shall state the ground or grounds on which it is based and shall be filed no later than five (5) days from service of the subpoena.

1411.6 A subpoena may be quashed or limited on any of the following grounds:

(a) The subpoena is overbroad;

(b) The evidence sought through the subpoena is irrelevant to the case;

(d) The lack of jurisdiction, improper service, or other procedural defect.

1411.7 A subpoena may be served within the District of Columbia or outside of the District of Columbia if the location is within one hundred (100) miles of the location of the hearing, or where a statute permits.

1411.8 A subpoena shall be served on an individual or entity using any of the following methods:

(a) By delivering the subpoena to the individual personally;

(b) By leaving the subpoena at his or her usual place of business or at his or her usual residence with a person over the age of sixteen (16) years who is employed or residing at that place;

(d) By delivering or mailing through registered or certified mail with return receipt requested, the subpoena to an officer, managing or general agent or to any other person authorized to receive service of process for an entity.

1411.9 Any individual at least eighteen (18) years of age and not a party to the claim may serve a subpoena.

1411.10 The Board may apply to the proper court for an order requiring obedience, if a person refuses any of the following requirements:

(a) To respond to a subpoena;

(b) To take the oath or affirmation as a witness; or

History

SOURCE: Final Rulemaking published at 33 DCR 2958, 2966 (May 16, 1986).

16 DCMR § 1412 [RESERVED]

16 DCMR § 1413 [RESERVED]

16 DCMR § 1414 DECISIONS OF THE ARBITRATION PANEL

1414.1 Each decision of an arbitration panel shall be in writing and in the name of the Board.

1414.2 Each decision shall be rendered no later than sixty (60) days from the date the Board mailed the notice of acceptance. The period between the rejection and replacement of any panel shall not be counted.

1414.3 The testimony and exhibits, together with all other papers and requests filed, and matters not presented in evidence buy with which official notice has been taken shall constitute the exclusive record for the decision.

1414.4 Each decision shall contain the following information:

(a) The panel's finding of act and reason for its decision;

(b) The specific terms of the award, if applicable;

(d) A notice stating that any party may appeal to the D.C. Superior Court within twenty (20) days.

1414.5 The Board, upon verification of proper service, may issue a default decision in favor of the complainant upon failure of the respondent to appear in person at an oral arbitration or upon failure of the respondent to submit a written statement when a documentary hearing has been granted.

1414.6 The Board, upon verification of proper service, may dismiss the complainant's claim upon failure of the complainant to appear in person at an oral arbitration proceeding or upon failure of the complainant to submit a written statement when a documentary hearing has been granted.

1414.7 The Board shall send, by certified mail, a copy of its decision to each party.

History

SOURCE: Final Rulemaking published at 33 DCR 2958, 2966 (May 16, 1986).

16 DCMR § 1415 PRE-DECISION SETTLEMENTS

1415.1 A party shall notify DCRA if the dispute is settled after the filing and before the decision is rendered.

1415.2 The DCRA shall verify the terms of the settlement and the date for performance agreed upon, if applicable, and shall obtain a statement of settlement signed by the parties.

1415.3 Upon receipt of a properly executed settlement, the arbitrator(s) shall enter an order on the basis of the settlement. The order shall indicate the terms of the settlement.

1415.4 The settlement order shall be sent by certified mail to each party.

1415.5 The settlement order shall constitute an order of the Board for purposes of §4(r) of the Act.

History

SOURCE: Final Rulemaking published at 33 DCR 2958, 2968 (May 16, 1986).

16 DCMR § 1416 COMPUTATION OF TIME

1416.1 In computing the periods of time under this chapter, the day of the act or event from which the time period begins to run shall not be counted. The last day of the period shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period continues to run until the next day that is not a Saturday, Sunday, or legal holiday.

1416.2 When the period of time is less than seven (7) days, Saturdays, Sundays, and legal holidays shall not be included in the computation time.

1416.3 Legal holidays shall include those set forth in D.C. Code §28-2701 et seq., (1996 Repl. Vol.), or any other day designated as a legal holiday in the District of Columbia.

1416.4 Three (3) days shall be added to the prescribed time period whenever a party is served a notice or document by mail.

History

SOURCE: Final Rulemaking published at 33 DCR 2958, 2969 (May 16, 1986).

16 DCMR § 1417 [RESERVED]

16 DCMR § 1418 [RESERVED]

16 DCMR § 1419 [RESERVED]

16 DCMR § 1420 DISCLOSURE OF RIGHTS TO NEW VEHICLE PURCHASERS

1420.1 The manufacturer, its agent, or authorized dealer shall provide written notification as prescribed in §1420.2 to the prospective consumer of any motor vehicle to be sold or registered in the District of Columbia.

1420.2 The language required to § 1420.1 shall read as follows:

NOTICE TO PURCHASER

IF, AFTER A REASONABLE NUMBER OF ATTEMPTS, THE MANUFACTURER, ITS AGENT, OR AUTHORIZED DEALER IS UNABLE TO REPAIR OR CORRECT ANY NON-CONFORMITY, DEFECT, OR CONDITION WHICH RESULTS IN SIGNIFICANT IMPAIRMENT OF THE MOTOR VEHICLE, THE MANUFACTURER, AT THE OPTION OF THE CONSUMER, SHALL REPLACE THE MOTOR VEHICLE WITH A COMPARABLE MOTOR VEHICLE, OR ACCEPT RETURN OF THE MOTOR VEHICLE FROM THE CONSUMER AND REFUND TO THE CONSUMER THE FULL PURCHASE PRICE, INCLUDING ALL SALES TAX, LICENSE FEES, REGISTRATION FEES, AND ANY SIMILAR GOVERNMENT CHARGES. IF YOU HAVE ANY QUESTIONS CONCERNING YOUR RIGHTS, YOU MAY CONTACT THE DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS.

1420.3 Each notice shall be in type no smaller than eighteen (18) point and in all upper case letters.

1420.4 The purchaser shall sign the notice and be provided a signed copy by the manufacturer, its agent, or authorized dealer; the selling dealer shall retain a signed copy for three (3) years.

History

SOURCE: Final Rulemaking published at 33 DCR 2958, 2969 (May 16, 1986).

16 DCMR § 1421 DISCLOSURE OF DAMAGE OR DEFECT OF USED MOTOR VEHICLES

1421.1 A motor vehicle dealer shall provide each prospective consumer of a used motor vehicle offered for sale written notice of any material mechanical defect in the motor vehicle and any damage sustained by the motor vehicle because of fire, water, collision, or other causes for which the cost of repairs exceeded one thousand dollars ($1,000), when the defect or damage was known to the dealer.

1421.2 The notice required by §1421.1 shall be included on the car order and bill of sale and shall state the specific defect or damage known to the dealer in a type size equal to the largest type size that appears on the car order and bill of sale.

1421.3 Each motor vehicle dealer shall display on the windshield of each used motor vehicle offered for sale, a sign with all upper case letters no less than three inches high (3" H.), with the appropriate blank checked, that says:

This motor vehicle has or has not

been inspected to determine if defects exist.

History

SOURCE: Final Rulemaking published at 33 DCR 2958, 2970 (May 16, 1986).

16 DCMR § 1499 DEFINITIONS

1499.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Complete complaint - a signed complaint, together with all the other necessary documents and agreements as defined in §§1402.2 and 1402.8.

Panel - one or more arbitrators selected to hear consumer claims pursuant to D.C. Law 5-162.

Respondent - any manufacturer, its dealer, or agent, or provider of any good or service that is subject to a claim filed under the Act.

History

SOURCE: Final Rulemaking published at 33 DCR 2958, 2971 (May 16, 1986).

16-15 CONSUMER PROTECTION PROCEDURES ACT PROCEDURAL RULES

16 DCMR § 1500 COMPLAINTS

1500.1 All complaints shall be filed with the Department of Consumer and Regulatory Affairs (DCRA), Office of Compliance, Complaint Division. The complaint shall be in writing or reduced to writing by the Director.

1500.2 The complaints filed with DCRA shall be reviewed by the Complaint Division as to jurisdiction, content, category, and for appropriate departmental or non-departmental referral.

1500.3 The Complaint Division shall review all consumer complaints filed and within sixty (60) days shall notify all parties as to the allegations and as to any action by the Division.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is §4(10) of the D.C. Consumer Protection Procedures Act, D.C. Law 1-76, D.C. Code §28-3901 et seq. (1981).
SOURCE: Final Rulemaking published at 33 DCR 6176 (October 10, 1986).
EDITOR'S NOTE: Section 812 of D.C. Law 11-52 amended the Automobile Consumer Protection Act of 1984 by suspending enforcement of this chapter by the Department of Consumer and Regulatory Affairs until October 1, 1998 (D. C. Code §28-3902).

16 DCMR § 1501 COMPLAINT DIVISION MEDIATION

1501.1 If an illegal trade practice has been alleged, the Complaint Division shall attempt to contact the respondent in an effort to settle the dispute through mediation.

1501.2 If mediation fails, the Complaint Division shall transmit the case file with all data to the Division of Investigation, Office of Compliance, DCRA. If an investigation is not required, the Complaint Division may refer the matter to the Division of Enforcement, Office of Compliance, DCRA for appropriate action.

History

SOURCE: Final Rulemaking published at 33 DCR 6176 (October 10, 1986).

16 DCMR § 1502 DIVISION OF INVESTIGATION REFERRALS

1502.1 The Division of Investigation shall review and investigate cases referred by the Complaint Division to further substantiate trade practice violations and other statutory violations.

1502.2 Upon completion of its investigation, the Division of Investigation shall submit its written findings and all other pertinent documents of the case file to the Division of Enforcement.

History

SOURCE: Final Rulemaking published at 33 DCR 6176 (October 10, 1986).

16 DCMR § 1503 DIVISION OF ENFORCEMENT REFERRALS

1503.1 The Division of Enforcement shall review referrals from the Division of Investigation for legal and factual sufficiency.

1503.2 If the Division of Enforcement determines that factual information contained in a case file supports a violation of the Consumer Protection Procedures Act or other statutes, the Division of Enforcement shall retain the case for appropriate action within the Office of Compliance. If additional data is needed, then the case shall be referred back to the Division of Investigation for the additional information.

1503.3 The Division of Enforcement shall dismiss cases outside the Act's jurisdiction.

1503.4 The Division of Enforcement, after review of the case before it, may attempt further settlement negotiations if feasible, or file a petition to bring the matter before the Administrative Law Judge.

1503.5 A petition filed with the Administrative Law Judge shall be filed within one hundred eighty (180) days after the complaint is filed with the Department, absent good cause, for such delay as determined by the Administrative Law Judge.

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6177 (October 10, 1986).

16 DCMR § 1504 JOINDER

1504.1 The Director may join several cases against a single respondent or group of respondents in one petition if the Director determines that the various cases to be joined involve the following:

(a) The same or similar unlawful trade practices;

(b) Tend to show a pattern of unlawful conduct; or

1504.2 The Administrative Law Judge may disallow joinder if the following determination is made:

(a) That the joinder is improperly prejudicial to either party;

(b) That the joinder is administratively burdensome; or

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6177 (October 10, 1986).

16 DCMR § 1505 COMPUTATION OF TIME

1505.1 In computing the periods of time under this chapter, the day of the act or event shall not be counted and the last day of the period shall be counted, unless it is a Saturday, Sunday, or legal holiday, in which event the time period continues until the next day which is not a Saturday, Sunday, or legal holiday.

1505.2 When the period of time for computation is less than seven (7) days, Saturdays, Sundays, and legal holidays shall not be included in the computation of time.

1505.3 Legal holidays shall include New Year's Day, Martin Luther King Day, Washington's Birthday, Veteran's Day, Thanksgiving Day, Christmas Day and any other day appointed as a holiday by the President or the Congress of the United States or by the Mayor of the District of Columbia (on the actual day the legal holiday is celebrated by the government of the District of Columbia).

1505.4 Whenever a party has the right or is required to do some act within a prescribed period after the service of a notice of paper upon that party by mail, three (3) days shall be added to the prescribed time period.

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6177 (October 10, 1986).

16 DCMR § 1506 SERVICE

1506.1 Each paper required to be filed with the Office of Adjudication shall be served on all parties by the party filing the papers.

1506.2 If a party has retained an attorney as provided in §§1520.1 and 1520.2, all papers except the petition (§1509) and subpoena (§1507) shall be served on that attorney in place of the party.

1506.3 The Director shall serve petitions or subpoenas in the manner set forth in the Superior Court for the District of Columbia Rules of Civil Procedure for personal service (Rule 4(d)).

1506.4 Service of papers other than the petition or subpoenas may be made in accordance with § 1506.3 or by delivering a copy to the party or by mailing it to the party at his or her last known address.

1506.5 Service of papers other than subpoenas or petitions shall be considered complete when mailed postage prepaid U.S. first-class mail.

1506.6 Proof of service of each document filed with the Office of Adjudication, stating the name and address of the person served and the manner and date of service, shall be filed with the Office of Adjudication, and may be made by any of the following methods:

(a) Written acknowledgement of the party served;

(b) The certificate of the attorney of record if the attorney has made service;

(d) Any method prescribed by the Superior Court's Rules of Civil Procedure for return of service (Rule 4(g)).

1506.7 Appearance at the hearing by a party served with a petition shall establish proper service of the petition, unless the appearance is solely for the purpose of arguing the issue of the validity of service.

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6178 (October 10, 1986).

16 DCMR § 1507 SUBPOENAS

1507.1 With or after the filing of a petition with the Office of Adjudication, any party may serve a subpoena issued by the Office of Adjudication upon any other party, a witness, or a person holding relevant documents. The party served shall have five (5) days (from receipt of the subpoena) to respond.

1507.2 Approval of a deposition by the Office of Adjudication, pursuant to §1515 of this chapter, shall constitute sufficient authorization for the service of a subpoena for attendance at a deposition. The subpoena shall be in the name of the Office of Adjudication, upon forms made available by the Office of Adjudication.

1507.3 The appearance or presentation pursuant to that subpoena may be at a hearing before the Office of Adjudication, or prior thereto at any reasonable place in the District of Columbia with at least six (6) days notice to all parties and the Office of Adjudication.

1507.4 Upon motion, the Office of Adjudication may require the party on whose behalf the subpoena is issued to pay the reasonable cost of document production, witness fees, or both.

1507.5 Any person upon whom a subpoena has been served may seek by written motion to have the subpoena quashed or limited. That motion shall state the ground on

which it is based and shall be filed within five (5) days of service of the subpoena.

1507.6 A subpoena may be quashed or limited on any of the following grounds:

(a) The subpoena is overbroad;

(b) The evidence sought through the subpoena is irrelevant to the case;

(d) Lack of jurisdiction, improper service, or other procedural defect.

1507.7 At the request of any party, subpoenas for attendance at a hearing shall be issued by the Office of Adjudication,

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6178 (October 10, 1986),

16 DCMR § 1508 FILING PAPERS

1508.1 Each paper shall be signed and filed by each party with the Office of Adjudication, DCRA, 614 H Street, N.W., Washington, D.C. 20001, or at any other place designated by a notice published in the D.C. Register.

1508.2 Papers may be filed Monday through Friday, except on legal holidays, from 8:30 a.m. until 4:30 p.m.

1508.3 Papers shall be typed and double-spaced (or space and a half) on opaque white paper, either 81/2 in. x 14 in., 81/2 in. x 13 in., or 81/2 in. x 11 in.

1508.4 Each paper shall contain the caption or name of the case and the docket number.

1508.5 Where a party exercise the right to retain counsel, the attorney employed shall include his or her name, address, and phone number in the first document filed by that party after retaining counsel. If no additional documents are to be filed, then the attorney shall file with the Office of Adjudication a notice of appearance, including the attorney's name, address, and phone number as soon as possible.

History

SOURCE: Final Rulemaking published at 33 DCR 6i 76, 6178 (October 10, 1986).

16 DCMR § 1509 PETITIONS AND SUMMONSES

1509.1 If the Director is unable, after a good faith effort to settle a case or cases, the Director shall initiate a proceeding before the Office of Adjudication by filing a petition. The petition and a summons, issued by the Office of Adjudication, shall be served upon each respondent in accordance with §1506 of this chapter.

1509.2 A summons shall contain at least the following information and instructions:

(a) The name, address, and phone number of the Office of Adjudication, and the caption or name of the case and the docket number;

(b) An instruction requiring the respondent to answer the petition, including the address where the respondent should file his or her answer;

(d) Notice of the possibility of a default judgment in the event that the respondent fails to answer the petition or appear at the hearing;

(e) The statutory authority for the summons;

(f) The time, and place of the hearing; and

(g) The signature of the clerk of the Office of Adjudication and the official seal of the Office of Adjudication.

1509.3 The Office of Adjudication shall notify all parties of a change in a scheduled hearing date by telephone or in writing.

1509.4 The Office of Adjudication shall prepare a summons for each respondent named in the petition and shall return the original summonses to the petitioner for service of process.

1509.5 The petition shall contain the following information:

(a) A short, concise statement of the legal and factual basis for jurisdiction of the Office of Adjudication over the subject matter of the case and over the parties;

(b) The names and addresses of all parties to the action;

(d) A prayer for relief.

1509.6 The Director shall attach to the petition a list of all parties on whom answers, motions, and other papers are to be served, and a copy of the original complaint form(s) filed with DCRA.

1509.7 The petition may contain multiple grounds or counts. These counts may be in the alternative and may be inconsistent with each other.

1509.8 Fraud and mistake shall be pleaded with specific supporting facts.

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6180 (October 10, 1986).

16 DCMR § 1510 ANSWERS AND MOTIONS

1510.1 Within fifteen (15) days of service of the petition, respondent shall answer the petition. An answer shall admit or deny each allegation in the petition, and set forth any defense. If the respondent fails to answer the petition within the allocated time, the Office of Adjudication may hold that respondent to have admitted all allegations raised in the petition and may enter an order in favor of the Petitioner.

1510.2 If the Office of Adjudication holds that all allegations raised in the petition are admitted in accordance with §1510.1, the respondent may request by motion that the case be reopened to allow the respondent to answer the petition. The motion may only be considered when filed within fifteen (15) days of the date on which the Office of Adjudication holds such allegations as admitted. The Office of Adjudication may grant these motions only under extraordinary circumstances.

1510.3 Parties, witnesses and other persons may file appropriate motions, including motions to intervene or to join another person to the action.

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6181 (October 10, 1986).

16 DCMR § 1511 DISCOVERY

1511.1 Parties may obtain discovery by the following methods:

(a) Written interrogatories;

(b) Requests for production of documents or other items, or permission to enter land or other property for inspection and other lawful purposes;

(d) Depositions.

1511.2 Discovery may be obtained without permission of the Office of Adjudication except as otherwise provided in §§1511 through 1516.

1511.3 All discovery shall be completed at least five (5) days prior to the hearing.

1511.4 The Office of Adjudication may set a schedule or otherwise regulate discovery either at the request of the parties or on its own motion. The Office of Adjudication, in regulating discovery, shall not allow excessive, unnecessary, harassing, and unduly expensive discovery and attempts to delay or impede the hearing.

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6180 (October 10, 1986).

16 DCMR § 1512 INTERROGATORIES

1512.1 Any party may serve upon any other party written interrogatories or questions to be answered by the party served or, if the party served is a public or private corporation, a partnership, association, or governmental agency, by an officer or agent, who shall furnish such information as is available to the party.

1512.2 A party may serve more than thirty (30) interrogatories (each subpart counting as a separate interrogatory) on a given party in a case only with the permission of the Office of Adjudication.

1512.3 The responding party shall, in writing, answer the interrogatories in the following manner:

(a) Copy in order each interrogatory; and

(b) Immediately following each interrogatory, give the answer thereto fully or, if objected to, the grounds for the objection.

1512.4 The answer shall be signed by the answering party, and the objections shall be signed by the objecting party or counsel for the party.

1512.5 The party upon whom the interrogatories have been served shall have twenty (20) days in which to answer. Any party who fails to object to an interrogatory within twenty (20) days from the date of service, waives his or her right to object to the interrogatory except in extraordinary circumstances as determined by the Office of Adjudication.

1512.6 The party serving the interrogatories may file a written response to any objections to the interrogatories no more than five (5) days after service of the objection to interrogatories.

1512.7 If the party served with the interrogatories fails to answer within the twenty (20) day period, the serving party may file a motion with the Office of Adjudication to compel the served party to answer.

1512.8 If the Office of Adjudication compels the party to whom the interrogatories are directed to answer the interrogatories, that party shall have ten (10) days from receipt of the Office of Adjudication order in which to do so.

1512.9 All interrogatories shall be served at least twenty-five (25) days prior to the date scheduled for the hearing.

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6181 (October 10, 1986).

16 DCMR § 1513 REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES

1513.1 Any party may serve on any other party a request to produce and permit the party making the request, or someone acting on his or her behalf, the following:

(a) To inspect and copy any designated documents;

(b) To inspect and copy, test or sample any tangible things which constitute or contain matters relevant to the action and which are in the possession, custody or control of the party upon whom the request is served; or

(c) To enter upon the party the land or other property in the possession or control of the party upon whom the request is served for the purpose of inspecting, and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon within the scope of the action.

1513.2 The request shall describe the items to be inspected, either by individual items or by category.

1513.3 The request shall specify a reasonable time, place and manner of making the inspection and performing the related acts. For purposes of this section, "Reasonable time" shall not be less than twenty-one (21) days from the service of the request.

1513.4 The party upon whom the request is served shall serve a written response within twenty (20) days after service of the request.

1513.5 The response shall state, with respect to each item or category, that the inspection and related activity shall be permitted as requested, unless the request is objected to, in which case the reason for the objection shall be stated.

1513.6 The party requesting to copy any discoverable matter shall bear the cost for reproduction and related costs.

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6183 (October 10, 1986).

16 DCMR § 1514 REQUESTS FOR ADMISSION

1514.1 A party may serve upon any other party a written request for an admission, for the purposes of the pending action only, of the truth of any matters set forth in the request that relate to statements of fact or opinions, or of the application of law to fact, including the genuineness of any documents described in the request.

1514.2 Copies of documents which are being requested to be admitted shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying.

1514.3 Each matter for which an admission is requested shall be separately set forth.

1514.4 The matter shall be admitted unless, within twenty (20) days after service of the request, the party to whom the request is directed files a written answer or objection addressed to the matter. The answers or objections shall be signed by the party or his or her attorney.

1514.5 Detailed reasons shall be stated for any objection made.

1514.6 The answer shall specifically admit or deny the matter, or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter.

1514.7 An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he or she states that he or she has made reasonable inquiry and that the information known or readily made obtainable by him or her is insufficient to enable him or her to admit or deny the matter. The statement shall be supported by an affidavit setting out the efforts that were made to locate the needed information.

1514.8 A party who considers that a matter for which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request. The party may deny the matter or set forth reasons why the matter cannot be admitted or denied.

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6183 (October 10, 1986).

16 DCMR § 1515 DEPOSITIONS

1515.1 A party may take a deposition only with permission from the Office of Adjudication.

1515.2 The Office of Adjudication shall grant permission to take a deposition only where the information sought is not otherwise available or the Office of Adjudication determines that justice will be served only if the party is allowed to take the deposition.

1515.3 When the Office of Adjudication grants permission to depose, it shall prescribe the procedures governing each deposition. These procedures shall set forth at least the following:

(a) Procedures for giving notices of the deposition;

(b) Procedures for examination and cross-examination of witnesses; and

1515.4 Depositions shall be taken before a person authorized to administer oaths.

1515.5 Depositions may be recorded by non-stenographic means, subject to any rules prescribed by the Office of Adjudication under §1521, to assure the accuracy of the record.

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6184 (October 10, 1986).

16 DCMR § 1516 SANCTIONS FOR FAILURE TO MAKE DISCOVERY

1516.1 If a party from whom discovery is sought fails to comply with the request, the Office of Adjudication, upon motion from the party seeking discovery, may issue an order compelling discovery.

1516.2 The Office of Adjudication may grant or deny a motion to compel discovery, and in its discretion, award reasonable compensation to either party incurring expenses related to the motion or the discovery process.

1516.3 If a party fails to honor an order to compel discovery, the Office of Adjudication may enter an order employing any of the following sanctions:

(a) Holding that the matters in regard to which the order to compel discovery was made, or any other designated facts are established, for the purposes of the action, in accordance with the claim of the party obtaining the order;

(b) Refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him or her from introducing designated matters into evidence;

(c) Holding that, with respect to matters in regard to which the order to compel discovery was made or any other designated fact, inferences will be drawn adverse to the person or party refusing to obey the order to compel discovery;

(d) Striking out pleadings or parts thereof;

(e) Staying further proceedings until the order is obeyed;

(f) Dismissing the action or any part thereof; or

(g) Rendering a judgment against the disobedient party.

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6185 (October 10, 1986).

16 DCMR § 1517 PRE-HEARING SETTLEMENT CONFERENCES AND CONSENT DECREES

1517.1 The Office of Adjudication may, without delaying its hearing or decision, attempt to settle a case, and may permit any stipulation or consent decree the parties agree upon.

1517.2 Approval by the Office of Adjudication shall be required for any consent decree among the parties entered into at any time after the filing of a petition in accordance with §1503.4.

1517.3 A consent decree may order redress through contract damages, restitution of money, time, property or other value received from the consumer by the respondent, or through rescission, reformation, repair, replacement or other just method.

1517.4 A consent decree may require the respondent to pay the Department its costs for investigation, negotiation, and hearing.

1517.5 If a settlement is reached five (5) or more days prior to the hearing date, the Office of Adjudication, at its option, may waive all costs involved in investigation and negotiation.

1517.6 The Office of Adjudication, in its discretion, upon its own motion or at the request of one (1) or more parties, may hold a prehearing conference to consider the following:

(a) The simplification of issues;

(b) The necessity or desirability of amendments to the pleadings;

(c) The possibility of obtaining admissions of fact and of the genuineness of documents which will avoid unnecessary proof; or

(d) Any other matters as may aid in the disposition of the action.

1517.7 The pre-hearing conferences may be called with notice of five (5) days or more to the parties.

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6185 (October 10, 1986).

16 DCMR § 1518 CONDUCT OF HEARINGS

1518.1 Hearings shall be conducted as adjudicatory proceedings.

1518.2 Parties have the right to present their cases or defenses in person or by counsel, by oral and documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for full and true disclosure of facts.

1518.3 Procedurally, a complainant's case shall be presented first, and the respondent's case shall follow.

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6186 (October 10, 1986).

16 DCMR § 1519 EVIDENCE

1519.1 The Office of Adjudication shall follow the evidentiary rules of § 10 of the District of Columbia Administrative Procedures Act, 82 Stat. 1208, as amended, D.C. Code § 1-1509 (1981).

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6186 (October 10, 1986).

16 DCMR § 1520 RIGHT TO COUNSEL

1520.1 Each party has the right to retain his or her own counsel. The role at the hearing of counsel retained by the complainant shall be determined by the Office of Adjudication.

1520.2 The Director shall designate a representative to serve as counsel for the Department in each matter brought before the Office of Adjudication.

1520.3 The Director shall designate a second or third-year law student (under the supervision of an Attorney Advisor within the Office of Compliance of the Department) to serve as counsel for the Complainant.

1520.4 The Director may designate non-agency counsel to bring action and serve as counsel for the complainant.

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6187 (October 10, 1986).

16 DCMR § 1521 RECORD OF PROCEEDINGS

1521.1 Hearings shall be recorded by electronic or stenographic means, but transcriptions shall be made only if specifically requested by one (1) of the parties or other persons, or the Office of Adjudication.

1521.2 The testimony and exhibits, together with all papers filed in the proceeding, and materials or acts not appearing in evidence but with respect to which judicial notice is taken, shall constitute the exclusive record for the Decision and Order.

1521.3 The cost of preparation of a transcript of the record or a portion thereof shall be borne equally by all parties (and other persons) requesting the copy or copies.

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6187 (October 10, 1986).

16 DCMR § 1522 DECISION AND ORDER OF THE OFFICE OF ADJUDICATION

1522.1 The Decision and Order of the Office of Adjudication shall be in writing, shall be issued no later than ninety (90) days from the date the hearing is completed of the hearing record is closed, whichever is later, and shall include, or be accompanied by, written findings of fact and conclusions of law.

1522.2 The Decision and Order shall be served on all parties, pursuant to §1506.1 of this chapter.

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6187 (October 10, 1986).

16 DCMR § 1523 PETITIONER'S COSTS FOR INVESTIGATING, NEGOTIATING, ANDHEARING

1523.1 If, as part of the Decision and Order, a respondent is required to pay the Department's costs for investigation, negotiation, and hearing, that cost shall be established as follows:

(a) Petitioner shall file with the Office of Adjudication within fourteen (14) days after issuance of the Order of a document setting forth its costs;

(b) Petitioner shall serve the documented proof of Petitioner's costs to the respondent by the United States first class postage prepaid mail or hand delivered;

(d) The Office of Adjudication shall decide which costs shall be paid by the respondent.

1523.2 Absent a finding by the Office of Adjudication of good cause for delay, Petitioner's failure to file proof of costs within the specified period shall be deemed a waiver of such costs.

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6187 (October 10, 1986).

16 DCMR § 1524 EMERGENCY PROCEEDINGS

1524.1 The Director may file with the Office of Adjudication a "motion for emergency relief against a respondent for the purpose of seeking a provisional remedy.

1524.2 The Administrative Law Judge may grant an Emergency Order without written or oral notice to the respondent or his or her attorney only if the following occurs:

(a) It appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the complainant before the respondent or his or her attorney can be heard in opposition; and

(b) The Director certifies to the Office of Adjudication in writing the efforts, if any, which have been made to give the notice and the reasons supporting the claim that notice should not be required.

1524.3 Every Emergency Order granted without notice shall meet the following requirements:

(a) Be endorsed with the date and hour of issuance;

(b) Be filed forthwith in the Office of Adjudication and entered of record;

(d) Expire by its terms within such time after entry not to exceed ten (10) days, as the Office of Adjudication specifies, unless within such time so specified in the order, for good cause shown, is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period.

1524.4 In case an Emergency Relief Order is granted without notice, the motion for an Emergency Relief Order shall be set for hearing at the earliest possible time and take precedence of all matters except older matters of the same character; and when the motion comes on for hearing the party who obtained the Emergency Relief Order shall proceed with the application for permanent relief, and if he or she does not do so, the Office of Adjudication shall dissolve the Emergency Order.

1524.5 On two (2) days notice to the party who obtained the Emergency Relief Order without notice or such shorter notice to that party as the Office of Adjudication may prescribe, the respondent may appear and move its dissolution or modification and in that event the Office of Adjudication shall proceed to hear and determine such motion as expeditiously as the ends of justice require.

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6188 (October 10, 1986),

16 DCMR § 1525 ENLARGEMENT OF TIME

1525.1 Unless otherwise provided in this chapter or by statute, the Office of Adjudication may, for good cause, extend any time limit set forth in this chapter.

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6189 (October 10, 1986).

16 DCMR § 1526 SEAL AND PROCESS

1526.1 The seal of the Office of Adjudication shall be in the custody of the clerk and shall be used to authenticate all process, orders and proceedings in the Office of Adjudication official transcripts thereof, and all other papers or documents requiring authentication.

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6189 (October 10, 1986).

16 DCMR § 1527 BINDING EFFECT OF ORDER

1527.1 A Decision and Order of the Office of Adjudication shall be binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.

History

SOURCE: Final Rulemaking published al 33 DCR 6176, 6189 (October 10, 1986).

16 DCMR § 1528 DELEGABLE AND NON-DELEGABLE POWERS OF THE OFFICE OF ADJUDICATION

1528.1 Except as noted in §1528.2, all functions of the Office of Adjudication are to be performed personally by the Administrative Law Judge (ALJ). The following powers shall be nondelegable:

(a) Presiding over hearings;

(b) Admitting evidence;

(d) Rendering final decisions in a case.

1528.2 The staff of the Office of Adjudication may perform the following functions:

(a) Receive papers for filing;

(b) Issue summonses;

(d) Perform internal administrative functions of the Office of Adjudication;

(e) Contact the parties when necessary concerning changes in schedules; and

(f) Exercise any other powers or duties delegated by the ALJ.

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6189 (October 10, 1986).

16 DCMR § 1599 DEFINITIONS

1599.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Act - the D.C. Consumer Protection Procedures Act, D.C. Code §28-3901 et seq., (1981).

ALJ - the Administrative Law Judge for the D.C. Department of Consumer and Regulatory Affairs.

Case - the formal proceedings initiated by the filing of a complaint and terminated either by settlement between the parties and Director or by a decision issued by the Office of Adjudication.

Complainant - a person, or his or her representative, who participated as a consumer in a trade practice about which a complaint is filed.

Complaint - a formal request for assistance filed by a complainant and directed to the Department.

Consent Decree - an agreement entered into by all parties to resolve a complaint either before, during or after a hearing.

Court of Appeals - District of Columbia Court of Appeals.

D.C. - the District of Columbia.

DCRA or Department - the D.C. Department of Consumer and Regulatory Affairs. Director - the Director of the Department of Consumer and Regulatory Affairs.

Division of Enforcement - the Division of the Office of Compliance responsible for filing petitions.

Division of Investigation - the Division of the Office of Compliance responsible for investigating consumer complaints.

Fraud - misrepresentation of a present or past fact made by a respondent, with action in reliance thereupon by the complainant from such misrepresentation. This misrepresentation need not be communicated orally but can be such as to lead a reasonable person to believe such facts exist.

Mediation - to clear up misunderstandings, determine underlying concerns, find areas of agreement and, ultimately, incorporate these agreements into solutions created by the parties themselves.

Mistake - can be either of fact or of law, and exists when a person under some erroneous conception of law or fact does or omits some act which, but for the erroneous conception, he or she would not have done or omitted. Mistake of fact or law, other than mutual mistake, is not a defense.

Office of Compliance - is the unit within the Department of Consumer and Regulatory Affairs which provides investigatory and enforcement activities based upon complaints received by the Department.

Order - Decision and Order - the judgment rendered by the ALJ after a hearing has been held.

Party - the Department as Petitioner, the Respondent, the Complainant, or any person who has been permitted by the Office of Adjudication to intervene in the proceeding before the ALJ, or has been joined in the proceeding by the Office of Adjudication.

Person - an individual, firm, corporation, partnership, cooperative, association, or any other organization, legal entity, or group of individuals however organized.

Petition - a request for a hearing before, and a demand that remedies be ordered by, the ALJ.

Petitioner - the Department when it has requested a hearing before, and a demand that remedies be ordered by, the ALJ.

Superior Court - the Superior Court for the District of Columbia.

History

SOURCE: Final Rulemaking published at 33 DCR 6176, 6190 (October 10, 1986).

16-16 DCRA SUMMARY ENFORCEMENT ACTIONS

16 DCMR § 1600 REVOCATION OF LICENSE

1600.1 The Director of the Department of Consumer and Regulatory Affairs (Director) shall revoke a licensee’s basic business license with a Public Health: Public Accommodations license endorsement, a Housing: Transient license endorsement, or a General Business endorsement, if the licensee has knowingly permitted, on the licensed premises, any act that violates a provision of D.C. Official Code §§ 22-2701, 22-2705 through 22-2707, or 22-2710 through 22-2712.

1600.2 A finding that a licensee has knowingly permitted, on the licensee’s premises, an act that violates D.C. Official Code § 22-2701, 22-2705 through 22-2707, or 22-2710 through 22-2712, may be based on, among other things:

(a) Furnishings on the premises that are better suited for prostitution than for the lawful activity or activities for which the premises are licensed;

(b) Overnight accommodations at the premises that are commonly used by customers for brief periods not exceeding two (2) hours; or

(1) An act of solicitation for prostitution; or

(2) Any other prostitution-related violation.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 8837 (November 13, 2009).

16 DCMR § 1601 SEALING OF PREMISES

1601.1 If any premises are primarily used to operate a massage establishment or health spa without a basic business license or engage in activity that violates any provision of D.C. Official Code §§ 22-2701, 22-2705 through 22-2707, or 22-2710 through 22-2712, the Director may order the sealing of the premises, or portion of the premises, for up to sixty (60) days, in accordance with the provisions of D.C. Official Code § 2-1801.06.

1601.2 An order issued by the Director pursuant to § 1601.1 shall be accompanied by findings of fact and conclusions of law.

1601.3 A finding that the premises are primarily used to engage in activity that violates D.C. Official Code §§ 22-2701, 22-2705 through 22-2707, or 22-2710 through 22-2712 may be based, among other things, on a totality of the circumstances at the premises, including, but not limited to, the presence of furnishings or sexually-oriented items that are more suited for prostitution than for lawful commercial use of the premises.

1601.4 During the period of time that the premises, or portion of the premises, are ordered sealed pursuant to § 1601.1, any unauthorized entry at the premises shall be grounds for the Director to extend the order sealing the premises for up to an additional one hundred eighty (180) days.

1601.5 For a period of one hundred eighty (180) days after the lifting of an order sealing the premises, or portions of the premises, any further use of the premises to operate a massage establishment or health spa without a license or engage in activity that violates any provision of D.C. Official Code §§ 22-2701, 22-2705 through 22-2707, or 22-2710 through 22-2712 shall be grounds for the Director to order the sealing of the premises for a new period of up to one hundred eighty (180) days.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 8837 (November 13, 2009).

16 DCMR § 1602 NOTICE AND HEARING

1602.1 Concurrent with an order issued by the Director, pursuant to this chapter, revoking a licensee’s license or sealing any premises, the Director shall post at the premises and serve on the licensed or unlicensed establishment, a written notice and order stating:

The specific action or actions being taken;

The factual and legal bases for the action or actions;

The right, within seventy-two (72) hours of service of the notice, to request a hearing with the Office of Administrative Hearings;

The right, within seventy-two (72) hours of a timely request being received by the Office of Administrative Hearings, to a hearing before an administrative law judge; and

If the premises are ordered sealed, that it shall be unlawful for any person to enter the sealed premises for any purpose without written permission of the Director.

1602.2 For purposes of this section, notice shall be deemed to have been served:

(a) On a licensed establishment, if delivered to the registered agent’s address of record, during normal business hours; or

(b) On an unlicensed establishment, if delivered to the property owner of record pursuant to the provisions of D.C. Official Code § 42-3131.03.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 8837 (November 13, 2009).

16 DCMR § 1603 CIVIL PENALTIES

1603.1 Civil fines, penalties, and fees may be imposed as additional sanctions for any infraction of this chapter pursuant to D.C. Official Code §§ 2-1801.01 et seq.

1603.2 Adjudication of any infraction of this chapter shall be pursuant to D.C. Official Code §§ 2-1801.01 et seq.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 8837 (November 13, 2009).

16-17 OCTANE FUEL MEASUREMENTS

16 DCMR § 1700 MINIMUM OCTANE LEVELS

1700.1 Octane levels where automotive fuel is offered for sale or use shall meet the following minimum standards:

(a) Automotive fuel advertised at an octane rating of 87 shall measure at an octane level of 86.5 or higher;

(b) Automotive fuel advertised at an octane rating of 89 shall measure at an octane level of 88.5 or higher;

(d) Automotive fuel advertised at an octane rating of 94 shall measure at an octane level of 93.5 or higher.

History

SOURCE: Final Rulemaking published at 63 DCR 4071 (March 18, 2016). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1700

16 DCMR § 1701 SEMI-ANNUAL INSPECTION OF OCTANE LEVELS

1701.1 DCRA shall inspect and test, at least once every six (6) months, the octane level of gasoline at every location where automotive fuel is offered for sale or use in the District of Columbia.

1701.2 DCRA shall test each octane level of gasoline at the location.

History

SOURCE: Final Rulemaking published at 63 DCR 4071 (March 18, 2016). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1701

16 DCMR § 1702 FUEL SAMPLE TEST

1702.1 The DCRA inspector performing an octane level test shall have the following equipment to obtain a fuel sample:

(a) Neoprene gloves;

(b) A facial mask;

(d) A portable octane analyzer;

(e) A portable octane analyzer sample holder jar or equivalent device;

(f) Safety cones;

(g) A metal gasoline container; and

(h) A metal funnel.

1702.2 The DCRA inspector shall take the following steps for each octane rating test:

Confirm that the DCRA Weights and Measure Certificate is conspicuously posted;

Obtain the condensation level and existing quantity of gasoline from the Veeder-Root tank gauge or equivalent measurement device prior to testing;

Place safety cones around the gasoline dispenser to block off the work area;

Write the advertised octane rating of the gasoline, found on the gasoline dispenser, on the liter-size cylindrical aluminum container;

Fill the liter-size cylindrical aluminum container with gasoline from the gasoline dispenser to be tested;

Transfer the gasoline to the portable octane analyzer sample-holder jar;

Tare the portable octane analyzer or equivalent device;

Place the portable octane analyzer sample-holder jar in the portable octane analyzer or equivalent device for measurement;

Measure the octane level of the gasoline sample and retain the results from the portable octane analyzer or equivalent device; and

Return the extracted gasoline that was not used for testing to the proper underground tank.

1702.3 In cases where there is a blended service station dispenser, the DCRA inspector shall extract one (1) gallon of the gasoline of the octane rating to be tested and shall store that gallon in the metal gas container before filling the liter-size cylindrical aluminum container for testing. This process shall be repeated for each octane grade.

1702.4 The DCRA inspector shall return the gasoline to the underground tank after testing.

History

SOURCE: Final Rulemaking published at 63 DCR 4071 (March 18, 2016). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1702

16 DCMR § 1703 SECOND FUEL-SAMPLE TEST

1703.1 If the octane rating measures within the 0.5 tolerance set forth in § 1700.1, the gasoline shall be deemed to have passed the octane rating test and the DCRA inspector shall continue to inspect the remaining octane ratings at the fueling station.

1703.2 If the measured octane rating of a tested gasoline is below the 0.5 tolerance set forth in § 1700.1, the DCRA inspector shall perform a second fuel-sample test by taking the following steps:

Take a sample of the gasoline from the underground storage tank;

Fill the liter-size cylindrical aluminum container with the desired gasoline to be tested;

Transfer the gasoline to be tested to the portable octane analyzer sample holder jar;

Place the portable octane analyzer sample holder jar in the portable octane analyzer or equivalent device for measurement;

Measure the octane level of the gasoline sample using the portable octane analyzer or equivalent device;

Determine whether the octane level is below the 0.5 tolerance set forth in § 1700.1;

Retain the results from the portable octane analyzer; and

Send the sample from the underground storage tank to the Motor Fuel Testing Lab of the Comptroller of Maryland or another testing lab authorized by the Director, as described in § 1704, if the octane level is below the 0.5 tolerance set forth in § 1700.1.

History

SOURCE: Final Rulemaking published at 63 DCR 4071 (March 18, 2016). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1703

16 DCMR § 1704 ANALYSIS OF FUEL SAMPLE BY A THIRD PARTY

ANALYSIS OF FUEL SAMPLE BY A THIRD PARTY

1704.1 Only the second sample from the underground storage tank that measures below the 0.5 tolerance shall be sent to the Motor Fuel Testing Lab of the Comptroller of Maryland or another testing lab authorized by the Director within twenty-four (24) hours of collection.

If the Motor Fuel Testing Lab of the Comptroller of Maryland or other testing lab authorized by the Director confirms that gasoline sample from the underground storage tank measures below the 0.5 tolerance of the automotive fuel advertised, the DCRA inspector shall return to the location where the sample was retrieved within twenty-four (24) hours or the next business day and repeat the procedure set forth in § 1702 to re-determine whether the gasoline measures below the 0.5 tolerance set forth in § 1700.1.

If the test performed pursuant to § 1702 re-confirms that the gasoline measures below the 0.5 tolerance of the automotive fuel advertised, the DCRA inspector shall condemn the service station dispenser nozzle where the fuel was retrieved.

History

SOURCE: Final Rulemaking published at 63 DCR 4071 (March 18, 2016). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1704

16 DCMR § 1705 CONDEMNATION OF A DISPENSING SYSTEM, STORAGE TANK, OR OTHER DISPENSING DEVICE

1705.1 To condemn a service station dispenser nozzle as required by § 1704.3, the DCRA inspector shall affix a condemnation tag and/or boot to the service station dispenser and place a wire seal over the service station dispenser nozzle. The condemnation tag and/or boot shall state that it is unlawful to remove, break, mutilate, or destroy any notice, seal, or order issued by DCRA.

1705.2 If the gasoline which failed the octane rating test is dispensed from a blended service station dispenser, the entire blended service station dispenser shall be condemned and no gasoline shall be dispensed from that blended service station dispenser.

1705.3 The condemnation tag and/or boot shall not be removed by a DCRA inspector until the DCRA inspector has re-inspected the service station dispenser and determined it to be in compliance.

1705.4 No person other than a DCRA inspector shall remove, break, mutilate, or destroy the condemnation tag and/or boot.

History

SOURCE: Final Rulemaking published at 63 DCR 4071 (March 18, 2016). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1705

16 DCMR § 1706 RECORD KEEPING

1706.1 For each condemnation, DCRA shall maintain a record consisting of:

A description of the device the DCRA inspector used to retrieve the gasoline sample from the service station dispenser;

The fuel sample test from § 1702, second fuel-sample test from § 1703, Comptroller test from § 1704 and re-test results from § 1704.2;

The name and address of the owner; and

The date of inspection(s).

1706.2 DCRA shall retain the record for three (3) years after the date of condemnation.

History

SOURCE: Final Rulemaking published at 63 DCR 4071 (March 18, 2016). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1706

16 DCMR § 1707 FUEL COLOR CODE CHARTS

1707.1 Each gasoline station shall have a color-coded chart that clearly identifies which color represents each octane rating. The colors used shall comply with the then-current version of American Petroleum Institute (API) Recommended Practice 1637, “Using the API Color-Symbol System to Mark Equipment and Vehicles for Product Identification at Service Stations and Distribution Terminals.”

1707.2 The color-coded chart shall be conspicuously posted in or upon the premises so that it may be readily seen by the DCRA inspector, DCRA investigator, or person(s) delivering fuel without requiring the person(s) to enter the premises (i.e. posted so that the chart can be viewed from the exterior of the kiosk or store).

1707.3 The fill pipe and/or access cover for each underground fuel-storage tank shall be painted to match the appropriate octane rating color from the color-coded chart.

History

SOURCE: Final Rulemaking published at 63 DCR 4071 (March 18, 2016). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1707

16 DCMR § 1708 FUEL LABELING

1708.1 Gasoline labels shall comply with 16 C.F.R. § 306.12, “Automotive Fuel Ratings, Certification and Posting-Labels.”

History

SOURCE: Final Rulemaking published at 63 DCR 4071 (March 18, 2016). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1708

16 DCMR § 1799 DEFINITIONS

Blended service station dispenser- a pump that has a single nozzle that dispenses more than one (1) octane rating.

Motor fuel testing lab - a lab that analyzes incoming petroleum products for their quality and to ensure that samples of various grades of motor fuels comply with state and/or federal Environmental Protection Agency guidelines.

Portable Octane Analyzer- a portable octane analyzer, for use with gasoline, that measures the octane number via near-infrared transmission spectroscopy. It consists of three primary components: the analyzer, a sample container and a light shield. (i.e., ZX-101XL Octane analyzer or similar device.)

Service station dispenser- a pump that draws gasoline from underground storage tanks.

Tolerance - a value fixing the limit of allowable error or departure from true performance or value.

History

SOURCE: Final Rulemaking published at 63 DCR 4071 (March 18, 2016). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 1799

16-18 SECURITY AND FIRE ALARM REGULATIONS

16 DCMR § 1800 GENERAL PROVISIONS

1800.1 The provisions of this chapter are adopted under the authority of D.C. Law 3-107, the "Security Alarm Systems Regulations Act of 1980," D.C. Code § 7-2801 et seq. (2001), effective September 26, 1980, as amended by D.C. Law 7-99, the "Fire Alarm Systems Regulations Amendments Act of 1977," effective March 29, 1988 (hereafter referred to as the "Act").

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is the Security Alarm Systems Regulations Act of 1980, D.C. Law 3-107, D.C. Code § 7-2801 et seq. (2001), as amended by the Fire Alarm Systems Regulations Amendments Act of 1987, D.C. Law 7-99.
SOURCE: Final Rulemaking published at 35 DCR 8448 (December 2, 1988).

16 DCMR § 1801 LICENSING OF ALARM DEALERS

1801.1 No person shall engage in the business of an alarm dealer within the boundaries of the District of Columbia without first obtaining from the Director an alarm dealer's license, as required by §5 of the Act (D.C. Official Code §7-2804 (2001)) and this chapter.

1801.2 Application for an alarm dealer's license shall be made on a form prescribed by the Director and shall contain a notarized statement that the information contained in the application is true and correct.

History

SOURCE: Final Rulemaking published at 35 DCR 8448 (December 2, 1988),

16 DCMR § 1802 LICENSING OF ALARM AGENTS

1802.1 No person shall act as an alarm agent within the boundaries of the District of Columbia without first obtaining from the Director an alarm agent's license, as required by §6 of the Act (D.C. Official Code §7-2804 (2001)) and this chapter.

1802.2 No alarm dealer shall permit a person to perform the services of an alarm agent on behalf of the dealer's business without ensuring that the person has valid agent's license to perform the work.

History

SOURCE: Final Rulemaking published at 35 DCR 8448 (December 2, 1988).

16 DCMR § 1803 APPLICATION FOR AN ALARM AGENT LICENSE

1803.1 An application for an alarm agent's license shall be made on a form prescribed by the Director and shall contain a notarized statement that the information contained in the application is true and correct.

1803.2 Each application shall be accompanied by three (3) prints of a full-face photograph taken within not more than three (3) months prior to the date of the application. The prints shall be one inch by one and one-half inches (1 in. x 1 1/2 in.) in size.

History

SOURCE: Final Rulemaking published at 35 DCR 8448 (December 2, 1988).

16 DCMR § 1804 TERM AND RENEWAL OF LICENSES

1804.1 An alarm dealer license and an alarm agent license shall expire at 12:00 midnight on July 31st of every other year.

1804.2 A licensee shall submit a renewal application for an alarm dealer or alarm agent license to the Director at least thirty (30) days before the expiration date of the current license.

1804.3 The Director shall approve renewal applications if the following conditions are met:

(a) There are no outstanding violations of the Act or this chapter;

(b) All fines or collaterals with respect to violations of the Act or this chapter that have become due have been paid;

(d) The license renewal fee has been paid.

1804.4 If the Director fails to act on a timely renewal request before the expiration of the existing license, the applicant shall be considered still licensed until the Director acts on the renewal application.

1804.5 The Director may for "good cause shown" grant an extension of time for filing renewal application.

History

SOURCE: Final Rulemaking published at 35 DCR 8448, 8449 (December 2, 1988).

16 DCMR § 1805 LICENSE FEES AND COLLATERALS

1805.1 License fees for alarm dealers and alarm agents are set forth at Title 17 DCMR §3500.1. The collateral schedule for violations of the Act is set forth at Title 17 DCMR §3501.

History

SOURCE: Final Rulemaking published at 35 DCR 8448, 8449 (December 2, 1988).

16 DCMR § 1806 IDENTIFICATION

1806.1 Each alarm agent and each alarm dealer whose duties include the installation, inspection, maintenance, servicing, or repair of alarm systems, shall carry on his or her person at all times while engaged in these duties a valid identification card issued by the Director, as specified in §6(e) of the Act (D.C. Official Code §7-2805(e)).

1806.2 Identification cards shall be displayed upon request, and shall be surrendered to the Director upon the same working day that any of the following occurs:

(a) Termination of employment; or

(b) Suspension or revocation of the license.

History

SOURCE: Final Rulemaking published at 35 DCR 8448, 8449 (December 2, 1988).

16 DCMR § 1807 DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE

1807.1 The Director may deny, suspend, or revoke the license of an alarm dealer or an alarm agent for any of the reasons set forth in §5(c) of the Act (D.C. Official Code §7-2804(e)).

1807.2 In determining whether the issuance or continuation of a license would constitute a significant risk to the community under §5(e)(3) of the Act (D.C. Official Code §7-2804(e)(3)), the Director shall consult with the Chiefs of Police, Fire and other appropriate governmental authorities as the Director deems appropriate.

History

SOURCE: Final Rulemaking published at 35 DCR 8448, 8450 (December 2, 1988).

16 DCMR § 1808 PROCEDURES FOR DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE

1808.1 Pursuant to procedures and authority set forth in §§5 and 6 of the Act (D.C. Official Code §§7-2804 and 7-2085), whenever the Director proposes to deny, suspend, or revoke a license, the Director shall give the applicant or licensee written notice of the following:

(a) The nature of the proposed action;

(b) The facts constituting each violation or other basis for the proposed action;

(d) A statement explaining the applicant's or licensee's opportunity to submit information regarding the proposed action within ten (10) days of service of the notice for consideration by the Director; and

(e) A statement advising the applicant or licensee that unless information is submitted within the ten (10) day period set forth in §1808.1(d), the notice of proposed action shall constitute the notice of final action ten (10) days after service of the notice of proposed action.

History

SOURCE: Final Rulemaking published at 35 DCR 8448, 8450 (December 2, 1988).

16 DCMR § 1809 COMPUTATION OF TIME

1809.1 In computing any period of time specified in this chapter or §§5 or 6 of the Act (D.C. Official Code §§7-2804 and 7-2805), calendar days shall be counted unless otherwise indicated.

1809.2 In computing any period of time specified in this chapter, the day of the act, event, or default shall not be counted.

1809.3 The last day of the period counted shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the time period shall continue until the next day which is not a Saturday, Sunday, or legal holiday.

History

SOURCE: Final Rulemaking published at 35 DCR 8448, 8450 (December 2, 1988).

16 DCMR § 1810 ALTERNATIVE ADMINISTRATIVE ACTIONS

1810.1 The Director may enter into agreements of assurance of compliance or discontinuance prior to or as an alternative to denial, suspension, or revocation of license, as provided by §5(h) of the Act (D.C. Official Code §7-2804(h)).

History

SOURCE: Final Rulemaking published at 35 DCR 8448, 8451 (December 2, 1988).

16 DCMR § 1811 APPEALS

1811.1 Any person aggrieved by a final action of the Director denying, revoking, or suspending a license may file with the Office of Administrative Hearings a written demand for a hearing, as provided in § 5(j) of the Act (D.C. Official Code § 7-2804(j)) and in accordance with the rules of procedure of the Office of Administrative Hearings (1 DCMR §500 et seq.).

History

SOURCE: Final Rulemaking published at 35 DCR 8448, 8451 (December 2, 1988).

16 DCMR § 1899 DEFINITIONS

1899.1 As used in this chapter, the terms and phrases set forth in this chapter shall have the meanings ascribed by the Act (D.C. Official Code § 7-2802) with the addition of the following:

Chief of Police - the Chief of Police of the Metropolitan Police Department or designee.

Fire Chief - the Chief of the District of Columbia Fire and Emergency Medical Services Department or designee.

Department - the Department of Consumer and Regulatory Affairs.

Director - the Director of the Department of Consumer and Regulatory Affairs or designee.

History

SOURCE: Final Rulemaking published at 35 DCR 8448, 8451 (December 2, 1988).

16-31 CIVIL INFRACTIONS: ADMINISTRATIVE PROCEDURES

16 DCMR § 3100 GENERAL PROVISIONS

3100.1 This chapter shall set forth the administrative procedures implementing the Act. The Schedule of Fines, which establishes the civil penalties for specific infractions subject to administrative adjudication under the Act, is in Chapter 32 of this title.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is §105 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Law 6-42, D.C. Code § 2-1801 et seq. (2001), and Mayor's Order 86-38, issued March 4, 1986, 33 DCR 1823 (March 21, 1986).
SOURCE: Final Rulemaking published at 34 DCR 5718 (September 4, 1987).

16 DCMR § 3101 NOTICE OF INFRACTION

3101.1 A Notice of Infraction (NOI) shall be in a form prescribed by the Director.

3101.2 A properly completed NOI signed by the issuing agent shall be prima facie evidence of the validity of the issuance and the truth of the facts alleged in the NOI.

3101.3 An NOI shall include the following:

(a) The name and address of the respondent;

(b) A citation to the law or rule that the respondent allegedly violated;

(d) The amount of the fine applicable to the infraction;

(e) Notification of the following:

(1) That the fine must be paid within fifteen (15) days of the date the NOI is served on the respondent;

(2) That, if the respondent fails to pay the fine or request a hearing within fifteen (15) days of the date the NOI is served on the respondent, a penalty equal to the amount of the fine may be imposed and the respondent's license or permit may be suspended until the fine and penalty have been paid;

(3) That the respondent has the right to request a hearing on the infraction charged in the NOI, and the procedure for requesting a hearing;

(4) That the acceptable forms of payment are as follows:

Cash, which is not acceptable by mail; or

A personal check, company check, certified check, cashier's check, postal money order, bank money order payable to the order of the District of Columbia Treasurer, or credit card or other form of electronic payment; and

(5) That, if the respondent admits the infraction or admits the infraction with explanation, the respondent is required to certify that each infraction on the NOI has been abated; and

(f) Any other information that the Director may require.

3101.4 When the fine appearing on the NOI is inconsistent with the applicable fine listed on the approved schedule of fines, the respondent shall be subject to liability only for the lesser fine.

3101.5 The Director may issue and serve an amended NOI for a repeat infraction at any time prior to the decision of the administrative law judge (ALJ) on the infraction, or the respondent's admission of the infraction and payment of the fine indicated on the NOI. The respondent shall answer an amended NOI pursuant to §3103.

3101.6 Unless otherwise prescribed by law, an NOI shall be issued by the Director upon observance of an infraction. When applicable provisions of law require that a respondent be given a certain period of time to abate a violation, an NOI shall not be issued until that period of time has elapsed.

History

SOURCE: Final Rulemaking published at 34 DCR 5718 (September 4, 1987); as amended by Final Rulemaking published at 67 DCR 1200 (February 7, 2020). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3101

16 DCMR § 3102 SERVICE OF THE NOTICE OF INFRACTION

3102.1 The Director shall effect service of an NOI on a respondent by one of the following methods:

(a) Personal service on the respondent or respondent's agent;

(b) Delivering the NOI to the last known home or business address of the respondent or respondent's agent and leaving it with a person over the age of sixteen (16) years old residing or employed therein; or

3102.2 Proof of service shall state the name and address of the person on whom service is made and the manner and date of service.

3102.3 Proof of service includes any of the following:

(a) The certificate of service signed by the issuing agent;

(b) A return receipt or certificate of mailing, if service is by mail; or

3102.4 For purposes of this section, "respondent's agent" means a general agent, employee or attorney of the respondent.

History

SOURCE: Final Rulemaking published at 34 DCR 5718, 5720 (September 4, 1987).

16 DCMR § 3103 ANSWERING THE NOTICE OF INFRACTION

3103.1 A respondent shall answer an NOI in accordance with this section within fifteen (15) days from the date of service of the NOI.

3103.2 In response to an NOI, a respondent shall do the following:

(a) Answer the NOI in one of the following ways:

(1) Admit the infraction;

(2) Admit the infraction with explanation; or

(3) Deny the commission of the infraction; and

(b) Otherwise complete, sign, and date the answer form on the back of the NOI.

3103.3 If a respondent admits an infraction, the respondent shall include payment of the fine with the respondent's answer.

3103.4 Payment of a fine shall not relieve the respondent of the obligation to abate an infraction cited in the NOI.

3103.5 If a respondent admits an infraction with explanation, the respondent shall indicate on the back of the NOI whether respondent requests a hearing or adjudication by mail. If a respondent fails to indicate whether a hearing or adjudication by mail is requested, the Office of Administrative Hearings, in accordance with its rules, shall schedule a hearing and send the respondent a notice of hearing.

3103.6 If a respondent denies an infraction, the Office of Administrative Hearings will schedule a hearing, in accordance with its rules.

3103.7 A notice of hearing sent pursuant to this chapter shall inform the respondent of the following:

(a) The fact that a hearing has been scheduled;

(b) The time, date, and location of the hearing; and

3103.8 A respondent may answer an NOI in person or by mail.

3103.9 To answer an NOI in person, a respondent shall appear at the following address between the hours of 9:00 a.m. - 5:00 p.m., Monday through Friday, except on legal holidays:

Office of Administrative Hearings

441 Fourth Street, N.W., Suite 450N

Washington, D.C. 20001

3103.10 To answer an NOI by mail, a respondent shall mail the completed NOI, postmarked within fifteen (15) days from the date of service, to the following address:

Office of Administrative Hearings

441 Fourth Street, N.W., Suite 450N

Washington, DC 20001

3103.11 If a respondent responds to an NOI and pays the stated fine, but fails to indicate an answer, the respondent shall be deemed to have admitted the infraction.

3103.12 If a respondent responds to an NOI but does not pay the stated fine, and fails to indicate an answer, the respondent shall be deemed to have denied the infraction, and the Office of Administrative Hearings shall schedule a hearing, in accordance with its rules.

3103.13 If a respondent fails to answer an NOI in a timely manner, the respondent shall not have a right to a hearing on the NOI or adjudication of the NOI by mail, unless the respondent shows good cause for the failure to answer the NOI in a timely manner.

3103.14 If a respondent challenges an NOI as defective on its face, an ALJ may review the NOI prior to a hearing and, if the ALJ determines that the NOI is defective on its face, dismiss the NOI. If the ALJ does not dismiss the NOI, the respondent shall be deemed to have denied the infraction and the Office of Administrative Hearings shall schedule a hearing, in accordance with its rules.

History

SOURCE: Final Rulemaking published at 34 DCR 5718 (September 4, 1987); as amended by Final Rulemaking published at 67 DCR 1200 (February 7, 2020). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3103

16 DCMR § 3104 ABATEMENT OF INFRACTIONS

3104.1 The Director shall monitor and verify the abatement of all violations. Respondent will be subject to additional NOIs for failure to abate.

3104.2 The requirements of this section shall apply to respondents who have admitted an infraction, admitted an infraction with explanation, or were found to have committed an infraction in a decision of an Administrative Law Judge (ALJ).

3104.3 A respondent subject to this section shall be required to certify that each infraction listed on the Notice of Infraction (NOI) has been abated, subject to penalties for false statements under § 404 of the D.C. Theft and White Collar Crimes Act of 1982, D.C. Official Code § 22-2405 (2001 ed.).

3104.4 The Director may request a respondent subject to this section to complete and submit to the Director a Notice of Verification certifying that an infraction has been abated.

3104.5 A Notice of Verification certifying abatement of an infraction shall include the following:

(a) A list of all infractions cited;

(b) The name of the person in violation;

(d) A complete description of the actions taken to abate the infraction;

(e) The respondent's signature; and

(f) Any other information that the Director may require.

3104.6 The Director may, at any time, request that a respondent provide additional information pertaining to the verification of an abated infraction.

3104.7 The Director shall issue an additional NOI after reinspection, if the Director determines that the cited infraction continues to exist.

3104.8 A respondent's failure to certify that an infraction has been abated as required in the decision of the ALJ may be referred to the Office of Compliance for appropriate action.

3104.9 If the Director has determined that the cited infraction has been successfully abated and the respondent has taken all reasonable steps to ensure the infraction does not reoccur, the Director shall issue a notice of abatement and provide it to the respondent. The notice of abatement shall be conspicuously posted by the respondent for residents to view for fourteen (14) days.

3104.10 A notice of abatement issued pursuant to this section shall include at least the following information:

(a) A list of infractions abated, not to include a tenant’s name and address; and

(b) The respondent’s license or permit number.

3104.11 Receipt of a Notice of Abatement for an infraction shall preclude the infraction from serving as the basis of a violation under §§ 3305.1(s), 3305.2(uu), or 3305.3(vvv).

History

SOURCE: Final Rulemaking published at 34 DCR 5718, 5722 (September 4, 1987); as amended by the Department of Consumer and Regulatory Affairs Omnibus Amendment Act of 2018, effective April 11, 2019 (D.C. Law 22-0287; 66 DCR 1650 (February 8, 2019)); as amended by Final Rulemaking published at 67 DCR 1200 (February 7, 2020). District of Columbia Municipal Regulations Housing 14 DCMR § 3104

16 DCMR § 3105 FAILURE TO ANSWER THE NOTICE OF INFRACTION

3105.1 If a respondent fails to answer an NOI within fifteen (15) days of date of service, the Director shall issue and serve upon respondent a second NOI, in a form prescribed by the Director.

3105.2 A second NOI shall include the following:

(a) The name and address of the respondent;

(b) An identification of the NOI to which the respondent has failed to respond in a timely manner, and the amount of the fine and penalty for such failure to respond;

(1) That the respondent is subject to a penalty equal to the amount of the fine because of the respondent's failure to respond to the initial NOI in a timely manner, unless the respondent shows good cause for the failure to respond to the NOI in a timely manner;

(2) That the respondent has a right to a hearing to show good cause for the failure to respond to the NOI in a timely manner and that, if the ALJ determines that there is good cause, the respondent has a right to a hearing on the infraction;

(3) That, if the respondent fails to pay the fine and penalty or request a hearing within fifteen (15) days of the date of service of the second NOI the following shall occur:

(A) The penalty for failure to answer in a timely manner shall increase to twice the amount of the initial fine and the respondent's license or permit may be suspended; and

(B) The respondent shall be required to appear at a hearing to show cause why the respondent's license or permit should not be suspended for such failure to make timely payment or request a hearing;

(4) That the respondent has no right to adjudication of the infraction by mail; and

(5) That the acceptable forms of payment are as follows:

(A) Cash, which is not acceptable by mail; or

(B) A personal check, company check, certified check, cashier's check, postal money order, or bank money order payable to the order of the District of Columbia Treasurer; and

(d) Any other information that the Director may require.

3105.3 A second NOI signed by the Director shall be prima facie evidence that the respondent has not answered the initial NOI in a timely manner.

3105.4 A second NOI shall be served and answered in the same manner as an initial NOI, with the following exceptions:

(a) If a respondent admits the infraction, the respondent is required to include payment of the penalty, in addition to the fine, with the answer;

(b) Respondent has no right to adjudication of the infraction by mail; and

(c) Respondent has no right to a hearing on the infraction unless the respondent shows good cause for the failure to timely answer the initial NOI. To show good cause, a respondent shall request a hearing in the manner provided by §3103 within fifteen (15) days of the date the second NOI is served. Upon a showing of good cause, an ALJ may either proceed to consider the infraction or require the respondent to request another hearing on the infraction.

3105.5 A respondent who fails to answer a second NOI within fifteen (15) days of service:

(a) Shall have no right to a hearing on the infraction unless the respondent establishes good cause for the failure to answer; and

(b) Shall be required to appear at a hearing to show cause why the respondent's license or permit should not be suspended for such failure to answer.

History

SOURCE: Final Rulemaking published at 34 DCR 5718, 5723 (September 4, 1987).

16 DCMR § 3106 ADJUDICATION BY MAIL

3106.1 Adjudication by mail shall be available only to a respondent who answers an initial NOI in a timely manner and admits the infraction with explanation.

3106.2 A respondent who admits an infraction with explanation shall submit with the NOI all evidence of mitigating circumstances or other evidence relevant to the respondent's explanation.

History

SOURCE: Final Rulemaking published at 34 DCR 5718, 5725 (September 4, 1987).

16 DCMR § 3107 PRE-HEARING FILINGS

3107.1 The Director may require that the parties file, at least five (5) days prior to the hearing and on a form approved by the Director, the following information:

(a) The name and address of each witness who may be called to testify during the hearing;

(b) The name and address of each expert witness who may be called to testify, together with a copy of any written report prepared by that expert witness;

(d) A certification by the person filing that a true copy of the filed document has been served on all parties; and

(e) Any other information that the Director may determine to be necessary for the more efficient scheduling and operation of the hearing process.

3107.2 The parties may enter stipulations into the record.

3107.3 No pre-hearing filing shall be accepted within five (5) days prior to the scheduled hearing date without the authorization of the ALJ.

3107.4 A request for continuance shall be submitted in writing.

History

SOURCE: Final Rulemaking published at 34 DCR 5718, 5726 (September 4, 1987).

16 DCMR § 3108 MOTIONS

3108.1 Parties, witnesses, and other persons may file appropriate motions, including motions to intervene or to join another party to the action.

3108.2 A party filing a motion shall serve it on all parties to the hearing.

3108.3 A party opposing a motion shall respond to the motion filed by hand delivering the response to the address set forth at §3103.9 within five (5) days of the date the motion was served, or by mailing the response to the address set forth at §3103.10 postmarked within five (5) days of the date the motion was served.

3108.4 Failure to respond to a motion within the time provided in §3108.3 shall constitute sufficient grounds for the ALJ, in the ALJ's discretion, to grant the original motion as being unopposed.

3108.5 Unless a party requests oral argument on a motion and the ALJ grants the request, the ALJ may dispose of the motion on written submissions.

3108.6 The ALJ may schedule a separate hearing on a motion or may consider it at the time of the hearing on the NOI.

History

SOURCE: Final Rulemaking published at 34 DCR 5718, 5726 (September 4, 1987).

16 DCMR § 3109 CONDUCT OF HEARINGS

3109.1 A general partner may represent the partnership at a hearing.

3109.2 A director or officer of, or attorney for, a corporation may represent the corporation at a hearing.

3109.3 A respondent shall have the following rights at a hearing:

(a) To appear and be heard in person or be represented by counsel;

(b) To examine the respondent's own witnesses and cross-examine opposing witnesses;

(d) To have subpoenas issued to compel the attendance of witnesses and the production of relevant documents upon submission of a written request to an ALJ at least five (5) days prior to the hearing.

3109.4 If a respondent denies an infraction, the Director shall have the burden of proving the infraction by a preponderance of the evidence.

3109.5 All testimony shall be given under oath or affirmation.

3109.6 Parties at a hearing shall make objections in a timely manner and shall briefly state the grounds relied upon.

3109.7 At the conclusion of a hearing, the ALJ may hold open the hearing record for an appropriate period of time to allow for the production of additional documentary evidence or submission of briefs by the parties.

3109.8 A party filing documentary evidence after the hearing but before the record has closed, shall serve a copy of the evidence on the opposing party.

History

SOURCE: Final Rulemaking published at 34 DCR 5718, 5727 (September 4, 1987).

16 DCMR § 3110 AMENDMENTS TO THE NOTICE OF INFRACTION

3110.1 If, during a hearing, the Director has cause to believe that the respondent committed an additional infraction for which the respondent has not been charged, the Director may move to amend the NOI during the hearing to add the new infraction.

3110.2 If the Director moves to amend a NOI pursuant to §3110.1, the ALJ shall grant a continuance when necessary for the respondent to defend adequately against the amended NOI, unless the respondent waives the right to a continuance.

3110.3 If, during a hearing, the Director proves that a respondent is a repeat violator of a rule, regulation, or law cited, the Director may move to amend the NOI consistent with this section.

History

SOURCE: Final Rulemaking published at 34 DCR 5718, 5728 (September 4, 1987).

16 DCMR § 3111 RECORD OF PROCEEDINGS

3111.1 An official record of the hearing shall be maintained in each case, including, but not limited to, testimony and exhibits. A transcription of the hearing shall not be made unless requested pursuant to §3120.

3111.2 The testimony and exhibits, together with all papers filed in the proceedings, and materials or facts with respect to which official notice is taken, shall constitute the exclusive record of the hearing.

History

SOURCE: Final Rulemaking published at 34 DCR 5718, 5728 (September 4, 1987).

16 DCMR § 3112 FAILURE TO APPEAR AT A HEARING

3112.1 If a respondent fails to appear for a scheduled hearing, and the hearing has not been continued, postponed, or rescheduled, the ALJ may receive evidence and hear testimony of witnesses who have appeared and render a final decision based on the evidence or may issue a default judgment against the respondent.

3112.2 A respondent who has failed to appear at a scheduled hearing may, before the ALJ issues a decision, make a request in writing to the ALJ that the hearing be reopened for good cause shown.

History

SOURCE: Final Rulemaking published at 34 DCR 5718, 5728 (September 4, 1987).

16 DCMR § 3113 FINAL DECISION

3113.1 A decision of an ALJ shall be final upon issuance.

3113.2 A decision of an ALJ shall be in writing and must be issued within ninety (90) days of the date the hearing is concluded or the request for an adjudication by mail is received.

3113.3 A decision of an ALJ shall contain findings of fact, conclusions of law, an order, and a statement which informs the respondent of the right to an appeal.

3113.4 The decision shall be served in accordance with §3102.

3113.5 A decision of an ALJ finding that the respondent committed an infraction may notify the respondent that if the respondent fails to pay the fine, penalty, or costs within fifteen (15) days of the date of service of the decision, the respondent's license or permit shall be suspended until the respondent pays the fine, penalty, or costs.

3113.6 The Director may, for good cause shown, abate the amount of a final order.

History

SOURCE: Final Rulemaking published at 34 DCR 5718, 5729 (September 4, 1987); as amended by Final Rulemaking published at 49 DCR 4995 (May 31, 2002).

16 DCMR § 3114 COST, PENALTIES, AND INTEREST

3114.1 A respondent may be subject to one or more of the following penalties and costs:

(a) A penalty equal to the amount of the fine, if a respondent fails to answer an NOI within fifteen (15) days from the date of service;

(b) A penalty equal to twice the amount of the fine, if a respondent fails to answer a second NOI within fifteen (15) days from the date of service;

(c) An inspection fee of fifty dollars ($50) for all reinspections and reinvestigations conducted by the Director in connection with an infraction;

(d) A hearing fee of forty dollars ($40), if the respondent is found fully liable for an infraction;

(e) A witness fee of thirty-one dollars and fifty cents ($31.50) for each witness subpoenaed on behalf of the respondent; and

(f) A fee of one percent (1%) per month of the outstanding amount owed by a respondent for the installment service.

3114.2 Interest on the amount to be paid under a final order shall accrue at the rate of one and one-half percent (1.5%) per month, or a prorated portion, from the date of a final order or default.

History

SOURCE: Final Rulemaking published at 34 DCR 5718, 5729 (September 4, 1987); as amended by Final Rulemaking published at 42 DCR 6224 (November 10, 1995), effective December 8, 1995; as amended by Final Rulemaking published at 49 DCR 4995 (May 31, 2002).

16 DCMR § 3115 INSTALLMENT AGREEMENTS AND PAYMENT

3115.1 No person shall be eligible to apply for an installment agreement except as provided in this section.

3115.2 A respondent who has been served a decision in which monetary sanctions of fifty dollars ($50) or more have been imposed may, within fifteen (15) days after the date of service, request permission to make payments pursuant to an installment agreement.

3115.3 A respondent who has been served an NOI or second NOI, and who admits to infractions and penalties of fifty dollars ($50) or more may, within fifteen (15) days after the date of service, request permission to make payments pursuant to an installment agreement.

3115.4 Installment applications shall be submitted on a form prescribed by the Director.

3115.5 Failure to submit a completed installment application along with all required documentation in a timely manner shall bar the respondent from receiving an installment agreement.

3115.6 An installment agreement shall inform the respondent of the respondent's obligations and shall contain the following information:

(a) The duration of the agreement, which shall be six (6) months or less;

(b) The due date for each installment payment;

(d) That collection proceedings shall be initiated to collect the amount owed for respondent's failure to comply with the terms and conditions of the installment agreement;

(e) That the acceptable forms of payment are as follows:

(1) Cash, which is not acceptable by mail; or

(2) A personal check, company check, certified check, cashier's check, postal money order, or bank money order payable to the order of the District of Columbia Treasurer; and

(f) That the respondent's license or permit may be suspended for failure to make timely payments.

History

SOURCE: Final Rulemaking published at 34 DCR 5718, 5730 (September 4, 1987).

16 DCMR § 3116 PAYMENT

3116.1 The following shall be the only acceptable forms of payment of a fine, penalty, cost, or other charge imposed under this chapter or the Act:

(a) Cash;

(b) Credit Card or other electronic payment; or

(c) A personal check, company check, certified check, cashier's check, postal money order, or bank money order payable to the order of the District of Columbia Treasurer.

3116.2 A payment in the form of cash shall not be accepted by mail.

3116.3 A respondent's submission of a personal check, company check, certified check, cashier's check, postal money order, or bank money order that is returned due to insufficient funds or for any other reason, shall constitute a failure to pay and a failure to respond properly to an NOI, second NOI, or decision.

History

SOURCE: Final Rulemaking published at 34 DCR 5718 (September 4, 1987); as amended by Final Rulemaking published at 67 DCR 1200 (February 7, 2020). District of Columbia Municipal Regulations Housing 14 DCMR § 3116

16 DCMR § 3117 COLLECTION PROCEEDINGS AND LIENS

3117.1 The failure of a respondent to pay monetary sanctions imposed by an ALJ or to comply with a decision of an ALJ within fifteen (15) days of the date of service of the decision shall subject the respondent to suspension of the respondent's license or permit.

3117.2 The Director may refer to a collection agency or the Corporation Counsel cases which involve a respondent's failure to make timely payment for the initiation of civil proceedings to collect fines, penalties, costs, and interest owed by the respondent. The Director may contract with any person to collect the amount of a lien and pay such person a fee or percentage, of the amount collected, or both. The civil proceedings may result in garnishment of wages, attachment of property, and liens and foreclosures against property.

3117.3 A lien shall be satisfied when a respondent submits payment in full to the agency that issued the final order.

3117.4 The failure of a respondent to pay the amount owed under a final order shall result in a continuing and perpetual lien in favor of the District.

3117.5 A lien which results from the amount to be paid under a final order shall have the same force and effect as a lien created by a judgment

3117.6 A lien shall be in favor of the District upon all real and personal property owned by the respondent.

3117.7 A lien shall attach to all property belonging to the respondent including any property acquired by the respondent after the lien arises.

3117.8 A lien shall have priority over all other liens except the following:

(a) Liens for District taxes; and

(b) Liens for District water charges.

3117.9 The Director may take the following steps to collect fines, penalties, costs, and interest imposed against real property owned by the respondent:

(a) The lien shall be recorded with the Recorder of Deeds as a real property tax lien captioned "Notice of Converted Real Property Tax Lien" and immediately deemed a delinquent real property tax;

(b) The lien shall include the name of the respondent, description of the real property by square and lot number, and the amount of the real property tax lien;

(d) Interest on the lien shall accrue at the rate of interest charged for delinquent real property tax; and

(e) The real property may be sold at a delinquent real property tax sale in the same manner as real property sold for delinquent real property tax.

3117.10 The amount secured by a lien may appear on the real property tax bill and shall be an additional real property tax to be collected in the same manner and under the same conditions as real property tax is collected.

3117.11 If payment has not been made by the due date for payment of the real property tax bill, a lien shall immediately be converted to a real property tax.

3117.12 The Director may prepare a list of delinquent respondents who have not paid or

appealed the final order within fifteen (15) days of personal service.

3117.13 The Director may publish periodically the delinquent list in one (1) or more general circulation newspapers published in the District.

3117.14 A lien shall be valid against the following persons when notice has been filed with the Recorder of Deeds:

(a) Bona fide purchaser;

(b) Holder of a security interest;

(d) Judgment lien creditor.

History

SOURCE: Final Rulemaking published at 34 DCR 5718, 5731 (September 4, 1987); as amended by Final Rulemaking published at 49 DCR 4995 (May 31, 2002).

16 DCMR § 3118 ADMINISTRATIVE APPEALS

3118.1 This section shall apply to all appeals from decisions of ALJ or attorney examiners issued pursuant to this Act, except for appeals made to the District of Columbia Board of Appeals and Review.

3118.2 A notice of appeal from a decision issued by an ALJ or attorney examiner shall be submitted in person or postmarked within fifteen (15) days from the date of service of the final decision.

3118.3 A notice of appeal of a decision shall include the following information.

(a) That an appeal is taken;

(b) A copy or identification of the final decision from which the appeal is taken;

(d) The full name, street address, and telephone number of the respondent and the respondent's attorney or agent, if any; and

(e) The signature of the respondent, an officer of the respondent corporation, a partner of the respondent partnership, or respondent's attorney or agent.

3118.4 A notice of appeal may be submitted in person to the following address between the hours of 8:30 a.m. to 4:00 p.m., Monday through Friday, except legal holidays:

Department of Consumer and Regulatory Affairs Office of Civil Infractions

941 North Capitol Street, N.W., 9th floor

Washington, D.C. 20002

3118.5 A notice of appeal may be mailed to the following address:

Department of Consumer and Regulatory Affairs Office of Civil Infractions

941 North Capitol Street, N.W., 9th floor

Washington, D.C. 20002

3118.6 The Director shall transmit a notice of appeal, within one week of its receipt, to the appropriate board or commission along with a copy of the decision from which the appeal is taken.

3118.7 Appeals involving infractions of the Alcoholic Beverage Control Act, D.C. Code §25-101 et seq., or rules issued pursuant thereto shall be heard by the District of Columbia Alcoholic Beverage Control Board.

3118.8 Appeals involving infractions of laws or rules governing occupations or professions shall be heard by the appropriate occupational or professional board or commission.

3118.9 Appeals involving infractions of the Rental Housing Act of 1985, D.C. Code §§45-2501 et seq., or rules issued pursuant thereto shall be heard by the District of Columbia Rental Housing Commission.

3118.10 Appeals involving infractions of laws relating to zoning, D.C. Code §§5-601 et seq., and rules issued pursuant thereto, shall be heard by the District of Columbia Board of Zoning Adjustment.

3118.11 Appeals involving infractions of law and rules not within the scope of §§3118.7 to 3118.10 shall be within the jurisdiction of the Board of Appeals and Review.

3118.12 A respondent shall pay a filing fee of ten dollars ($10) plus the cost of preparing a transcript at the time a notice of appeal is filed.

3118.13 An administrative appeal filed by a respondent who has admitted an infraction with explanation shall be limited in scope to a determination of whether the monetary sanctions imposed were within the limitations prescribed by law.

3118.14 A final decision that has not been appealed within fifteen (15) calendar days from the date of service shall become a final order.

History

SOURCE: Final Rulemaking published at 34 DCR 5718, 5731 (September 4. 1987); as amended by Final Rulemaking published at 49 DCR 4995 (May 31, 2002).

16 DCMR § 3119 STAY PENDING APPEAL

3119.1 The timely filing of a notice of appeal shall not operate to stay the final decision of an ALJ.

3119.2 Upon motion of the respondent, an ALJ may stay the imposition of any sanction imposed pending appeal.

3119.3 A respondent who submits a motion pursuant to this section shall state the reasons supporting the motion and the facts relied upon. If the facts are subject to dispute, the motion must be supported by affidavits or other documents the veracity of which is sworn to by the respondent or other person submitting such facts.

3119.4 A respondent who submits a motion pursuant to this section shall attach a copy of the final decision sought to be stayed.

3119.5 A motion submitted pursuant to this section shall be delivered in person or postmarked within fifteen (15) days of the date of service of the final decision to the address set forth in §3118.4 or 3118.5.

History

SOURCE: Final Rulemaking published at 34 DCR 5718, 5733 (September 4, 1987).

16 DCMR § 3120 TRANSCRIPTS OF HEARINGS

3120.1 Transcripts of hearings may be ordered from the Director on a form prescribed by the Director.

3120.2 The fee for transcripts shall be three dollars and fifty cents ($3.50) per page.

3120.3 A person ordering a transcript shall submit a deposit of fifty dollars ($50) with the order.

3120.4 When the cost of a transcript has been determined to be less than the amount of the transcript deposit, the Director shall refund the amount by which the deposit exceeds the cost of the transcript.

3120.5 When the cost of a transcript is determined to exceed the amount of the transcript deposit, the person ordering the transcript shall pay the balance prior to the issuance of the transcript.

3120.6 The Director may waive all or part of the cost of a transcript in cases of financial hardship or other appropriate circumstances, as determined by the Director.

History

SOURCE: Final Rulemaking published at 34 DCR 5718, 5733 (September 4, 1987).

16 DCMR § 3121 COMPUTATION OF TIME

3121.1 In computing any period of time specified in this chapter, the day of the act, event, or default shall not be counted, and the last day of the period shall be counted unless it is a Saturday, Sunday, or legal holiday, in which event the time period shall continue until the next day that is not a Saturday, Sunday, or legal holiday.

3121.2 An ALJ may waive any of the prescribed time periods established in this chapter or the Act, if the respondent requests a waiver in writing within one year of the date of service of the infraction, and shows to the satisfaction of the ALJ why the time period should be waived.

History

SOURCE: Final Rulemaking published at 34 DCR 5718, 5734 (September 4, 1987).

16 DCMR § 3199 DEFINITIONS

3199.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Act - the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Law 6-42, D.C. Official Code §§2-1801 et seq.

Administrative Law Judge (ALJ) - a hearing examiner licensed to practice law in the District of Columbia and authorized to hear cases pursuant to the Act.

Day - a calendar day.

Director - the Director of the Department of Consumer and Regulatory Affairs, or a designee.

Final Order - an order of an administrative law judge or attorney examiner that disposes a case and that has not been appealed within fifteen (15) calendar days after the order has been served on the respondent.

Legal holiday - one of the following days:

(a) New Year's Day;

(b) Martin Luther King, Jr.'s Birthday;

(d) Memorial Day;

(e) Independence Day;

(f) Labor Day;

(g) Columbus Day;

(h) Veterans Day;

(i) Thanksgiving Day;

(j) Christmas Day;

(k) Any other day designated as a legal holiday by the President, the Congress, the Mayor or the Council of the District of Columbia, on the actual day the legal holiday is celebrated by the government of the District of Columbia; and

(l) Any other day on which the Department Of Consumer and Regulatory Affairs is officially closed.

Date of service - date on which a notice or order is personally served or delivered pursuant to §3102.1(a) or 3102.1(b), or five (5) days after the date on which a notice or order is mailed pursuant to §3102.1(c).

History

SOURCE: Final Rulemaking published at 34 DCR 5718, 5734 (September 4, 1987); as amended by Final Rulemaking published at 49 DCR 4995 (May 31, 2002).

16-32 CIVIL INFRACTIONS: CLASSES OF VIOLATION AND SCHEDULE OF FINES

16 DCMR § 3200 CLASSES OF INFRACTIONS

3200.1 The schedule of fines set forth in this chapter shall include the following classes:

(a) Class 1 - Egregious infractions that result from flagrant, fraudulent, or willful conduct, or unlicensed activity, or that are imminently dangerous to the health, safety, or welfare of persons within the District of Columbia;

(b) Class 2 - Other serious infractions that result from flagrant, fraudulent, or willful conduct, or unlicensed activity, or that are imminently dangerous to the health, safety, or welfare of persons within the District of Columbia;

(c) Class 3 - Infractions that involve a failure to comply with a law or rule requiring periodic renewal of licenses or permits, or infractions that are serious and have an immediate, substantial impact on the health, safety, or welfare of persons within the District of Columbia;

(d) Class 4 - Infractions that involve a failure to post required licenses or permits, or infractions that are minor, but have the potential to be hazardous to the health, safety, or welfare of persons within the District of Columbia; and

(e) Class 5 - Infractions that collectively create a nuisance but individually do not pose a threat to the health, safety, or welfare of persons within the District of Columbia.

(f) Class 6 – Infractions that involve the purchase, sale, exchange, or any other form of commercial transaction involving the sale of a synthetic drug in violation of D.C. Official Code § 47-2844(a-2)(1A).

3200.2 The schedule of fines may also include infractions that have not been classified in accordance with § 3200.1.

History

SOURCE: Final Rulemaking published at 46 DCR 6017 (July 23, 1999); as amended by Final Rulemaking published at 47 DCR 4617 (August 4, 2000); as amended by Final Rulemaking published at 47 DCR 6892 (August 25, 2000); as amended by Final Rulemaking published at 47 DCR 8091 (October 4, 2000); as amended by Final Rulemaking published at 47 DCR 9677 (December 8, 2000); as amended by Final Rulemaking published at 48 DCR 6656 (July 27, 2001); as amended by Final Rulemaking published at 48 DCR 7212 (August 3, 2001); as amended by Final Rulemaking published at 50 DCR 990 (January 31, 2003); as amended by Final Rulemaking published at 50 DCR 1514 (February 14, 2003); as amended by Final Rulemaking published at 51 DCR 7394 (July 30, 2004); as amended by Final Rulemaking published at 52 DCR 4903 (May 27, 2005); as amended by the Sale of Synthetic Drugs Amendment Act of 2016, effective February 18, 2017 (D.C. Law 21-0215; 63 DCR 15708 (December 23, 2016)). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3200

16 DCMR § 3201 FINE AMOUNTS

3201.1 The fines for the infractions specified in § 3200.1 shall be as follows:

(a) For Class 1 infractions, the fines are as follows:

(1) For the first offense $ 2,000;

(2) For the second offense $ 4,000;

(3) For the third offense $ 8,000;

(4) For the fourth and subsequent offenses $16,000;

(b) For Class 2 infractions, the fines are as follows:

(1) For the first offense $ 1,000;

(2) For the second offense $ 2,000;

(3) For the third offense $ 4,000;

(4) For the fourth and subsequent offenses $ 8,000;

(1) For the first offense $ 500;

(2) For the second offense $ 1,000;

(3) For the third offense $ 2,000;

(4) For the fourth and subsequent offenses $ 4,000;

(d) For Class 4 infractions, the fines are as follows:

(1) For the first offense $ 100;

(2) For the second offense $ 200;

(3) For the third offense $ 400;

(4) For the fourth and subsequent offenses $ 800;

(e) For Class 5 infractions, the fines are as follows:

(1) For the first offense $ 50;

(2) For the second offense $ 100;

(3) For the third offense $ 200;

(4) For the fourth and subsequent offenses $ 400;

(f) For Class 6 infractions, the fines are as follows:

(1) For the first offense $10,000;

(2) For the second and subsequent offenses $20,000.

3201.2 An infraction shall be a repeat infraction and shall carry the enhanced penalties set forth in § 3201.1 if:

(a) The infraction is a violation by the same person of the same provision of a law or rule committed within 3 years following the initial infraction; or

(b) The infraction is a violation by the same person within the same three-year (3 year) period and involves the same property, building or dwelling unit as the initial infraction and where both infractions involve a violation of any housing code provision or housing regulation of the Housing Regulations, Title 14 DCMR.

3201.3 An infraction committed by an individual acting as agent, partner, director, officer, or employee of a person shall be considered to have been committed by that person.

3201.4 For purpose of this title, the term "person" means corporations, firms, agencies, companies, associations, organizations, partnerships, societies, and joint stock companies, as well as individuals.

3201.5 When a Notice of Infraction is issued, and the infraction is for the violation of a law contained in an unenacted title of the D.C. Official Code, or any superseding official code, the Notice of Infraction may cite the D.C. Official Code, or any superseding official code, provision instead of the organic law citation cited in this title.

3201.6 The parenthetical language which follows the laws or regulations listed in this Title is only descriptive and the provisions of the cited law or regulation are controlling if there is any conflict between the cited law or regulation and the descriptive parenthetical language.

3201.7 The fine amounts for infractions classified under 16 DCMR §§ 3637, 3644, 3645, 3646, 3650, 3651, and 3662 shall be double the amounts provided in Subsection 3201.1. The revenue realized as a result of the increase in the fine grants under this subsection shall be deposited in the General Fund of the District of Columbia.

3201.8

(a) Beginning on January 1, 2018, a fine amount listed in § 3201 of Title 16 of the District of Columbia Municipal Regulations (16 DCMR § 3201.1), when assessed for an infraction listed in §§ 3301 through 3313 of Title 16 of the District of Columbia Municipal Regulations (16 DCMR § 3301 through 16 DCMR § 3313), shall be adjusted according to the most recent Consumer Price Index for All Urban Consumers in the Washington Metropolitan Statistical area, as published by the United States Bureau of Labor Statistics.

(b) Beginning on or after January 1, 2018, and on or after January 1 of every year thereafter, there shall be published in the District of Columbia Register a schedule of the fine amounts for each infraction listed in §§ 3301 through 3313 of Title 16 of the District of Columbia Municipal Regulations (16 DCMR § 3301 through 16 DCMR § 3313), as adjusted according to the most recent Consumer Price Index for All Urban Consumers in the Washington Metropolitan Statistical area, as published by the United States Bureau of Labor Statistics.

3201.9 The fine amounts for the following infractions shall be double the amounts provided in Subsection 3201.1, after adjusting for inflation pursuant to Subsection 3201.8:

(a) 16 DCMR § 3305.1(a). Any flagrant, fraudulent, or willful violation by a housing provider of any of the Housing Regulations, Subtitle A of Title 14 DCMR, that constitutes an imminent danger to the health or safety of any tenant or occupant of a housing unit or housing accommodation, or that imminently endangers the health, safety, or welfare of the surrounding community including, but not limited to, the interruption of electrical, heat, gas, water, or other essential services when the interruption results from other than natural causes, or any successor Class 1 infraction for any flagrant, fraudulent, or willful violation by a housing provider of any of the Housing Regulations, Title 14, that constitutes an imminent danger to the health or safety of any tenant or occupant of a housing unit or housing accommodation, or that imminently endangers the health, safety, or welfare of the surrounding community;

(b) 16 DCMR § 3305.1(b). Section 1 of An Act to Authorize the Commissioners of the District of Columbia to remove dangerous or unsafe buildings and parts thereof, and for other purposes, approved March 1, 1899 (30 Stat. 923; D.C. Official Code § 6-801)(failure to secure or repair an unsafe structure), or any successor Class 1 infraction for failure to secure or repair an unsafe structure;

(c) 16 DCMR § 3305.1(c). Section 3 of An Act to Authorize the Commissioners of the District of Columbia to remove dangerous or unsafe buildings and parts thereof, and for other purposes, approved March 1, 1899 (30 Stat. 923; D.C. Official Code § 6-803) (attempting to repair after expiration of allowed period, or interfering with authorized agents), or any successor Class 1 infraction for attempting to repair after expiration of allowed period, or interfering with authorized agents;

(d) 16 DCMR § 3305.1(d). Section 4 of An Act to Authorize the Commissioners of the District of Columbia to remove dangerous or unsafe buildings and parts thereof, and for other purposes, approved March 1, 1899 (30 Stat. 923; D.C. Official Code § 6-804) (allowing a nuisance to exist on any lot or parcel of land in the District of Columbia which affects the public health, comfort, safety, and welfare of citizens), or any successor Class 1 infraction for allowing a nuisance to exist on any ot of parcel of land in the District of Columbia which affects the public health, comfort, safety, and welfare of citizens;

(e) 16 DCMR § 3305.1(q). 14 DCMR § 1201.1 (failure to maintain an office or agent in the District of Columbia), or any successor Class 1 infraction for failure to maintain an office or agent in the District of Columbia;

(f) 16 DCMR § 3306.1.1(a). 12-A DCMR §§ 105.1, 105.1.1, and 105.1.3 (failure to obtain required permit; working without a required permit), or any successor Class 1 infraction for working without a required permit;

(g) 16 DCMR § 3306.1.1(b). 12-A DCMR § 105.1 (work or conditions exceeding scope of permit), or any successor Class 1 infraction for exceeding scope of permit;

(h) 16 DCMR § 3306.1.1(g). 12-A DCMR §§ 114.1, 114.1.1, 114.6, 114.7, and 114.9 (failure to comply with terms of a “Stop Work Order”), or any successor Class 1 infraction for failure to comply with terms of a “Stop Work Order”;

(i) 16 DCMR § 3306.1.1(h). 12-A DCMR § 114.3 (unauthorized removal of a posted stop work order), or any successor Class 1 infraction for unauthorized removal of a posted stop work order;

(j) 16 DCMR § 3306.1.1(i). 12-A DCMR § 115.5 (failure to comply with terms of posted “Unsafe Notice”), or any successor Class 1 infraction for failure to comply with terms of posted “Unsafe Notice”;

(k) 16 DCMR § 3306.1.1(p). 12-A DCMR § 115.1 (allowing/creating unsafe structures, conditions or equipment), or any successor Class 1 infraction for allowing or creating an unsafe structure, condition, or equipment; and

(l) 16 DCMR § 3306.1.1(q). 12-A DCMR § 115.3 (failure to comply with notice of unsafe structure or equipment), any successor Class 1 infraction for failure to comply with notice of unsafe structure or equipment.

History

SOURCE: Final Rulemaking published at 46 DCR 6017 (July 23, 1999); as amended by Final Rulemaking published at 47 DCR 4617 (August 4, 2000); as amended by Final Rulemaking published at 47 DCR 6892 (August 25, 2000); as amended by Final Rulemaking published at 47 DCR 8091 (October 4, 2000); as amended by Final Rulemaking published at 47 DCR 9677 (December 8, 2000); as amended by Final Rulemaking published at 48 DCR 6656 (July 27, 2001); as amended by Final Rulemaking published at 48 DCR 7212 (August 3, 2001); as amended by Final Rulemaking published at 50 DCR 990 (January 31, 2003); as amended by Final Rulemaking published at 50 DCR 1514 (February 14, 2003); as amended by Final Rulemaking published at 51 DCR 7394 (July 30, 2004); as amended by Final Rulemaking published at 52 DCR 4903 (May 27, 2005); as amended by the Fiscal Year 2010 Budget Support Act of 2009, effective March 3, 2010 (D.C. Law 18-111; 57 DCR 181, 210 (January 8, 2010)); as amended by the Sale of Synthetic Drugs Amendment Act of 2016, effective February 18, 2017 (D.C. Law 21-0215; 63 DCR 15708 (December 23, 2016)); as amended by the DCRA Infraction Fine Increase Amendment Act of 2017, enacted July 31, 2017 (D.C. Act 22-130; 64 DCR 7652 (August 11, 2017)). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3201

16-33 DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS (DCRA) INFRACTIONS

16 DCMR § 3300 ADMINISTRATIVE PROCEDURES AND SCHEDULE OF FINES APPLICABLE

3300.1 The civil infractions set forth in this chapter are subject to the provisions of Chapter 31 (Administrative Procedures) and Chapter 32 (Schedule of Fines) of this title.

History

SOURCE: Final Rulemaking published at 49 DCR 9857 (November 1, 2002); as amended by Final Rulemaking published at 52 DCR 4903 (May 27, 2005). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3300

16 DCMR § 3301 BUSINESS AND PROFESSIONAL LICENSING ADMINISTRATION INFRACTIONS

3301.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) D.C. Official Code § 47-2808 (crying or conducting an auction without a license endorsement);

(b) D.C. Official Code § 47-2814 (possessing explosives without a license; operating a wholesale fireworks business without a license endorsement);

(d) D.C. Official Code § 47-2815 (possessing pyroxlin without a license endorsement);

(e) D.C. Official Code § 47-2817 (operating a hand and power laundry without a license endorsement);

(f) D.C. Official Code § 47-2817 (operating a dry cleaning business without a license endorsement);

(g) D.C. Official Code § 47-2820(a) (operating a motion picture business without a license endorsement);

(h) D.C. Official Code § 47-2820(b) (operating a building in which skating rinks, fairs, carnivals, balls, dances, exhibitions, lectures, or entertainment of any description including theatrical or dramatic performances of any kind are conducted, for profit or gain, including a public hall or an amusement arcade, without a license endorsement);

(i) D.C. Official Code § 47-2821 (operating a bowling alley, billiard parlor or pool hall business without a license endorsement);

(j) D.C. Official Code § 47-2823 (operating grounds used for an athletic exhibition or amusement pack without a license endorsement);

(k) D.C. Official Code § 47-2826 (operating a special event without a license endorsement);

(l) D.C. Official Code § 47-2827 (selling food products without a license endorsement);

(m) D.C. Official Code § 47-2828 (engaging in the business of home improvement contracting without a license endorsement);

(n) D.C. Official Code § 47-2832 (operating a motor vehicle repair business without a license endorsement);

(o) D.C. Official Code § 47-2832.01 (operating a parking establishment business without a license endorsement);

(p) D.C. Official Code § 47-2834 (operating a street or public space vending business without a license endorsement);

(q) D.C. Official Code § 47-2835 (operating as a solicitor without a license endorsement);

(r) D.C. Official Code § 47-2836 (operating a tour guide Class A or Class B business without a license endorsement);

(s) D.C. Official Code § 47-2838 (dealing in dangerous or deadly weapons without a license endorsement);

(t) D.C. Official Code § 47-2839 (operating a private detective business or operating as a private detective without a license endorsement);

(u) D.C. Official Code § 47-2851.02 (engaging in business without a basic business license or proper license endorsement);

(v) D.C. Official Code § 47-2851.03a:

operating an automobile repossession business without a license endorsement;

operating as a motor vehicle dealer without a license endorsement;

operating an employment agency, employer paid personnel service, job listing service, employment counseling service or as an employment counselor without a license endorsement;

operating as a home improvement contractor without a license endorsement

operating as a motor vehicle sales person without a license endorsement;

engaging in the business of, or operating a bed and breakfast inn without a license endorsement;

engaging in the business of, or operating an automobile driving school without a license endorsement; or

engaging in the business of, or operating as a pawnbroker without a license endorsement.

(w) D.C. Official Code § 47-2851.03a (engaging in any business activity requiring licensure under D.C. Official Code § 47-2851.03a without a license endorsement);

(x) D.C. Official Code § 47-2853.02 (practicing, attempting to practice, or offering to practice any of the following occupations or professions without a valid license, certificate or registration:

i. Architect;

ii. Asbestos Worker;

iii. Barber;

iv. Certified Public Accountant;

v. Cosmetologist;

vi. Electrician;

vii. Interior Designer;

viii. Land Surveyor;

ix. Operating Engineer;

x. Plumber/Gasfitter;

xi. Professional Engineer;

xii. Property Manager;

xiii. Real Estate Appraiser;

xiv. Real Estate Broker;

xv. Real Estate Salesperson;

xvi. Refrigeration and Air Conditioning Mechanic; or

xvii. Steam Engineer);

(y) D.C. Official Code § 47-2883.01 (engaging in the home improvement business without proper bonding);

(z) D.C. Official Code § 47-2884.04 (operating as a pawn broker without proper bonding);

(aa) D.C. Official Code § 47-2885.19 (selling over-the-counter preparations (patent medicine) without a license);

(bb) D.C. Official Code § 47-2887.03(a) (acting as an athletic agent in the District of Columbia without holding a certificate of registration);

(cc) Section 6 of the District of Columbia Funeral Services Regulatory Act of 1984, effective May 22, 1984 (D.C. Law 5-84; D.C. Official Code § 3-405(e)) (operating a funeral establishment without a license endorsement);

(dd) Section 4 of the District of Columbia Solid Waste Facility Permit Act of 1995, effective Feb. 27, 1996 (D.C. Law 11-94; D.C. Official Code § 8- 1053)(operating a solid waste collection business without a license endorsement);

(ee) Section 15 of the Veterinary Practice Act of 1982, effective March 9, 1983 (D.C. Law 4-171; D.C. Official Code § 3-514) (engaging in prohibited veterinary acts);

(ff) Section 12 of the District of Columbia Funeral Services Regulatory Act of 1984, effective May 22, 1984 (D.C. Law 5-84; D.C. Official Code § 3-411) (engaging in prohibited funeral directing or servicing acts);

(gg) Section 7 of the Boxing and Wrestling commission Act of 1975 effective October 8, 1975 (D.C. Law 1-20; D.C. Official Code § 3-606(b)) (engaging or participating in a boxing or wrestling contest, match, or exhibition without a valid license or permit);

(hh) Section 6 of the Security and Fire Alarm Systems Regulation Act of 1980, effective Sept. 26, 1980 (D.C. Law 3-107; D.C. Official Code § 7-2805) (operating an alarm dealer and agent business without a license endorsement);

(ii) Section 4 of An Act To provide full and fair disclosure of the character of charitable, benevolent, patriotic, or other solicitations in the District of Columbia, approved July 10,1957 (71 Stat. 279; D.C. Official Code § 44-1703(a)) (engaging in the conduct of charitable solicitation without a certificate of registration); or

(jj) D.C. Official Code § 47-2851.03d(a) (operating a business without a general business license endorsement);

(kk) D.C. Official Code § 47-2851.03d(b) (operating a general contracting or construction management business without a general contractor/ construction manager license endorsement);

(ll) D.C. Official Code § 47-2832.02 (operating a business without a tire dealer business license);

(mm) D.C. Official Code § 48-902.04 (schedule I synthetic drugs); or

(nn) D.C Official Code § 48-902.08 (schedule III synthetic drugs).

3301.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) D.C. Official Code § 47-2853.17 (employing an unlicensed person to engage in any occupation or profession that is regulated pursuant to D.C. Official Code § 47-2853.04);

(b) D.C. Official Code § 47-2853.26 (representing to the public by title, description of services, methods, or procedures, or otherwise that the person is authorized to practice any occupation or profession that is regulated pursuant to D.C. Official Code § 47-2853.04);

(c) Employment Services Licensing and Regulation Act of 1984, effective March 13, 1985 (D.C. Law 5-136; D.C. Official Code § 32-401 et seq., except § 32-402(a)) (violation of any provision of the Employment Services Licensing and Regulation Act of 1984, D.C. Law 5-136, or rule issued pursuant thereto, except section 3(a); (D.C. Official Code § 32-402(a));

(d) Automobile Consumer Protection Act of 1984, effective March 14, 1985 (D.C. Law 5-162; D.C. Official Code § 50-501 et seq.) (violation of any provision of the Automobile consumer Protection Act of 1984, or rule issued pursuant thereto).

(e) D.C. Official Code § 47-2832.02(c) and 17 DCMR § 802.1 (storage of more than five hundred (500) waste tires); or

(f) 17 DCMR § 803 (failure to establish and maintain a contractual agreement with a waste tire hauler for the removal of waste tires).

3301.3 Violation of any of the following provisions shall be a Class 3 infraction:

17 DCMR § 805 (failure to establish and maintain an emergency plan).

3301.4 Violation of any of the following provisions shall be a Class 4 infraction:

17 DCMR § 804 (failure to prepare an annual report).

3301.5 Violation of any of the following provisions shall be a Class 1 infraction:

D.C. Official Code § 48-902.04 (sell, offer for sale, allow the sale of, display for sale, possess, market, trade, barter, give, devise or otherwise make or attempt to make available synthetic drugs from schedule I).

D.C. Official Code § 48-902.08 (sell, offer for sale, allow the sale of, display for sale, possess, market, trade, barter, give, devise or otherwise make or attempt to make available synthetic drugs from schedule III).

History

SOURCE: Final Rulemaking published at 51 DCR 1267 (January 30, 2004); as amended by Final Rulemaking published at 52 DCR 4908 (May 27, 2005); as amended by Final Rulemaking published at 56 DCR 3102 (April 24, 2009); as amended by Final Rulemaking published at 60 DCR 15224 (November 1, 2013); as amended by Final Rulemaking published at 62 DCR 5491 (May 1, 2015). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3301

16 DCMR § 3302 CORPORATION DIVISION INFRACTIONS

3302.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) Submitting a document pursuant to the District of Columbia Official Code Title 29 (Business Organizations) Enactment Act of 2010, effective July 11, 2011 (D.C. Law 18-378; D.C. Official Code §§ 29-101.01, et seq.) (the Act) and the document contains a false statement;

(b) Operating in the District:

(1) As a domestic business corporation or professional corporation and without articles of incorporation filed under D.C. Official Code § 29-302.02 (2011 Repl.);

(2) As a domestic nonprofit corporation and without articles of incorporation filed under D.C. Official Code § 29-402.02 (2011 Repl.);

(3) As a domestic limited liability partnership and without a statement of qualification filed under D.C. Official Code § 29-610.01 (2011 Repl.);

(4) As a domestic limited partnership and without a certificate of limited partnership filed under D.C. Official Code § 29-702.01 (2011 Repl.);

(5) As a domestic limited liability company and without a certificate of organization filed under D.C. Official Code § 29-802.01 (2011 Repl.);

(6) As a domestic general cooperative association and without articles of incorporation filed under D.C. Official Code § 29-906 (2011 Repl.);

(7) As a domestic limited cooperative association and without articles of organization filed under D.C. Official Code § 29-1003.02 (2011 Repl.); or

(8) As a domestic statutory trust and without a certificate of trust filed under D.C. Official Code § 29-1202.01 (2011 Repl.);

Without having obtained a certificate of registration under D.C. Official Code § 29-105.02 (2011 Repl.); or

After its certificate of registration has been terminated under D.C. Official Code § 29-105.11 (2011 Repl.); and

(d) Operating in the District under the jurisdiction of the Act, but after the business organization has been dissolved, whether voluntarily, judicially, or administratively; provided, that this subsection shall not apply if the dissolution has been revoked or the business organization has been reinstated in accordance with the Act.

3302.2 Violation of any of the following provisions shall be a Class 3 infraction:

(a) Failure to appoint and maintain a registered agent under D.C. Official Code § 29-104.02 (2011 Repl.):

(1) As a domestic filing entity;

(2) As a domestic limited liability partnership that does not maintain a place of business in the District; or

(3) As a qualified foreign entity; and

(b) Failure to register a trade name with the Department of Consumer and Regulatory Affairs under D.C. Official Code § 47-2855.02 (2005 Repl.):

As a general partnership;

As a foreign or domestic limited partnership;

As a foreign or domestic limited liability company; or

As a foreign or domestic corporation.

History

SOURCE: Final Rulemaking published at 52 DCR 4908 (May 27, 2005); as amended by Final Rulemaking published at 59 DCR 8162 (July 6, 2012). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3302

16 DCMR § 3303 DCRA OFFICE OF INVESTIGATION - WEIGHTS AND MEASURES INFRACTIONS

3303.1 Violation of any of the following provisions shall be a Class 1 infraction:

Chapter 118, Section 32a of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, effective December 7, 2004 (D.C. Law 15-205; D.C. Official Code § 37-201.33) (operating a weighing or measuring device without payment of the registration and inspection fee);

(b) Chapter 118, Section 3, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, approved March 3, 1921 (41 Stat. 1218; D.C. Official Code § 37-201.03(a)) (use of any weighing device that has not been inspected and approved);

Chapter 118, Section 4, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, approved March 3, 1921 (41 Stat. 1218; D.C. Official Code § 37-201.04) (use of any weighing device that has been altered without inspection and approval or after altering any tag or label attached thereto without the permission of the Director);

(d) Chapter 118, Section 5, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, approved March 3, 1921 (41 Stat. 1218; D.C. Official Code § 37-201.05) (obstruction of inspection);

(e) Chapter 118, Section 20 of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, approved March 3, 1921 (41 Stat. 1223; D.C. Official Code § 37-201.20) (use of a pump or similar device which does not measure correctly);

(f) Chapter 118, Section 22, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, approved March 3, 1921 (41 Stat. 1224; D.C. Official Code § 37-201.22) (refusing inspection);

(g) Chapter 118, Section 18a of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, approved March 3, 1921 (41 Stat. 1223; D.C. Official Code § 37-201.18a-1) (sale of nonconforming automotive fuel or use of nonconforming service dispensing system, storage tank or other dispensing device).

3303.2 22 DCMR § 1910.2(d), Failure of a pharmacy to maintain a prescription balance, shall be a Class 2 infraction.

3303.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) Chapter 118, Section 7, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1219; D.C. Official Code § 37-201.07) (selling commodities short measured);

(b) Chapter 118, Section 8, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1219; D.C. Official Code § 37-201.08) (selling commodities short weight);

(c) Chapter 118, Section 9, of An. Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1219; D.C. Official Code § 37-201.09) (failure to maintain vending machine);

(d) Chapter 118, Section 10, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1219; D.C. Official Code § 37-201.10) (giving improper sales ticket);

(e) Chapter 118, Section 11, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1219; D.C. Official Code § 37-201.119(c)) (non-compliance with request for delivery ticket, product weight or vehicle weight for the sale of coal, charcoal or coke);

(f) Chapter 118, Section 11, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1219; D.C. Official Code § 37-201.11(f)) (failure to display name and address on coal, charcoal or coke delivery vehicle);

(g) Chapter 118, Section 12, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1220; D.C. Official Code § 37-201.12) (failure to sell ice by weight or failure to maintain scale on delivery vehicle);

(h) Chapter 118, Section 13, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1220; D.C. Official Code § 37-201.13) (failure to maintain proper printings and markings);

(i) Chapter 118, Section 14, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1221; D.C. Official Code § 37-201.14(a)) (selling frozen or fluid dairy products improperly measured or labeled);

(j) Chapter 118, Section 14, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1221; D.C. Official Code § 37-201.14(b)) (improperly labeled milk varieties);

(k) Chapter 118, Section 15, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1221; D.C. Official Code § 37-201.15) (selling fruits, vegetables or dry commodities in either non-standard containers, incorrect weight or incorrect count);

(l) Chapter 118, Section 16, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1223; D.C. Official Code § 37-201.16) (use of prohibited containers for dry measure);

(m) Chapter 118, Section 16, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1223; D.C. Official Code § 37-201.16(a)) (failure to provide quantity markings on food package);

(n) Chapter 118, Section 17, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1223; D.C. Official Code § 37-201.17) (not selling fire wood in proper measurements);

(o) Chapter 118, Section 18, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1223; D.C. Official Code § 37-201.18) (using non-standard liquid measurements);

(p) Chapter 118, Section 19, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1223; D.C. Official Code § 37-201.19) (selling oysters short measured or selling fish, meat, butter or cheese by means other than avoirdupois weight);

(q) Chapter 118, Section 21, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1224; D.C. Official Code § 37-201.21) (failure to sell by prorate quantity); or

(r) Violation of any provision of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (Chapter 118, 41 Stat. 1217; D.C. Official Code §§ 37-201.01 et seq.), or rule issued pursuant to that Act which provision or rule is not cited elsewhere in this section, shall be a class 3 infraction.

History

SOURCE: Final Rulemaking published at 52 DCR 4908 (May 27, 2005); as amended by Final Rulemaking published at 62 DCR 3023 (March 13, 2015); as amended by Final Rulemaking published at 63 DCR 4071 (March 18, 2016). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3303

16 DCMR § 3304 TOWING SERVICE FOR MOTOR VEHICLES INFRACTIONS

3304.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) 16 DCMR § 401.2 (failure to permit inspection by an authorized government official, including inspecting and photographing of towing equipment, tow trucks, towing storage lots, logs and documents related to towing services initiated in the District);

(b) 16 DCMR § 401.3 (failure to permit inspection of a towing service storage lot by officials of DCRA and other authorized government agencies);

(d) 16 DCMR § 401.5 (failure to surrender records upon lawful demand by an authorized government official);

(e) 16 DCMR § 401.6 (submitting towing service records that were created after demand for inspection by an authorized government official; or, creating towing service records after an authorized government official demands an inspection);

(f) 16 DCMR § 402.1 (owning a towing business without proper licensure);

(g) 16 DCMR § 402.2 (owning a towing service storage lot without proper licensure);

(h) 16 DCMR § 403.2 (unauthorized operation of a tow truck, or operating an unlicensed tow truck);

(i) 16 DCMR § 405.1 (failure to locate secured storage lot in the District of Columbia; or, failure to provide descriptive signage on lot; or, failure to comply with other District laws and regulations; or, failure to comply with District zoning rules);

(j) 16 DCMR § 406.3 (failure to obtain a towing control number before initiating a public tow);

(k) 16 DCMR § 406.7 (towing from private property without consent of the owner and without a citation for the vehicle issued by law enforcement personnel; or, towing from private property without being directed by a police officer in an emergency; or, failure to comply with provisions of D.C. Official Code §§ 50-2651 through 50-2654 (2001));

(l) 16 DCMR § 408.1 (charging rates for public tows that exceed rates specified in the Director's Schedule of Maximum Rates in § 408.1);

(m) 16 DCMR § 408.2 (charging rates for private tows that exceed rates specified in the towing business' Basic Business License Endorsement Application);

(n) 16 DCMR § 409.3 (charging for services not provided);

(o) 16 DCMR § 410.1 (operating or offering to engage in the towing business without valid licensure; or, operating a towing storage lot without valid licensure);

(p) 16 DCMR § 410.6 (charging more than one towing fee for towing to a repair facility owned or operated by person or entity conducting tow);

(q) 16 DCMR § 410.9 (soliciting or providing unauthorized towing service at the scene of an accident);

(r) 16 DCMR § 410.11 (failure to provide an itemized receipt for charges related to towing or storing of a vehicle);

(s) 16 DCMR § 410.14 (failure to surrender suspended, revoked or canceled license or endorsement);

(t) 16 DCMR § 410.16 (permitting the unlawful use of a towing license or endorsement; or, the unlawful use of a towing license or endorsement);

(u) 16 DCMR § 411.3 (failure to appear when summoned by the Director);

(v) 16 DCMR § 411.8 (performing towing services, including operating a towing service storage lot, without a license or endorsement; or, performing towing services, including operating a towing service storage lot, with a license that has been revoked, cancelled or suspended); or

(w) 16 DCMR § 411.9 (failure to remove accident debris from roadway before towing a vehicle involved in a collision).

3304.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 16 DCMR § 402.4(c) (failure to report discontinuance of availability of towing service storage lot to Director at least ten (10) days prior to discontinuance of availability);

(b) 16 DCMR § 402.6 (failure to update information provided in an application for a license or endorsement to DCRA within fourteen (14) days of change);

(c) 16 DCMR § 402.7 (failure to identify person with financial interest in towing business or towing service storage lot);

(d) 16 DCMR § 402.8 (owning or operating a towing business or truck, or towing service storage lot within five (5) years of specified auto related misdemeanor or felony);

(e) 16 DCMR § 403.1 (operating or using a tow truck without an authorized unique identifier);

(f) 16 DCMR § 403.4 (failure to display license in manner specified by the Director);

(g) 16 DCMR § 404.1 (failure to maintain at least one fully equipped and licensed tow truck);

(h) 16 DCMR § 404.2 (failure to mark cab of tow truck with trade name, primary location and primary telephone number, as specified);

(i) 16 DCMR § 404.3 (failure to mark cab of tow truck with private towing and storage fees, as specified);

(j) 16 DCMR § 404.4 (failure to mark cab of tow truck with alphanumeric identifier, as specified);

(k) 16 DCMR § 404.5 (failure to equip tow truck with operable communication system, as specified; or, failure to produce a current permit and license, as required, to operate the communications system);

(l) 16 DCMR § 404.11 (improper use of equipment while towing; or, towing without manufacturer's minimally specified equipment for a particular vehicle);

(m) 16 DCMR § 406.4 (failure to provide information to Department of Public Works (DPW) before initiating a tow from private real property);

(n) 16 DCMR § 408.3 (failure to submit documentary evidence to Director within seventy-two (72) hours after collecting extra charges under extraordinary circumstances; or, failure to provide a refund of disapproved charges within seventy-two (72) hours of receipt of notice of disapproval);

(o) 16 DCMR 408.4 (towing storage lot failure to remain open as required for the reclaiming of vehicles);

(p) 16 DCMR § 408.5 (charging for towing service, in response to a dispatch, after authorized official determines that service is not required; or, failure to notify DPW that a public tow has been discontinued);

(q) 16 DCMR § 408.6 (failure to discontinue tow and release vehicle upon request by owner/operator and after payment of lawful rate (and concurrence of requesting official, if present; or, failure to notify DPW that a tow has been discontinued);

(r) 16 DCMR § 408.8 (failure to accept lawful payment for towing services rendered);

(s) 16 DCMR § 408.10 (performing repair work on a public tow vehicle without written consent of the owner or owner's agent);

(t) 16 DCMR § 409.4 (failure to exhibit statements or receipts upon request; or, failure to retain statements and receipts for three (3) years from date of issuance);

(u) 16 DCMR § 409.6 (assessing charges for providing unnecessary services; or, assessing charges for the use of unnecessary equipment);

(v) 16 DCMR § 409.7 (failure to release vehicle after tender of lawful payment by owner or owner's agent);

(w) 16 DCMR § 410.3 (unauthorized removal of vehicle involved in accident);

(x) 16 DCMR § 410.8 (installing or maintaining a receiver capable of tuning to MPD radio frequencies);

(y) 16 DCMR § 410.10 (depositing a vehicle that is inoperable or in disrepair upon public space, without direction from an authorized official; or, depositing a vehicle that is inoperable or in disrepair upon private property without permission of the owner of the property);

(z) 16 DCMR § 410.18 (towing vehicles in the District of Columbia without current insurance coverage, as required); or

(aa) 16 DCMR § 411.11 (failure to provide documentary proof of current insurance coverage, upon the request of any District government official).

3304.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 16 DCMR § 400.8 (failure to provide insurance information, upon request by the owner or operator of a towed vehicle, as requested);

(b) 16 DCMR § 405.3 (failure to contact DPW with required information prior to releasing a public tow vehicle);

(c) 16 DCMR § 405.7 (failure to provide "Owner's Bill of Rights for Towed Vehicles" to vehicle owner or operator on the scene before a tow; or, failure to post "Owner's Bill of Rights for Towed Vehicles" at towing service storage lot);

(d) 16 DCMR § 406.3 (failure to display towing control number as prescribed by DPW; or, failure to use towing control number on documents related to the tow);

(e) 16 DCMR § 406.5 (failure to obtain towing control number after emergency; or, failure to provide information as required after an emergency);

(f) 16 DCMR § 406.8 (failure to assume responsibility for loss or damaged sustained as a result of a public tow; or, failure to provide appropriately trained personnel to tow vehicles);

(g) 16 DCMR § 407.2 (initiating the private tow of a vehicle without obtaining written consent, as specified);

(h) 16 DCMR § 408.7 (failure to release vehicle to authorized person when presented with proof of personal identification and lawful payment);

(i) 16 DCMR § 408.9 (failure to provide Owner's Bill of Rights for Towed Vehicles upon release of vehicle; or, failure to provide legal authority for towing of vehicle, including towing control number; or, failure to provide itemized charges; or, failure to provide a receipt);

(j) 16 DCMR § 409.1 (for private tow: failure to furnish an itemized estimate of charges; or, failure to furnish an itemized estimate of charges on approved form; or, failure to obtain signature of owner or operator before initiating tow);

(k) 16 DCMR § 409.3 (failure to document actual amount paid; or, failure to sign receipt);

(l) 16 DCMR § 410.4 (soliciting or requiring repair work as a condition for towing of vehicle);

(m) 16 DCMR § 410.5 (removing a vehicle from the scene of an accident or event and depositing it upon public space, without direction from a police officer);

(n) 16 DCMR § 410.7 (towing to a repair facility without prior written consent); or

(o) 16 DCMR § 410.17 (failure to perform tow in accordance with vehicle manufacturer's instructions; or, failure to perform a tow in accordance with the tow crane manufacturer's instructions).

3304.4 Violation of any of the following provisions shall be a Class 4 infraction:

(a) 16 DCMR § 405.2(b), (c), (d) (failure to maintain a log; or, failure to properly record entries in log; or, failure to retain log for inspection three (3) years after last entry);

(b) 16 DCMR § 408.11 (using an improper form to obtain consent for repair work on a public tow vehicle);

(d) 16 DCMR § 410.2 (misrepresentation); or

(e) 16 DCMR § 411.10 (failure to report the presence of alleged hazardous materials, as required).

3304.5 Violation of any of the following provisions shall be a Class 5 infraction:

(a) 16 DCMR § 404.6 (failure to maintain tie-down devices, chains, or straps, as specified);

(b) 16 DCMR § 404.7 (engaging in recovery towing without proper equipment, as specified);

(d) 16 DCMR § 404.9 (operating wheel lift tow truck without proper equipment, as specified);

(e) 16 DCMR § 404.10(a-h) (failure to maintain equipment in good working order);

(f) 16 DCMR § 405.4 (failure to clearly designate or identify towing business assigned to each apportioned section);

(g) 16 DCMR § 405.5 (failure to clearly designate storage spaces; or, failure to clearly identify towing business assigned to each space in an apportioned section); or

(h) 16 DCMR § 410.13 (failure to allow inspection of vehicle before receiving payment of fees; or, failure to allow inspection before release of vehicle).

History

SOURCE: Final Rulemaking published at 52 DCR 4903 (May 27, 2005). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3304

16 DCMR § 3305 HOUSING INSPECTION DIVISION INFRACTIONS

3305.1 Violation of the following provision shall be a Class 1 infraction:

(a) Any flagrant, fraudulent, or willful violation by a housing provider of any of the Housing Regulations, Title 14 DCMR, that constitutes an imminent danger to the health or safety of any tenant or occupant of a housing unit or housing accommodation, or that imminently endangers the health, safety or welfare of the surrounding community including, but not limited to, the interruption of electrical, heat, gas, water, or other essential services when the interruption results from other than natural causes;

(b) Section 1 of An Act To authorize the Commissioners of the District of Columbia to remove dangerous or unsafe buildings and parts thereof, approved March 1, 1899 (41 Stat. 1218; D.C. Official Code § 6-801) (failure to secure or repair an unsafe structure);

(c) Section 3 of An Act To authorize the Commissioners of the District of Columbia to remove dangerous or unsafe buildings and parts thereof, (D.C. Official Code § 6-803) (attempting to repair after expiration of allowed period, or interfering with authorized agents);

(d) Section 4 of An Act To authorize the Commissioners of the District of Columbia to remove dangerous or unsafe buildings and parts thereof, (D.C. Official Code § 6-804) (allowing a nuisance to exist on any lot or parcel of land in the District of Columbia which affects the public health, comfort, safety and welfare of citizens);

(e) 14 DCMR § 103.2 (removal of placard by an unauthorized person);

(f) 14 DCMR § 402.4 (permitting a sleeping facility to be located in a room with a furnace, open flame, space heater, domestic water heater, or gas meter);

(g) 14 DCMR § 404.4 (failure to obtain a permit for building alterations and conform to requirements of the International Code Council (ICC) International Building Code and Title 12 of the District of Columbia Municipal Regulations, the Construction Codes Supplement of 2003);

(h) 14 DCMR § 704.1 (permitting to exist on premises a foundation or structural member that fails to provide a safe, firm and substantial base and support for the structure at all points);

(i) 14 DCMR § 901.1 (failure to maintain fire extinguishing equipment in an operable condition);

(j) 14 DCMR § 901.2 (failure to maintain fire proofing or fire protective construction in a good state of repair);

(k) 14 DCMR § 902.1 (failure to maintain an egress facility in a good state of repair);

(l) 14 DCMR § 902.3 (failure to maintain a fire door in an openable condition);

(m) 14 DCMR § 902.4 (failure to maintain a public or exit corridor free of obstruction);

(n) 14 DCMR § 904.1 (failure to maintain a fire alarm system in an operable condition);

(o) 14 DCMR § 904.4 (failure to properly install a smoke detector or otherwise comply with the Smoke Detector Act of 1978, effective June 20, 1978 (D.C. Law 2-81; D.C. Official Code §§ 6-751.01 et seq.);

(p) 14 DCMR § 1115.4 (permitting the employment of a food handler afflicted with a communicable disease);

(q) 14 DCMR § 1201.1 (failure to maintain an office or agent in the District of Columbia);

(r) 14 DCMR § 1401.1 (permitting the use of a structure for other than a one- family dwelling without a valid Certificate of Occupancy); or

(s) Any infraction listed in § 3305.2 that has not been abated within six (6) months of the issuance of a notice of violation.

3305.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 14 DCMR § 103.3 (permitting the occupancy of an apartment or tenement thirty (30) days or more after the posting of a placard);

(b) 14 DCMR § 104.1 (refusal to permit any designated agent of the District entry into the premises);

(d) 14 DCMR § 400.1 (permitting the occupancy of any habitation in violation of 14 DCMR, Chapter 4);

(e) 14 DCMR § 400.7 (renting a habitation in a building in which noxious gases or offensive odors are generated by a commercial activity);

(f) 14 DCMR §§ 402.1 to 402.3 (failure to comply with occupancy requirements);

(g) 14 DCMR § 403.1 (unlawful use of uninhabitable rooms);

(h) 14 DCMR § 500.1 (failure to provide adequate heating, ventilating, or lighting facility);

(i) 14 DCMR § 501.2 (failure to provide and maintain a heating facility capable of maintaining a temperature of seventy degrees Fahrenheit (70° F) in a building or part of a building used for habitation);

(j) 14 DCMR § 501.4 (failure to supply sufficient heat);

(k) 14 DCMR § 501.6 or 501.7 (failure to comply with the inspection, correction of defects and certification requirements);

(l) 14 DCMR § 510 (failure to comply with a requirement concerning air conditioning maintenance);

(m) 14 DCMR § 600.1 (failure to provide required facilities, utilities and fixtures);

(n) 14 DCMR § 600.3 (failure to provide utility service);

(o) 14 DCMR § 606.3 or 606.4 (failure to comply with the inspection, correction of defects and certification requirements);

(p) 14 DCMR § 701.3 (failure to use a repair material of suitable kind or quality, or to perform or repair in a workmanlike manner);

(q) 14 DCMR § 702.2 (failure to maintain smoke pipe or chimney which is adequately supported and free from leakage or obstruction);

(r) 14 DCMR § 702.4 (permitting to exist on premises a chimney on which the total area of all flue openings exceeds the net area of the flue);

(s) 14 DCMR § 707.1 (failure to comply with the requirements concerning the removal and repainting of loose or peeling wall covering or paint on interior surfaces);

(t) 14 DCMR § 707.3 (permitting an unlawful quantity of lead to be present on an interior or exterior surface of a residential premise);

(u) 14 DCMR § 707.5 (failure to remove peeling or flaking paint and to make the surface tight on inaccessible exterior surfaces);

(v) 14 DCMR § 707.6 (failure to obtain compliance certification from DCRA prior to refinishing that the conditions affecting the surface has been abated in accordance with these regulations);

(w) 14 DCMR § 707.7 (failure to comply with an order to abate issued pursuant to the provisions of 14 DCMR § 707.4);

(x) 14 DCMR § 708.5 (failure to install or maintain required porch balustrade or other guard);

(y) 14 DCMR § 903.1 (failure to maintain an exit or emergency light in an operable condition);

(z) 14 DCMR § 903.2 (failure to maintain a lighted exit or emergency light);

(aa) 14 DCMR § 904.2 (failure to provide or maintain a sign concerning the operation of the local fire alarm system at each striking station);

(bb) 14 DCMR § 904.3 (failure to properly post and maintain a sign concerning fires);

(cc) 14 DCMR § 905.1 (permitting a rag or refuse material to be deposited or remain in a dwelling);

(dd) 14 DCMR § 905.2 (failure to maintain premises free of combustible refuse or debris, accumulated grease, or oil spillage);

(ee) 14 DCMR § 905.3 (permitting the accumulation of combustible junk);

(ff) 14 DCMR § 906.2 (permitting the installation or maintenance of a heating or cooking facility in violation of District law);

(gg) 14 DCMR § 906.5 (failure to connect an oil heater to a flue or install an oil heater in compliance with the Fire Prevention Code);

(hh) 14 DCMR § 906.5 (permitting the placement of ashes in a combustible receptacle, or on or against a combustible material);

(ii) 14 DCMR § 906.7 (failure to maintain an incinerator, shaft, spark arrestor or hopper door in a fire-safe condition);

(jj) 14 DCMR § 906.8 (failure to maintain a gas meter room free from combustible material or to properly ventilate a gas meter room);

(kk) 14 DCMR § 1001.1 (failure to designate a manager or other person who is responsible for the premises);

(ll) 14 DCMR § 1001.2 (failure of the designated manager to reside on the premises and have complete charge of the premises);

(mm) 14 DCMR § 1003.4 (failure to ensure access to a rooming unit at any reasonable hour);

(nn) 14 DCMR § 1004.3 or 1114.1 (failure to conspicuously color a preparation used for exterminating vermin, or store such a preparation in a container clearly labeled "POISON");

(oo) 14 DCMR § 1004.3 or 1114.2 (permitting a container of poison to be placed with a receptacle containing a food substance);

(pp) 14 DCMR § 1111.1 (permitting the storage or display of food or drink which is not protected from contamination);

(qq) 14 DCMR § 1113.3 (permitting the storage or service of shellfish from a source not approved by the U.S. Public Health Service);

(rr) 14 DCMR § 1114.3 (permitting the use of a substance containing poison to clean or polish eating or cooking utensils);

(ss) 14 DCMR § 1205.1 (failure to maintain elevators in good working order);

(tt) 14 DCMR § 1301.1 (failure to designate a manager or other person who shall superintend the operation of a hotel or motel); or

(uu) Any infraction listed in § 3305.3 that has not been abated within six (6) months of the issuance of a notice of violation.

3305.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 14 DCMR § 220.1(b) (failure to pay reinspection fee for routine housing inspections);

(b) 14 DCMR § 400.2 (failure to advice the tenant of the maximum number of occupants permitted in the habitation);

(d) 14 DCMR § 400.4 (owner fails to provide and maintain the required facilities, utilities and services);

(e) 14 DCMR § 400.8 (permitting the use of a structure as a tenement unit or tenement house);

(f) 14 DCMR § 405.2 (permitting more than fifty percent (50%) of the total habitable space in a room having a sloping ceiling);

(g) 14 DCMR § 405.3 (failing to comply with a requirement concerning ceiling height in a habitable room);

(h) 14 DCMR § 405.4 (habitable room does not have a minimum clear head room of six feet eight inches (6 ft. 8 in.) under pipes or other construction projects);

(i) 14 DCMR § 406 (permitting the subdivision of a habitable room in violation of 14 DCMR § 406);

(j) 14 DCMR § 404.1 (permitting any room with more than fifty percent (50%) of any exterior wall area to be used as a habitable room);

(k) 14 DCMR § 404.3 (failure to comply with the requirements of this section when altering any building in existence prior to June 9, 1960);

(l) 14 DCMR § 404.5 (areaways constructed on buildings erected after June 9, 1960, does not comply with requirements of the International Code Council (ICC) International Building Code and Title 12 of the District of Columbia Municipal Regulations, the Construction Codes Supplement of 2003 and Zoning Regulations);

(m) 14 DCMR § 500.2 (failure to properly or safely install, or maintain in a safe and working condition, a required facility);

(n) 14 DCMR § 501.1 (failure to provide and maintain adequate eating facilities);

(o) 14 DCMR § 501.3 (providing a heating facility that does not permit the temperature to be maintained at or below the maximums established by 14 DCMR § 501.3);

(p) 14 DCMR § 502 (failure to comply with a lighting requirement for habitable rooms);

(q) 14 DCMR § 503.1 (failure to maintain a yard surrounding a habitation free of light obstruction);

(r) 14 DCMR § 504.1 (failure to provide or maintain adequate bathroom lighting);

(s) 14 DCMR § 505.2 (failure to provide or maintain required artificial illumination of a hallway or stair);

(t) 14 DCMR § 506.1 (failure to provide required natural or mechanical ventilation for each habitable room);

(u) 14 DCMR § 506.3, 506.4, 506.5, 506.8, or 506.9 (failure to comply with a requirement concerning the ventilation of habitable rooms);

(v) 14 DCMR § 506.7 (failure to provide or maintain required openable area in case of mechanical ventilation failure);

(w) 14 DCMR § 506.10 (permitting a prohibited recirculation of air);

(x) 14 DCMR § 506.11 (permitting air from prohibited locations to be drawn into a habitable room);

(y) 14 DCMR § 509.1 (permitting a prohibited obstruction of ventilation);

(z) 14 DCMR § 600.2 (failure to properly install each facility, utility, or fixture);

(aa) 14 DCMR § 600.4 (failure to maintain in a safe and good working condition a facility for cooling, storing, or refrigerating food);

(bb) 14 DCMR § 601 (failure to comply with a requirement concerning plumbing facilities);

(cc) 14 DCMR § 602.1 (failure to provide a lavatory, water closet and bathing facilities for each dwelling unit);

(dd) 14 DCMR § 602.2 or 602.3 (failure to provide a sufficient number of bathing facilities);

(ee) 14 DCMR § 606.1 or 606.2 (failure to comply with a requirement concerning water heating facilities);

(ff) 14 DCMR § 701.1 (failure to maintain all structures located on a premise in a sanitary and structurally sound condition);

(gg) 14 DCMR § 702.1 (failure to maintain a roof so that it does not leak, and so that rain water is properly drained there from);

(hh) 14 DCMR § 702.6 (failure to provide a flue opening with a flue crock, or with a metal or masonry thimble);

(ii) 14 DCMR § 705.6 (permitting to exist on premises a window, window frame, door, or door frame which does not completely exclude rain and substantially exclude wind);

(jj) 14 DCMR §§ 708.1 to 708.4, §§ 708.7 to 708.9, or § 708.11 (failure to comply with a requirement concerning stairways, steps, guardrails, or porches);

(kk) 14 DCMR, Chapter 8 (failure to comply with a requirement concerning the cleanliness and sanitation of premises occupied for residential purposes);

(ll) 14 DCMR § 800.9 (premises creates a danger to the health, welfare or safety of the occupants, public and/or constitute a public nuisance;

(mm) 14 DCMR § 800.10 (serious prohibited vegetative growth, for example, grass or weeds exceeding ten inches (10 in.) in height, creating a harbor for rodents, or shrubbery that is a detriment to the health, safety, or welfare of the public);

(nn) 14 DCMR § 800.13 (serious accumulation of trash, rubbish, or garbage in or on any premises shall constitute an insanitary and unhealthy condition);

(oo) 14 DCMR § 900.2 (failure to afford protection against accident to a person in or about premises on which there is an unoccupied or uncompleted building);

(pp) 14 DCMR § 901.3 (failure to submit fire inspection report or correct cited violations);

(qq) 14 DCMR § 905.4 (permitting the accumulation of combustible junk);

(rr) 14 DCMR § 907.1 (failure to properly notify the Fire Department of a fire);

(ss) 14 DCMR § 1003.1 or 1003.2 (failure to provide an entrance door lock or key thereto);

(tt) 14 DCMR § 1003.3 (failure to retain a duplicate key);

(uu) 14 DCMR § 1005.4 (failure to maintain clean and sanitary bedding);

(vv) 14 DCMR § 1005.5 or 1005.6 (failure to provide required clean linens and towels);

(ww) 14 DCMR § 1103.1 or 1103.3 (operating a boarding house without first qualifying for a Manager's Certificate);

(xx) 14 DCMR § 1104.1 (permitting a sleeping facility to exist in a room where food is prepared, served, or stored, or where utensils are washed or stored);

(yy) 14 DCMR § 1104.2 (permitting the use of a room for sleeping without required ceiling clearance over floor area);

(zz) 14 DCMR § 1104.5 (failure to maintain clean and sanitary bedding);

(aaa) 14 DCMR § 1104.6 or 1104.7 (failure to provide required clean linens and towels);

(bbb) 14 DCMR § 1106 or 1107 (failure to comply with a requirement concerning the construction, maintenance, or ventilation of rooms in which food or drink is stored, prepared, or served, or in which utensils are washed or stored);

(ccc) 14 DCMR § 1109 (failure to comply with a requirement concerning food preparation or dishwashing facilities);

(ddd) 14 DCMR § 1110 (failure to comply with a requirement concerning storage or handling utensils or the use of kitchens);

(eee) 14 DCMR §§ 1111.2 to 1111.4 (failure to comply with a requirement concerning the storage or handling of food);

(fff) 14 DCMR § 1112 (failure to comply with a requirement concerning refrigeration equipment or the refrigeration of food or drink);

(ggg) 14 DCMR § 1113.1, 1113.2, or 1113.4 (failure to comply with a requirement concerning food, drink, service of milk, or the construction of cream dispensers);

(hhh) 14 DCMR § 1116 (failure to comply with a requirement concerning employee cleanliness);

(iii) 14 DCMR § 1117 (failure to comply with a requirement concerning lavatory facilities);

(jjj) 14 DCMR § 1118.2 (failure to keep a soiled linen, coat, or apron in a vermin-proof container);

(kkk) 14 DCMR § 1201.2 (failure to submit a timely notification to the Director of any change in the appointment of a general agent, manager or attorney);

(lll) 14 DCMR § 1205.3 (failure to comply with the Elevator Code when altering, repairing or replacing elevator service);

(mmm) 14 DCMR § 1302 (failure to comply with a requirement concerning registration of occupants);

(nnn) 14 DCMR § 1303 (failure to comply with a requirement concerning room keys);

(ooo) 14 DCMR § 1304 (failure to comply with a requirement concerning the cleaning and maintenance of hotel or motel rooms);

(ppp) 14 DCMR § 1305 (failure to comply with a requirement concerning the posting of permissible occupancy rates);

(qqq) 14 DCMR § 1304 (failure to comply with a requirement concerning the maximum permissible occupancy of hotel or motel rooms);

(rrr) 14 DCMR § 1308 (failure to comply with a security requirement concerning high density use of hotel or motel rooms);

(sss) 14 DCMR § 1307, 1309, or 1310 (failure to comply with a requirement concerning the high density use of hotel or motel rooms);

(ttt) 14 DCMR § 1311 (failure to comply with a requirement concerning the high density use of hotel or motel bathroom facilities);

(uuu) Violation of any provision of the Housing Regulations of the District of Columbia, 14 DCMR, Chapters 1 through 14, which provision is not cited elsewhere in this section, shall be a Class 3 infraction.

(vvv) Any infraction listed in § 3305.4 that has not been abated within six (6) months of the issuance of a notice of violation.

3305.4 Violation of any of the following provisions shall be a Class 4 infraction:

(a) 14 DCMR § 401.1 (failure to provide required occupant access to common space);

(b) 14 DCMR § 401.2 (failure to locate a watercloset, shower, or bathtub in a room so as to afford privacy);

(d) 14 DCMR § 507 (failure to comply with a requirement concerning the ventilation of bathrooms);

(e) 14 DCMR § 508 (failure to maintain a mechanical ventilation system in safe and good working condition or in constant operation);

(f) 14 DCMR § 603 (failure to comply with a requirement concerning waterproof floors in toilets);

(g) 14 DCMR § 604 (failure to comply with a requirement concerning access to bathrooms);

(h) 14 DCMR § 605 (failure to comply with a requirement concerning electrical outlets);

(i) 14 DCMR § 607.2 (failure to provide a required lock or key to a habitation door, or to maintain a lock in good repair);

(j) 14 DCMR § 701.2 (failure to maintain a walkway in good repair, free of holes, and safe for walking purposes);

(k) 14 DCMR. § 702.3 (permitting to exist on premises a chimney which is not reasonable plumb);

(l) 14 DCMR § 702.5 (failure to close a chimney opening which is not required);

(m) 14 DCMR § 703 (failure to comply with a requirement concerning gutters or drainage);

(n) 14 DCMR § 704.2 (failure to maintain exterior walls in a structurally sound condition);

(o) 14 DCMR § 704.3 (failure to keep a masonry wall pointed);

(p) 14 DCMR § 705.1 (failure to supply a window with window panes that are free of open cracks and holes);

(q) 14 DCMR § 705.4 (permitting to exist on premises a door, transom, side light, skylight, door hinge, or door latch which is not in good condition);

(r) 14 DCMR § 705.5 (failure to comply with a requirement concerning an exterior door);

(s) 14 DCMR § 705.7 (failure to construct or maintain a basement hatchway so as to prevent the entrance of rodents, rain, or surface drainage water into a dwelling);

(t) 14 DCMR § 706 (failure to comply with a requirement concerning interior walls, floors, or ceilings);

(u) 14 DCMR § 708.6 or 708.10 (failure to provide a required balustrade or other guard);

(v) 14 DCMR § 903.3 (failure to maintain an exit directional sign);

(w) 14 DCMR § 1002 (failure to comply with a requirement concerning registration or room assignment);

(x) 14 DCMR § 1004.1 (permitting food in a sleeping room to be kept in a container which is not vermin-proof);

(y) 14 DCMR § 1005.1 (permitting the use of a sleeping room with inadequate ceiling clearance);

(z) 14 DCMR § 1101 (failure to comply with a requirement concerning resident managers);

(aa) 14 DCMR § 1102 (failure to comply with a requirement concerning registration or room assignment);

(bb) 14 DCMR § 1105 (failure to comply with a requirement concerning room keys);

(cc) 14 DCMR § 1108 (failure to comply with a lighting requirement);

(dd) 14 DCMR § 1118.1 (failure to provide adequate lockers or dressing rooms);

(ee) 14 DCMR § 1202.1 (failure to timely establish and maintain tenant register);

(ff) 14 DCMR § 1203 (failure to comply with a requirement concerning the posting of building management information);

(gg) 14 DCMR § 1204.3 (failure to provide a secure, approved mail receptacle); or

(hh) 14 DCMR § 800.10 (minor prohibited vegetative growth, for example grass or weeds exceeding ten inches (10 in.) in height, creating a harbor for rodents, or shrubbery that is a detriment to the health, safety, or welfare of the public); or

(ii) 14 DCMR § 800.13 (minor accumulation of trash, rubbish, or garbage in or on any premises shall constitute an insanitary and unhealthy condition).

History

SOURCE: Final Rulemaking published at 52 DCR 4908 (May 27, 2005); as amended by Emergency and Proposed Rulemaking published at 58 DCR 3075 (April 8, 2011)[EXPIRED]; as amended by Emergency Rulemaking published at 58 DCR 6449 (July 29, 2011)[EXPIRED]; as amended by Emergency Rulemaking published at 58 DCR 10013 (November 25, 2011)[EXPIRED]; as amended by Final Rulemaking published at 59 DCR 776 (February 3, 2012); as amended by the Department of Consumer and Regulatory Affairs Omnibus Amendment Act of 2018, effective April 11, 2019 (D.C. Law 22-0287; 66 DCR 1650 (February 8, 2019)). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3305

16 DCMR § 3306 CONSTRUCTION CODE INFRACTIONS

3306.1 CONSTRUCTION INFRACTIONS

The following abbreviations apply to this section:

IBC- International Building Code (2012 edition)

IPC- International Plumbing Code (2012 edition)

IPMC - International Property Maintenance Code (2012 edition)

3306.1.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) 12-A DCMR §§ 105.1, 105.1.1 and 105.1.3 (failure to obtain required permit; working without a required permit);

(b) 12-A DCMR § 105.1 (work or conditions exceeding scope of permit);

(d) 12-A DCMR § 105.1.3 (working outside of permitted hours without a required after-hours permit);

(e) 12-A DCMR § 105.1.8 (failure to submit timely permit application for emergency work)

(f) 12-A DCMR § 109.2 (failure to notify code official when stages of construction are reached that require inspection);

(g) 12-A DCMR §§ 114.1, 114.1.1, 114.6, 114.7 and 114.9 (failure to comply with terms of a 'Stop Work Order');

(h) 12-A DCMR § 114.3 (unauthorized removal of a posted stop work order);

(i) 12-A DCMR § 115.5 (failure to comply with terms of posted "Unsafe Notice”);

(j) 12-A DCMR § 1603.2 (exceeding load restrictions);

(k) 12-A DCMR § 3307.1 (failure to protect adjoining property owner from damage);

(l) 12-A DCMR § 3307.2 (failure to provide required notification to owner of adjoining premises);

(m) 12-A DCMR § 3303.4 (failure to comply with site treatment requirements after demolition or raze);

(n) 12-A DCMR § 105.1.6 (HVAC work performed by non-D.C. licensed mechanic);

(o) 12-A DCMR § 105.1.6 (plumbing work performed by non-D.C. licensed plumber);

(p) 12-A DCMR §115.1 (allowing/creating unsafe structures, conditions or equipment);

(q) 12-A DCMR § 115.3 (failure to comply with notice of unsafe structure or equipment);

(r) 12-F DCMR § 403.4 (improper signage for public plumbing facilities); or

(s) 12-A DCMR § 105.1.6 (work performed by non-DC-licensed electrician).

(t) 12-A DCMR § 105.1.6 (work performed by non-D.C. licensed elevator mechanic);

3306.1.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 12-A DCMR § 110.1 (use or occupancy of a premises, or change of load, without obtaining a certificate of occupancy);

(b) 12-A DCMR § 109.3.14 (failure to obtain final inspection; use or occupancy of building or structure without final inspection);

(d) IBC § 3302 (failure to maintain construction safeguards);

(e) IBC § 3306 (failure to protect pedestrian traffic during construction, remodeling or demolition activities);

(f) 12-A DCMR § 3307.7 (failure to repair and restore flashing on adjoining property where damaged during construction);

(g) 12-F DCMR § 1101.2 (failure to drain storm water into a separate storm sewer system, or a combined sewer system, or an approved place of disposal); or

(h) IPC § 802.1.4 (swimming pool water discharge into public/park space).

3306.1.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 12-A DCMR § 105.1.7 (failure to post and maintain required raze notice);

(b) 12-A DCMR § 105.1.9 (failure to post permit);

(d) 12-A DCMR § 117.1 (failure to post occupant load signs);

(e) 12-A DCMR § 117.2 (failure to post design live loads; removal or defacement of design live load signs);

(f) IPMC § 506.2 (Plumbing stack, vent, waste or sewer line are not properly maintained or kept free of obstructions, leaks and defects);

(g) 12-F DCMR § 403.4 (improper signage for public plumbing facilities); or

(h) Any provision of the District of Columbia Construction Codes adopted pursuant to the Construction Codes Approval and Amendment Act of 1986, effective March 21, 1987 (D.C. Law 6-216; D.C. Official Code §§ 6-1401 et seq.) which is not cited elsewhere in Title 16 of the DCMR shall be a Class 3 infraction.

3306.1.4 Violation of any of the following provisions shall be a Class 4 infraction:

(a) IPMC § 505.4 (water heating facilities improperly installed or maintained, or incapable of providing adequate amount of hot water at peak demand); or

(b) IPC § 604.7 (failure to install water pressure booster system to provide required flow pressures at fixture outlets).

3306.2 BOILER INFRACTIONS

3306.2.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) 12-E DCMR §§ 1004.7 and 1001.3; 12-A DCMR §§ 105.1 and 105.1.1 (installation, relocation, alteration or repair of a boiler or pressure vessel without a permit);

(b) 12-A DCMR §§ 114.1, 114.1.1, 114.6, 114.7 and 114.9 (failure to comply with terms of a stop work order);

(d) 12-E DCMR §§ 1003.1 and 1003.3 (operation without a current Certificate of Inspection for a boiler or pressure vessel);

(e) 12-A DCMR § 115.5; 12-E DCMR § 1003.17.1 (violation of conditions of posted Unsafe to Use notice);

(f) 12-A DCMR § 108.5; 12-E DCMR § 1003.17; 12-G DCMR §108.4.1 (removal of Unsafe to Use placard without authorization);

(g) 12-E DCMR § 1001.4 (operation of boiler or pressure vessel without proper D.C. engineer's license);

(h) 12-E DCMR § 1003.2 (failure to obtain final inspection of work for which a permit is required);

(i) 12-E DCMR §1003.5 (operation in excess of allowable pressure stated on certificate of inspection);

(k) 12-E DCMR § 1003.6 (operation of equipment without safety appliances and piping; removal or tampering with safety appliances or piping);

(l) 12-E DCMR § 1003.17.1 (operation of unsafe or condemned equipment); or

(m) 12-A DCMR § 115.1 (failure to take down, remove or make safe defective or unsafe conditions or equipment).

3306.2.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 12-E DCMR § 1003.14 (failure to comply with insurance company reporting duties);

(b) 12-E DCMR § 1003.12.3 (failure to file inspection reports with the code official);

(d) 12-E DCMR § 1018.1.5 (welder working without a valid D.C. authorization card).

3306.2.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 12-E DCMR § 1001.2 (improper boiler or pressure vessel operation);

(b) 12-E DCMR §§ 1003.16 and 1003.16.1 (failure to make a repair, alteration, or cleaning, within the time specified in a notice or order, to a boiler or pressure vessel as specified in a notice);

(c) 12-E DCMR § 1003.4 (failure to notify code official that equipment is not covered by current certificate of inspection); or

(d) 12-E DCMR § 1003.17.2 (failure to notify code official of unsafe condition);

3306.2.4 Violation of any of the following provisions shall be a Class 4 infraction:

(a) 12-E DCMR § 1003.1 (certificate of inspection not properly posted); or

(b) 12-E DCMR § 1005.3 (failure to provide unobstructed and accessible means of egress for power boiler rooms)

3306.3 ELEVATOR INFRACTIONS

The following abbreviations apply to this section:

IPMC - International Property Maintenance Code (2012 edition)

IFC - International Fire Code (2012 edition)

The following abbreviation applies to this section and identifies referenced standards adopted by the 2013 District of Columbia Construction Codes:

ASME- American Society of Mechanical Engineers

3306.3.1 Violation of any of the following provisions shall be a Class 1 infraction:

12-A DCMR §§ 105.1 and 105.1.1 (installation, relocation or alteration of elevators, escalators, dumbwaiters, man lift(s), and other conveying systems without a permit);

12-A DCMR §§ 105.1 and 105.1.1 (failure to obtain required permit; working without a required or valid permit);

12-A DCMR § 105.1 (work or conditions exceeding scope of permit);

12-A DCMR § 105.1.8 (failure to submit timely permit application for emergency work);

12-A DCMR § 105.1.2 (working outside of permitted construction hours);

12-A DCMR § 105.1.3 (working outside of permitted hours without a required after-hours permit failure to obtain after hours permit);

12-A DCMR § 105.1.9 (failure to post permit);

12-A DCMR § 109.2 (failure to notify code official when stages of construction are reached that require inspection);

12-A DCMR § 3010.3 (failure to obtain a final inspection of work for which a permit is required);

12-A DCMR § 3010.3 (failure to obtain a valid certificate of inspection within thirty (30) working days after completion of final inspection);

12-A DCMR § 3010.1; 12-G DCMR § 606.1 (operation of an elevator or conveying system without a valid certificate of inspection or limited approval of use);

12-A DCMR § 3010.8; 12-G DCMR § 606.6 (failure to maintain at least one passenger elevator in operation in buildings equipped with passenger elevators);

12-A DCMR §§ 108.5, 3010.10.2; 12-G DCMR § 108.4.1, 606.8.2 (removal of unsafe to use placard or operation of placarded equipment without code official authorization);

12-A DCMR §§ 114.1, 114.1.1, 114.6, 114.7 and 114.9 (failure to comply with terms of a Stop Work Order);

12-A DCMR § 114.3 (unauthorized removal or obstruction of a posted stop work order);

12-A DCMR § 115.5; 12-G DCMR § 108.5 (failure to comply with terms of unsafe notice);

12-A DCMR §§ 3001.2, 3010.5; 12-G DCMR §§ 606.3, 606.3.1 through 606.3.4 (failure to comply with referenced standards for maintenance, repair, replacement and testing):

ASME A17.1 Rule 8.6.1.6.1 (making safety devices inoperative or ineffective);

ASME A17.1 Rule 8.6.1.6.3(c) (using or allowing to be used temporary wiring and insulators or blocks in the armatures or poles of magnetically operated switches, contactors, or relays);

ASME A17.1 Rule 8.6.1.6.3(d) (leaving jumpers installed or storing jumpers in machine rooms, control rooms, machine spaces, control spaces or other prohibited locations);

ASME A17.1 Rule 8.6.1.6.3(f) (substituting or allowing to be substituted a wire or other current carrying device for the correct fuse or circuit breaker in an elevator circuit);

ASME A17.1 Rule 8.6.2.1 (repairing or allowing repairs to be made with parts not of equivalent material, strength, and/ or design);

ASME A17.1 Rule 8.6.4.19; Appendix N (failure to comply with Periodic Test Requirements - Category 1 (electric elevators));

ASME A17.1 Rule 8.6.4.20; Appendix N (failure to comply with Periodic Test Requirements - Category 5 (electric elevators));

ASME A17.1 Rule 8.6.5.14; Appendix N (failure to comply with Periodic Test Requirements - Category 1 (hydraulic elevators));

ASME A17.1 Rule 8.6.5.16; Appendix N (failure to comply with Periodic Test Requirements - Category 5 (hydraulic elevators));

ASME A17.1 Rules 8.6.4.19.6 and 8.6.1.1.1 (failure to maintain Firefighters’ Emergency Operation and signaling devices in working order at all times);

ASME A17.1 Rule 8.6.8.1 (failure to repair or replace cracked or damaged handrails on escalators/ moving walks that present a pinching effect);

ASME A17.1 Rule 8.6.8.2 (failure to maintain and correct Step-to-Skirt Clearance on escalators/ moving walks);

ASME A17.1 Rule 8.6.8.4.1 (failure to remove escalator from operation for combplates with two adjacent missing teeth);

ASME A17.1 Rule 8.6.8.4.3 (failure to maintain adjustment of comb-step impact devices on escalator/moving walk); or

ASME A17.1 Rule 8.6.8.15; Appendix N (failure to comply with Periodic Test Requirement - Category 1 (escalators and moving walks)).

12-A DCMR §§ 3001.2, 3010.5; 12-G DCMR §§ 606.3, 606.3.1 through 606.3.4) (failure to comply with referenced standards for welding):

(i) ASME A17.1 Rules 8.8.1(a) and 8.6.2.2 (welding of parts, except for tack welds later incorporated into finished welds, by unqualified welder);

(ii) ASME A17.1 Rules 8.8.2 and 8.6.2.2 (failure of welding to conform to applicable design and procedure requirements);

(iii) ASME A17.1 Rules 8.8.3 and 8.6.2.2 (failure to weld materials other than steel in accordance with requirements applicable to the specific materials used).

12-A DCMR §§ 3001.2, 3010.5; 12-G DCMR §§ 606.3, 606.3.1-606.3.4);12-G DCMR §§107.1 and 107.2 (failure to comply with referenced standards for periodic tests, inspections and maintenance of elevators, escalators, and other conveyances listed in ASME A17.1 ):

(i) ASME A17.1 Rule 8.11.2.1; Appendix N (failure to perform periodic inspection (six (6) month) of electric elevator);

(ii) ASME A17.1 Rule 8.11.2.1.5(a); Appendix N (failure to inspect pit access, lighting, stop switch and condition (electric elevator), or to correct violative condition within period of time specified in a notice or order);

(iii) ASME A17.1 Rules 2.7.1.1, 2.7.1.1.2 and 2.7.3.4; (failure to comply with requirements for fire- resistant, self-closing and self-locking access doors for pits);

(iv) ASME A17.1 Rule 8.11.3.1; Appendix N (failure to perform periodic inspection (six (6) month) of hydraulic elevator);

(v) ASME A17.1 Rule 8.11.3.1.5(a); ASME 17.2 Item 5.1; Appendix N (failure to inspect pit access, lighting, and condition (hydraulic elevator) or to correct violative condition within period of time specified in a notice or order);

(vi) ASME A17.1 Rule 8.11.4.1; Appendix N (failure to perform periodic inspection (six (6) month) of escalator or moving walkway);

(vii) ASME A17.1 Rule 8.11.4.1(c); ASME 17.2 Items 7.3 and 9.3 Appendix N (failure to inspect handrails (escalator/moving walk) or to correct violative condition within period of time specified in a notice or order); or

(viii) ASME A17.1 Rule 8.11.4.1(g); ASME 17.2 Items 7.7 and 9.7; Appendix N (failure to inspect combplates (escalator/moving walk) or to correct violative condition within period of time specified in a notice or order).

(t) IFC § 901.6 (failure to inspect, test, or maintain fire detection, alarm, and extinguishing systems, mechanical smoke exhaust systems, and smoke and heat vents in an operative condition at all times; failure to replace or repair where defective);

(u) 12-G DCMR § 108.1.2 (Unsafe or dangerous equipment on the premises or within a structure which is in such disrepair or condition, in whole or in part, that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure);

(v) 12-A DCMR § 115.1 (Abandoned, deteriorated, unsafe, unsanitary, or deficient equipment, or equipment which constitutes a fire hazard, or is otherwise dangerous to human life or the public welfare, or that involves illegal or improper use, or occupancy or inadequate maintenance);

(w) 12-G DCMR § 108.1.6 (unserviceable equipment on the premises or within a structure);

(x) 12-G DCMR § 109.1; 12-A DCMR § 116.1 (operating defective or dangerous equipment that immediately endangers the health or safety of occupants of the premises or those in the proximity of the premises);

(y) IFC § 607.1 (failure to provide emergency recall and in-car operation); or

(z) 12-A DCMR §§ 3001.2, 3010.5; 12-G DCMR §§ 606.3 and 606.3.2; 12-G DCMR §§107.1 and 107.2 (failure to comply with referenced standards for maintenance, repair, replacement and testing of platform lifts and stairway chair lifts):

(i) ASME A18.1 Rule 10.3.1 (failure to perform annual inspection and tests for platform lift or stairway chair lift);

(ii) ASME A18.1 Rule 10.3.3 (failure to perform 5 year full load inspection and tests for platform lift or stairway chair lift);

(iii) ASME A18.1 Rule 10.2.2.3(n) (failure to maintain in operation at all times, or failure to repair door and gate equipment including the interlocks for platform lift or stairway chair lift);

(iv) AMSE A18.1 Rules 10.2.2.1, 10.2.2.2, 10.2.2.3,and 10.2.2.4 (failure to correct violative condition, relating to platform lift or stairway chair lift, within period of time specified in a notice or order);

(aa) 12-A DCMR §§ 3001.2, 3010.5; 12-G DCMR §§ 606.3 and 606.3.3; 12-G DCMR §§107.1 and 107.2 (failure to comply with referenced standards for maintenance, repair, replacement and testing of manlifts:

ASME A90.1, Rule 8.1 (Failure to perform annual full load test of manlift);

(ii) ASME A90.1 Rule 8.1 Note (use of humans as test weights for manlift);

(iii) ASME A90.1 Rule 4.5 (failure to maintain at all times protection of entrances and exits at all levels of manlift);

(iv) ASME A90.1 (failure to correct violative condition of manlift within period of time specified in a notice or order);

(v) ASME A90.1 Rule 7.1 and mandatory Appendix I (allowing users to ride the manlift without provision of the required safety training, instructions and procedures for operating the unit);

(vi) ASME A90.1 Rule 6, 6.1, 6.2, 6.3, and 6.4 (failure to provide or maintain safety signage for manlift);

(vii) ASME A90.1 (failure to have manlift comply with referenced standards within one year of adoption);

(bb) 12-A DCMR §§ 3001.2, 3010.5; 12-G DCMR §§ 606.3 and 606.3.4; 12-G DCMR §§107.1 and 107.2 (failure to comply with referenced standards for maintenance, repair, replacement and testing of conveyor and related equipment):

(i) ASME B20.1 (failure to perform periodic and annual inspection and tests of conveyor and related equipment );

(ii) ASME B20.1 IPMC 606.3.4.1 and IPMC 606.3.1(failure to perform inspections and tests of conveyor and related equipment in accordance with the manufacturer’s requirements);

(iii) ASME B20.1 Rule B20.1-6.17.2.1(b) (failure to maintain in operation at all times the means to detect personnel on or in unauthorized proximity to the conveyor inclusive of the entry and exit doors, with locking device at the top and bottom of the conveyor and related equipment unit);

(iv) ASME B20.1 Rule 6.17.2.1(d) (failure to maintain or replace the required warning signage at each point of access to the conveyor);

(v) ASME B20.1 (failure to correct violative condition of conveyor and related equipment within period of time specified in a notice or order);

(vi) ASME B20.1 Rule 6.21(c) (failure to provide warning signs that prohibit riding the conveyor unit by personnel);

(vii) ASME B20.1 6.21.1(a) (failure to repair the backstop device sufficient to stop and hold the carrier with load);

(viii) ASME B20.1 Rule 6.21.2(d) (failure to provide, maintain or replace snap chains or gates or standard railings (or equivalent) when personel are allowed to walk onto conveyor unit for loading and unloading);

(ix) ASME B20.1 Rule 6.21.2(e) (failure to provide controls located or installed where they cannot be actuated by a person on the carrier);

3306.3.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 12-G DCMR § 606.4; 12-A DCMR § 3010.6 (failure to submit report of inspections and tests to the code official within thirty (30) days after completion of inspection and tests);

(b) 12-A DCMR § 3010.4.1; 12-G DCMR § 606.2.1 (failure to display most current certificate of inspection);

(c) 12-A DCMR §§ 3001.2 and 3010.5; 12-G DCMR §§ 606.3, 606.3.1 through 606.3.4; 12-G DCMR §§107.1 and 107.2 failure to comply with referenced standards):

ASME A17.1 Rule 8.6.1.2.1; 12-A DCMR § 3009.5 (failure to provide and/ or maintain a written Maintenance Control Program);

ASME A17.1 Rule 8.6.1.4.1 (failure to maintain elevator maintenance records);

ASME A17.1 Rule 8.6.4 (failure to maintain or test electric elevators in conformance with ASME A17.1, 8.6.1 through 8.6.4);

ASME A17.1 Rule 8.6.4.13.1(c) (failure to maintain door reopening devices (electric elevator));

ASME A17.1 Rule 8.6.4.13.1(l) failure to maintain door restrictors (electric elevator);

ASME A17.1 Rule 8.6.4.15 (failure to maintain car emergency system including emergency operation of signaling devices, lighting, communication, and ventilation (electric elevator));

ASME A17.1 Rule 8.6.4.16 (failure to maintain/correct electric elevator to provide stopping accuracy at the landings during normal operation);

ASME A17.1 Rule 8.6.4.19.7; 12-A DCMR § 3009.5 (failure to perform testing of Standby or Emergency Power Operation (electric elevator));

ASME A17.1 Rule 8.6.8.4.1 (failure to repair or replace combplates with any broken teeth (escalator or moving walk));

ASME A17.1 Rule 8.6.8.13 (failure to clean the interiors of escalators or components to prevent accumulations of oil, grease, lint, dirt, and refuse);

ASME A17.1 Rule 8.11.2.1.1(f); ASME 17.2 Item 1.6; Appendix N (failure to inspect Car Emergency Signal (phone and alarm bell) in electric elevator or to correct violative condition within period of time specified in a notice or order);

ASME A17.1 Rule 8.11.2.1.2(b); ASME 17.2 Item 2.1; Appendix N (failure to inspect means of access to machine room/spaces, control room/spaces (electric elevator) or to correct violative condition within period of time specified in a notice or order;

ASME A17.1 Rules 2.7.1.1.2 and 2.7.3.4; ASME A17.2 Item 2.1 (failure to comply with requirements for fire-resistant, self-closing and self-locking access doors for machine rooms/spaces, or control rooms/spaces);

ASME A17.1 Rule 8.11.2.1.2(i); ASME 17.2 Item 2.6; Appendix N (failure to inspect machine room/spaces, control room/spaces (electric elevator) or to correct violative condition within period of time specified in a notice or order);

ASME A17.1- Rule 8.11.2.1.3(q); ASME 17.2 Item 2.12; Appendix N (failure to inspect hoistway smoke control (electric elevator) or to correct violative condition within period of time specified in a notice or order);

ASME A17.1- Rules 8.11.2.1.4(m) and 2.7.6.4; Appendix N (failure to inspect or to provide means necessary for tests (electric elevator));

ASME A17.1 Rule 8.11.3.1.1(f); ASME 17.2 Item 1.6; Appendix N (failure to inspect Car Emergency Signal (phone and alarm bell) (hydraulic elevator) or to correct violative condition within period of time specified in a notice or order);

ASME A17.1 Rule 8.11.3.1.2(i); ASME 17.2 Item 2.6; Appendix N (failure to inspect ventilation for machine room/spaces, control room/spaces (hydraulic elevator) or to correct violative condition within period of time specified in a notice or order);

ASME A17.1 Rule 8.11.3.1.3(l); ASME 17.2 Item 3.11; Appendix N (failure to inspect hoistway smoke control (hydraulic elevator) or to correct violative condition within period of time specified in a notice or order);

ASME A17.1 Rules 8.11.3.1.4(l); 2.7.6.4, 3.7.1.8, 3.7.1.9, and 3.7.1.10; Appendix N (failure to inspect or to provide means necessary for tests (hydraulic elevator));

ASME A17.1 Rule 8.11.4.1(e); ASME 17.2 Items 7.5 and 9.5; Appendix N (failure to inspect lighting (escalator/ moving walk) or to correct violative condition within period of time specified in a notice or order; or

ASME A17.1 Rule 8.11.4.1(k); ASME 17.2 Item 7.11; Appendix N (failure to inspect skirt obstruction devices (escalator/moving walk) or to correct violative condition within period of time specified in a notice or order).

(xxiii) ASME A18.1 Rule 10.1.1 and 10.2.1(failure to perform periodic inspection of platform lifts or stairway chair lifts);

(xxiv) ASME A90.1, Rule 8.2. (Failure to perform periodic inspection of manlifts on a monthly basis);

(xxv) ASME A90.1, Rule 8.2.4 (Failure to maintain a written inspection log for manlifts and/or failure to sign and date inspection records for manlifts);

3306.3.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 12-A DCMR §§ 3001.2, 3010.5; 12-G DCMR §§ 606.3 606.3.1 through 606.3.4; 12-G DCMR §§107.1 and 107.2 (failure to comply with referenced standards):

ASME A17.1 Rule 8.6.1.6.5 (failure to provide a class “ABC” fire extinguisher);

ASME A17.1 Rule 8.6.4.1.1 (failure to maintain suspension means sufficiently clean so they can be visually inspected (electric elevator));

ASME A17.1 Rule 8.6.4.2.1 (failure to maintain governor ropes clean (electric elevator));

ASME A17.1 Rule 8.6.4.13.1(h) (failure to maintain sills and bottom guides, fastenings, condition and engagement (electric elevator));

ASME A17.1 Rule 8.6.4.13.1(k) (failure to maintain door closers (electric elevator));

ASME A17.1 Rule 8.6.8.4.2 (failure to maintain adjustment of combplates in mesh with the slots in the step surface so that the points of the teeth are always below the upper surface of the treads (escalator/moving walk));

ASME A17.1 Rule 8.6.8.6.1 (failure to repair or replace steps with broken treads (escalator/moving walk));

ASME A17.1 Rule 8.6.8.6.2 (failure to repair or replace steps with dented or damaged risers (escalator/moving walk));

ASME A17.1 Rule 8.6.8.6.3 (failure to repair or replace steps that are worn damaged and that do not provide proper engagement with the combplates (escalator/moving walk);

ASME A17.1 § 8.1 (failure to provide required keys for access, operation, inspection, maintenance, repair, and emergency access);

ASME A17.1 § 8.1 (failure to restrict key access to personnel in the assigned security level);

ASME A17.1 § 8.9, Rule 8.6.1.5.1 (failure to provide Code Data Plate);

ASME A17.1 Rule 8.11.1.7 (failure to provide unique or product specific procedures or methods required to inspect or test equipment);

ASME A17.1 Rule 8.11.2.1.1(h); ASME A17.2 Item 1.8; Appendix N (failure to inspect correct door closing force (electric elevator) or to correct violative condition within period of time specified in a notice or order);

ASME A17.1 Rule 8.11.2.1.1(n); ASME 17.2 Item 1.14; Appendix N (failure to inspect ventilation (electric elevator) or to correct violative condition within period of time specified in a notice or order);

ASME A17.1 Rule 8.11.2.1.2(f); ASME 17.2 Item 2.3; Appendix N (failure to inspect lighting and receptacles for machine room/spaces, control room/spaces (electric elevator) or to correct violative condition within period of time specified in a notice or order);

ASME A17.1 Rule 8.11.2.1.2(h); ASME 17.2 Item 2.5; Appendix N (failure to inspect housekeeping for machine room/spaces, control room/ spaces (electric elevator) or to correct violative condition within period of time specified in a notice or order);

ASME A17.1 Rule 8.11.2.1.3(b); ASME 17.2 Item 3.2; Appendix N (failure to inspect car top light and outlet (electric elevator) or to correct violative condition within period of time specified in a notice or order);

ASME A17.1 Rule 8.11.3.1.1(n); ASME 17.2 Item 1.14; Appendix N (failure to inspect ventilation (hydraulic elevator) or to correct violative condition within period of time specified in a notice or order);

ASME A17.1- Rule 8.11.3.1.2(f); ASME 17.2-Item 2.3; Appendix N (failure to inspect lighting and receptacles for machine room/spaces, control room/spaces (hydraulic elevator) or to correct violative condition within period of time specified in a notice or order);

ASME A17.1 Rule 8.11.3.1.2(h); ASME 17.2 Item 2.5; Appendix N (failure to inspect housekeeping for machine room/spaces, control room/ spaces (hydraulic elevator) or to correct violative condition within period of time specified in a notice or order);

ASME A17.1 Rules 8.11.3.1.2(x) and 8.6.5.7; ASME 17.2 Item 2.36; Appendix N (failure to inspect hydraulic fluid loss record (hydraulic elevator) or to correct violative condition within period of time specified in a notice or order);

ASME A17.1 Rule 8.11.3.1.3(b); ASME 17.2 Item 3.2; Appendix N (failure to inspect car top light and outlet (hydraulic elevator) or to correct violative condition within period of time specified in a notice or order);

ASME A17.1 Rule 8.11.4.1(d); ASME 17.2 Items 7.4 and 9.4; Appendix N (failure to inspect entrance and egress (escalator/moving walk));

ASME A17.1 Rule 8.11.4.1(i); ASME 17.2-Items 7.10 and 9.10; Appendix N (failure to inspect steps and treadway - per step (escalator/moving walk) or to correct violative condition within period of time specified in a notice or order); or

ASME A17.1 Rule 8.11.4.1(s); ASME 17.2 Items 2.1 and 4.1; Appendix N (failure to inspect machine space access, lighting, receptacle, and condition of remote machine rooms (escalator/moving walk) or to correct violative condition within period of time specified in a notice or order).

3306.3.4 Violation of the following provisions shall be a Class 4 infraction:

(a) 12-A DCMR §§ 3001.2, 3010.5; 12-G DCMR §§ 606.3, 606.3.1 through 606.3.4 (failure to comply with referenced standards for maintenance):

ASME A17.1 Rule 8.6.1.4.2 (failure to have the maintenance records available to elevator personnel);

ASME A17.1 Rule 8.6.1.6.2 (allowing excess lubricant to accumulate and / or overflow from catch containers);

ASME A17.1 Rule 8.6.1.6.3(a) (failure to maintain up-to-date wiring diagrams); or

ASME A17.1 Rule 8.6.1.6.7 (failure to repair or replace damaged or missing signs or data plates).

(b) 12-A DCMR §§ 3001.2, 3010.5; 12-G DCMR §§ 606.3, 606.3.1 through 606.3.4 (failure to comply with referenced standards for maintenance, inspection and testing of electric elevators):

(i) ASME A17.1 Rule 8.6.4.3.4 (failure to keep rails clean and free of lint and dirt accumulation and excessive lubricant. failure to provide a means to collect lubricant at the base of the rail);

(ii) ASME A17.1 Rule 8.6.4.7.1 (failure to maintain hoistways and pits free of dirt, rubbish, and stored materials);

(iii) ASME A17.1 Rule 8.6.4.7.4 (allowing water and oil to accumulate on floors);

(iv) ASME A17.1 Rule 8.6.4.8.1 (failure to keep floors and machinery and control spaces free of water, dirt, rubbish, oil, and grease);

ASME A17.1 Rule 8.6.4.8.2 (Storing, or allowing to be stored, articles or materials not necessary for the maintenance or operation of the elevator in machine rooms, control rooms, machine spaces, or control spaces);

ASME A17.1 Rule 8.6.4.9 (failure to keep the tops of cars free of oil, water, dirt, rubbish, and stored lubricants, spare parts, tools, or other items); or

ASME A17.1 Rule 8.6.4.19.6 (failure to perform testing of Firefighters’ Emergency Operation).

(c) 12-A DCMR §§ 3001.2, 3010.5; 12-G DCMR §§ 606.3, 606.3.1 through 606.3.4; 12-G DCMR §§107.1 and 107.2 (failure to comply with referenced standards):

(i) ASME A17.1 Rule 8.6.11.1 (failure to subject monthly, by authorized personnel, to Phase I recall by use of the key switch, and a minimum of one-floor operation on Phase II, or failure to make available to elevator personnel a record of findings (all elevators with firefighters’ emergency operation));

(ii) ASME A17.1 Rule 8.11.2.1.1(o); ASME 17.2 Item 1.15; Appendix N (failure to inspect signs and operating device symbols (electric elevator) or to correct violative condition within period of time specified in a notice or order);

(iii) ASME A17.1 Rule 8.11.3.1.1(o); ASME 17.2 Item 1.15; Appendix N (failure to inspect signs and operating device symbols (hydraulic elevator) or to correct violative condition within period of time specified in a notice or order);

(iv) ASME A17.1 Rule 8.11.3.1.2(d); Appendix N (failure to provide means necessary for tests in machine room/spaces, control room/spaces (hydraulic elevator));

(v) ASME A17.1 Rule 8.11.4.1(f); ASME 17.2 Items 7.6 and 9.6; Appendix N (failure to inspect caution signs (escalator/moving walk) or to correct violative condition within period of time specified in a notice or order);

(vi) ASME A17.1 Rule 8.11.4.1(p); ASME 17.2 Items 7.16 and 9.16; Appendix N (failure to inspect ceiling intersection guards (escalator/moving walk) or to correct violative condition within period of time specified in a notice or order); or

(vii) ASME A17.1 Rule 8.11.4.1(v); ASME 17.2 Items 8.14 and 10.14; Appendix N (failure to inspect code data plate (escalator/moving walk) or to correct violative condition within period of time specified in a notice or order).

(d) 12-G DCMR § 606.9 (failure to provide required signage).

3306.4 DCRA FIRE AND SMOKE PROTECTION INFRACTIONS

The following abbreviations apply to this section:

IFC §- International Fire Code (2012 edition)

IBC- International Building Code (2012 edition)

IPMC §- International Property Maintenance Code (2012 edition)

NEC-National Electrical Code (2011 edition)

NFPA- National Fire Protection Association

3306.4.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) 12-G DCMR § 108.1; 12-A DCMR § 115.5 (failure to remedy unsafe or dangerous structures, premises or equipment);

(b) 12-A DCMR § 114.1 (failure to comply with terms of a stop work order);

(d) IPMC § 702.1 (failure to provide safe, continuous and unobstructed path of travel from any point in a building to the public way);

(e) IBC § 709.3 (failure to maintain all required fire resistance rated doors or smoke barriers);

(g) IFC § 901.4.1 (failure to maintain in an operative condition at all times fire protection and life safety systems, devices, units, or service equipment);

(h) 12-H DCMR § 906.1 (failure to provide fire extinguishers);

(i) IFC § 1003.1 (failure to maintain in a safe condition and free of all obstructions the means of egress from each part of the building);

(j) IPMC § 702.3 (means of egress doors not readily openable);

(k) IPMC § 702.4 (improper maintenance of emergency escape openings; required emergency escape and rescue openings not operational from inside of room without the use of keys or tools; devices placed over emergency escape and rescue openings not releasable or removable from the inside);

(l) IPMC § 703.2 (fire or smoke stop doors not maintained in operable condition; fire doors or smoke barrier doors blocked, obstructed or otherwise inoperable);

(m) IPMC § 704.2 (smoke alarms not properly installed or maintained);

(n) IBC § 1004.3 (overcrowding or admitting persons beyond the established posted occupant load for assembly occupancy);

(o) IFC § 507.5.4 (access to fire hydrants is obstructed);

(p) IBC § 912.3 (access to fire department connections obstructed by fences, bushes, trees, walls or other fixed or moveable object);

(q) IFC § 1006.1 (failure to provide adequate lighting for stairways, hallways, and other means of egress);

(r) IBC § 1020.1 (exit used for a purpose that interferes with its function as a means of egress); or

(s) IBC § 1027.1 (exits fail to discharge directly to the exterior of the building; the exit discharge fails to provide a direct and unobstructed access to a public way; exit discharge fails to meet the required discharge capacity).

3306.4.2 Violation of any of the following provisions shall be a Class 2 infraction:

IPMC § 308.1 (permitting the accumulation of rubbish or garbage, including combustible and noncombustible waste materials of any kind);

IFC § 904.11 (failure to install properly or maintain an automatic fire-extinguishing system for a commercial cooking system );

IFC § 904.11.1 (failure to install properly or maintain a manual actuation device for a commercial cooking system);

NEC (NFPA 70) § 110.32 (failure to provide the required clearance between all electrical service equipment and storage);

IFC § 904.11.5 (failure to provide a sufficient number of portable fire extinguishers);

IFC § 906.2; 12-G DCMR § 704.1.2 (failure to maintain, test, or recharge hand-operated portable fire extinguishing equipment);

IFC § 315.3. 2 (improper storage of combustible material in exits or enclosures for stairways or ramps);

IFC § 315.3.3 (improper storage of combustible material in boiler rooms, mechanical rooms or electrical equipment rooms);

IFC § 315.3 (failure to separate combustible material from heaters or heating devices);

IBC § 1005.3 (means of egress fails to meet the sizing requirements based upon occupant load);

IBC § 1008.1.9 (egress doors not readily openable from the egress side without the use of a key or special knowledge or effort);

IBC § 1008.1.10 (doors not equipped with approved panic hardware or fire exit hardware);

IBC § 1008.1.2 (exit doors swing in the wrong direction);

12-E DCMR § 1003.6 (failure to equip boilers or unfired pressure vessels with required safety appliances and piping);

IBC § 1011.6.3 (failure to provide emergency lights, alarms, or power back-ups);

IBC § 1011.1 (impaired visibility of exit signs);

IBC § 716.5.9 (failure to maintain self- or automatic-closing fire doors);

IBC § 707.1 (failure to maintain fire barriers);

IBC § 709 (failure to maintain smoke barriers);

IBC § 1004.3 (failure to conspicuously post sign stating the number of occupants permitted within room or space for assembly occupancy);

IBC § 1011.1 (failure to mark exits or exit access doors with required exit signs);

IBC §§ 1011.3 and 1011.6.2 (failure to illuminate exit signs);

IBC § 806.1 (decorative materials are not non-combustible or flame resistant).

3306.4.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) IFC §§ 904.1 and 904.4 (alternative automatic fire-extinguishing systems are not properly inspected and tested); or

(b) IBC § 1006.1 (failure to illuminate means of egress at all times when the building is occupied).

3306.5 ENERGY INSPECTION INFRACTIONS

The following abbreviation applies to this section and refers to referenced standards adopted by the 2013 District of Columbia Energy Conservation Code:

ASHRAE- American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc.

3306.5.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) 12-I DCMR § R402.4.1.2 (failure to test and verify air leakage);

(b) 12-I DCMR § R403.2.2 (failure to verify duct tightness); or

(c) 12-I DCMR § C303.1.3, C401.2, C402.3, C407, ASHRAE 90.1 (failure to comply with fenestration requirements for applicable pathway).

History

SOURCE: Final Rulemaking published at 52 DCR 4908 (May 27, 2005); as amended by Final Rulemaking published at 64 DCR 1045 (February 3, 2017). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3306

16 DCMR § 3307 BUILDING CONDEMNATION DIVISION INFRACTIONS

3307.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) Section 4 of An Act To create a board for the condemnation of insanitary buildings in the District of Columbia, approved May 1, 1906 (34 Stat. 158, ch. 2073; D.C. Official Code § 6-904) (permitting the occupancy of a condemned building without authorization by the Board for the Condemnation of Insanitary Buildings);

(b) Section 5 of an Act To create a board for the condemnation of insanitary buildings in the District of Columbia (D.C. Official Code § 6-905) (failure to obtain any required permit when work is undertaken to repair, make habitable or demolish a condemned building.); or

(c) Section 12 of An Act To create a board for the condemnation of insanitary buildings in the District of Columbia (D.C. Official Code § 6-912) (defacing, removing or concealing any copy of any order of condemnation which has been affixed to any condemned building).

3307.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) Section 11 of An Act To create a board for the condemnation of insanitary buildings in the District of Columbia (D.C. Official Code § 6-911) (hindering, preventing or refusing to permit a lawful inspection of the premises.);

(b) Section 3 of An Act To create a board for the condemnation of insanitary buildings in the District of Columbia (D.C. Official Code § 6-903) (failure to show cause within the time specified why such building or part of building should not be condemned);

(c) Section 7 of An Act To create a board for the condemnation of insanitary buildings in the District of Columbia (D.C. Official Code § 6-907) (failure of the owner to cause such building to be put into a habitable and sanitary condition or to be demolished and removed within the time specified by the Board in the order of condemnation); or

(d) Section 15 of an Act To create a board for the condemnation of insanitary buildings in the District of Columbia (D.C. Official Code § 6-915) (tenants or occupants neglecting or causing to exist unsanitary conditions which have led to the condemnation of a building.

History

SOURCE: Final Rulemaking published at 52 DCR 4903 (May 27, 2005). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3307

16 DCMR § 3308 RENTAL ACCOMMODATIONS AND CONVERSION DIVISION INFRACTIONS

3308.1 A violation of Section 901(b) of the Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-10; D.C. Official Code § 42-3509.01(b)), or when based upon a violation of Section 208 of the Rental Housing Act of 1985 (D.C. Official Code § 42-3502.08(a)(1)) (increasing rent when not properly licensed), shall be a Class 1 infraction.

3308.2 A violation of Section 901(b) of the Rental Housing Act of 1985 (D.C. Official Code § 42-3509.01(b)), when based upon a violation of any of the following provisions, shall be a Class 2 infraction:

(a) Section 205(f) of the Rental Housing Act of 1985 (D.C. Official Code § 42-3502.05(f)) (failure to timely register);

(b) Section 205(g) of the Rental Housing Act of 1985 (D.C. Official Code § 42-3502.05(g)) (failure to file an amended registration form); or

(c) Section 501 of the Rental Housing Act of 1985 (D.C. Official Code § 42-3505.01) (failure to comply with a requirement concerning evictions).

History

SOURCE: Final Rulemaking published at 52 DCR 4903 (May 27, 2005). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3308

16 DCMR § 3309 PROPERTY MAINTENANCE INFRACTIONS

The following abbreviations apply to this section:

IPMC §- International Property Maintenance Code (2012 edition)

Violation of any of the following provisions shall be a Class 1 infraction:

(a) 12-G DCMR § 102.2 (failure to maintain utility, service, facility, equipment, system, device or safeguards in good working order);

(b) 12-G DCMR §§ 108.1 and 108.1.1 (unsafe Structures);

(d) 12-G DCMR §§ 108.1 and 108.1.3 (structure is unfit for human occupancy);

(e) 12-G DCMR §§ 108.1 and 108.1.4 (unlawful Structure);

(f) 12-G DCMR §§108.1 and 108.1.5 (dangerous structure or premises);

(g) 12-G DCMR §§ 108.1 and 108.1.6 (unserviceable equipment);

(h) 12-G DCMR § 108.4.1 (removal of placard by an unauthorized person);

(i) 12-G DCMR § 108.5 (occupying a placarded premises or operating placarded equipment);

(j) 12-G DCMR § 109.1 (building poses imminent danger to building occupants);

(k) 12-G DCMR § 308.2.2 (permitting to exist on the premises discarded or abandoned refrigerators or similar equipment without first removing the doors);

(l) 12-G DCMR § 310.1 (failure to install required carbon monoxide detector);

(m) 12-G DCMR § 310.1.1 (failure to install required single station carbon monoxide detector properly);

(n) 12-G DCMR § 310.1.2 (failure to install required combination smoke/ carbon monoxide detector properly);

(o) 12-G DCMR § 310.2 (failure to maintain required carbon monoxide detection system);

(p) 12-G DCMR § 310.2.1 (failure to replace or repair required carbon monoxide detectors within fifteen (15) days of receipt of notification from occupant or tenant that replacement or repairs are needed);

(q) 12-G DCMR § 603.1.1(improperly located gas meter or fuel-fired appliances);

(r) IPMC § 603.2 (failure to connect fuel-burning equipment to an approved chimney or vent);

(s) IPMC § 603.3 (failure to maintain required clearances to combustible materials);

(t) IPMC § 603.4 (failure to maintain safety controls for fuel-burning equipment);

(u) IPMC § 603.5 (failure to provide supply of air for fuel-burning equipment);

(v) IPMC § 701.2 (failure to provide and maintain required fire safety facilities and equipment);

(w) 12-G DCMR § 701.3 (failure to properly store hazardous, combustible, flammable, explosive or other hazardous materials);

(x) IPMC § 702.1 (failure to provide clear path of travel to the public way);

(y) IPMC § 702.2 (failure to maintain aisles unobstructed);

(z) IPMC § 702.3 (failure to make means of egress doors readily openable);

(aa) 12-G DCMR § 702.4 (failure to maintain required emergency escape openings and egress facilities);

(bb) IPMC § 703.1 (failure to maintain required fire-resistance rating);

(cc) IPMC § 703.2 (failure to maintain required opening protective, fire or smoke stop doors);

(dd) IPMC § 704.1 (failure to maintain required systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire);

(ee) IPMC § 704.1.1 (failure to inspected and maintain automatic sprinkler system);

(ff) 12-G DCMR § 704.1.2 (failure to provide and maintain fire extinguisher);

(gg) 12-G DCMR § 704.2 (failure to install required smoke alarms);

(hh) IPMC § 704.3 (failure to hardwire smoke alarm);

(ii) IPMC § 704.4 (failure to interconnect smoke alarms as required);

(jj) 12-G DCMR § 704.5 (failure to maintain fire alarm system);

(kk) 12-G DCMR § 704.5.1 (failure to maintain manual fire alarm box); or

(ll) IPMC § 704.5.4.4 (tampering with smoke alarm).

Violation of any of the following provisions shall be a Class 2 infraction:

(a) 12-G DCMR § 102.5 (failure to make repairs or installations in a workmanlike manner);

(b) 12-G DCMR § 104.3 (failure to allow code official entry to structure or premises);

(d) 12-G DCMR § 104.3.4 (owner or operator refusal to permit inspection);

(e) 12-G DCMR § 105.4 (failure to follow provisions of 12-A DCMR § 104.9.1 with respect to the use of used materials and equipment);

(f) IPMC § 301.2 (failure to maintain premises in safe and sanitary condition);

(g) IPMC § 301.3 (failure to maintain vacant structures and land in a clean, safe, secure and sanitary condition to prevent causing a blighting problem or adversely affecting the public health and safety);

(h) IPMC § 302.6 (failure to correct condition where pipes, ducts, conductors, fans or blowers discharging gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant );

(i) IPMC § 303.2 (failure to provide proper enclosure of swimming pool, hot tub and/or spa);

(j) IPMC § 304.1 (failure to maintain exterior of structure in good repair, structurally sound and sanitary);

(k) IPMC § 304.1.1 (permitting an unsafe exterior structural condition to exist on premises);

(l) 12-G DCMR § 304.2.1 (failure to properly eliminate peeling, flaking, chipping and defective paint on a pre-1978 structure);

(m) IPMC § 304.4 (failure to maintain a structural member to provide a safe, firm and substantial base and support for the structure at all points);

(n) IPMC § 304.10 (failure to maintain exterior stairway, deck, porch and balcony structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads);

(o) 12-G DCMR § 304.11 (failure to maintain chimneys, cooling towers, smoke stacks, and similar appurtenances structurally safe and sound, and in good repair);

(p) IPMC § 304.12 (failure to maintain handrails and guards);

(q) IPMC § 304.18 (failure to provide building security);

(r) IPMC § 304.18.1 (failure to provide proper deadbolt lock);

(s) IPMC § 304.18.2 (failure to provide proper window lock);

(t) IPMC § 305.1 (failure to maintain interior of structure and equipment therein in good repair, structurally sound and sanitary);

(u) IPMC § 305.1.1 (permitting to exist on premises an unsafe interior structural condition);

(v) IPMC § 305.2 (failure to maintain structural members structurally sound, and capable of supporting the imposed loads);

(w) 12-G DCMR § 305.3 (failure to maintain interior surfaces in good repair);

(x) 12-G DCMR § 305.3.1 (failure to properly eliminate peeling, flaking, chipping and defective paint in a pre-1978 structure);

(y) 12-G DCMR § 305.4 (failure to maintain walking surface in sound condition and good repair);

(z) IPMC § 305.5 (failure to maintain handrails and guards in sound condition and good repair);

(aa) IPMC § 306.1.1 (failure to correct unsafe condition);

(bb) 12-G DCMR § 307.1 (failure to provide proper handrails and/or guardrails in good repair);

(cc) IPMC § 401.2 (occupying or allowing the occupancy of premises not in compliance with light, ventilation or space conditions);

(dd) IPMC § 403.4 (failure to provide proper exhaust system to remove injurious, toxic, irritating or noxious fumes, gases, dusts or mists);

(ee) IPMC § 403.5 (failure to properly exhaust clothes dryer);

(ff) 12-G DCMR § 404.1 (failure to arrange units to provide privacy);

(gg) IPMC § 404.2 (habitable room has less than minimum room width);

(hh) IPMC § 404.3 (space has less than minimum ceiling height);

(ii) IPMC § 404.4.1(insufficient room area);

(jj) 12-G DCMR § 404.4.1.1 (failure to comply with special provisions for existing high-density transient uses);

(kk) IPMC § 404.4.2 (improper access through bedroom);

(ll) 12-G DCMR § 404.4.3 (failure to provide properly accessible water closet);

(mm) 12-G DCMR § 404.4.3 (failure to provide properly accessible lavatory);

(nn) IPMC § 404.4.4 (kitchen or nonhabitable space used for sleeping purposes);

(oo) IPMC § 404.4.5 (bedroom does not comply with applicable provisions of the property maintenance code including but not limited to requirements of Chapters 4, 5, 6 and 7);

(pp) 12-G DCMR § 404.4.6 (subdivided room does not comply with the requirements for a habitable space);

(qq) IPMC § 404.5 (dwelling unit is overcrowded);

(rr) IPMC § 404.6 (failure to provide the minimum requirements for space and occupancy for an efficiency unit);

(ss) IPMC § 501.2 (failure to provide and maintain required plumbing facilities and plumbing fixtures);

(tt) IPMC § 504.3 (failure to correct plumbing system hazard);

(uu) IPMC § 505.1 (failure to provide proper water supply to plumbing fixtures);

(vv) IPMC § 505.2 (failure to protect water supply from contamination);

(ww) IPMC § 505.3 (failure to provide adequate water supply system);

(xx) IPMC § 505.4 (failure to comply with requirements regarding water heaters);

(yy) IPMC § 506.1 (failure to connect plumbing fixture to an approved sewer system);

(zz) IPMC § 506.2 (failure to maintain plumbing stack, vent, waste and sewer lines);

(aaa) IPMC § 601.2 (failure to provide and maintain required mechanical and electrical facilities);

(bbb) IPMC § 602.2 (failure to provide proper heating facilities for residential occupancies capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms);

(ccc) 12-G DCMR § 602.3 (failure to supply heat during a period starting no later than October 1 and ending no earlier than May 1);

(ddd) 12-G DCMR § 602.4 (failure to provide sufficient heat in indoor occupiable work spaces);

(eee) IPMC § 603.1; 12-G DCMR § 603.1.1 (failure to properly install and maintain mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances);

(fff) IPMC § 604.1 (failure to provide electrical system);

(ggg) 12-G DCMR § 604.2 (failure to provide sufficient electrical service for a dwelling unit);

(hhh) IPMC § 604.3 (failure to correct electrical system hazard);

(iii) IPMC § 604.3.1(failure to repair or replace electrical equipment that has been exposed to water);

(jjj) IPMC § 604.3.2 (failure to repair or replace electrical equipment that has been exposed to fire);

(kkk) 12-G DCMR § 702.5 (failure to arrange exits properly);

(lll) 12-G DCMR § 702.6 (failure to provide and maintain required exit signs);

(mmm) 12-G DCMR § 702.7 (failure to provide signage for stairway doors);

(nnn) 12-G DCMR § 704.5.2 (failure to install required fire alarm signage adjacent to each manual fire alarm box);

(ooo) 12-G DCMR § 704.5.3 (failure to post and distribute written notice that provides information about fire alarm systems in the building); or

(ppp) 12-G DCMR § 704.6 (failure to have a fire safety and evacuation plan in high-rise building and hold fire drills as required).

Violation of any of the following provisions shall be a Class 3 infraction:

(a) 12-G DCMR § 302.1 (failure to maintain exterior property and premises in clean, safe and sanitary condition);

(b) IPMC § 302.3 (failure to maintain sidewalk, walkway, driveway, stairs or other walking surface safe for walking purposes);

(c) 12-G DCMR § 302.4 (excessive vegetative growth or weeds exceeding eight (8) inches in height is unattended or creates a dense area of shrubbery that is a detriment to the health, safety and welfare of the public);

(d) IPMC § 302.5 (failure to maintain structures and exterior property free from rodent harborage and infestation);

(e) IPMC § 302.7 (failure to maintain all accessory structures, including detached garages, fences and walls structurally sound and in good repair);

(f) IPMC § 302.8 (failure to comply with a requirement concerning parked, kept or storing of unlicensed or inoperative motor vehicles, painting of vehicles and vehicles in a state of major disassembly, disrepair or in the process of being stripped or dismantled);

(g) IPMC § 302.9 (failure to remove markings, carvings or graffiti and restore exterior surface to approved state of maintenance and repair);

(h) IPMC § 302.9 (willfully or wantonly damaging, mutilating or defacing the exterior surface of any property with markings, carvings or graffiti);

(i) IPMC § 303.1 (failure to maintain swimming pool);

(j) IPMC § 304.2 (failure to maintain required protective treatment on exterior surfaces);

(k) IPMC § 304.5 (failure to maintain foundation wall);

(l) IPMC § 304.6 (failure to maintain exterior walls in a structurally sound condition);

(m) 12-G DCMR § 304.7 (failure to comply with a requirement concerning gutters or drainage);

(n) 12-G DCMR § 304.7.1 (failure to drain storm water to approved place of disposal);

(o) IPMC § 304.8 (failure to maintain decorative feature in good repair with proper anchorage and in a safe condition);

(p) IPMC § 304.9 (failure to maintain overhang extensions in good repair with proper anchorage and in a safe condition);

(q) 12-G DCMR § 304.11.2 (failure to provide a flue opening with a flue crock, or with a metal or masonry thimble);

(r) IPMC § 304.13 (failure to maintain windows, skylights and door frames);

(s) IPMC § 304.15 (failure to maintain exterior doors);

(t) IPMC § 304.16 (failure to maintain basement hatchway);

(u) 12-G DCMR § 304.18.3 (failure to provide proper basement hatchway lock);

(v) 12-G DCMR § 305.3 (failure to maintain interior surfaces in good repair);

(w) 12-G DCMR § 308.1 (failure to maintain premises free from any accumulation of rubbish and garbage);

(x) 12-G DCMR § 308.2 (failure to dispose of rubbish in approved containers);

(y) 12-G DCMR § 308.2.1 (failure to maintain proper rubbish storage facilities);

(z) 12-G DCMR § 308.2.3 (operator of a housing business permitting the accumulation of rags, waste paper, broken furniture or any combustible junk);

(aa) 12-G DCMR § 308.3 (Occupant of a structure not disposing of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers);

(bb) 12-G DCMR § 308.3.1 (Owner of the dwelling failed to supply either an approved mechanical food waste grinder in each dwelling unit or an approved leak-proof, covered, outside garbage container);

(cc) 12-G DCMR § 308.3.2 (failure to provide and cause to be utilized approved leak-proof containers provided with close-fitting covers for the storage of garbage until removed from the premises for disposal);

(dd) 12-G DCMR § 308.4 (failure to maintain storage receptacles in clean condition);

(ee) 12-G DCMR § 309.1 (failure to maintain structure free from insect and rodent infestation);

(ff) 12-G DCMR § 309.2 (Failed to exterminate prior to renting or leasing the structure);

(ii) 12-G DCMR § 309.3 (Failed to exterminate one-family dwelling or single-tenant nonresidential structure);

(jj) 12-G DCMR § 309.4 (failure to maintain non-residential structure containing multiple occupants free from insects, rodents and rodent harborages );

(kk) 12-G DCMR § 309.4.1(failure to correct condition that cause infestation of non-residential structure);

(ll) 12-G DCMR § 309.5 (failure to maintain multiple occupancy residential structures and exterior property free from insects, rodents and rodent harborages);

(mm) 12-G DCMR § 309.5.1 (failure of owner to provide required extermination services);

(nn) 12-G DCMR §§ 402.1 through 402.1.2 (failure to provide adequate lighting in space intended for human occupancy);

(oo) 12-G DCMR § 402.2 (failure to provide common areas, stairways and means of egress with sufficient illumination);

(pp) IPMC § 402.3 (failure to provide sufficient illumination);

(qq) 12-G DCMR § 402.3.1 (failure to provide bathroom, toilet room and other similar rooms sufficient illumination);

(rr) 12-G DCMR § 403.1 (failure to provide proper natural or artificial ventilation);

(ss) IPMC § 403.2 (failure to provide proper ventilation for bathroom or toilet room);

(tt) IPMC § 403.3 (allowing cooking, cooking facility, or cooking appliance in rooming unit or dormitory unit);

(uu) IPMC § 404.7 (spaces occupied for food preparation purposes do not contain suitable space and equipment to store, prepare and serve foods in a sanitary manner including adequate facilities for the sanitary disposal of food wastes and refuse);

(vv) 12-G DCMR § 404.7.1 (failure of owner who furnishes facilities for cooking, storage or refrigeration of food that are not within a sleeping unit or dwelling unit to maintain those facilities in a safe and sanitary condition and in good working order);

(ww) IPMC § 502.1 (failure to provide and maintain required plumbing facilities and plumbing fixtures in dwelling units);

(xx) IPMC § 502.2 (failure to provide and maintain required plumbing facilities and plumbing fixtures in rooming house);

(yy) IPMC § 502.3 (failure to provide and maintain required plumbing facilities and plumbing fixtures in hotel);

(zz) IPMC § 502.4 (failure to provide required plumbing facilities for employees);

(aaa) IPMC § 502.4.1 (failure to provide proper drinking facilities for employees);

(bbb) IPMC § 502.5 (failure to maintain public toilet facilities in safe, sanitary and working condition);

(ccc) IPMC § 503.1 (failure to provide privacy for bathrooms and toilet rooms);

(ddd) IPMC § 503.2 (failure to provide convenient access to toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units);

(eee) IPMC § 503.3 (failure to provide convenient access to employee toilet facilities);

(fff) 12-G DCMR § 503.4 (failure to provide proper floor and wall base in toilet room);

(ggg) IPMC § 504.1 (failure to properly install and maintain plumbing fixture);

(hhh) IPMC § 504.2 (failure to provide adequate clearances for usage and cleaning of plumbing fixtures);

(iii) 12-G DCMR § 505.4.1(failure to have water heating facility inspected annually and maintain the inspection and service reports available onsite);

(jjj) IPMC § 506.3 (failure to maintain grease interceptor);

(kkk) IPMC § 507.1 (allowing drainage to discharge in a manner that creates a public nuisance);

(lll) 12-G DCMR § 602.6 (failure to have heating facility inspected annually and to make inspection and service reports available onsite in the office of the building operator or in another permitted manner if no on-site office );

(mmm) IPMC § 603.6 (failure to remove unapproved energy conservation devices);

(nnn) IPMC § 605.1(failure to properly install and maintain electrical equipment, wiring and appliances in a safe manner);

(ooo) IPMC § 605.2 (failure to provide and maintain proper electrical receptacles);

(ppp) IPMC § 605.3 (failure to provide and maintain proper electric luminaire);

(qqq) 12-G DCMR § 605.4 (failure to perform preventative maintenance on switchboards having a capacity of 1000 amperes or larger);

(rrr) IPMC § 607.1 (failure to maintain duct system free of obstructions and capable of performing the required function);

(sss) 12-G DCMR § 608.1 (failure to maintain air conditioning system); or

(ttt) 12-G DCMR § 608.2 (failure to have air conditioning system inspected annually and maintain the inspection and service reports available onsite).

Violation of any of the following provisions shall be a Class 4 infraction:

(a) IPMC § 302.2 (failure to maintain grading of premises to prevent erosion or the accumulation of stagnant water);

(b) 12-G DCMR § 304.3 (failure to properly display premises address);

(c) 12-G DCMR § 304.7.2 (failure to grade premises so that storm drainage flows away from buildings and to an approved place of disposal);

(d) 12-G DCMR § 304.7.3 (failure to grade premises so avoid accumulation of water);

(e) 12-G DCMR § 304.11.1 (failure to close a chimney opening which is unused);

(f) IPMC § 304.13.1 (failure to maintain glazing materials free from cracks and holes);

(g) IPMC § 304.13.2 (failure to maintain openable windows);

(h) 12-G DCMR § 304.14 (failure to maintain insect screens);

(i) IPMC § 304.17 (failure to provide basement windows with protection from entry by rodents);

(j) IPMC § 304.19 (failure to maintain exterior gate in good condition); or

(k) IPMC § 305.6 (failure to maintain interior doors).

History

SOURCE: Final Rulemaking published at 52 DCR 4908 (May 27, 2005); as amended by Final Rulemaking published at 57 DCR 3096 (April 9, 2010); as amended by Final Rulemaking published at 64 DCR 1045 (February 3, 2017). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3309

16 DCMR § 3310 HOUSING INSPECTION DIVISION NOISE INFRACTIONS

3310.1 [RESERVED]

3310.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 20 DCMR § 2701.1 (causing or permitting sounds emanating from operations, activities or other sources under one's control to exceed the maximum noise level);

(b) 20 DCMR § 2800.2 (using, operating, or permitting to be used any musical instrument device, loud speaker, sound amplifier, or other device in excess of the maximum noise level);

(c) 20 DCMR § 2802.1 (permitting noise levels resulting from construction or demolition to exceed the maximum noise level);

(d) 20 DCMR § 2803.2 (permitting noise to emanate from construction, excluding home repairs within residential, special purpose, or waterfront zone on any Sunday or legal holiday, or after 7:00 p.m., and before 7:00 a.m., on any weekday);

(e) 20 DCMR § 2804.2 (permitting blasting with explosives on any Sunday or legal holiday or at nighttime on weekdays, without a special permit);

(f) 20 DCMR § 2806.2 (operating or permitting the operation of any refuse collection vehicle in any residential, special purpose, or waterfront zone at nighttime on any day of the week);

(g) 20 DCMR § 2810.1 (selling or offering to sell a new motor vehicle or motor cycle that is to be registered for use upon the public highway that exceeds the maximum noise levels; or

(h) 20 DCMR § 2810.2 (failure of the manufacturer, distributor, importer or his or her designated agent to certify in writing to the Mayor that all motor vehicles or motorcycles sold by him or her in the District comply with the applicable maximum noise levels).

3310.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 20 DCMR § 2703.3 (permitting noise to emanate from railroad cars operated by the Washington Metropolitan Area Transit Authority to exceed the maximum noise level);

(b) 20 DCMR § 2801.2 (permitting noise resulting from the use of any air conditioning, refrigerator, heat pump, fan, swimming pool equipment, or other mechanical equipment to exceed the maximum noise level);

(c) 20 DCMR § 2811.5 (operating a motor vehicle equipped with an engine speed governor that generates a sound level in excess of the maximum noise level);

(d) 20 DCMR § 2812.1 (modifying or altering the exhaust system of a motor vehicle or motorcycle in a manner that will amplify or increase the noise emitted by the vehicle in excess of the maximum noise level); or

(e) 20 DCMR § 2812.2 (using, operating a motor vehicle or a motorcycle having an exhaust system that has been modified or altered in a manner that will increase the noise emitted by the vehicle above the maximum noise level);

3310.4 Violation of any provision of the District of Columbia Noise Control Regulations, 20 DCMR, Chapters 27 to 29, which provision or rule is not cited elsewhere in this section, shall be a Class 4 infraction.

History

SOURCE: Final Rulemaking published at 52 DCR 4903 (May 27, 2005). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3310

16 DCMR § 3311 VACANT PROPERTY INFRACTIONS

3311.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) Section 6(a) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, effective April 27, 2001 (D.C. Law 13-281; D.C. Official Code § 42-3131.06(a) (2010 Repl. & 2011 Supp.)) (failure to initiate registration of a vacant building within thirty (30) days after a building becomes vacant);

(b) Section 6(e) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.06(e) (2010 Repl. & 2011 Sup.)) (failure to report change of name or address of owner within thirty (30) days of occurrence);

(c) Section 7(a) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.07(a) (2010 Repl.)) (failure to allow inspection of vacant building);

(d) Section 7(a)(5) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.07(a)(5)(2010 Repl.)) (making false statements or misrepresentations upon the registration application); or

(e) Being designated by the Mayor as a “blighted vacant building” (D.C. Official Code § 42-3131.05(1)(A) (2011 Supp.)).

3311.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) Section 6(a) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.06(a) (2010 Repl. & 2011 Supp.)) (failure to pay appropriate registration fees);

(b) Section 6(b) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.06(b) (2011 Supp.)) (failure to apply for registration after exemption status expires);

(c) Section 6(d) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.06(d) (2010 Repl. & 2011 Supp.) (failure to apply for new registration after registered building is transferred or otherwise conveyed);

(d) Sections 6(a) and 12 of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.06(a) (2010 Repl. & 2011 Supp.)) and D.C. Official Code § 42-3131.12(2010 Repl.)) (failure to maintain a vacant building in compliance with the requirements of D.C. Official Code § 42-3131.12);

(e) Section 7(a) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.07(a)(2010 Repl.)) (failure to timely renew registration status);

(f) Section 7(a)(2)(A) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.07(a)(2)(A)(2010 Repl.)) (vacant property is detrimental to the public health, safety, and welfare);

(g) Section 7(a)(2)(B) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.07(a)(2)(B)(2010 Repl.)) (property unreasonably interferes with the reasonable and lawful use and enjoyment of other premises within the neighborhood);

(h) Section 7(a)(2)(C) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.07(a)(2)(C)(2010 Repl.)) (poses a hazard to police officers or fire fighters entering the building in an emergency);

(i) Section 7(a)(3) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.07(a)(3)(2010 Repl.)) (the building fails to comply with the fire, building, and housing codes of the District); or

(j) Section 8 of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.08(2010 Repl.)) (proceeding with any operation related to registration after notice of revocation is issued).

3311.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) Section 12(1) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(1)(2010 Repl.)) (doors, windows, areaways, and other openings are not weather tight and secured against entry by birds, vermin, and trespassers; or missing or broken doors, windows and other openings are not covered with one-half inch (1/2 in.) CDX plywood that is weather protected, tightly fitted to the opening, and secured by screws or bolts);

(b) Section 12(2) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(2)(2010 Repl.)) (the roof and flashing are not sound and tight, will admit moisture, or are not drained to prevent dampness or deterioration in the walls or interior);

(c) Section 12(3) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(3)(2010 Repl.)) (the building storm drainage system is not adequately sized and installed in an approved manner and functional);

(d) Section 12(4) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(4)(2010 Repl.)) (the interior or exterior are not maintained in good repair, structurally sound, free from debris, rubbish and garbage, and sanitary so as not to threaten public health or safety);

(e) Section 12(5) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(5)(2010 Repl.)) (the structural members are not free of deterioration and capable of safely bearing imposed dead and live loads);

(f) Section 12(6) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(6)(2010 Repl.)) (the foundation walls are not plumb, free from open cracks and breaks, or vermin proof);

(g) Section 12(7) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(7)(2010 Repl.)) (the exterior walls are not free of graffiti, holes, breaks, or loose and/or rotting materials, and exposed metal and wood surfaces are not protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint);

(h) Section 12(8) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(8)(2010 Repl.)) (the cornices, belt courses, corbels, terra cotta trim, wall facings, and similar decorative features are not safe, anchored, and in good repair, and exposed metal and wood surfaces are not protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint);

(i) Section 12(9) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(9)(2010 Repl.)) (all balconies, canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts, and similar features are not in good repair, anchored, safe and sound, and exposed metal and wood surfaces are not protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint);

(j) Section 12(10) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(10)(2010 Repl.)) (chimneys, cooling towers, smokestacks, and similar appurtenances are not structurally safe, sound, and in good repair, and exposed metal and wood surfaces are not protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint);

(k) Section 12(11) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(11)(2010 Repl.)) (openings in sidewalks are not safe for pedestrian travel);

(l) Section 12(12) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(12)(2010 Repl.)) (accessory and appurtenant structures such as garages, sheds, and fences are not free from safety, health and fire hazards, including graffiti);

(m) Section 12(13) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(13)(2010 Repl.)) (the property on which a structure is located is not clean, safe, and sanitary, and threatens the public health or safety); or

(n) Section 13 of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.13(2010 Repl.)) (failure to allow or maintain the affixing to the vacant building of a sign posted by the Mayor or the Department of Consumer and Regulatory Affairs).

History

SOURCE: Final Rulemaking published at 52 DCR 4908 (May 27, 2005); as amended by Emergency and Proposed Rulemaking published at 58 DCR 3075 (April 8, 2011)[EXPIRED]; as amended by Emergency Rulemaking published at 58 DCR 6449 (July 29, 2011)[EXPIRED]; as amended by Emergency Rulemaking published at 58 DCR 10013 (November 25, 2011)[EXPIRED]; as amended by Final Rulemaking published at 59 DCR 776 (February 3, 2012). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3311

16 DCMR § 3312 ZONING DIVISION INFRACTIONS – ZONING REGULATIONS OF 1958

3312.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) 11 DCMR § 3203 (failure to obtain a certificate of occupancy or use beyond scope of certificate of occupancy);

(b) 11 DCMR § 3205 (failure to comply with conditions in Board of Zoning Adjustment or Zoning Commission orders); or

3312.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 11 DCMR § 400.1 (failure to conform to height limitations for buildings allowed in residential districts);

(b) 11 DCMR § 530.1 (failure to conform to height limitations for buildings allowed in special purpose districts);

(d) 11 DCMR § 630.1 (failure to conform to height limitations for buildings allowed in mixed-use districts);

(e) 11 DCMR § 1203.1 (failure to conform to height limitations for buildings allowed in Capitol Interest Districts);

(f) 11 DCMR § 770.1 (failure to conform to height limitations for buildings allowed in commercial districts);

(g) 11 DCMR § 840.1 (failure to conform to height limitations for buildings allowed in industrial districts);

(h) 11 DCMR § 2101.2 (failure to obtain Board of Zoning Adjustment approval prior to reducing required accessory parking);

(i) 11 DCMR § 2115 (failure to comply with the size requirements for parking spaces for vehicles);

(j) 11 DCMR § 2200.1 (failure to provide and/or maintain a loading berth, loading platform or service/delivery loading space);

(k) 11 DCMR § 2303 (failure to keep parking lot free of refuse and debris); or

(l) 11 DCMR § 2303.1(b) (failure to design a parking lot so that no vehicle or any part of a vehicle projects over the lot line or building line).

3312.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 11 DCMR § 203 (failure to obtain a home occupation permit, or use beyond scope of a home occupation permit).

(b) 11 DCMR § 402 (failure to comply with limitations on floor area ratios allowed in residential districts);

(d) 11 DCMR § 631 (failure to comply with limitations on floor area ratios allowed in mixed-use districts);

(e) 11 DCMR § 771 (failure to comply with limitations on floor area ratios allowed in commercial districts);

(f) 11 DCMR § 841 (failure to comply with limitations on floor area ratios allowed in industrial districts);

(g) 11 DCMR § 931(failure to comply with limitations on floor area ratios for buildings and structures in waterfront districts);

(h) 11 DCMR § 1203.3 (failure to comply with limitations on floor area ratios allowed in Capitol Interest Districts);

(i) DCMR § 2119.1 (failure to provide bicycle parking spaces when required);

(j) 11 DCMR § 2117.3 (failure to stripe and line all required parking spaces);

(k) DCMR § 2117.11 (failure to provide landscaping for parking spaces when required);

(l) 11 DCMR § 2117.12 (failure to properly screen all open parking spaces when required);

(m) DCMR § 2119.2 (failure to provide clean, secure and convenient bicycle facilities);

(n) 11 DCMR § 2505 (failure to comply with requirements for the excavation of rock, clay, sand, or gravel for commercial purposes or the operation of a rock quarry); or

(o) DCMR § 3203.3 or 12 DCMR § 118.1.4 (failure to conspicuously post a certificate of occupancy).

3312.4 Violation of any of the following provisions shall be a Class 4 infraction:

(a) 11 DCMR § 403 (failure to comply with limitations on lot occupancy allowed in residential district);

(b) 11 DCMR § 532 (failure to comply with limitations on lot occupancy allowed in special purpose, waterfront district);

(d) 11 DCMR § 772 (failure to comply with limitations on lot occupancy allowed in commercial district);

(e) 11 DCMR § 932 (failure to comply with limitations on lot occupancy allowed in waterfront district);

(f) 11 DCMR § 404 (failure to comply with limitations on rear yards allowed in residential districts);

(g) 11 DCMR § 534 (failure to comply with limitations on rear yards allowed in special purpose districts);

(h) 11 DCMR § 636 (failure to comply with limitations on rear yards allowed in mixed use districts);

(i) 11 DCMR § 774 (failure to comply with limitations on rear yards allowed in commercial districts);

(j) 11 DCMR § 842 (failure to comply with limitations on rear yards allowed in industrial districts);

(k) 11 DCMR § 933 (failure to comply with limitations on rear yards allowed in waterfront districts);

(l) 11 DCMR §405 (failure to comply with limitations on side yards allowed in residential districts);

(m) 11 DCMR § 535 (failure to comply with limitations on side yards allowed in special purpose districts);

(n) 11 DCMR § 934 (failure to comply with limitations on side yards allowed in waterfront districts);

(o) 11 DCMR § 775 (failure to comply with limitations on side yards allowed in commercial districts);

(p) 11 DCMR § 843 (failure to comply with limitations on side yards allowed in industrial districts);

(q) 11 DCMR § 533 (failure to comply with limitations on residential recreation space required in special purpose districts);

(r) 11 DCMR § 635 (failure to comply with limitations on private residential recreation space allowed in mixed use districts);

(s) 11 DCMR § 773 (failure to comply with limitations on residential recreation space allowed in commercial districts);

(t) 11 DCMR § 2119.8 (failure to post a sign stating where bicycle parking spaces are located in the building when such spaces are required); or

(u) 11 DCMR § 2504 (failure to comply with limitations on the removal of topsoil or sod).

History

SOURCE: Final Rulemaking published at 52 DCR 4903 (May 27, 2005); as amended by Final Rulemaking published at 66 DCR 1079 (January 25, 2019). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3312

16 DCMR § 3313 VENDING BUSINESS LICENSE INFRACTIONS

3313.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) 24 DCMR § 502.1 (failure to have and maintain general license requirements);

(b) 24 DCMR §§ 503.3(f), (g), (h), and (i) (selling alcohol, drugs, controlled substances, or drug paraphernalia);

(d) 24 DCMR § 512.1 (suspension or revocation of vending site permit for the enumerated violations);

(e) 24 DCMR § 516 (suspension or revocation of Mobile Roadway vending site permit for the enumerated violations);

(f) [RESERVED];

(g) 24 DCMR § 535.1(a) (vending in a legal parking space that meets the requirements of § 535.2);

(h) 24 DCMR § 541.1 (vending from an unauthorized public market);

(i) 24 DCMR § 541.2 (managing a public market without a Class C vending business license);

(j) 24 DCMR § 551.2 (vending after the expiration of a vending business license, vending site permit, or any other required license, permit, certificate or authorization); and

(k) 24 DCMR § 562.3 (alteration, mutilation, forgery, or illegal display of any license, permit, or certificate of authority).

3313.2 Violation of any of the following provisions shall be a Class 2 infraction:

24 DCMR §§ 503.3 (a), (j), (k), and (l) (selling animals, offensive merchandise, or counterfeit merchandise);

24 DCMR § 508.4 (vending at unauthorized vending location);

24 DCMR § 517.1 (vending without a health inspection certificate issued by the Department of Health);

24 DCMR § 521.1 (vending without a Department of Health-issued food protection manager certificate or food protection manager identification card);

24 DCMR § 522.1 (vending without a propane or open flame permit issued by the Fire and Emergency Medical Services Department);

24 DCMR § 523.1 (vending without a hood suppression system approved by the Fire and Emergency Medical Services Department);

24 DCMR § 527.1 (vending at unauthorized vending locations in the Old Georgetown vending zone);

24 DCMR § 533.7 (mobile vending within 200 feet of designated MRV location);

24 DCMR § 534.6 (vending in designated MRV location beyond the authorized hours of operation);

24 DCMR § 538.5 (transfer of sidewalk vending lottery registration or sidewalk vending location assignment);

24 DCMR § 539.9 (transfer of roadway vending lottery registration or roadway vending location assignment);

24 DCMR § 540 (mobile vending in an unassigned designated MRV location);

24 DCMR § 540.5 (transfer of designated MRV location permit assignments, without approval);

24 DCMR § 538.1 (vending in unassigned vending location);

24 DCMR § 543 (failure to adhere to ice cream roadway vendors operational standards)

24 DCMR § 556.1 (vending without fire extinguisher);

24 DCMR § 556.2 (failure to adhere to propane operating standards);

24 DCMR § 562.6 (failure to provide license, permits, or certificates to authorized District government representative);

24 DCMR §§ 562.4 and 562.5 (vending license, permits, or certificates placed on an unauthorized vending vehicle, cart, or stand);

24 DCMR § 563.1 (failure of vending vehicle or cart to be registered and displaying current tags);

24 DCMR § 571.2 (failure of vendor vending at licensed special event to comply with business registration and license requirements);

24 DCMR § 573 (unauthorized soliciting);

24 DCMR § 573.6 (buying or selling tickets in an area not designated for that purpose); and

24 DCMR § 574 (vending depot operating requirements).

3313.3 Violation of any of the following provisions shall be a Class 3 infraction:

24 DCMR § 552.1 (vending beyond the authorized hours of operation);

24 DCMR § 557.1 (vending while creating a noise disturbance); and

24 DCMR §§ 564.1, 564.3, 564.4, and 564.7 (failure to adhere to vendor employee operating requirements).

Violation of any of the following provisions shall be a Class 5 infraction:

24 DCMR § 503.2 (vending items not authorized under the vending business license class);

24 DCMR § 525.1(d) (vending at unauthorized locations in the central vending zone);

24 DCMR § 525.1(e) (vending at unauthorized locations outside the central vending zone);

24 DCMR § 525.1(f) (vending at unauthorized vending locations);

24 DCMR §§ 535.1(a-1) (failure to clearly display an MRV Site Permit); § 535.1(b) (failure to pay all parking meter fees), and § 535.1(c) (failure to obey all posted time restrictions);

24 DCMR § 545 (failure to adhere to vending cart design standards);

24 DCMR § 546 (failure to adhere to vending vehicle design standards);

24 DCMR § 547 (failure to adhere to vending stand design standards);

24 DCMR § 548 (failure to adhere to food vending cart or vehicle design standards);

[RESERVED];

24 DCMR § 551.3 (vending while violating traffic or parking restrictions);

24 DCMR §§ 553.2, 553.3, and 553.4 (placement of vending vehicles, carts, or stands);

24 DCMR § 554 (placement of equipment and related items);

24 DCMR § 562.1 (failure to conspicuously display all vending-related licenses, permits, and other certificates);

24 DCMR § 565.1 (vending while failing to maintain vending location free from litter);

24 DCMR §§, 561, 562, and 563 (failure to adhere to other operating standards);

24 DCMR § 567 (purchase or receipt of stock in public space)

24 DCMR § 569.1 (failure to provide updated information);

24 DCMR § 572 (failure to adhere to street photography operating standards); and

Any provision of the vending business license regulations promulgated pursuant to the Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18-71; 56 DCR 6619), which is not cited elsewhere in this section.

History

SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013); as amended by the Repeat Parking Violations Amendment Act of 2018, effective April 11, 2019 (D.C. Law 22-0298; 66 DCR 2017 (February 15, 2019)). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3313

16 DCMR § 3314 GREEN BUILDING CODE AND ALTERNATIVE COMPLIANCE PATH INFRACTIONS

The following abbreviations apply to this section and refer to referenced standards adopted by the 2013 District of Columbia Green Construction Code:

ASHRAE- American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc.

LEED-Leadership in Energy & Environmental Design

3314.1 GREEN BUILDING CODE INFRACTIONS

12-K DCMR § 405.3 (failure to comply with fifty percent (50%) native planting requirement). Fine Amount: $20.00 per square foot of unplanted native planting area as specified in construction documents.

12-K DCMR § 406.1 (failure to comply with seventy-five percent (75%) diversion requirement for land-clearing debris). Fine Amount:

$60.00 per ton of land-clearing debris [based on waste hauling receipts and documentation]; or

$16.00 per cubic yard of land-clearing debris [based on waste hauling receipts and documentation].

12-K DCMR § 406.3 (failure to provide verification of compliance with seventy-five percent (75%) diversion requirement for land-clearing debris). Fine Amount: $1.00 per square foot of land area disturbed as submitted at permit.

12-K DCMR § 503.1 (failure to comply with requirement to recycle or salvage at least fifty percent (50%) of nonhazardous construction waste). Fine Amount:

$60.00 per ton of land-clearing debris [based on waste hauling receipts and documentation]; or

$16.00 per cubic yard of land-clearing debris [based on waste hauling receipts and documentation].

12-K DCMR § 503.2 (failure to provide verification of compliance with requirement to recycle or salvage at least fifty percent (50%) of nonhazardous construction waste). Fine Amount: $1.00 per square foot of building submitted at permit.

12-K DCMR § 505.1 (failure to comply with material selection requirements); fine amount $0.05 per dollar below the minimum forty percent (40%) based on cost required by code.

12-K DCMR § 505.3 (failure to provide documentation verifying compliance with material selection or whole building life cycle). Fine Amount: two percent (2%) of “Estimated Cost of Work” in permit application.

12-K DCMR § 903.2 (failure to provide preliminary commissioning report to code official upon request). Fine Amount: $1.00 per square foot of gross floor area of the project as submitted at permit.

12-K DCMR § 903.3 (failure to provide final commissioning report to code official upon request). Fine Amount: $2.00 per square foot of gross floor area of the project as submitted at permit.

12-K DCMR Appendix A § A104.9.4 (failure to complete vegetated roof elective). Fine Amount: $20.00 per square foot of unplanted vegetated roof area based on submitted and approved construction documents.

12-K DCMR Appendix A§ A104.10 (failure to complete native planting elective). Fine Amount: $20.00 per square foot of unplanted native planting area based on submitted and approved construction documents.

12-K DCMR Appendix A § A105.1 and 12-K DCMR §503.2 (failure to provide documentation of compliance with waste management project elective). Fine Amount: $1.00 per square foot of gross floor area of project as submitted at permit.

12-K DCMR Appendix A§ A105.1 and 12-K DCMR §503.1 (failure to comply with elective to recycle or salvage at least seventy percent (70%) of nonhazardous construction waste). Fine Amount: $60.00 per ton, or $16.00 per cubic yard, of nonhazardous waste material [based on waste hauling receipts and documentation].

12-K DCMR Appendix A § A105.2 and 12-K DCMR §503.2 (failure to provide documentation of compliance with construction wste landfill maximum project elective). Fine Amount: $1.00 per square foot of gross floor area of project as submitted at permit.

12-K DCMR Appendix A § A105.2 and 12-K DCMR §503.1 (failure to comply with construction waste landfill elective of maximum of 4lbs/sqft). Fine Amount: $60.00 per ton of nonhazardous waste material [based on waste hauling receipts and documentation].

12-K DCMR Appendix A § A105.3, option 1, and 12-K DCMR §505.2 (failure to comply with fifty percent (50%) material selection elective) fine amount $0.05 per dollar below the minimum fifty percent (50%) based on cost required by code.

12-K DCMR Appendix A § A105.3, option 1, and 12-K DCMR §505.3 (failure to provide documentation of compliance with fifty percent (50%) material selection elective).Fine Amount: 2.5% of “Estimated Cost of Work” in permit application.

12-K DCMR Appendix A § A105.3, option 2, and 12-K DCMR §505.2 (failure to comply with seventy-five percent (75%) material selection elective). Fine amount $0.05 per dollar below the minimum seventy-five percent (75%) based on cost required by code.

12-K DCMR Appendix A § A105.3, option 2, and 12-K DCMR §505.3 (failure to provide documentation of compliance with seventy-five percent (75%) material selection elective). Fine Amount: 3.75% of “Estimated Cost of Work” in permit application.

3314.2 ASHRAE 189.1 INFRACTIONS

12-K DCMR § 303.1, ASHRAE 189.1 § 5.4.1.1.a Greenfield sites (failure to retain twenty percent (20%) of native site vegetation). Fine Amount: $20.00 per square foot of vegetated area based on approved area in construction documents.

12-K DCMR § 303.1, ASHRAE 189.1 § 5.4.1.1.b Greenfield sites (failure to develop or retain twenty percent (20%) of site as vegetated area). Fine Amount: $20.00 per square foot of vegetated area based on approved area in construction documents.

12-K DCMR § 303.1, ASHRAE 189.1 § 5.4.1.1.b Greenfield sites (failure to develop or retain minimum sixty percent (60%) of site vegetated area as native and/or adaptive plants). Fine Amount: $20.00 per square foot of vegetated area based on approved area in construction documents.

12-K DCMR § 303.1, ASHRAE 189.1 § 6.3.1.1 Landscape Design (failure to provide a minimum of sixty percent (60%) of improved landscape as native and/or adaptive plants). Fine Amount: $20.00 per square foot of planting area based on approved area in construction documents.

12-K DCMR § 303.1; ASHRAE 189.1 § 9.3.1.1 Construction Waste Management Diversion (failure to recycle or salvage at least fifty percent (50%) of nonhazardous construction waste). Fine Amount: $60.00 per ton or $16.00 per cubic yard of nonhazardous waste material not recycled below the minimum fifty percent (50%) required by code.

12-K DCMR § 303.1; ASHRAE 189.1 § 9.3.1.1 Construction Waste Management Diversion (failure to provide verification of compliance at code official request). Fine Amount: $1.00 per square foot of building submitted at permit.

12-K DCMR § 303.1, ASHRAE 189.1 § 9.3.1.2 Construction Waste Management Total Waste (failure to meet construction waste maximum of 1.2 lbs/sqft). Fine Amount: $60.00 per ton of construction waste material generated above the maximum 1.2 lbs/sqft required by code.

12-K DCMR § 303.1, ASHRAE 189.1 § 9.3.1.2 Construction Waste Management Total Waste (failure to provide verification of compliance at code official request). Fine Amount: $1.00 per square foot of building submitted at permit.

12-K DCMR § 303.1, ASHRAE 189.1 § 9.4.1.1 Reduced Impact materials, Recycled Content (failure to meet ten percent (10%) based on cost of recycled content materials). Fine Amount: $0.05 per dollar below the minimum ten percent (10 %) required by code.

12-K DCMR § 303.1, ASHRAE 189.1 § 9.4.1.1 Reduced Impact materials, Recycled Content (failure to provide verification of compliance at code official request). Fine Amount: $0.05 per dollar of ten percent (10%) of the “Estimated Cost of Work” in permit application.

12-K DCMR § 303.1, ASHRAE 189.1 § 9.4.1.2 Reduced Impact materials, Regional Materials (failure to comply with regional materials requirements). Fine amount: $0.05 per dollar below the minimum fifteen percent (15%) required by code.

12-K DCMR § 303.1, ASHRAE 189.1 § 9.4.1.2 Reduced Impact materials, Regional Materials (failure to provide verification of compliance at code official request). Fine Amount: $0.05 per dollar of fifteen percent (15%) of the “Estimated Cost of Work” in permit application.

12-K DCMR § 303.1, ASHRAE 189.1 § 9.4.1.3 Reduced Impact materials, Biobased products (failure to comply with biobased product requirements). Fine amount $0.05 per dollar below the minimum five percent (5%) required by code.

12-K DCMR § 303.1, ASHRAE 189.1 § 9.4.1.3 Reduced Impact materials, Biobased products (failure to provide verification of compliance at code official request). Fine Amount: $0.05 per dollar of five percent (5%) of the “Estimated Cost of Work” in permit application.

12-K DCMR § 303.1, ASHRAE 189.1 § 9.4 (failure to provide verification of compliance at code official request). Fine Amount: $0.05 per dollar of forty-five percent (45%) of the reported “Estimated Cost of Work” in permit application.

12-K DCMR § 303.1, ASHRAE 189.1 § 10.3.3 Final Commissioning Report (failure to provide final commissioning report to code official upon request). Fine Amount: $2.00 per square foot of gross floor area of the project as submitted at permit application.

3314.3 LEED INFRACTIONS

3314.3.1 12-A DCMR § 101.4.9.4.2.2 (failure to submit evidence of LEED certification within twelve (12)-month period following date of issuance of first certificate of occupancy for occupiable space in a story above grade plane). Fine Amount:

(a) $7.50 per square foot of gross floor area of construction if the project is less than 100,000 square feet (9290 m2) of gross floor area.

(b) $10.00 per square foot of gross floor area of construction if the project is equal to or greater than 100,000 square feet (9290 m2) of gross floor area.

3314.3.2 12-A DCMR § 101.4.9.4.2.2 (failure to submit evidence of LEED certification within forty-eight (48) calendar months after receipt of the first certificate of occupancy for occupiable space in a story above grade plane. Fine Amount:

(a) $0.02 per square foot of gross floor area of the project to the District of Columbia.

(b) The fine shall be assessed for each month that the violation remains uncorrected.

(c) The fine shall be in addition to any fines issued under Section 3314.3.1 and shall not be subject to the $3,000,000 limit under Section 3314.3.1.

3314.4 GREEN COMMUNITIES INFRACTIONS

3314.4.1 12-A DCMR § 101.4.9.4.2.3 (failure to submit evidence of compliance with Enterprise Green Community Partners standard within twelve (12)-month period following date of issuance of first certificate of occupancy for occupiable space in a story above grade plane). Fine Amount:

(a) $7.50 per square foot of gross floor area of construction if the project is less than 100,000 square feet (9290 m2) of gross floor area.

(b) $10.00 per square foot of gross floor area of construction if the project is equal to or greater than 100,000 square feet (9290 m2) of gross floor area.

3314.4.2 12-A DCMR § 101.4.9.4.2.3 (failure to submit evidence of compliance with Enterprise Green Community Partners standard within forty-eight (48)-month period following date of issuance of first certificate of occupancy for occupiable space in a story above grade plane). Fine Amount:

(a) $0.02 per square foot of gross floor area of the project.

(b) The fine shall be assessed for each month that the violation remains uncorrected.

(c) The fine shall be in addition to any fines issued under Section 3314.4.1 and shall not be subject to the $3,000,000 limit under Section 3314.4.1.

3314.5 NATIONAL GREEN BUILDING STANDARD (ICC 700) INFRACTIONS

3314.5.1 12-A DCMR § 101.4.9.4.2.4 (failure to submit evidence of compliance with the National Green Building Standard, ICC 700, and the EPA’s Energy Star New Homes program or Multifamily High Rise Program within twelve (12)-month period following date of issuance of first certificate of occupancy for occupiable space in a story above grade plane). Fine Amount:

(a) $7.50 per square foot of gross floor area of construction if the project is less than 100,000 square feet (9290 m2) of gross floor area.

(b) $10.00 per square foot of gross floor area of construction if the project is equal to or greater than 100,000 square feet (9290 m2) of gross floor area.

3314.5.2 12-A DCMR § 101.4.9.4.2.4 (failure to submit evidence of compliance with the National Green Building Standard, ICC 700, and the EPA’s Energy Star New Homes program or Multifamily High Rise Program within forty-eight (48)-month period following date of issuance of first certificate of occupancy for occupiable space in a story above grade plane). Fine Amount:

(a) $0.02 per square foot of gross floor area of the project to the District of Columbia.

(b) The fine shall be assessed for each month that the violation remains uncorrected.

(c) The fine shall be in addition to any fines issued under Section 3314.5.1 and shall not be subject to the $3,000,000 limit under Section 3314.5.1.

History

SOURCE: Final Rulemaking published at 64 DCR 1045 (February 3, 2017). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3314

16 DCMR § 3315 ZONING DIVISION INFRACTIONS – ZONING REGULATIONS OF 2016

3315.1 Violation of any of the following provisions shall be a Class 1 infraction:

11-A DCMR § 302.1 (Failure to obtain a certificate of occupancy or use beyond the scope of the certificate of occupancy);

11-A DCMR § 303 (Failure to comply with conditions in Board of Zoning Adjustment or Zoning Commission orders);

Failure to provide required parking:

11-C DCMR § 701 (Failure to provide required parking in the R, RF, RA, MU, NC or PDR Zones);

11-C DCMR § 704 (Failure to provide required parking for additions to existing buildings or structures);

11-C DCMR § 705 (Failure to provide required parking for expansions or changes in use to existing buildings or structures);

11-K DCMR § 200.10 (Failure to provide required parking in the SEFC Zones);

11-K DCMR § 608 (Failure to comply with parking requirements of the StE Zones);

11-K DCMR § 906.3 (Failure to comply with surface parking limitations of the WR-6 Zone); or

11-K DCMR § 915 (Failure to comply with parking requirements of the WR Zones); or

Failure to comply with the Inclusionary Zoning (“IZ”) requirements:

11-C DCMR § 1003 (Failure to comply with IZ set-aside requirements);

11-C DCMR § 1004 (Failure to comply with IZ purchase or tenancy requirements); or

11-C DCMR § 1005 (Failure to comply with IZ development standards).

3315.2 Violation of any of the following provisions shall be a Class 2 infraction:

Failure to comply with green area ratio (“GAR”) requirements:

11-C DCMR § 606 (Failure to comply with GAR maintenance requirements);

Failure to comply with GAR requirements in the RA Zones:

11-F DCMR § 307 (Failure to comply with GAR requirements in the RA-1, RA-2, RA-3, RA-4 or RA-5 Zones);

11-F DCMR § 407 (Failure to comply with GAR requirements in the RA-6 Zone);

11-F DCMR § 507 (Failure to comply with GAR requirements in the RA-7 Zone); or

11-F DCMR § 607 (Failure to comply with GAR requirements in the RA-8, RA-9 or RA-10 Zones);

Failure to comply with GAR requirements in the MU Zones:

11-G DCMR § 307 (Failure to comply with GAR requirements in the MU-1 or MU-2 Zones);

11-G DCMR § 407 (Failure to comply with GAR requirements in the MU-3, MU-4, MU-5A, MU-5B, MU-6, MU-7, MU-8, MU-9, MU-10 or MU-30 Zones);

11-G DCMR § 507 (Failure to comply with GAR requirements in the MU-12, MU-13 or MU-14 Zones);

11-G DCMR § 607 (Failure to comply with GAR requirements in the MU-15, MU-16, MU-17, MU-18, MU-19, MU-20, MU-21 or MU-22 Zones);

11-G DCMR § 707 (Failure to comply with GAR requirements in the MU-23, MU-24, MU-25 or MU-26 Zones);

11-G DCMR § 807 (Failure to comply with GAR requirements in the MU-27 Zone); or

11-G DCMR § 907 (Failure to comply with GAR requirements in the MU-28 or MU-29 Zones);

Failure to comply with GAR requirements in the NC Zones:

11-H DCMR § 308 (Failure to comply with GAR requirements in the NC-1 Zone);

11-H DCMR § 408 (Failure to comply with GAR requirements in the NC-2 Zone);

11-H DCMR § 508 (Failure to comply with GAR requirements in the NC-3 Zone);

11-H DCMR § 608 (Failure to comply with GAR requirements in the NC-4 or NC-5 Zones);

11-H DCMR § 708 (Failure to comply with GAR requirements in the NC-6 Zone);

11-H DCMR § 808 (Failure to comply with GAR requirements in the NC-7 or NC-8 Zones); or

11-H DCMR § 908 (Failure to comply with GAR requirements in the NC-9, NC-10, NC-11, NC-12, NC-13, NC-14, NC-15, NC-16 or NC-17 Zones);

11-I DCMR § 208 (Failure to comply with GAR requirements in the D Zones);

11-J DCMR § 208 (Failure to comply with GAR requirements in the PDR Zones); or

Failure to comply with GAR requirements in the Special Purpose Zones:

11-K DCMR § 209 (Failure to comply with GAR requirements in the SEFC-1 Zone);

11-K DCMR § 220 (Failure to comply with GAR requirements in the SEFC-2 Zone);

11-K DCMR § 228 (Failure to comply with GAR requirements in the SEFC-3 Zone);

11-K DCMR § 501.11 (Failure to comply with GAR requirements in the CG-1 Zone);

11-K DCMR § 707 (Failure to comply with GAR requirements in the RC Zones);

11-K DCMR § 808 (Failure to comply with GAR requirements in the ARTS Zones); or

11-K DCMR § 919 (Failure to comply with GAR requirements in the WR-2, WR-3, WR-4, WR-5, WR-7 or WR-8 Zones); or

Failure to comply with parking requirements:

11-C DCMR § 706 (Failure to comply with maximum parking requirements);

11-C DCMR § 708 (Failure to comply with car-share parking space provisions);

11-C DCMR § 710 (Failure to comply with parking space location requirements);

11-C DCMR § 711 (Failure to comply with parking space access requirements);

11-C DCMR § 712 (Failure to comply with parking space size requirements); or

11-C DCMR § 716 (Failure to comply with drive-through queuing requirements);

Failure to comply with loading requirements:

11-C DCMR § 901 (Failure to provide required loading facilities);

11-C DCMR § 903 (Failure to comply with location requirements for required loading facilities);

11-C DCMR § 904 (Failure to comply with access requirements for required loading facilities);

11-C DCMR § 905 (Failure to comply with size or layout requirements for required loading facilities);

11-C DCMR § 906 (Failure to comply with maintenance requirements for required loading facilities);

11-C DCMR § 907 (Failure to comply with trash room or receptacle requirements for required loading facilities); or

11-C DCMR § 908 (Failure to comply with screening or lighting requirements for required loading facilities);

Failure to comply with limitations on driveway or garage access to parking, loading berths or loading areas:

11-F DCMR § 600.5 (Failure to comply with limitations on driveway or garage access to parking or loading berths in the RA-8, RA-9 or RA-10 Zones);

11-G DCMR § 600.10 (Failure to comply with limitations on driveway or garage access to parking or loading berths in the MU-15, MU-16, MU-17, MU-18, MU-19, MU-20, MU-21 or MU-22 Zones);

11-H DCMR § 204.1 (Failure to comply with limitations on driveway access to parking or loading berths in the NC Zones);

11-I DCMR § 401 (Failure to comply with limitations on entrances to garages or loading areas in the D Zones);

11-K DCMR § 211 (Failure to comply with limitations on driveway access to parking in the SEFC-1 Zone);

11-K DCMR § 212 (Failure to comply with limitations on driveway access to loading spaces in the SEFC-1 Zone);

11-K DCMR § 408 (Failure to comply with limitations on driveway access to parking or loading berths in the HE Zone);

11-K DCMR § 609 (Failure to comply with limitations on driveway access to parking or loading berths in the StE Zones); or

11-K DCMR § 918 (Failure to comply with screening or lighting requirements for required loading facilities in the WR Zones);

Failure to comply with antenna requirements:

11-C DCMR § 1303 (Failure to comply with the ground mounted antenna requirements);

11-C DCMR § 1304 (Failure to comply with the roof-mounted antenna requirements);

11-C DCMR § 1305 (Failure to comply with the building-mounted antenna requirements); or

11-C DCMR § 1306 (Failure to comply with stealth structure-mounted antenna requirements);

Failure to comply with penthouse requirements:

11-C DCMR § 1502 (Failure to comply with penthouse setback requirements);

11-C DCMR § 1503 (Failure to comply with penthouse area requirements); or

11-C DCMR § 1505 (Failure to comply with penthouse affordable housing production requirements);

Failure to comply with pervious surface requirements:

Failure to comply with pervious surface requirements in the R Zones:

11-C DCMR § 1609 (Failure to comply with general pervious surface requirements in the R Zones);

11-D DCMR § 308 (Failure to comply with pervious surface requirements in the R-1-A, R-1-B, R-2 or R-3 Zones);

11-D DCMR § 408 (Failure to comply with pervious surface requirements in the R-6 or R-7 Zones);

11-D DCMR § 508 (Failure to comply with pervious surface requirements in the R-8, R-9 or R-10 Zones);

11-D DCMR § 608 (Failure to comply with pervious surface requirements in the R-11 Zones);

11-D DCMR § 708 (Failure to comply with pervious surface requirements in the R-12 or R-13 Zones);

11-D DCMR § 808 (Failure to comply with pervious surface requirements in the R-14 or R-15 Zones);

11-D DCMR § 908 (Failure to comply with pervious surface requirements in the R-16 Zone);

11-D DCMR § 1008 (Failure to comply with pervious surface requirements in the R-17 Zone);

11-D DCMR § 1208 (Failure to comply with pervious surface requirements in the R-19 or R-20 Zones);

11-D DCMR § 1308 (Failure to comply with pervious surface requirements in the R-21 Zone); or

11-D DCMR § 5107 (Failure to comply with pervious surface requirements for alley lots in the R Zones);

Failure to comply with pervious surface requirements in the RF Zones;

11-E DCMR § 204 (Failure to comply with pervious surface requirements in the RF Zones);

11-E DCMR § 5107 (Failure to comply with pervious surface requirements for alley lots in the RF Zones);

11-F DCMR § 5106 (Failure to comply with pervious surface requirements for alley lots in the RA Zones); or

11-K DCMR § 901.2 (Failure to comply with pervious surface requirements in the WR-1 Zone);

Failure to comply with height or story limitations for buildings, including penthouses:

Failure to comply with height or story limitations for buildings, including penthouses, allowed in Residential (R) Zones:

11-D DCMR § 303 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the R-1-A, R-1-B, R-2 or R-3 Zones);

11-D DCMR § 403 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the R-6 or R-7 Zones);

11-D DCMR § 503 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the R-8, R-9 or R-10 Zones);

11-D DCMR § 603 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the R-11 Zone);

11-D DCMR § 703 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the R-12 or R-13 Zones);

11-D DCMR § 803 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the R-14 or R-15 Zones);

11-D DCMR § 903 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the R-16 Zone);

11-D DCMR § 1003 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the R-17 Zone);

11-D DCMR § 1203 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the R-19 or R-20 Zones);

11-D DCMR § 1303 (Failure to comply with height or story limitations for buildings, including the penthouse, allowed in the R-21 Zone);

11-D DCMR § 5002 (Failure to comply with height or story limitations for accessory buildings, including penthouses, allowed in the R Zones); or

11-D DCMR § 5102 (Failure to comply with height or story limitations for buildings, including penthouses, on alley lots in the R Zones);

Failure to comply with height or story limitations for buildings, including penthouses, allowed in Residential Flat (RF) Zones:

11-E DCMR § 303 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the RF-1 Zone);

11-E DCMR § 403 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the RF-2 Zone);

11-E DCMR § 503 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the RF-3 Zone);

11-E DCMR § 603 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the RF-4 or RF-5 Zones);

11-E DCMR § 5002 (Failure to comply with height or story limitations for accessory buildings, including penthouses, allowed in the RF Zones); or

11-E DCMR § 5102 (Failure to comply with height or story limitations for buildings, including penthouses, on alley lots in the RF Zones);

Failure to comply with height or story limitations for buildings, including penthouses, allowed in the Residential Apartment (RA) Zones:

11-F DCMR § 203 (Failure to comply with height or story limitations for certain buildings, not including penthouses, allowed in the RA-1, RA-2, RA-3, RA-4, RA-5, RA-8, RA-9 or RA-10 Zones);

11-F DCMR § 204 (Failure to comply with height or story limitations for mechanical penthouses in non-residential buildings in the RA-1, RA-2, RA-3, RA-4, RA-5, RA-8, RA-9 or RA-10 Zones);

11-F DCMR § 303 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the RA-1, RA-2, RA-3, RA-4 or RA-5 Zones);

11-F DCMR § 403 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the RA-6 Zone);

11-F DCMR § 503 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the RA-7 Zone);

11-F DCMR § 603 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the RA-8, RA-9 or RA-10 Zones);

11-F DCMR § 5002 (Failure to comply with height or story limitations for accessory buildings, including penthouses, allowed in the RA Zones); or

11-F DCMR § 5102 (Failure to comply with height or story limitations for buildings, including penthouses, on alley lots allowed in the RA Zones);

Failure to comply with height or story limitations for buildings, including penthouses, allowed in Mixed-Use (MU) Zones:

11-G DCMR § 303 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the MU-1 or MU-2 Zones);

11-G DCMR § 403 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the MU-3, MU-4, MU-5A, MU-5B, MU-6, MU-7, MU-8, MU-9, MU-10 or MU-30 Zones);

11-G DCMR § 503 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the MU-11, MU-12, MU-13 or MU-14 Zones);

11-G DCMR § 603 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the MU-15, MU-16, MU-17, MU-18, MU-19, MU-20, MU-21 or MU-22 Zones);

11-G DCMR § 703 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the MU-23, MU-24, MU-25 or MU-26 Zones);

11-G DCMR § 803 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the MU-27 Zone);

11-G DCMR § 903 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the MU-28 or MU-29 Zones; or

11-G DCMR § 1102 (Failure to comply with height or story limitations for buildings, including penthouses, on alley lots in the MU Zones);

Failure to comply with height or story limitations for buildings, including penthouses, in Neighborhood Mixed-Use (NC) Zones:

11-H DCMR § 303 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the NC-1 Zone);

11-H DCMR § 403 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the NC-2 Zone);

11-H DCMR § 503 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the NC-3 Zone);

11-H DCMR § 603 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the NC-4 or NC-5 Zones);

11-H DCMR § 703 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the NC-6 Zone);

11-H DCMR § 803 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the NC-7 or NC-8 Zones); or

11-H DCMR § 903 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the NC-9, NC-10, NC-11, NC-12, NC-13, NC-14, NC-15, NC-16 or NC-17 Zones);

Failure to comply with height or story limitations for buildings, including penthouses, allowed in Downtown (D) Zones:

11-I DCMR § 201 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the D Zones);

11-I DCMR § 503 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the D-1-R Zone);

11-I DCMR § 510 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the D-2 Zone);

11-I DCMR § 517 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the D-3 Zone);

11-I DCMR § 525 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the D-4 Zone);

11-I DCMR § 532 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the D-4-R Zone);

11-I DCMR § 540 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the D-5 Zone);

11-I DCMR § 548 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the D-5-R Zone);

11-I DCMR § 556 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the D-6 Zone);

11-I DCMR § 563 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the D-6-R Zone);

11-I DCMR § 570 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the D-7 Zone); or

11-I DCMR § 577 (Failure to comply with height or story limitations for buildings, including penthouses, allowed in the D-8 Zone);

Failure to comply with height or story limitations for buildings, including penthouses, in the Production, Distribution, and Repair (PDR) Zones:

11-J DCMR § 203 (Failure to comply with height or story limitations for buildings, including penthouses, in the Production, Distribution, and Repair (PDR) Zones);

11-J DCMR § 204 (Failure to comply with transitional height limitations for buildings, including penthouses, in the Production, Distribution, and Repair (PDR) Zones) for lots directly abutting a residentially-Zoned property with a lower height limit; or

11-J DCMR § 301 (Failure to comply with height or story limitations for buildings, including penthouses, on alley lots in the Production, Distribution, and Repair (PDR) Zones); or

Failure to comply with height or story limitations for buildings or penthouses in Special Purpose Zones:

11-K DCMR § 203 (Failure to comply with height or story limitations for buildings, including penthouses, in the SEFC-1 Zone);

11-K DCMR § 215 (Failure to comply with height or story limitations for buildings, including penthouses, in the SEFC-2 Zone);

11-K DCMR § 223 (Failure to comply with height or story limitations for buildings, including penthouses, in the SEFC-3 Zone);

11-K DCMR § 231 (Failure to comply with height or story limitations for buildings, including penthouses, in the SEFC-4 Zone);

11-K DCMR § 305 (Failure to comply with height or story limitations for buildings, not including penthouses, in the USN Zone);

11-K DCMR § 306 (Failure to comply with height or story limitations for building penthouses in the USN Zone);

11-K DCMR § 403 (Failure to comply with height or story limitations for buildings, including penthouses, in the HE Zones);

11-K DCMR § 501.4 (Failure to comply with height or story limitations for buildings, not including penthouses, in the CG-1 Zone);

11-K DCMR § 501.5 (Failure to comply with height or story limitations for building penthouses in the CG-1 Zone);

11-K DCMR § 502.4 (Failure to comply with height or story limitations for buildings, not including penthouses, in the CG-2 Zone);

11-K DCMR § 502.5 (Failure to comply with height or story limitations for building penthouses in the CG-2 Zone);

11-K DCMR § 503.4 (Failure to comply with height or story limitations for buildings, not including penthouses, in the CG-3 Zone);

11-K DCMR § 503.5 (Failure to comply with height or story limitations for building penthouses in the CG-3 Zone);

11-K DCMR § 504.4 (Failure to comply with height or story limitations for buildings, not including penthouses, in the CG-4 Zone);

11-K DCMR § 504.5 (Failure to comply with height or story limitations for building penthouses, in the CG-4 Zone);

11-K DCMR § 505.4 (Failure to comply with height or story limitations for buildings, including penthouses, in the CG-5 Zone);

11-K DCMR § 505.5 (Failure to comply with height or story limitations for building penthouses in the CG-5 Zone);

11-K DCMR § 603 (Failure to comply with height or story limitations for buildings, including penthouses, in the StE Zones);

11-K DCMR § 702 (Failure to comply with height or story limitations for buildings, including penthouses, in the RC Zones); or

11-K DCMR § 803 (Failure to comply with height or story limitations for buildings, including penthouses, in the ARTS Zones); or

Failure to comply with specific design or use requirements:

Failure to comply with waterfront setback or use requirements for properties fronting on the Anacostia or Potomac Rivers:

11-C DCMR § 1102 (Failure to comply with general waterfront set back or use requirements);

11-C DCMR § 508 (Failure to comply with waterfront setback requirements in the MU-11 Zone); or

11-K DCMR § 505.8 (Failure to comply with waterfront setback requirements in the CG-5 Zone);

Failure to comply with design requirements in the Mixed-Use (MU) Zones:

11-G DCMR § 408 (Failure to comply with plaza requirements in the MU-10 Zone);

11-G DCMR § 608 (Failure to comply with plaza requirements in the MU-22 Zone);

11-G DCMR § 908 (Failure to comply with setback or screening requirements in the MU-28 or MU-29 Zones);

11-G DCMR § 909 (Failure to comply with plaza requirements in the MU-28 or MU-29 Zones); or

11-G DCMR § 1105 (Failure to comply with alley centerline setback requirements for alley lots in the MU Zones);

Failure to comply with design requirements in the NC Zones (NC) Zones:

11-H DCMR § 409 (Failure to comply with design requirements lots in the NC-2 Zone);

11-H DCMR § 809 (Failure to comply with design requirements lots in the NC-7 or NC-8 Zones); or

11-H DCMR § 909 (Failure to comply with design requirements lots in the NC-9, NC-10, NC-11, NC-12, NC-13, NC-14, NC-15, NC-16 or NC-17 Zones);

Failure to comply with design or use requirements in the Downtown (D) Zones:

11-I DCMR § 203 (Failure to comply with front build-to lines in the D-1-R, R-3, D-4-R, D-5, D-5-R, D-6, D-6-R or D-7 Zones);

11-I DCMR § 402 (Failure to comply with security grille requirements in the D Zones);

11-I DCMR § 403 (Failure to comply with open arcade requirements in the D Zones);

11-I DCMR § 601 (Failure to comply with use requirements for buildings on designated primary or secondary street segments in the D Zones);

11-I DCMR § 602 (Failure to comply with design requirements for buildings on designated primary or secondary street segments in the D Zones);

11-I DCMR § 603 (Failure to comply with use or design requirements for buildings on designated tertiary street segments in the D Zones);

11-I DCMR § 605 (Failure to comply with design or use requirements for buildings in the Capitol Security Sub-Area in the D Zones);

11-I DCMR § 606 (Failure to comply with design or use requirements for buildings in the Downtown Retail Core Sub-Area in the D Zones);

11-I DCMR § 607 (Failure to comply with design or use requirements for buildings in the Capitol Security Sub-Area in the D Zones);

11-I DCMR § 608 (Failure to comply with design or use requirements for buildings in the Pennsylvania Avenue Sub-Area in the D Zones);

11-I DCMR § 609 (Failure to comply with design or use requirements for buildings in the Chinatown Sub-Area in the D Zones);

11-I DCMR § 610 (Failure to comply with design or use requirements for buildings in the Massachusetts Avenue Corridor and Mt. Vernon Square Sub-Area in the D Zones);

11-I DCMR § 611 (Failure to comply with design or use requirements for buildings in the Mount Vernon Triangle (MVT) Sub-Area in the D Zones);

11-I DCMR § 612 (Failure to comply with design or use requirements for buildings in the Mount Vernon Triangle Principal Intersection Sub-Area in the D Zones);

11-I DCMR § 613 (Failure to comply with design or use requirements for buildings in the Blagden Alley Residential Transition Sub-Area in the D Zones);

11-I DCMR § 614 (Failure to comply with design or use requirements for buildings in the Lower Connecticut Avenue Corridor Sub-Area in the D Zones);

11-I DCMR § 615 (Failure to comply with design or use requirements for buildings in the North of Massachusetts Avenue (NOMA) Sub-Area in the D Zones);

11-I DCMR § 616 (Failure to comply with design or use requirements for buildings in the M and South Capitol Streets Sub-Area in the D Zones);

11-I DCMR § 617 (Failure to comply with design or use requirements for buildings in the North Capitol Street Corridor Sub-Area in the D Zones); or

11-I DCMR § 618 (Failure to comply with design or use requirements for buildings in the Independence Avenue Sub-Area in the D Zones);

11-J DCMR § 207 (Failure to comply with transition setback design requirements in the Production, Distribution, and Repair (PDR) Zones); or

Failure to comply with design or use requirements in the Special Purpose Zones:

11-K DCMR § 205 (Failure to comply with front setback for new buildings with frontage on designated streets in the SEFC-1 Zone);

11-K DCMR § 314 (Failure to comply with preferred use requirements for new buildings with frontage on designated streets in the USN Zone);

11-K DCMR § 405 (Failure to comply with specific setback requirements of the HE Zones);

11-K DCMR § 418 (Failure to comply with ground floor preferred use design requirements in the HE Zones);

11-K DCMR § 419 (Failure to comply with design requirements of the HE Zones);

11-K DCMR § 420 (Failure to comply with design requirements for buildings with frontage on designated streets in the HE Zones);

11-K DCMR § 509.3 (Failure to comply with use limitations for new buildings with frontage on designated streets in the CG Zones);

11-K DCMR § 510 (Failure to comply with design requirements for new buildings with frontage on designated streets in the CG Zones);

11-K DCMR § 515.2 (Failure to comply with preferred use requirements in the Ballpark District in the CG Zones);

11-K DCMR § 619 (Failure to comply with preferred use requirements in the StE Zones);

11-K DCMR § 810 (Failure to comply with street frontage requirements in the ARTS Zones); or

Failure to comply with design requirements in the Walter Reed (WR) Zones:

11-K DCMR § 901 (Failure to comply with design requirements in the WR-1 Zone);

11-K DCMR § 902 (Failure to comply with design requirements in the WR-2 Zone);

11-K DCMR § 903 (Failure to comply with design requirements in the WR-3 Zone);

11-K DCMR § 904 (Failure to comply with design requirements in the WR-4 Zone);

11-K DCMR § 905 (Failure to comply with design requirements in the WR-5 Zone);

11-K DCMR § 906 (Failure to comply with design requirements in the WR-6 Zone);

11-K DCMR § 907 (Failure to comply with design requirements in the WR-7 Zone);

11-K DCMR § 908 (Failure to comply with design requirements in the WR-8 Zone); or

11-K DCMR § 910 (Failure to comply with streetscape design requirements for buildings in the WR Zones).

3315.3 Violation of any of the following provisions shall be a Class 3 infraction:

11-A DCMR § 302.3 (Failure to conspicuously post a certificate of occupancy);

Failure to comply with parking space specification requirements:

11-C DCMR § 713 (Failure to comply with parking space maintenance requirements);

11-C DCMR § 714 (Failure to comply with parking space screening requirements); or

11-C DCMR § 715 (Failure to comply with parking space landscaping requirements);

Failure to comply with bicycle parking requirements:

11-C DCMR § 801 (Failure to comply with bicycle parking requirements);

11-C DCMR § 802 (Failure to provide minimum required bicycle parking);

11-C DCMR § 804 (Failure to comply with short-term bicycle parking space requirements);

11-C DCMR § 805 (Failure to comply with long-term bicycle parking space requirements);

11-C DCMR § 806 (Failure to provide shower or changing facilities in buildings required to have long-term bicycle parking spaces);

11-K DCMR § 310 (Failure to comply with bicycle parking requirements in the USN Zone); or

11-K DCMR § 916 (Failure to comply with bicycle parking requirements in the WR zones);

11-C DCMR § 1401 (Failure to comply with retaining wall requirements);

Failure to comply with limitations on floor area ratios (“FAR”):

Failure to comply with limitations on FAR allowed in Residential Apartment (RA) Zones:

11-F DCMR § 302 (Failure to comply with limitations on FAR allowed in the RA-1, RA-2, RA-3, RA-4 or RA-5 Zones);

11-F DCMR § 402 (Failure to comply with limitations on FAR allowed in the RA-6 Zone);

11-F DCMR § 502 (Failure to comply with limitations on FAR allowed in the RA-7 Zone); or

11-F DCMR § 602 (Failure to comply with limitations on FAR allowed in the RA-8, RA-9 or RA-10 Zones);

Failure to comply with limitations on FAR allowed in Mixed-Use (MU) Zones:

11-G DCMR § 302 (Failure to comply with limitations on FAR allowed in the MU-1 or MU-2 Zones);

11-G DCMR § 402 (Failure to comply with limitations on FAR allowed in the MU-3, MU-4, MU-5A, MU-5B, MU-6, MU-7, MU-8, MU-9, MU-10 or MU-30 Zones);

11-G DCMR § 502 (Failure to comply with limitations on FAR allowed in the MU-11, MU-12, MU-13 or MU-14 Zones);

11-G DCMR § 602 (Failure to comply with limitations on FAR allowed in the MU-15, MU-16, MU-17, MU-18, MU-19, MU-20, MU-21 or MU-22 Zones);

11-G DCMR § 702 (Failure to comply with limitations on FAR allowed in the MU-23, MU-24, MU-25 or MU-26 Zones);

11-G DCMR § 802 (Failure to comply with limitations on FAR allowed in the MU-27 Zone); or

11-G DCMR § 902 (Failure to comply with limitations on FAR allowed in the MU-28 or MU-29 Zones);

Failure to comply with limitations on FAR allowed in Neighborhood Mixed-Use (NC) Zones:

11-H DCMR § 302 (Failure to comply with limitations on FAR allowed in the NC-1 Zone);

11-H DCMR § 402 (Failure to comply with limitations on FAR allowed in the NC-2 Zone);

11-H DCMR § 502 (Failure to comply with limitations on FAR allowed in the NC-3 Zone);

11-H DCMR § 602 (Failure to comply with limitations on FAR allowed in the NC-4 or NC-5 Zones);

11-H DCMR § 702 (Failure to comply with limitations on FAR allowed in the NC-6 Zone);

11-H DCMR § 802 (Failure to comply with limitations on FAR allowed in the NC-7 or NC-8 Zones); or

11-H DCMR § 902 (Failure to comply with limitations on FAR allowed in the NC-9, NC-10, NC-11, NC-12, NC-13, NC-14, NC-15, NC-16 or NC-17 Zones);

Failure to comply with limitations on FAR allowed in Downtown (D) Zones:

11-I DCMR § 502 (Failure to comply with limitations on FAR allowed in the D-1-R Zone);

11-I DCMR § 509 (Failure to comply with limitations on FAR allowed in the D-2 Zone);

11-I DCMR § 516 (Failure to comply with limitations on FAR allowed in the D-3 Zone);

11-I DCMR § 524 (Failure to comply with limitations on FAR allowed in the D-4 Zone);

11-I DCMR § 531 (Failure to comply with limitations on FAR allowed in the D-4-R Zone);

11-I DCMR § 539 (Failure to comply with limitations on FAR allowed in the D-5 Zone);

11-I DCMR § 547 (Failure to comply with limitations on FAR allowed in the D-5-R Zone);

11-I DCMR § 555 (Failure to comply with limitations on FAR allowed in the D-6 Zone);

11-I DCMR § 562 (Failure to comply with limitations on FAR allowed in the D-6-R Zone);

11-I DCMR § 569 (Failure to comply with limitations on FAR allowed in the D-7 Zone); or

11-I DCMR § 576 (Failure to comply with limitations on FAR allowed in the D-8 Zone);

11-J DCMR § 202 (Failure to comply with limitations on FAR allowed in Production, Distribution, and Repair (PDR) Zones); or

Failure to comply with limitations on FAR allowed in Special Purpose Zones:

11-K DCMR § 202 (Failure to comply with limitations on FAR allowed in the SEFC-1 Zone);

11-K DCMR § 214 (Failure to comply with limitations on FAR allowed in the SEFC-2 Zone);

11-K DCMR § 222 (Failure to comply with limitations on FAR allowed in the SEFC-3 Zone);

11-K DCMR § 230 (Failure to comply with limitations on FAR allowed in the SEFC-4 Zone);

11-K DCMR § 307 (Failure to comply with limitations on FAR allowed in the USN Zone);

11-K DCMR § 402 (Failure to comply with limitations on FAR allowed in the HE Zones);

11-K DCMR § 501.3 (Failure to comply with limitations on FAR allowed in the CG-1 Zone);

11-K DCMR § 502.3 (Failure to comply with limitations on FAR allowed in the CG-2 Zone);

11-K DCMR § 503.3 (Failure to comply with limitations on FAR allowed in the CG-3 Zone);

11-K DCMR § 504.3 (Failure to comply with limitations on FAR allowed in the CG-4 Zone);

11-K DCMR § 505.3 (Failure to comply with limitations on FAR allowed in the CG-5 Zone);

11-K DCMR § 602 (Failure to comply with limitations on FAR allowed in StE Zones);

11-K DCMR § 701 (Failure to comply with limitations on FAR allowed in RC Zones);

11-K DCMR § 801 (Failure to comply with limitations on FAR allowed in ARTS Zones);

11-K DCMR § 902.2 (Failure to comply with limitations on FAR allowed in WR-2 Zones);

11-K DCMR § 903.2 (Failure to comply with limitations on FAR allowed in WR-3 Zones);

11-K DCMR § 904.2 (Failure to comply with limitations on FAR allowed in WR-4 Zones);

11-K DCMR § 905.2 (Failure to comply with limitations on FAR allowed in WR-5 Zones);

11-K DCMR § 906.2 (Failure to comply with limitations on FAR allowed in the WR-6 Zone);

11-K DCMR § 907.2 (Failure to comply with limitations on FAR allowed in WR-7 Zones); or

11-K DCMR § 908.2 (Failure to comply with limitations on FAR allowed in WR-8 Zones);

11-U DCMR § 251 (Failure to obtain a home occupation permit or to comply with use permissions or limitations of a home occupation permit); or

Failure to comply with use permissions or limitations:

11-I DCMR Chapter 3 (Failure to comply with use permissions or limitations in Downtown (D) Zones)

11-U DCMR Chapter 2 (Failure to comply with use permissions or limitations in Residential (R) Zones);

11-U DCMR Chapter 3 (Failure to comply with use permissions or limitations in Residential Flat (RF) Zones);

11-U DCMR Chapter 4 (Failure to comply with use permissions or limitations in Residential Apartment (RA) Zones);

11-U DCMR Chapter 5 (Failure to comply with use permissions or limitations in Mixed-Use (MU) Zones);

11-U DCMR Chapter 6 (Failure to comply with use permissions or limitations for alley lots);

11-U DCMR Chapter 7 (Failure to comply with use permissions or limitations in Mixed-Use Uptown Arts (ARTS) or Downtown (D) Zones); or

11-U DCMR Chapter 8 (Failure to comply with use permissions or limitations in Production, Distribution, and Repair (PDR) Zones.

3315.4 Violation of any of the following provisions shall be a Class 4 infraction:

11-C DCMR § 801.1 (Failure to post a sign stating where bicycle parking spaces are located in the building when bicycle parking spaces are required);

Failure to comply with limitations on lot occupancy allowed in Residential (R) Zones:

11-D DCMR § 304 (Failure to conform with limitations on lot occupancy allowed in the R-1-A, R-1-B, R-2 or R-3 Zones);

11-D DCMR § 404 (Failure to conform with limitations on lot occupancy allowed in the R-6 or R-7 Zones);

11-D DCMR § 504 (Failure to conform with limitations on lot occupancy allowed in the R-8, R-9 or R-10 Zones);

11-D DCMR § 604 (Failure to conform with limitations on lot occupancy allowed in the R-11 Zone);

11-D DCMR § 704 (Failure to conform with limitations on lot occupancy allowed in the R-12 or R-13 Zones);

11-D DCMR § 804 (Failure to conform with limitations on lot occupancy allowed in the R-14 or R-15 Zones);

11-D DCMR § 904 (Failure to conform with limitations on lot occupancy allowed in the R-16 Zone);

11-D DCMR § 1004 (Failure to conform with limitations on lot occupancy allowed in the R-17 Zone);

11-D DCMR § 1204 (Failure to conform with limitations on lot occupancy allowed in the R-19 or R-20 Zones);

11-D DCMR § 1304 (Failure to conform with limitations on lot occupancy allowed in the R-21 Zone);

11-D DCMR § 5003 (Failure to conform with limitations on lot occupancy for accessory buildings allowed in R Zones); or

11-D DCMR § 5103 (Failure to conform with limitations on lot occupancy on alley lots in R Zones);

Failure to comply with limitations on lot occupancy allowed in Residential Flat (RF) Zones:

11-E DCMR § 304 (Failure to conform with limitations on lot occupancy allowed in the RF-1 Zone);

11-E DCMR § 404 (Failure to conform with limitations on lot occupancy allowed in the RF-2 Zone);

11-E DCMR § 504 (Failure to conform with limitations on lot occupancy allowed in the RF-3 Zone); or

11-E DCMR § 604 (Failure to conform with limitations on lot occupancy allowed in RF-4 or RF-5 Zones);

Failure to comply with limitations on lot occupancy allowed in Residential Apartment (RA) Zones:

11-F DCMR § 304 (Failure to comply with limitations on lot occupancy allowed in RA-1, RA-2, RA-3, RA-4 or RA-5 Zones);

11-F DCMR § 404 (Failure to comply with limitations on lot occupancy allowed in RA-6 Zones);

11-F DCMR § 504 (Failure to comply with limitations on lot occupancy allowed in RA-7 Zones); or

11-F DCMR § 604 (Failure to comply with limitations on lot occupancy allowed in RA-8, RA-9 or RA-10 Zones);

Failure to comply with limitations on lot occupancy allowed in Mixed-Use (MU) Zones:

11-G DCMR § 304 (Failure to comply with limitations on lot occupancy allowed in MU-1 or MU-2 Zones);

11-G DCMR § 404 (Failure to comply with limitations on lot occupancy allowed in MU-3, MU-4, MU-5A, MU-5B, MU-6, MU-7, MU-8, MU-9, MU-10 or MU-30 Zones);

11-G DCMR § 504 (Failure to comply with limitations on lot occupancy allowed in MU-11, MU-12, MU-13 or MU-14 Zones);

11-G DCMR § 604 (Failure to comply with limitations on lot occupancy allowed in MU-15, MU-16, MU-17, MU-18, MU-19, MU-20, MU-21 or MU-22 Zones);

11-G DCMR § 704 (Failure to comply with limitations on lot occupancy allowed in MU-23, MU-24, MU-25 or MU-26 Zones);

11-G DCMR § 804 (Failure to comply with limitations on lot occupancy allowed in MU-27 Zones); or

11-G DCMR § 904 (Failure to comply with limitations on lot occupancy allowed in MU-28 or MU-29 Zones);

Failure to comply with limitations on lot occupancy allowed in Neighborhood Mixed-Use (NC) Zones:

11-H DCMR § 304 (Failure to comply with limitations on lot occupancy allowed in the NC-1 Zone);

11-H DCMR § 404 (Failure to comply with limitations on lot occupancy allowed in the NC-2 Zone);

11-H DCMR § 504 (Failure to comply with limitations on lot occupancy allowed in NC-3 Zone);

11-H DCMR § 604 (Failure to comply with limitations on lot occupancy allowed in NC-4 or NC-5 Zones);

11-H DCMR § 704 (Failure to comply with limitations on lot occupancy in the NC-6 Zone);

11-H DCMR § 804 (Failure to comply with limitations on lot occupancy in the NC-7 or NC-8 Zones); or

11-H DCMR § 904 (Failure to comply with limitations on lot occupancy limitations in the NC-9, NC-10, NC-11, NC-12, NC-13, NC-14, NC-15, NC-16 or NC-17 Zones);

11-I DCMR § 202 (Failure to comply with limitations on lot occupancy allowed in Downtown (D) Zones);

Failure to comply with limitations on lot occupancy allowed in Special Purpose Zones:

11-K DCMR § 204 (Failure to comply with limitations on lot occupancy allowed in SEFC-1 Zone);

11-K DCMR § 216 (Failure to comply with limitations on lot occupancy allowed in SEFC-2 Zone);

11-K DCMR § 224 (Failure to comply with limitations on lot occupancy allowed in SEFC-3 Zone);

11-K DCMR § 232 (Failure to comply with limitations on lot occupancy allowed in SEFC-4 Zone);

11-K DCMR § 404 (Failure to comply with limitations on lot occupancy allowed in HE Zones);

11-K DCMR § 501.6 (Failure to comply with limitations on lot occupancy allowed in CG-1 Zone);

11-K DCMR § 502.6 (Failure to comply with limitations on lot occupancy allowed in CG-2 Zone);

11-K DCMR § 504.6 (Failure to comply with limitations on lot occupancy allowed in the CG-4 Zone);

11-K DCMR § 505.12 (Failure to comply with limitations on residential use lot occupancy allowed in the CG-5 Zone);

11-K DCMR § 604 (Failure to comply with limitations on lot occupancy allowed in the StE Zones);

11-K DCMR § 703 (Failure to comply with limitations on lot occupancy allowed in the RC Zones);

11-K DCMR § 804 (Failure to comply with limitations on lot occupancy allowed in the ARTS Zones);

11-K DCMR § 901.2 (Failure to comply with limitations on lot occupancy allowed in the WR-1 Zone);

11-K DCMR § 902.2 (Failure to comply with limitations on lot occupancy allowed in the WR-2 Zone);

11-K DCMR § 903.2 (Failure to comply with limitations on lot occupancy allowed in the WR-3 Zone);

11-K DCMR § 904.2 (Failure to comply with limitations on lot occupancy allowed in the WR-4 Zone);

11-K DCMR § 905.2 (Failure to comply with limitations on lot occupancy allowed in the WR-5 Zone);

11-K DCMR § 907.2 (Failure to comply with limitations on lot occupancy allowed in the WR-7 Zone); or

11-K DCMR § 908.2 (Failure to comply with limitations on lot occupancy allowed in the WR-8 Zone);

Failure to comply with rear yard requirements of Residential (R) Zones:

11-D DCMR § 306 (Failure to comply with rear yard requirements of the R-1-A, R-1-B, R-2 or R-3 Zones);

11-D DCMR § 406 (Failure to comply with rear yard requirements of the R-6 or R-7 Zones);

11-D DCMR § 506 (Failure to comply with rear yard requirements of the R-8, R-9 or R-10 Zones);

11-D DCMR § 606 (Failure to comply with rear yard requirements of the R-11 Zone);

11-D DCMR § 706 (Failure to comply with rear yard requirements of the R-12 or R-13 Zones);

11-D DCMR § 806 (Failure to comply with rear yard requirements of the R-14 or R-15 Zones);

11-D DCMR § 906 (Failure to comply with rear yard requirements of the R-16 Zone);

11-D DCMR § 1006 (Failure to comply with rear yard requirements of the R-17 Zone);

11-D DCMR § 1206 (Failure to comply with rear yard requirements of the R-19 or R-20 Zones);

11-D DCMR § 1306 (Failure to comply with rear yard requirements of the R-21 Zone);

11-D DCMR § 5004 (Failure to comply with rear yard requirements of accessory buildings in the R Zones); or

11-D DCMR § 5104 (Failure to comply with rear yard requirements of alley lots in the R Zones);

Failure to comply with rear yard requirements of Residential Flat (RF) Zones:

11-E DCMR § 306 (Failure to comply with rear yard requirements of the RF-1 Zone);

11-E DCMR § 406 (Failure to comply with rear yard requirements of the RF-2 Zone);

11-E DCMR § 506 (Failure to comply with rear yard requirements of the RF-3 Zone); or

11-E DCMR § 606 (Failure to comply with rear yard requirements of the RF-4 or RF-5 Zones);

Failure to comply with rear yard requirements in Residential Apartment (RA) Zones:

11-F DCMR § 305 (Failure to comply with rear yard requirements of the RA-1, RA-2, RA-3, RA-4 or RA-5 Zones);

11-F DCMR § 405 (Failure to comply with rear yard requirements of the RA-6 Zone);

11-F DCMR § 505 (Failure to comply with rear yard requirements of the RA-7 Zone); or

11-F DCMR § 605 (Failure to comply with rear yard requirements of the RA-8, RA-9 or RA-10 Zones);

Failure to comply with rear yard requirement in Mixed-Use (MU) Zones:

11-G DCMR § 305 (Failure to comply with rear yard requirements of the MU-1 or MU-2 Zones);

11-G DCMR § 405 (Failure to comply with requirements for rear yards of the MU-3, MU-4, MU-5A, MU-5B, MU-6, MU-7, MU-8, MU-9, MU-10 or MU-30 Zones);

11-G DCMR § 505 (Failure to comply with rear yard requirements of the MU-11, MU-12, MU-13 or MU-14 Zones);

11-G DCMR § 605 (Failure to comply with rear yard requirements of the MU-15, MU-16, MU-17, MU-18, MU-19, MU-20, MU-21 or MU-22 Zones);

11-G DCMR § 705 (Failure to comply with rear yard requirements of the MU-23, MU-24, MU-25 or MU-26 Zones);

11-G DCMR § 805 (Failure to comply with rear yard requirements of the MU-27 Zone); or

11-G DCMR § 905 (Failure to comply with rear yard requirements of the MU-28 or MU-29 Zones);

Failure to comply with rear yard requirements of Neighborhood Mixed-Use (NC) Zones:

11-H DCMR § 305 (Failure to comply with rear yard requirements of the NC-1 Zone);

11-H DCMR § 405 (Failure to comply with rear yard requirements of the NC-2 Zone);

11-H DCMR § 505 (Failure to comply with rear yard requirements of the NC-3 Zone);

11-H DCMR § 605 (Failure to comply with rear yard requirements of the NC-4 or NC-5 Zones);

11-H DCMR § 705 (Failure to comply with rear yard requirements of the NC-6 Zone);

11-H DCMR § 805 (Failure to comply with rear yard requirements of the NC-7 or NC-8 Zones); or

11-H DCMR § 905 (Failure to comply with rear yard requirements of the NC-9. NC-10, NC-11, NC-12, NC-13, NC-14, NC-15, NC-16 or NC-17 Zones);

11-I DCMR § 205 (Failure to comply with rear yard requirements of Downtown (D) Zones);

11-J DCMR § 205 (Failure to comply with rear yard requirements of Production, Distribution, and Repair (PDR) Zones);

Failure to comply with rear yard requirements of Special Purpose Zones:

11-K DCMR § 206 (Failure to comply with rear yard requirements of the SEFC-1 Zone);

11-K DCMR § 217 (Failure to comply with rear yard requirements of the SEFC-2 Zone);

11-K DCMR § 225 (Failure to comply with rear yard requirements of the SEFC-3 Zone);

11-K DCMR § 406 (Failure to comply with rear yard requirements of the HE Zones);

11-K DCMR § 501.7 (Failure to comply with rear yard requirements of the CG-1 Zone);

11-K DCMR § 502.7 (Failure to comply with rear yard requirements of the CG-2 Zone);

11-K DCMR § 503.6 (Failure to comply with rear yard requirements of the CG-3 Zone);

11-K DCMR § 504.8 (Failure to comply with rear yard requirements of the CG-4 Zone);

11-K DCMR § 505.7 (Failure to comply with the requirements for rear yards in the CG-5 Zone);

11-K DCMR § 606 (Failure to comply with rear yard requirements of the StE Zones);

11-K DCMR § 704 (Failure to comply with rear yard requirements of the RC Zones); or

11-K DCMR § 805 (Failure to comply with rear yard requirements of the ARTS Zones);

Failure to comply with side yard requirements allowed in Residential (R) Zones:

11-D DCMR § 307 (Failure to comply with side yard requirements of the R-1-A, R-1-B, R-2 or R-3 Zones);

11-D DCMR § 407 (Failure to comply with side yard requirements of the R-6 or R-7 Zones);

11-D DCMR § 507 (Failure to comply with side yard requirements of the R-8, R-9 or R-10 Zones);

11-D DCMR § 607 (Failure to comply with side yard requirements of the R-11 Zone);

11-D DCMR § 707 (Failure to comply with side yard requirements of the R-12 or R-13 Zone);

11-D DCMR § 807 (Failure to comply with side yard requirements of the R-14 or R-15 Zones);

11-D DCMR § 907 (Failure to comply with side yard requirements of the R-16 Zone);

11-D DCMR § 1007 (Failure to comply with side yard requirements of the R-17 Zone);

11-D DCMR § 1207 (Failure to comply with side yard requirements of the R-19 or R-20 Zones);

11-D DCMR § 1307 (Failure to comply with side yard requirements of the R-21 Zone);

11-D DCMR § 5005 (Failure to comply with side yard requirements for accessory buildings allowed in the R Zones); or

11-D DCMR § 5105 (Failure to comply with side yard requirements for alley lots in the R Zones);

Failure to comply with side yard requirements of the Residential Flat (RF) Zones:

11-E DCMR § 307 (Failure to comply with side yard requirements of the RF-1 Zone);

11-E DCMR § 407 (Failure to comply with side yard requirements of the RF-2 Zone);

11-E DCMR § 507 (Failure to comply with side yard requirements of the RF-3 Zone); or

11-E DCMR § 607 (Failure to comply with side requirements of the RF-4 or RF-5 Zones);

Failure to comply with side yard requirements of the Residential Apartment (RA) Zones:

11-F DCMR § 306 (Failure to comply with side yard requirements of the RA-1, RA-2, RA-3, RA-4 or RA-5 Zones);

11-F DCMR § 406 (Failure to comply with side yard requirements of the RA-6 Zone);

11-F DCMR § 506 (Failure to comply with side yard requirements of the RA-7 Zone); or

11-F DCMR § 606 (Failure to comply with side yard requirements of the RA-8, RA-9 or RA-10 Zones);

Failure to comply with side yard requirements of the Mixed-Use (MU) Zones:

11-G DCMR § 306 (Failure to comply with side yard requirements of the MU-1 or MU-2 Zone);

11-G DCMR § 406 (Failure to comply with side yard requirements of the MU-3, MU-4, MU-5A, MU-5B, MU-6, MU-7, MU-8, MU-9, MU-10 or MU-30 Zones);

11-G DCMR § 506 (Failure to comply with side yard requirements of the MU-11, MU-12, MU-13 or MU-14 Zones);

11-G DCMR § 606 (Failure to comply with side yard requirements of the MU-15, MU-16, MU-17, MU-18, MU-19, MU-20, MU-21 or MU-22 Zones);

11-G DCMR § 706 (Failure to comply with side yard requirements of the MU-23, MU-24, MU-25 or MU-26 Zones);

11-G DCMR § 806 (Failure to comply with side yard requirements of the MU-27 Zone); or

11-G DCMR § 906 (Failure to comply with side yard requirements of the MU-28 or MU-29 Zones);

(u) Failure to comply with side yard requirements of Neighborhood Mixed-Use (NC) Zones:

11-H DCMR § 306 (Failure to comply with side yard requirements of the NC-1 Zone);

11-H DCMR § 406 (Failure to comply with side yard requirements of the NC-2 Zone);

11-H DCMR § 506 (Failure to comply with side yard requirements of the NC-3 Zone);

11-H DCMR § 606 (Failure to comply with side yard requirements of the NC-4 or NC-5 Zones);

11-H DCMR § 706 (Failure to comply with side yard requirements of the NC-6 Zone);

11-H DCMR § 806 (Failure to comply with side yard requirements of the NC-7 or NC-8 Zones); or

11-H DCMR § 906 (Failure to comply with side yard requirements of the NC-9, NC-10, NC-11, NC-12, NC-13, NC-14, NC-15, NC-16 or NC-17 Zones);

(v) 11-I DCMR § 206 (Failure to comply with requirements for side yards allowed in Downtown (D) Zones);

(w) 11-J DCMR § 206 (Failure to comply with requirements for side yards in Production, Distribution, and Repair (PDR) Zones); or

(x) Failure to comply with requirements for side yards allowed in Special Purpose Zones:

11-K DCMR § 207 (Failure to comply with side yard requirements of the SEFC-1 Zone);

11-K DCMR § 218 (Failure to comply with side yard requirements of the SEFC-2 Zone);

11-K DCMR § 226 (Failure to comply with side yard requirements of the SEFC-3 Zone);

11-K DCMR § 233 (Failure to comply with side yard requirements of the SEFC-4 Zone);

11-K DCMR § 407 (Failure to comply with side yard requirements of the HE Zones);

11-K DCMR § 501.8 (Failure to comply with side yard requirements of the CG-1 Zone);

11-K DCMR § 502.8 (Failure to comply with side yard requirements of the CG-2 Zone);

11-K DCMR § 503.7 (Failure to comply with side yard requirements of the CG-3 Zone);

11-K DCMR § 504.9 (Failure to comply with side yard requirements of the CG-4 Zone);

11-K DCMR § 505.6 (Failure to comply with side yard requirements of the CG-5 Zone);

11-K DCMR § 705 (Failure to comply with the requirements for side yards in RC Zones);

11-K DCMR § 806 (Failure to comply with the requirements for side yards in ARTS Zones); or

11-K DCMR § 901.2 (Failure to comply with the requirements for side yards in the WR-1 Zone).

History

SOURCE: Final Rulemaking published at 66 DCR 001079 (January 25, 2019). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3315

16-34 FIRE AND EMERGENCY MEDICAL SERVICES (EMS) DEPARTMENT INFRACTIONS

16 DCMR § 3400 ADMINISTRATIVE PROCEDURES AND SCHEDULE OF FINES APPLICABLE

3400.1 The civil infractions set forth in this chapter are subject to the provisions of Chapter 31 (Administrative Procedures) and Chapter 32 (Schedule of Fines) of this title.

History

SOURCE: Final Rulemaking published at 52 DCR 4903 (May 27, 2005). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3400

16 DCMR § 3401 FIRE PREVENTION CODE INFRACTIONS

The following abbreviations apply to this section:

IFC - International Fire Code (2015 edition)

NFPA- National Fire Protection Association

3401.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) 12-H DCMR § 102.3.1 (change in occupancy that will subject the structure to special provisions of the Fire Code or Building Code without the approval of the code official);

(b) 12-H DCMR § 105.1.1 (failure to obtain and maintain required permits on the premises, including operational or installation permits as described by 12-H DCMR §§ 105.1.2 and 105.6);

(c) 12-H DCMR § 104.11.6.2 (obstructing operations of the Fire Department in connection with extinguishment or control of any fire, or action relating to other emergencies);

(d) 12-H DCMR § 110.1 (failure to remedy hazardous conditions liable to cause or contribute to the spread of fire in, or on, the premises, building or structure, or endangering life or property);

(e) IFC § 5003.3.1.4 (failure to remedy hazardous conditions arising from defective or improperly installed equipment for handling or using combustible, explosive or otherwise hazardous materials);

(f) IFC § 901.6 (failure to inspect, test, or maintain, fire detection, alarm, and extinguishing systems, or mechanical smoke exhaust systems in an operative condition as required by the Fire Code);

(g) 12-H DCMR § 111.1.1 (refusal to leave, or interference with the evacuation of other occupants or continuance of any operation after receiving an evacuation order);

(h) 12-H DCMR § 109.2.4 (failure to comply with a notice of violation issued by the code official);

(i) IFC § 311.2.1 (failure to secure exterior and interior openings of vacant premises);

(j) IFC § 603.4 (failure to prohibit the use of portable unvented heaters or fuel fired heating equipment in use groups A, E, I, R-1, R-2, R-3 and R-4);

(k) IFC § 604.1 (failure to maintain and inspect emergency and standby systems in accordance with the Fire Code, NFPA110 and NFPA111);

(l) IFC § 904.1 (failure to inspect, test and maintain automatic fire- extinguishing systems (except sprinkler systems) in accordance with the Fire Code and the applicable referenced standards);

(m) IFC § 1004.3 (failure to post occupant load);

(n) 12-H DCMR § 110.1.1 (permitting overcrowding or admitting persons beyond the established occupant load);

(o) 12-H DCMR § 5609.1.1.1 (engaging in the manufacturing, possession, storage or display, sale, setting off, or discharge of prohibited fireworks);

(p) 12-H DCMR § 109.2.6 (tampering, removal, or destroying signs or seals posted or affixed by the code official);

(q) 12-H DCMR § 507.5.2 (failure to maintain a fire hydrant in an operative condition, periodic testing and maintenance as required);

(r) IFC § 510.6 (Failure to maintain emergency responder radio coverage system in operational condition as required by this section of the fire code.);

(s) 12-H DCMR § 1103.6 (failure to install a standpipe system in an existing building as required by this section.);

(t) 12-H DCMR § N106.2 (failure maintain the proper staffing-to-client ratio for infants in a home daycare in accordance with this code section);

(u) 12-H DCMR § N106.3 (failure maintain the proper staffing-to-client ratio for adults in a home daycare in accordance with this code section); and

(v) IFC § 901.7 (Failure to provide a Fire Watch as required).

3401.2 Violations of any of the following provisions shall be a Class 2 infraction:

12-H DCMR § 308.1.4 (operating charcoal burners and other open-flame cooking devices on a balcony or within ten (10) feet of combustible construction);

IFC § 308.2 (failure to obtain a permit for open flame use in an educational or assembly occupancy);

(d) IFC § 405.5 (failure to maintain emergency evacuation drill records);

(e) IFC § 406.3 (failure to ensure employees are provided with fire prevention, evacuation and fire safety training);

(f) IFC § 505.1 (failure to provide approved legible and visible building address identification);

(g) IFC § 507.5.4 (obstructing fire hydrants, department connections or other fire protection system control valves);

(h) IFC § 907.2.11 (failure to install approved single or multi-station smoke alarms in existing dwellings, congregate residences, and hotel and lodging house guestrooms);

(i) IFC § 1030.1 (failure to maintain emergency escape windows operational).

(j) IFC § 403.10.2.2 (failure to prepare, provide, or maintain an Emergency Guide for residential apartment buildings and other R2 occupancies in accordance with the fire code);

(k) 12-H DCMR § 1101.3.1 (Failure to have a life safety evaluation of an existing or newly presented condition in an existing building prepared as ordered by the code official in accordance with this section);

(l) 12-H DCMR Appendix N, § N103.3 (Installation of improper lock type or latches for exits in a home daycare);

(m) 12-H DCMR Appendix N § N106 (Exceeding maximum number occupants allowed to be served in a home daycare in accordance with this code section); and

(n) 12-H DCMR Appendix N § N108.1 (Failure to a fire safety and evacuation plan for a home daycare as required in accordance with this section for the fire code).

3401.3 Violation of any of the following provisions shall be a Class 3 infraction:

IFC § 605.3 (failure to provide and maintain required clearance in front of electrical service equipment);

IFC § 1031.6 (obstruction of egress or exit access visibility by placement of furnishing or, other objects, or draperies);

IFC § 906.1 (failure to provide fire extinguishers in required occupancies and locations); and

IFC §1030.4 (failure to ensure security bars, grilles and screens over emergency escape windows are releasable or removable from the inside without the use of a key or tool).

3401.4 Violation of any of the following provisions shall be a Class 4 infraction:

(a) IFC § 304.1 (failure to prohibit accumulation of prohibited waste);

(b) IFC § 310.4 (removing, obscuring, defacing, mutilating or destroying “No Smoking” signs);

(c) IFC § 807.5.2.2 (failure to limit artwork and teaching material to not more than twenty percent (20%) on walls of corridors in educational occupancies);

(d) IFC § 806.1.1 (failure to prohibit display of natural cut trees in certain occupancies); and

(e) IFC § 1023.9 (failure to provide stair identification of interior and exterior doors connecting more than three stories).

3401.5 Violation of any provisions of the District of Columbia Fire Code not otherwise listed in Section 3401 shall be a Class 5 infraction.

History

SOURCE: Final Rulemaking published at 52 DCR 4956 (May 27, 2005); as amended by Final Rulemaking published at 64 DCR 1045 (February 3, 2017); as amended by Final Rulemaking published at 68 DCR 7454 (July 30, 2021); as amended by Final Rulemaking published at 69 DCR 015193 (December 16, 2022). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3401

16 DCMR § 3402 SECURITY AND FIRE ALARM SYSTEMS INFRACTIONS

3402.1 [RESERVED]

3402.2 [RESERVED]

3402.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) Section 5(a) of the Security and Fire Alarm Systems Regulation Act of 1980, effective Sept. 26, 1980 (D.C. Law 3-107; D.C. Official Code § 7- 2804(a))(engaging in the business of an alarm dealer within the District of Columbia without an alarm dealer's license);

(b) Section 6(a) of the Security and Fire Alarm Systems Regulation Act of 1980 (D.C. Official Code § 7-2805(a)) (acting as an alarm system agent within the District of Columbia without an alarm agent's license); or

(c) Section 9(a) of the Security and Fire Alarm Systems Regulation Act of 1980 (D.C. Official Code § 7-2808(c)) (installing or maintaining an alarm system which does not have some safeguard which allows reasonable delay to halt or recall an accidental alarm activation before the alarm is communicated to the Metropolitan Police Department or the Fire and Emergency Medical Services Department).

3402.4 Violation of any of the following provisions shall be a class 4 infraction:

(a) Section 4 of the Security and Fire Alarm Systems Regulation Act of 1980 (D.C Official Code § 7-2803) (using any unapproved signaling device to transmit, or cause to be transmitted, a prerecorded message to report any fire, burglary, holdup or other emergency directly to the Metropolitan Police Department or the District of Columbia Fire and Emergency Medical Services Department);

(b) Section 6(e) of the Security and Fire Alarm Systems Regulation Act of 1980 (D.C. Official Code § 7-2805(e)) (failing to display upon request a valid license identification card while installing, inspecting, maintaining, servicing or repairing an alarm system);

(c) Section 7(a) of the Security and Fire Alarm Systems Regulation Act of 1980 (D.C. Official Code § 7-2806(a)) (failure of an alarm dealer to maintain and secure records);

(d) Section 7(b) of the Security and Fire Alarm Systems Regulation Act of 1980 (D.C. Official Code § 7-2806(b)) (failure to maintain alarm agent user records as required by law);

(e) Section 7(c) of the Security and Fire Alarm Systems Regulation Act of 1980 (D.C. Official Code § 7-2806(c)) (failure to post sign indicating alarm dealer);

(g) Section 7(d) of the Security and Fire Alarm Systems Regulation Act of 1980 (D.C. Official Code § 7-2806(d)) (failure to adequately train or instruct employees);

(h) Section 8(d) of the Security and Fire Alarm Systems Regulation Act of 1980 1980 (D.C. Official Code § 7-2807(d)) (failure of user to maintain posted name of alarm agent or dealer);

(i) Section 8(a) of the Security and Fire Alarm Systems Regulation Act of 1980 (D.C. Official Code § 7-2807(a)) (causing or permitting a false alarm);

(j) Section 8(c) of the Security and Fire Alarm Systems Regulation Act of 1980 (D.C. Official Code § 7-2807(c)) (failure to maintain an alarm system in good working order or failing to promptly repair defects);

(k) Section 8(d) of the Security and Fire Alarm Systems Regulation Act of 1980 (D.C Official Code § 7-2807(d)) (failure of user to have person properly respond to scene when requested); or

(l) Section 9 of the Security and Fire Alarm Systems Regulation Act of 1980 (D.C. Official Code § 7-2808(a)) (installing or maintaining a system by any person which creates an improper sound).

History

SOURCE: Final Rulemaking published at 52 DCR 4903 (May 27, 2005). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3402

16-35 DEPARTMENT OF MENTAL HEALTH (DMH) INFRACTIONS

16 DCMR § 3500 ADMINISTRATIVE PROCEDURES AND SCHEDULE OF FINES APPLICABLE

3500.1 The civil infractions set forth in this chapter are subject to the provisions of Chapter 31 (Administrative Procedures) and Chapter 32 (Schedule of Fines) of this title.

History

SOURCE: Final Rulemaking published at 52 DCR 4903 (May 27, 2005). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3500

16 DCMR § 3501 COMMUNITY RESIDENCE FACILITY INFRACTIONS

3501.1 Violation of the following provisions shall be a Class 1 infraction:

(a) 22-B DCMR § 3800.5 (operating a CRF without proper licensure);

(b) 22-B DCMR § 3811.1 (failure of fire exits to meet requirements);

(d) 22-B DCMR § 3811.3 (failure to maintain proper fire exit access);

(e) 22-B DCMR § 3811.4 (failure to comply with the requirements of 12 DCMR § 914);

(f) 22-B DCMR § 3819.1 (working in or owning a MHCRF after conviction for abusing or mistreating another person);

(g) 22-B DCMR § 3819.5 (failure to make reasonable efforts to ensure that persons known to have abused or mistreated another person do not provide services in a MHCRF);

(h) 22-B DCMR § 3819.6 (employee or volunteer provides direct services while under influence of drugs or alcohol or while infected with communicable disease);

(i) 22-B DCMR § 3819.7 (providing care in MHCRF without proper licensure, certification or registration);

(j) 22-B DCMR § 3819.8 (assigning duties inconsistent with employee's license, job description, training and experience);

(k) 22-B DCMR § 3829.1 or 3829.2 (failure to provide oral or written notice of any serious illness, accident, or unusual incident);

(l) 22-B DCMR § 3829.4 (failure to notify an appropriate person in the case of the death of a resident); or

(m) 22-B DCMR §§ 3835.4, 3835.5, 3836.4, 3837.4, or 3838.5 (failure to comply with staffing requirements).

3501.2 Violation of the following provisions shall be a Class 2 infraction:

(a) 22-B DCMR §§ 3803.1, 3835.2, 3836.2, 3837.1 or 3838.3 (exceeding maximum occupancy);

(b) 22-B DCMR § 3803.5 (failure to make residence physically accessible);

(d) 22-B DCMR § 3813.1 (failure to keep food handler certificate current or failure to apply nutrition and management principles);

(e) 22-B DCMR § 3813.2 (failure to promote residents' participation and skill development in menu planning, shopping, food storage, and kitchen maintenance);

(f) 22-B DCMR §§ 3813.3 to 3813.5 (failure to comply with meal service regulations);

(g) 22-B DCMR § 3813.6 (failure to provide clean, wholesome, and unspoiled food and drink);

(h) 22-B DCMR § 3822.1 (failure to keep confidential resident's record and any MHCRF records that contain information identifying residents);

(i) 22-B DCMR § 3823.3 (failure to keep resident's medication record inaccessible to other residents and visitors);

(j) 22-B DCMR §§ 3823.4 to 3823.10, or § 3823.12 (improper administration of medications);

(k) 22-B DCMR § 3823.10 (failure to report and document medication errors, reactions or adverse responses);

(l) 22-B DCMR § 3823.11 (failure to document and report resident's refusal of medication);

(m) 22-B DCMR §§ 3824.1 or 3824.2 (failure to carry or provide proof of required insurance);

(n) 22-B DCMR § 3830.1 (failure to notify the CMHS and physician of change that may require relocating resident);

(o) 22-B DCMR §§ 3830.2 or 3820.3 (improper discharge, transfer or relocation of a resident);

(p) 22-B DCMR § 3830.4 (failure to readmit resident transferred from MHCRF within ninety (90) days);

(q) 22-B DCMR § 3830.5 (failure to hold bed for SSI resident admitted to public mental institution in which Medicaid is paying fifty percent (50%) or more of cost of care);

(r) 22-B DCMR §§ 3831.1 or 3831.2 (restraining or confining a resident);

(s) 22-B DCMR §§ 3833.1 to 3833.7 (failure to comply with service coordination, case management, and support services regulations);

(t) 22-B DCMR §§ 3835.1 or 3836.1 (failure to provide homelike setting in a Supported Residence or a Supported Rehabilitative Residence);

(u) 22-B DCMR §§ 3835.7, 3836.9, or 3837.7 (failure to have a Residence Director);

(v) 22-B DCMR §§ 3836.3 or 3837.2 (failure to provide specialized services or programming when necessary);

(w) 22-B DCMR §§ 3836.5 (failure to provide staff assistance with daily living activities, personal supervision, meals, lodging, and rehabilitative and specialized services);

(x) 22-B DCMR §§ 3836.6 (failure to provide consistent and therapeutic environment);

(y) 22-B DCMR § 3836.7 (failure to coordinate rehabilitation under the direction of the resident's designated treatment team);

(z) 22-B DCMR § 3837.5 (failure to provide staffing specialists according to special program needs);

(aa) 22-B DCMR §§ 3837.8 or 3838.6 (failure to have Residence Director or staff member present when residents are at the residence, or failure to provide clinical back-up services); or

(bb) 22-B DCMR §§ 3837.9 or 3838.7 (failure of Residence Director of Intensive Residence or a Transitional Residence to meet requirements of § 3818 and appropriate experience requirements).

3501.3 Violation of the following provisions shall be a Class 3 infraction:

(a) 22-B DCMR § 3801.1 (failure to explain rights and responsibilities, provide a written statement of rights and responsibilities, or make available a copy of rights);

(b) 22-B DCMR §§ 3801.2, 3801.4, or 3827.4 (discrimination or reprisal against a resident);

(c) 22-B DCMR § 3801.3 (failure to provide resident and resident's legal representative a signed, written admission contract prior to admission);

(d) 22-B DCMR § 3801.5 (failure to provide resident a copy of grievance procedures);

(e) 22-B DCMR § 3801.6 (failure to provide resident privacy for provision of personal and medical care);

(f) 22-B DCMR § 3801.7 (failure to provide resident opportunity to participate in developing individual treatment plan);

(g) 22-B DCMR § 3801.8 (failure to provide resident adequate and humane treatment by competent and qualified staff);

(h) 22-B DCMR § 3801.9 (failure to inform resident of condition and progress);

(i) 22-B DCMR § 3801.10 (failure to keep resident's treatment record confidential);

(j) 22-B DCMR § 3801.11 (failure to provide resident the opportunity to meet with members of the treatment team);

(k) 22-B DCMR § 3801.12 (failure to provide resident periodic review of treatment plan);

(l) 22-B DCMR §§ 3801.13 to 3801.16 (failure to comply with resident's visitation and communication rights);

(m) 22-B DCMR §§ 3801.17 or 3801.18 (denying resident's right to refuse life sustaining treatment and execute advanced directives or the limited right to refuse psychiatric treatment and supportive services);

(n) 22-B DCMR § 3801.19, 3801.23, or 3801.24 (failure to provide resident access to authorized representatives, District government officials, or Long Term Care Ombudsman);

(o) 22-B DCMR § 3801.20 (failure to assist resident in registering and exercising right to vote);

(p) 22-B DCMR § 3801.21 (imposing a religious belief or practice on a resident);

(q) 22-B DCMR § 3801.22 (failure to provide resident opportunities to participate in social, religious and community activities);

(r) 22-B DCMR § 3801.25 (denying resident the right to manage his or her financial affairs);

(s) 22-B DCMR § 3801.26 (using residents as research subjects without resident's consent, or for research that does not comply with federal and District laws and regulations and DMH policy);

(t) 22-B DCMR § 3801.27 (requiring resident to perform unauthorized unpaid work);

(u) 22-B DCMR § 3801.28 (failure to comply with Title III of the Nursing Home and Community Residence Facility Residents' Protection Act of 1985 for transfers, discharges or relocations);

(v) 22-B DCMR §§ 3801.29 or 3801.30 (failure to have required rules or failure to provide resident with a copy of the MHCRF's rules);

(w) 22-B DCMR § 3801.31 (failure of resident to comply with MHCRF rules);

(x) 22-B DCMR § 3802.5 (failure to maintain pest control program and keep premises free from insects and rodents);

(y) 22-B DCMR § 3802.6 (failure to maintain readily available first aid supplies);

(z) 22-B DCMR § 3802.7 (failure to protect residents from asbestos hazards);

(aa) 22-B DCMR § 3802.8 (failure to equip, furnish and maintain residence in a

comfortable, congenial home-like setting for residents and staff);

(bb) 22-B DCMR § 3802.9 (failure to provide adequate collection, storage, and removal of trash and refuse);

(cc) 22-B DCMR § 3802.10 (failure to screen windows during insect season);

(dd) 22-B DCMR § 3802.11 (failure to securely fasten carpets or use non-skid pads);

(ee) 22-B DCMR § 3802.12 (failure to keep hallways, porches, stairways, stairwells and basements free from obstructions);

(ff) 22-B DCMR § 3802.13 (failure to equip ramps and stairways with firmly secured handrails or banisters);

(gg) 22-B DCMR § 3802.14 (failure to use lead-free paint or remove old paint or plaster containing lead);

(hh) 22-B DCMR § 3802.15 (failure to design and maintain walls and floors to minimize accidents);

(ii) 22-B DCMR § 3802.16 (failure to have pets examined by licensed veterinarian or keep pet vaccinations current);

(jj) 22-B DCMR §§ 3804.1 to 3804.3 (failure to provide adequate lighting);

(kk) 22-B DCMR §§ 3805.1 or 3805.2 (failure to ensure that water supply and water distribution system conform to District laws and regulations, or failure to have adequate plumbing);

(ll) 22-B DCMR § 3806.4 (failure to clean functioning fireplace chimney annually);

(mm) 22-B DCMR §§ 3807.2, 3807.3, or 3807.7 (failure to provide adequate bedroom facilities);

(nn) 22-B DCMR § 3808.3 (failure to provide properly anchored grab bars or handrails in toilet and bathing areas when needed);

(oo) 22-B DCMR § 3813.7 (failure to provide fresh water and clean drinking glasses);

(pp) 22-B DCMR § 3813.8 (failure to provide assistance to eat when necessary);

(qq) 22-B DCMR §§ 3814.1 to 3814.4 (failure to comply with diet requirements);

(rr) 22-B DCMR §§ 3816.3 or 3816.4 (failure to safeguard and account for resident's personal articles);

(ss) 22-B DCMR §§ 3816.5, 3816.9, or 3816.10 (failure to comply with personal property and funds requirements);

(tt) 22-B DCMR § 3817.2 (failure to provide annual physician exams);

(uu) 22-B DCMR § 3817.3 (failure to include in resident's permanent record copies of medical examinations, physicians' reports, and physicians' recommendations for care);

(vv) 22-B DCMR § 3817.4 (failure to assist resident in making arrangements for medical or dental examinations when resident is unable to do so);

(ww) 22-B DCMR §§ 3818.1 to 3818.3 (failure to comply with training, experience, and credentials requirements for Residence Directors);

(xx) 22-B DCMR § 3818.4 (failure of Residence Director to complete minimum responsibilities);

(yy) 22-B DCMR § 3818.5 (failure to ensure adequate supervision when Residence Director is absent);

(zz) 22-B DCMR § 3819.2 (failure to have written personnel policy);

(aaa) 22-B DCMR § 3819.3 (failure to ensure that MHCRF staff have annual physical examinations);

(bbb) 22-B DCMR § 3819.4 (failure to maintain accurate personnel records);

(ccc) 22-B DCMR §§ 3819.10 or 3819.11 (failure to comply with volunteer and paid staff training and screening requirements);

(ddd) 22-B DCMR §§ 3820.1 to 3820.3, 3820.5, 3821.1 to 3821.3, or 3823.1 (failure to properly maintain records);

(eee) 22-B DCMR § 3820.4 (failure to notify agency of changes in occupancy level);

(fff) 22-B DCMR § 3820.6 (failure to investigate allegations of mistreatment and promptly report findings resulting from investigation);

(ggg) 22-B DCMR § 3820.7 (failure to make resident's financial records available for audit);

(hhh) 22-B DCMR § 3825.1 (failure to have written program statement with all required elements);

(iii) 22-B DCMR § 3827.1 (failure to admit and retain only those persons that can be safely and adequately cared for);

(jjj) 22-B DCMR § 3827.2 (disqualifying a person from placement because the person is not ambulatory, needs medication assistance, has active substance abuse, or needs limited or intermittent nursing care);

(kkk) 22-B DCMR § 3827.3 (failure to follow written admission criteria or present criteria to resident upon admission);

(lll) 22-B DCMR § 3827.5 (failure to provide written reasons for denying admission);

(mmm) 22-B DCMR § 3827.6 (refusal to make reasonable accommodations to admit resident who is deaf, blind, non-English speaking, or physically or mentally disabled);

(nnn) 22-B DCMR §§ 3827.7 to 3827.9, or 3827.11 (failure to comply with pre-admission medical assessment requirements);

(ooo) 22-B DCMR § 3829.3 (failure to have written emergency policies and procedures);

(ppp) 22-B DCMR §§ 3829.5 or 3829.6 (failure to follow procedures and laws regarding resident deaths); or

(qqq) 22-B DCMR §§ 3832.1 to 3832.5 (failure to comply with rehabilitation regulations).

3501.4 Violation of the following provisions shall be a Class 4 infraction:

(a) 22-B DCMR § 3802.1 (improper use of exterior name or logo);

(b) 22-B DCMR § 3802.2 (failure to properly maintain and provide access to green areas);

(c) 22-B DCMR § 3802.3 (locating MHCRF in area with noxious, hazardous smoke and fumes or with loud and irritating noises);

(d) 22-B DCMR § 3802.4 (failure to provide functional, safe, comfortable, and supportive environment);

(e) 22-B DCMR § 3807.4 (failure to keep beds three feet (3 ft.) or more from another bed or a radiator);

(f) 22-B DCMR §§ 3808.2 or 3808.4 (failure to provide adequate equipment or adequate privacy and safety in toilets and bathing facilities);

(g) 22-B DCMR § 3815.1 (failure to maintain interior and exterior in safe, clean, orderly, attractive and sanitary manner);

(h) 22-B DCMR §§ 3815.2 or 3815.4 to 3815.8 (failure to provide sufficient quantities of clean and sanitary linens, linen storage, or laundering facilities);

(i) 22-B DCMR § 3816.1 (improperly increasing fee for care);

(j) 22-B DCMR § 3816.2 (denying resident reasonable personal possessions and furnishings in living quarters);

(k) 22-B DCMR § 3816.6 (failure to copy and make available to residents the record required by § 3816.5);

(l) 22-B DCMR § 3816.11 (failure to encourage residents to wear their own clothing);

(m) 22-B DCMR § 3817.5 (failure to maintain a list of names and telephone numbers of residents' physicians); or

(n) 22-B DCMR §§ 3834.1 to 3834.4 (failure to comply with requirements regarding resident activities).

History

SOURCE: Final Rulemaking published at 52 DCR 4903 (May 27, 2005). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3501

16 DCMR § 3502 [REPEALED]

History

SOURCE: Final Rulemaking published at 52 DCR 4903 (May 27, 2005); as amended by Final Rulemaking published at 67 DCR 10674 (September 4, 2020). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3502

16-36 DEPARTMENT OF HEALTH (DOH) INFRACTIONS

16 DCMR § 3600 ADMINISTRATIVE PROCEDURES AND SCHEDULE OF FINES APPLICABLE

3600.1 The civil infractions set forth in this chapter are subject to the provisions of Chapter 31 (Administrative Procedures) and Chapter 32 (Schedule of Fines) of this Title.

History

SOURCE: Final Rulemaking published at 52 DCR 4980 (May 27, 2005).

16 DCMR § 3601 HEALTH PRACTICE INFRACTIONS

3601.1 Violation of the following provisions shall be a Class 1 infraction:

Section 501 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.01) (practicing a health occupation for which a license is required without the requisite license); and

Section 1002 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1210.02) (unless authorized to practice a health occupation under D.C. Official Code Title 3, Chapter 12, a person shall not represent to the public by title, description of services, methods, or procedures, or otherwise that the person is authorized to practice the health occupation in the District).

3601.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) Section 901 of the District of Columbia Health Occupations Revision Act of 1985 (D.C. Official Code § 3-1209.01) (practicing naturopathy or naturopathic healing without a certificate of registration);

(b) Section 902 of the District of Columbia Health Occupations Revision Act of 1985 (D.C. Official Code § 3-1209.02) (engaging in the practice of dance therapy or recreation therapy without a certificate of registration); or

(c) Section 101 of the District of Columbia Health Occupations Revision Act of 1985 (D.C. Official Code § 3-1210.01) (practicing a health occupation, other than one enumerated in D.C. Official Code § 3-1205.01, without a license).

3601.3 Violation of any of the following provisions shall be a Class 4 infraction:

(a) Section 513(a) of the District of Columbia Health Occupations Revision Act of 1985 (D.C. Official Code § 3-1205.13(a)) (failure to display license conspicuously in any and all places of business or employment of the licensee); or

(b) Section 513(b) of the District of Columbia Health Occupations Revision Act of 1985 (D.C. Official Code § 3-1205.13(b)) (failure to notify the board of any changes of address of the place of residence or place of business or employment within 30 days after the change of address).

History

SOURCE: Final Rulemaking published at 52 DCR 4980 (May 27, 2005); as amended by Final Rulemaking published at 65 DCR 4826 (May 4, 2018). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3601

16 DCMR § 3602 CHILD CARE AND CHILD PLACING INFRACTIONS

3602.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) 29 DCMR § 301.1 (operating a child development facility without a license);

(b) 29 DCMR § 301.3 (failure to have a separate license for each facility located at different premises); or

3602.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 29 DCMR § 306.1(c) (committing, aiding, abetting, or permitting fraud, gross negligence, abuse, assault, or another illegal act in the operation of a child development facility);

(b) 29 DCMR § 311 (failure to permit authorized officials to enter and inspect);

(d) 29 DCMR § 315.4 (failure to have a qualified teacher in charge of a group at a child development center);

(e) 29 DCMR § 330.8 (failure of a child development center to maintain all exits properly equipped);

(f) 29 DCMR § 1601 (failure to comply with provisions concerning incorporation and operation of a child placing agency);

(g) 29 DCMR § 1603.1 (failure to employ a qualified executive director);

(h) 29 DCMR § 1608.1 (establishing fees not in accordance with fee-setting regulations);

(i) 29 DCMR § 1608.4 (failure to provide client with written estimate of cost of services);

(j) 29 DCMR § 1608.5 (accepting money or another item of value beyond the established fees for services);

(k) 29 DCMR § 1613, except § 1613.9 (failure to employ sufficient and qualified professional staff or failure of professional staff to fulfill specified responsibilities);

(l) 29 DCMR § 1614.3 (failure to employ qualified professional staff on a contract basis);

(m) 29 DCMR § 1619.1 (failure to develop a written case plan on a child);

(n) 29 DCMR § 1619.4 (failure to secure written authorization to place a child before accepting that child for placement);

(o) 29 DCMR § 1619.5 (failure to secure written authorization to provide medical care before accepting that child for placement);

(p) 29 DCMR § 1620.1 (failure to conduct an adoptive home study);

(q) 29 DCMR § 1623.1 (failure to establish that a child is legally free for adoption or legally able to enter the District of Columbia for adoption before placing that child for adoption);

(r) 29 DCMR § 1628.6 (failure to secure written consent to place a child before accepting that child for placement);

(s) 29 DCMR § 1628.7 (failure to secure written consent to provide medical care before accepting that child for placement);

(t) 29 DCMR § 1628.10 (encouraging a birth parent to surrender a child by coercion, promise of financial aid or other consideration, or making acceptance for casework services contingent upon surrender);

(u) 29 DCMR § 1638.2 (using an unlicensed foster home for the placement of a child);

(v) 29 DCMR § 1639.1 (failure to conduct a foster home study); or

(w) 29 DCMR § 1644.3 (failure to provide or ensure the provision of health care for a foster child in the agency's care).

3602.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 29 DCMR § 301.9 (transfer of child development facility license to another person or place without government approval);

(b) 29 DCMR § 301.10 (refusal to return license after suspension, revocation, non-renewal, or voluntary closure);

(d) 29 DCMR § 304.4 (failure to inform of change in operation, program, or services which may affect licensure);

(e) 29 DCMR § 315.1 (failure of child development center director to be physically present at least one-third of the time when children are at the center);

(f) 29 DCMR § 315.2(a) (failure of child development center director to select and supervise qualified staff to ensure provision of required child development program);

(g) 29 DCMR § 315.2(d) (failure of child development center director to develop an approved plan for emergencies, fire evacuation, and staff illness);

(h) 29 DCMR § 315.2(e) (failure of child development center director to designate a teacher to be responsible for center operation in the director's absence);

(i) 29 DCMR § 315.2(g) (failure of child development center director to ensure adult supervision of the children);

(j) 29 DCMR § 315.5 (failure to have a qualified assistant teacher in charge of a group at a child development center);

(k) 29 DCMR § 315.10 (failure of child development center to have sufficient staff to maintain sanitation and safety standards);

(l) 29 DCMR § 316.1 (exceeding maximum permissible size of a group in a child development center);

(m) 29 DCMR § 316.2 (failure of child development center to provide 2 staff members as specified for each group);

(n) 29 DCMR § 317.1 (failure of child development center to provide adequate daily program as specified);

(o) 29 DCMR § 318.4 (failure of child development center to consider parental information concerning a child's nutritional needs);

(p) 29 DCMR § 320.1 (failure of child development home caregiver to supervise and administer home);

(q) 29 DCMR § 320.7 (failure of child development home caregiver to cooperate with government officials in implementing child development program);

(r) 29 DCMR § 325 (failure to comply with health requirements for children and/or staff);

(s) 29 DCMR § 327 (failure to comply with building and environmental requirements);

(t) 29 DCMR § 328.1 (failure to provide suitable outdoor play space free from hazardous conditions);

(u) 29 DCMR § 329.1 (failure to provide adequate toilet and lavatory facilities as specified);

(v) 29 DCMR § 329.4 (failure to provide soap and either individual towels or disposable paper towels in bathroom);

(w) 29 DCMR § 330, except 330.8 (failure to comply with safety and health requirements for facility premises);

(x) 29 DCMR § 1600.2 (failure of a child placing agency to develop and make available a written statement of purpose, philosophy and program, including a description of services provided);

(y) 29 DCMR § 1600.3 (failure to provide a description of the geographical area served or intended to be served);

(z) 29 DCMR § 1602 (failure to comply with requirements concerning establishment and composition of board of directors);

(aa) 29 DCMR § 1603, except § 1603.1 (failure to comply with requirements concerning responsibilities of board of directors);

(bb) 29 DCMR § 1605 (failure to maintain and document sufficient funding);

(cc) 29 DCMR § 1606 (failure to maintain financial records and establish an accounting system);

(dd) 29 DCMR § 1607 (failure to have financial records audited annually by an independent Certified Public Accountant);

(ee) 29 DCMR § 1608.2 (failure to comply with requirements concerning agency policies on fees);

(ff) 29 DCMR § 1608.3 (failure to make agency policies on fees available for public inspection);

(gg) 29 DCMR § 1609 (failure to comply with requirements concerning office space);

(hh) 29 DCMR § 1610 (failure to comply with requirements concerning personnel policies);

(ii) 29 DCMR § 1611 (failure to comply with requirements concerning personnel records);

(jj) 29 DCMR § 1612.3 (failure to perform a criminal background check on a prospective employee who will have direct contact with children or clients);

(kk) 29 DCMR § 1617 (failure to comply with requirements concerning adoptive services recruitment, application, and information);

(ll) 29 DCMR § 1618 (failure to comply with requirements concerning intake for adoptive services);

(mm) 29 DCMR § 1619, except §§ 1619.1, 1619.4, and 1619.5 (failure to comply with requirements concerning case plan services, content, and information);

(nn) 29 DCMR § 1620, except § 1620.1 (failure to comply with requirements concerning adoptive home study services, content, information, and re-evaluation);

(oo) 29 DCMR § 1621 (failure to comply with requirements concerning notification regarding adoption application);

(pp) 29 DCMR § 1622 (failure to comply with requirements concerning services for adoptive parents);

(qq) 29 DCMR § 1623, except § 1623.1 (failure to comply with requirements concerning adoption pre-placement responsibilities);

(rr) 29 DCMR § 1624 (failure to comply with requirements concerning adoption post-placement responsibilities);

(ss) 29 DCMR § 1625 (failure to comply with requirements concerning maintenance of adoption records);

(tt) 29 DCMR § 1626.2 (failure to provide a required report to a court concerning a petition for adoption);

(uu) 29 DCMR § 1628.3 (failure to provide birth parents with information concerning ramifications of adoption);

(vv) 29 DCMR § 1630 (failure to comply with requirements concerning severance of parental rights);

(ww) 29 DCMR § 1633 (failure to comply with requirements concerning adoption placement considerations);

(xx) 29 DCMR § 1635 (failure to comply with requirements concerning interstate placement);

(yy) 29 DCMR § 1636 (failure to comply with requirements concerning international adoption services, policies, and information);

(zz) 29 DCMR § 1637 (failure to comply with requirements concerning maintenance of records);

(aaa) 29 DCMR § 1638, except § 1638.2 (failure to comply with general requirements concerning foster care);

(bbb) 29 DCMR § 1639, except § 1639.1 (failure to comply with requirements concerning foster home study services, content and information);

(ccc) 29 DCMR § 1640 (failure to comply with requirements concerning notification regarding foster care application);

(ddd) 29 DCMR § 1641 (failure to comply with requirements concerning foster parent training);

(eee) 29 DCMR § 1643 (failure to comply with requirements concerning agency responsibilities in foster care); or

(fff) 29 DCMR § 1644, except § 1644.3 (failure to comply with requirements concerning supervision of children in foster care).

3602.4 Violation of any of the following provisions shall be a Class 4 infraction:

(a) 29 DCMR § 301.7 (failure to post child development facility license conspicuously on the facility premises);

(b) 29 DCMR § 305.2 (failure to submit renewal application timely)

(c) 29 DCMR § 315.2(c) (failure of child development center director to ensure compliance with applicable codes and regulations);

(d) 29 DCMR § 315.2(f) (failure of child development center director to ensure provision of in-service training to volunteers);

(e) 29 DCMR § 315.2(h) (failure of child development center director to develop a plan for parent involvement);

(f) 29 DCMR § 315.6 (failure of child development center to ensure that teacher performs required duties);

(g) 29 DCMR § 315.7 (failure of child development center to ensure that assistant teacher performs required duties);

(h) 29 DCMR § 315.9 (failure of child development center to ensure that aide performs required duties);

(i) 29 DCMR § 316.3 (failure of child development center to obtain approval for mixed-age group or to comply with child:adult ratio applicable to youngest child in group);

(j) 29 DCMR § 316.4 (failure of child development center to obtain approval for change in child:adult ratio);

(k) 29 DCMR § 317, except § 317.1 (failure to comply with individual child development center daily program requirements);

(l) 29 DCMR § 318, except § 318.4 (failure of child development center to comply with meal and snack requirements);

(m) 29 DCMR § 320.3 (failure of child development home caregiver to ensure compliance with applicable codes and regulations);

(n) 29 DCMR § 320.4 (failure of child development home caregiver to conduct food handling, preparation and service in an adequate manner);

(o) 29 DCMR § 320.5 (failure of child development home caregiver to develop an approved plan for emergencies, including designation of a responsible adult substitute caregiver);

(p) 29 DCMR § 320.6 (failure of child development home caregiver to develop a plan for parent involvement);

(q) 29 DCMR § 321 (failure to comply with child development home daily program requirements);

(r) 29 DCMR § 322 (failure of child development home to comply with equipment and supply requirements);

(s) 29 DCMR § 326 (failure to comply with recordkeeping requirements for children and/or employees);

(t) 29 DCMR § 328.2 (failure to provide adequate outdoor play space);

(u) 29 DCMR § 328.3 (failure to provide adequate indoor program space);

(v) 29 DCMR § 329.2 (failure to provide block or step when needed for toilets and lavatories);

(w) 29 DCMR § 329.3 (failure to provide toilet training chairs and to maintain in a sanitary manner);

(x) 29 DCMR § 329.5 (failure to provide a drinking fountain or individual clean cups for drinking);

(y) 29 DCMR § 1604 (failure of a child placing agency to maintain a current agency organizational table);

(z) 29 DCMR § 1612, except § 1612.3 (failure to comply with requirements concerning applicants for employment);

(aa) 29 DCMR § 1613.9 (failure of office staff to fulfill responsibilities);

(bb) 29 DCMR § 1615 (failure to comply with requirements concerning volunteers);

(cc) 29 DCMR § 1616 (failure to comply with requirements concerning student interns);

(dd) 29 DCMR § 1626.4 (failure to provide copy of adoption decree to other agency involved in adoption);

(ee) 29 DCMR § 1628, except §§ 1628.3, 1628.6, 1628.7, and 1628.10 (failure to comply with general requirements concerning social services related to child placing);

(ff) 29 DCMR § 1629 (failure to comply with requirements concerning notice to actual and possible birth parents);

(gg) 29 DCMR § 1631 (failure to comply with requirements concerning paternity affidavits);

(hh) 29 DCMR § 1632 (failure to comply with requirements concerning efforts to locate birth parents);

(ii) 29 DCMR § 1634 (failure to refer unsuccessful child or client to other adoption agencies, services, and exchanges); or

(jj) 29 DCMR § 1642 (failure to comply with requirements concerning foster care placement considerations).

History

SOURCE: Final Rulemaking published at 52 DCR 4981 (May 27, 2005).

16 DCMR § 3603 HEALTH FACILITY AND COMMUNITY RESIDENCE FACILITY INFRACTIONS

3603.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) 22 DCMR § 3102.1 (operating a health care or community residence facility without a license);

(b) Section 201 of the D.C. Ambulatory Surgical Treatment Center Licensure Act, effective Apr. 6, 1978 (D.C. Law 2-66; 24 DCR 6836) (operating an ambulatory surgical treatment center without a license);

3603.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 22 DCMR § 3101.1 (failure to allow an authorized official to enter and inspect a health care or community residence facility);

(b) 22 DCMR § 3101.3 (failure to give authorized official access to records necessary to determine compliance);

(d) 22 DCMR § 3102.9 (transfer of a license to another person or place without government approval);

(e) 22 DCMR § 3401.4 (failure of a community residence facility to ensure that a resident has an annual medical exam);

(f) 22 DCMR § 3401.5 (failure of a large facility as specified to retain a physician to advise and handle emergencies);

(g) 22 DCMR § 3402.1 (failure to provide sufficient staff);

(h) 22 DCMR § 3404.3 (failure to ensure that medical care is secured for a resident in case of serious illness or accident);

(i) 22 DCMR § 3404.4 (failure to secure medical care from backup physician if primary physician is unavailable);

(j) 22 DCMR § 3405.1 (failure to notify sponsor or physician when resident's condition deteriorates to need ongoing nursing care);

(k) 22 DCMR § 3405.2 (providing nursing care for longer than 72 hours or without appropriate physical environment or professional services);

(l) 22 DCMR § 3405.3 (failure to notify when unable to obtain appropriate medical care for a resident);

(m) 22 DCMR § 3405.6 (failure to notify physician and/or obtain assistance when a resident may do harm to self or others);

(n) 22 DCMR § 3406.7 (failure to ensure that residents are not harassed or abused);

(o) 22 DCMR § 3415.6 (failure to ensure that staff do not employ abuse);

(p) 22 DCMR § 3427.3 (failure to ensure that water supply is automatically controlled not to exceed 110 degrees Fahrenheit);

(q) Section 303 of the D.C. Ambulatory Surgical Treatment Center Licensure Act (D.C. Law 2-66; 24 DCR 6836) (failure of an ambulatory surgical treatment center to comply with requirements concerning professional staffing);

(r) Section 305 of the D.C. Ambulatory Surgical Treatment Center Licensure Act (D.C. Law 2-66; 24 DCR 6836) (failure to comply with requirements concerning post-operative care);

(s) Section 401 of the D.C. Ambulatory Surgical Treatment Center Licensure Act (D.C. Law 2-66; 24 DCR 6836) (failure to comply with requirements concerning supplies, equipment, and medication);

(t) Section 501 of the D.C. Ambulatory Surgical Treatment Center Licensure Act (D.C. Law 2-66; 24 DCR 6836) (failure to allow government inspectors access to facility records);

(u) Section 502(a) of the D.C. Ambulatory Surgical Treatment Center Licensure Act (D.C. Law 2-66; 24 DCR 6836) (performing a surgical procedure requiring general anesthesia without the immediate medical direction of a licensed and qualified anesthesiologist);

(v) Section 502(b) of the D.C. Ambulatory Surgical Treatment Center Licensure Act (D.C. Law 2-66; 24 DCR 6836) (failure to report to the OCC a referral wherein a fee was charged);

(w) Section 502(c) of the D.C. Ambulatory Surgical Treatment Center Licensure Act (D.C. Law 2-66; 24 DCR 6836) (sharing a fee for a service or a referral with a physician, person, agency or clinic);

(x) 22 DCMR § 2604.7 (failure of a maternity center to permit entry and inspection by government inspectors);

(y) 2 DCMR § 2609.12 (failure to provide, maintain, and document maintenance of emergency, diagnostic, and sterilization equipment);

(z) 22 DCMR § 2613.5 (failure to have a qualified OB/GYN as Director of Medical Affairs or failure of Director of Medical Affairs to carry out responsibilities);

(aa) 22 DCMR § 2613.6 (failure to have a certified nurse-midwife as Director of Midwifery Services if such services are offered);

(bb) 22 DCMR § 2614.5 (failure to have a patient in labor attended by a certified nurse-midwife or a physician with special training in obstetrics at all times from admission through immediate post-partum);

(cc) 22 DCMR § 2614.6 (failure to have two attendants present at every birth, one of whom is a physician or CNM, and both of whom are certified in adult CPR and neonatal CPR);

(dd) 22 DCMR § 2614.7 (failure to have qualified personnel on duty at all times when patients are admitted, including a licensed nurse-midwife and/or a board-certified physician either on the premises or on call);

(ee) 22 DCMR § 2614.11 (failure to have a written practice agreement with an OB/GYN and a pediatrician or neonatologist for 24-hour consultation and referral or transfer to hospital if needed);

(ff) 22 DCMR § 2614.12(b) (failure to have a written transfer agreement with a hospital for transfer of patients no longer "low risk");

(gg) 22 DCMR § 2614.13 (failure to provide adequate emergency transportation services);

(hh) 22 DCMR § 2615.3 (failure to have sufficient qualified personnel to perform the services offered);

(ii) 22 DCMR § 2616.1 (admitting an individual for labor and delivery who is not "low risk" as specified);

(jj) 22 DCMR § 2617.1 (failure to conduct an evaluation of a patient admitted while in labor);

(kk) 22 DCMR § 2619 (failure to comply with requirements concerning discharge planning and postpartum care);

(ll) 22 DCMR § 2620.2 (use of general or regional anesthesia, or use of systemic analgesia without a physician's or CNM's determination, or use of anesthesia for episiotomy not in accordance with facility practice guidelines); or

(mm) Section 301 of the Nursing and Community Residence Facility Residents' Protections Act of 1985, effective Apr. 18, 1986 (D.C. Law 6-108; D.C. Official Code § 44-1003.01) (discharge, transfer or relocation of a resident of a long-term care facility for reasons other than those specified).

3603.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 22 DCMR § 3102.7 (failure of a health care or community residence facility to inform of a change in operation, program or services that might affect licensure);

(b) 22 DCMR § 3102.8 (failure to return license upon suspension, revocation, non-renewal, forfeiture, or discontinuation of operation);

(d) 22 DCMR § 3103.9 (failure to submit a plan of correction in relation to an initial licensure inspection);

(e) 22 DCMR § 3104.5 (failure to submit a plan of correction in relation to a renewal licensure inspection);

(f) 22 DCMR § 3105.4 (failure to submit a plan of correction in relation to a complaint investigation inspection);

(g) 22 DCMR § 3400 (failure of a community residence facility to comply with requirements concerning the Residence Director);

(h) 22 DCMR § 3401.3 (failure to obtain proof that a resident has a medical exam within 30 days before admission and annually thereafter);

(i) 22 DCMR § 3402.3 (failure to ensure that each employee has a pre-employment medical exam and obtains an annual health certificate);

(j) 22 DCMR § 3403 (failure to comply with requirements concerning admission policies);

(k) 22 DCMR § 3404.1 (failure to obtain and maintain proof of a resident's annual medical exam);

(l) 22 DCMR § 3404.5 (failure to notify a resident's sponsor and/or next of kin of a serious illness or accident);

(m) 22 DCMR § 3404.7 (failure to promptly notify a resident's physician and sponsor and/or next of kin of the resident's death);

(n) 22 DCMR § 3404.8 (failure to permit a physician to determine and pronounce a resident's death or failure to permit investigation of a resident's death);

(o) 22 DCMR § 3405.4 (failure to comply with requirements concerning transfer and discharge);

(p) 22 DCMR § 3405.5 (imposing a curfew or preventing a resident from leaving the facility);

(q) 22 DCMR § 3406, except § 3406.7 (failure to comply with requirements concerning residents' rights);

(r) 22 DCMR § 3407 (failure to comply with requirements concerning residents' personal property);

(s) 22 DCMR § 3411 (failure to comply with requirements concerning residents' records);

(t) 22 DCMR § 3412 (failure to comply with requirements concerning confidentiality of records);

(u) 22 DCMR § 3415, except § 3415.6 (failure to comply with requirements concerning restraint, confinement, and behavior modification);

(v) 22 DCMR § 3416 (failure to comply with requirements concerning medication storage and disposal);

(w) 22 DCMR § 3417 (failure to comply with requirements concerning dietary services);

(x) 22 DCMR § 3418 (failure to comply with requirements concerning therapeutic diets);

(y) 22 DCMR § 3420 (failure to comply with requirements concerning rehabilitation);

(z) 22 DCMR § 3421 (failure to comply with requirements concerning housekeeping, sanitation, maintenance, and laundry);

(aa) 22 DCMR § 3422 (failure to comply with requirements concerning social services);

(bb) 22 DCMR § 3423.1 (failure of a large facility as specified to employ a qualified resident activities specialist);

(cc) 22 DCMR § 3424.1 (failure to locate within easy walking distance of public transportation);

(dd) 22 DCMR § 3424.2 (failure to provide transportation); (ee) 22 DCMR § 3424.3 (failure to locate away from noise);

(ff) 22 DCMR § 3424.4 (failure to locate away from noxious or hazardous vapors);

(gg) 22 DCMR § 3425 (failure to comply with structural requirements or to notify when altering physical structure of facility);

(hh) 22 DCMR § 3427, except 3427.3 (failure to comply with requirements concerning water supply);

(ii) 22 DCMR § 3428 (failure to comply with requirements concerning heat, ventilation, and insulation);

(jj) 22 DCMR § 3431 (failure to comply with requirements concerning bedrooms);

(kk) 22 DCMR § 3432 (failure to comply with requirements concerning bathrooms);

(ll) 22 DCMR § 3442 (failure to comply with requirements concerning insurance);

(mm) Section 203 of the D.C. Ambulatory Surgical Treatment Center Licensure Act (D.C. Law 2-66; 24 DCR 6836) (failure of an ambulatory surgical treatment center to comply with requirements concerning insurance coverage);

(nn) Section 301 of the D.C. Ambulatory Surgical Treatment Center Licensure Act (D.C. Law 2-66; 24 DCR 6836) (failure to comply with requirements concerning facility governance and procedures);

(oo) Section 302 of the D.C. Ambulatory Surgical Treatment Center Licensure Act (D.C. Law 2-66; 24 DCR 6836) (failure to comply with requirements concerning administrative operation and responsibility);

(pp) Section 304 of the D.C. Ambulatory Surgical Treatment Center Licensure Act (D.C. Law 2-66; 24 DCR 6836) (failure to comply with requirements concerning pre-operative care);

(qq) Section 306 of the D.C. Ambulatory Surgical Treatment Center Licensure Act (D.C. Law 2-66; 24 DCR 6836) (failure to comply with requirements concerning recordkeeping and reporting);

(rr) Section 402 of the D.C. Ambulatory Surgical Treatment Center Licensure Act (D.C. Law 2-66; 24 DCR 6836) (failure to comply with requirements concerning environmental conditions and maintenance);

(ss) 22 DCMR § 2600.8 (failure of a maternity center to comply with requirements concerning newborn infant screening);

(tt) 22 DCMR § 2602.3 (failure to specify on an application the care to be offered or other information requested);

(uu) 22 DCMR § 2605.1 (relocation of center without government approval);

(vv) 22 DCMR § 2608 (failure to comply with requirements concerning design, construction, and safety);

(ww) 22 DCMR § 2609, except § 2609.12 (failure to comply with requirements concerning facilities and equipment);

(xx) 22 DCMR § 2611.1 (installation or use of a nonconforming fixture, appurtenance, material, or method without governmental approval);

(yy) 22 DCMR § 2612 (failure to comply with requirements concerning environmental services and infection control);

(zz) 2 DCMR § 2613.1 (failure to identify who has authority and responsibility for overall policy and fiscal management);

(aaa) 22 DCMR § 2613.2 (failure to develop an organizational plan or to appoint a qualified Director and Director of Medical Affairs);

(bbb) 22 DCMR § 2614.1 (failure to develop, implement, or review Practice Guidelines for normal and emergency care);

(ccc) 22 DCMR § 2614.2 (failure to develop, implement, or review Practice Guidelines for standards of services provided);

(ddd) 22 DCMR § 2614.3 (failure to have Practice Guidelines adequately address the scope and conduct of maternity care provided);

(eee) 22 DCMR § 2614.4 (failure to have Practice Guidelines for intrapartum care developed by the Director, Director of Medical Affairs, and Director of Midwifery Services, or failure to have these guidelines include all specified elements);

(fff) 22 DCMR § 2614.8 (failure to develop and implement policies and procedures, including all specified elements);

(ggg) 22 DCMR § 2614.9 (failure to develop and implement a quality assurance plan);

(hhh) 22 DCMR § 2614.10 (failure to evaluate and revise the quality assurance plan or to document and make available facility actions relevant thereto);

(iii) 22 DCMR § 2614.12(a) (failure to have written policies and procedures for emergencies);

(jjj) 22 DCMR § 2615, except § 2615.3 (failure to comply with personnel health, training, and recordkeeping requirements);

(kkk) 22 DCMR § 2616.2 (failure to inform a patient of risks and benefits or to obtain informed consent);

(lll) 22 DCMR § 2616.3 (failure to include specified elements, including all District of Columbia requirements, on the patient consent form);

(mmm) 22 DCMR § 2617, except § 2617.1 (failure to comply with requirements concerning patient records);

(nnn) 22 DCMR § 2618 (failure to comply with requirements concerning antepartum care and recordkeeping);

(ooo) 22 DCMR § 2620, except § 2620.2 (failure to comply with requirements concerning medication);

(ppp) 22 DCMR § 2621 (failure to comply with requirements concerning medical records and reporting); or

(qqq) Section 302 of the Nursing and Community Residence Facility Residents' Protections Act of 1985 (D.C. Official Code § 44-1003.02) (failure to provide a notice of transfer or discharge from a long-term care facility, and procedures for contesting same, to a resident and to his or her representative as required by law).

3603.4 Violation of any of the following provisions shall be a Class 4 infraction:

(a) 22 DCMR § 3102.2 (failure of a health care or community residence facility to submit an initial application timely);

(b) 22 DCMR § 3102.4 (failure of a health care or community residence facility to submit a renewal application timely);

(c) 22 DCMR § 3402.2 (failure of a community residence facility to develop and to make available its personnel policies);

(d) 22 DCMR § 3402.4 (failure to maintain accurate personnel records);

(e) 22 DCMR § 3402.5 (failure to maintain complete personnel records);

(f) 22 DCMR § 3404.2 (failure to communicate periodically with a resident's sponsor, if any);

(g) 22 DCMR § 3410 (failure to comply with requirements concerning administrative records);

(h) 22 DCMR § 3413 (failure to develop a program statement);

(i) 22 DCMR § 3423, except § 3423.1 (failure to comply with requirements concerning resident activities);

(j) 22 DCMR § 3424.6 (using a misleading or improper name);

(k) 22 DCMR § 3426 (failure to comply with lighting requirements);

(l) 22 DCMR § 3430 (failure to comply with architectural and space requirements);

(m) 22 DCMR § 2602.5 (failure of a maternity center to submit an initial application or a renewal application timely);

(n) 22 DCMR § 2604.5 (failure to frame and post license conspicuously);

(o) 22 DCMR § 2605.3 (failure to notify of change in ownership or name);

(p) 22 DCMR § 2613.3 (failure to post names comprising governing entity and organizational chart in an area available to patients);

(q) 22 DCMR § 2616.4 (failure to provide an orientation program including all specified elements);

(r) 22 DCMR § 2616.5 (failure to develop policies for visits with families and other support persons);

(s) Section 302(d) of the Nursing and Community Residence Facility Residents' Protections Act of 1985 (D.C. Official Code § 44-1003.02(d)) (failure to provide timely, complete or correct notice of a transfer or discharge from a long-term care facility, and procedures for contesting same, to a resident and his or her representative);

(t) Section 304 of the Nursing and Community Residence Facility Residents' Protections Act of 1985 (D.C. Official Code § 44-1003.04) (failure to discuss a transfer, discharge, or relocation with the resident and his or her representative, or failure to offer counseling concerning the action); or

(a) Section 311 of the Nursing and Community Residence Facility Residents' Protections Act of 1985 (D.C. Official Code § 44-1003.11) (failure to provide each resident, his or her representative, and the Long-Term Care Ombudsman correct, timely notice when the facility is closing because of an adverse action by the Mayor or is voluntarily closing).

History

SOURCE: Final Rulemaking published at 52 DCR 4989 (May 27, 2005).

16 DCMR § 3604 TISSUE BANK INFRACTIONS

3604.1 Violation of the following provision shall be a Class 1 infraction: 22 DCMR § 301.1 (operating a tissue bank without a license).

3604.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 22 DCMR § 300.3 (failure to manage and operate a tissue bank in accordance with good medical and public health practice);

(b) 22 DCMR § 302.1 (failure to have a physician as director and operator of the bank);

(c) 22 DCMR § 302.2 (failure to maintain a roster of authorized persons and to establish policies and procedures for operation of the bank);

(d) 22 DCMR § 302.4 (failure of a hospital licensee to designate a physician as director and operator of the bank);

(e) 22 DCMR § 303 (failure to comply with requirements concerning tissue acquisition, tissue withdrawal, and recordkeeping);

(f) 22 DCMR § 304 (failure to comply with physical and sanitary requirements);

(g) 22 DCMR § 305.2 (failure to cooperate in an inspection); or

(h) 22 DCMR § 306.1 (transporting tissue without the required record).

3604.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 22 DCMR § 301.4 (failure to sign and certify application for license);

(b) 22 DCMR §302.3 (failure to provide policies and procedures for inspection upon request); or

3604.4 Violation of the following provision shall be a Class 4 infraction:22 DCMR § 301.10 (failure to frame and post license).

History

SOURCE: Final Rulemaking published at 52 DCR 4998 (May 27, 2005).

16 DCMR § 3605 GROUP HOMES FOR MENTALLY RETARDED PERSONS INFRACTIONS

3605.1 Reserved

3605.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 22 DCMR § 3502.6 (denial of meals as a form of punishment);

(b) 22 DCMR § 3509.9 (employing staff with a history of abuse, neglect, exploitation, or conviction of a sexual or violent crime);

(d) 22 DCMR § 3521 (failure to comply with requirements concerning habilitation and training); or

(e) 22 DCMR § 3523 (failure to observe and protect client's rights).

3605.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 22 DCMR § 3500.1 (failure to comply with general provisions regarding pharmacies and pharmaceuticals);

(b) 22 DCMR § 3500.2 (failure to demonstrate understanding that D.C. Law 6-137 governs care and rights of mentally retarded persons);

(d) 22 DCMR § 3501.3 (failure to locate within easy walking distance of transportation or to provide transportation);

(e) 22 DCMR § 3501.4 (failure to locate away from noise and hazardous or noxious conditions);

(f) 22 DCMR § 3501.6 (failure to provide tempered glass and to conspicuously mark sliding doors or panels);

(g) 22 DCMR § 3501.10 (failure to provide social and recreational space);

(h) 22 DCMR § 3501.11 (failure to provide adequate community space);

(i) 22 DCMR § 3502, except 3502.6 (failure to comply with requirements concerning meal service and dining areas);

(j) 22 DCMR § 3503.1 (failure to provide sufficient square footage in bedroom or exceeding allowable bedroom occupancy);

(k) 22 DCMR § 3503.2 (failure to keep beds sufficiently apart from each other and from radiators);

(l) 22 DCMR § 3503.3 (failure to provide required bedroom furniture or bedding);

(m) 22 DCMR § 3503.5 (failure to provide sufficient storage space in bedroom);

(n) 22 DCMR § 3503.7 (failure to designate bedroom for bedroom use only);

(o) 22 DCMR § 3503.8 (failure to provide adequate bathroom space and fixtures);

(p) 22 DCMR § 3503.9 (failure to provide adequate appliances and equipment in bathroom);

(q) 22 DCMR § 3504 (failure to comply with requirements concerning housekeeping, sanitation, and/or maintenance);

(r) 22 DCMR § 3506 (failure to comply with program statement requirements);

(s) 22 DCMR § 3507 (failure to comply with requirements concerning policies and procedures);

(t) 22 DCMR § 3508 (failure to comply with requirements concerning administrative support, residents' funds, and/or insurance);

(u) 22 DCMR § 3509.1 (failure to develop and distribute personnel policies);

(v) 22 DCMR § 3509.2 (failure to develop and distribute job descriptions);

(w) 22 DCMR § 3509.6 (failure to ensure that employee has and passes health examination prior to employment and annually thereafter);

(x) 22 DCMR § 3509.7 (failure to ensure that employee's initial health exam is done within 90 days prior to employment);

(y) 22 DCMR § 3509.8 (failure to obtain physician's documentation that employee with positive test for communicable disease is receiving needed follow-up care);

(z) 22 DCMR § 3510 (failure to comply with requirements concerning staff training);

(aa) 22 DCMR § 3511 (failure to comply with requirements concerning direct care staff ratios);

(bb) 22 DCMR § 3513 (failure to comply with requirements concerning administrative records);

(cc) 22 DCMR § 3514 (failure to comply with requirements concerning resident records);

(dd) 22 DCMR § 3515 (failure to comply with requirements concerning confidentiality of records);

(ee) 22 DMCR § 3516 (failure to develop and make available policies concerning admission, transfer, and discharge);

(ff) 22 DCMR § 3517 (failure to comply with requirements concerning admission policies and procedures, health screening and recordkeeping);

(gg) 22 DCMR § 3518 (failure to comply with requirements concerning discharge and transfer policies and procedures and recordkeeping);

(hh) 22 DCMR § 3519 (failure to comply with requirements concerning emergencies and unusual incidents); or

(ii) 22 DCMR § 3522 (failure to comply with requirements concerning medications).

3605.4 Violation of any of the following provisions shall be a Class 4 infraction:

(a) 22 DCMR § 3500.3 (using an improper name or logo on the exterior of the facility);

(b) 22 DCMR § 3501.5 (failure to supply window curtains, shades or blinds, clean and in good repair);

(d) 22 DCMR § 3501.8 (failure to provide access to and encourage full utilization of space);

(e) 22 DCMR § 3501.9 (failure to locate restricted space in the most remote portions of the facility);

(f) 22 DCMR § 3503.4 (failure to provide employee with copy of job description);

(g) 22 DCMR § 3503.10 (failure to provide required supplies in bathroom);

(h) 22 DCMR § 3509.3 (failure to discuss contents of job description with employee periodically);

(i) 22 DCMR § 3509.4 (failure to provide employee with copy of job description);

(j) 22 DCMR § 3509.5 (failure to update job description and review it with employee); or

(k) 22 DCMR § 3512 (failure to comply with general recordkeeping requirements).

History

SOURCE: Final Rulemaking published at 52 DCR 4999 (May 27, 2005).

16 DCMR § 3606 HOSPITAL INFRACTIONS

3606.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) 22 DCMR § 2002.1 (operating a hospital without a license);

(b) 22 DCMR § 2101.2 (failure to have the medical staff of each service under the direction and supervision of a qualified physician specialist);

(d) 22 DCMR § 2105 (failure to have physicians available as specified or failure to have ea2ch patient under the care of a physician);

(e) 22 DCMR § 2112, except § 2112.13 and § 2112.14 (failure to comply with requirements concerning adequacy, direction, qualifications and duties of nursing staff);

(f) 22 DCMR § 2200.1 (failure to have the anesthesia service under the direction of an anesthesiologist);

(g) 22 DCMR § 2200.2 (failure to have an anesthesiologist or nurse-anesthetist present or on call at all times);

(h) 22 DCMR § 2202.1 (failure to have the emergency room under the direction and supervision of a physician);

(i) 22 DCMR § 2202.2 (failure to have qualified professional staff available for duty in the emergency room);

(j) 22 DCMR § 2203.1 (failure to have the maternity and newborn service under the direction and supervision of an obstetrician and a pediatrician);

(k) 22 DCMR § 2203.6 (failure to provide sufficient nursing staff for the maternity and newborn service);

(l) 22 DCMR § 2205, except § 2205.6 (failure to comply with requirements concerning the adequacy, direction, supervision and qualifications of the medical service physicians and nursing staff);

(m) 22 DCMR § 2206.1 (failure to have the pediatric service and the pediatric nursing service under the supervision and direction of a pediatrician and a qualified nurse as specified);

(n) 22 DCMR § 2207.1 (failure to have the psychiatric service under the supervision and direction of a psychiatrist);

(o) 22 DCMR § 2207.2 (failure to have the psychiatric nursing service under the supervision and direction of a qualified nurse as specified);

(p) 22 DCMR § 2207.3 (failure to have qualified personnel in charge of the psychiatric ward);

(q) 22 DCMR § 2208.1 (failure to have the radiological and radioisotope services under the direction of a radiologist and a physician);

(r) 22 DCMR § 2208.2 (failure to have personnel available to provide x-ray service);

(s) 22 DCMR § 2210.1 (failure to have the surgical service under the direction and supervision of a surgeon);

(t) 22 DCMR § 2210.2 (failure to have the surgical nursing service under the direction and supervision of a qualified nurse as specified);

(u) 22 DCMR § 2210.3 (failure to have the surgical operating suite under the direction of a qualified nurse as specified);

(v) 22 DCMR § 2210.4 (failure to provide adequate nursing personnel in the operating suite);

(w) 22 DCMR § 2210.5 (failure to provide qualified and trained nursing personnel as specified for the surgical service);

(x) 22 DCMR § 2211.1 (failure to have a qualified person as specified in charge of the outpatient service);

(y) 22 DCMR § 2211.2 (failure to have each outpatient clinical service under the supervision of a qualified physician specialist);

(z) 22 DCMR § 2211.3 (failure to provide adequate facilities and personnel for each outpatient service);

(aa) 22 DCMR § 2212.1 (failure to have the laboratory service under the direction of a pathologist or other qualified physician);

(bb) 22 DCMR § 2212.2 (failure to provide competent personnel for the laboratory service);

(cc) 22 DCMR § 2213.1 (failure to have an on-site pharmacy service operated by or under the direction and supervision of a pharmacist);

(dd) 22 DCMR § 2213.2 (failure to have a pharmacy available for the hospital's use at all times); or

(ee) 22 DCMR § 2203 (failure to comply with requirements concerning electrical power and back-up power).

3606.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 22 DCMR § 2000.3 (failure to manage and operate a hospital in accordance with good medical and public health practice);

(b) 22 DCMR § 2004.4 (transferring a license to another licensee or premises without government approval);

(d) 22 DCMR § 2011.3 (installing or using a nonconforming fixture, appurtenance, material or method without government approval);

(e) 22 DCMR § 2100 (failure to comply with requirements concerning governing body and administration);

(f) 22 DCMR § 2101.1 (failure to comply with requirements concerning medical staff and bylaws);

(g) 22 DCMR § 2102.1 (failure to ensure that each direct patient care staff member has a health examination before employment and annually thereafter as specified);

(h) 22 DCMR § 2102.4 (failure to obtain a signed health professional's report of a direct care staff member's health examination);

(i) 22 DCMR § 2102.5 (failure to maintain, and to make available for inspection, a report of a direct care staff member's health examination);

(j) 22 DCMR § 2103.1 (failure to ensure that each direct patient care staff member who is absent from duty because of illness obtains certification that he or she can return to duty before returning to duty);

(k) 22 DCMR § 2103.2 (failure to obtain, maintain, and make available for inspection a direct care staff member's certification that he or she can return to duty);

(l) 22 DCMR § 2106 (failure to comply with requirements concerning separate care units and isolation of patients);

(m) 22 DCMR § 2107 (failure to comply with requirements concerning long-term and convalescent care);

(n) 22 DCMR § 2108 (failure to comply with requirements concerning restraint and seclusion of patients);

(o) 22 DCMR § 2109.1 (failure to comply with requirements concerning medical history and examination of newly admitted patients);

(p) 22 DCMR § 2110 (failure to comply with requirements concerning medication and treatment);

(q) 22 DCMR § 2112.3 (failure to have the Director of Nursing participate in establishment of policies and procedures for the nursing service);

(r) 22 DCMR § 2112.4 (failure to establish a plan of authority, including duties and responsibilities, for the nursing service);

(s) 22 DCMR § 2113 (failure to comply with requirements concerning medical services and facilities);

(t) 22 DCMR § 2200, except § 2200.1 and § 2200.2 (failure to comply with requirements concerning the anesthesia service);

(u) 22 DCMR § 2201 (failure to comply with requirements concerning communicable disease);

(v) 22 DCMR § 2202.5 (failure to make a record of each patient cared for in the emergency room, containing all elements as specified);

(w) 22 DCMR § 2203, except §§ 2203.1, 2203.6, and 2203.13 through 2203.16 (failure to comply with requirements concerning the maternity and newborn service);

(x) 22 DCMR § 2206.2 (failure to separate pediatric care units from other patient care units and to use them only for infants, children and adolescents);

(y) 22 DCMR § 2206.3 (failure to ensure that pediatric patients are within view of nursing stations and corridors);

(z) 22 DCMR § 2206.6 (failure to provide a newborn isolation unit for the pediatric service);

(aa) 22 DCMR § 2206.8 (failure to locate adolescent patients as far away as practicable from infants and younger children);

(bb) 22 DCMR § 2207, except §§ 2207.1, 2207.2, and 2207.3 (failure to comply with requirements concerning the psychiatric service);

(cc) 22 DCMR § 2208.4 (failure to establish a Radiation Protection Committee composed and with duties as specified);

(dd) 22 DCMR § 2208.6 (failure to provide facilities for the detection and measurement of radiation exposures and dosages);

(ee) 22 DCMR § 2208.7 (failure to provide walls, equipment, and supplies as required to protect persons subjected to radiation);

(ff) 22 DCMR § 2210, except §§ 2210.1 through 2210.5 (failure to comply with requirements concerning the surgical service);

(gg) 22 DCMR § 2211, except §§ 2211.1, 2211.2, and 2211.3 (failure to comply with requirements concerning the outpatient service);

(hh) 22 DCMR § 2212, except §§ 2212.1 and 2212.2 (failure to comply with requirements concerning the laboratory service);

(ii) 22 DCMR § 2213, except §§ 2213.1 and 2213.2 (failure to comply with requirements concerning the pharmacy service);

(jj) 22 DCMR § 2214, except § 2214.3 (failure to comply with requirements concerning the social service department);

(kk) 22 DCMR § 2215.1 (failure to have a qualified person in charge of the central sterile supply service);

(ll) 22 DCMR § 2215.2 (failure to provide adequate facilities, services and personnel for the central sterile supply service);

(mm) 22 DCMR § 2216 (failure to comply with requirements concerning the medical records service);

(nn) 22 DCMR § 2220 (failure to comply with requirements concerning ancillary services);

(oo) 22 DCMR § 2300.1 (performing construction, addition, alteration or major repair without government approval);

(pp) 22 DCMR § 2301, except § 2301.2 (failure to comply with requirements concerning equipment and facilities maintenance and control of sepsis and infection);

(qq) 22 DCMR § 2302 (failure to comply with requirements concerning facility construction and storage of gases);

(rr) 22 DCMR § 2304.5 (failure to provide running hot water at above 140 degrees Fahrenheit where required); or

(ss) 22 DCMR § 2304.9 (failure to provide knee, elbow, or foot controlled water valves as required).

3606.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 22 DCMR § 2002.8 (failure to notify of change in nonresident licensee's agent, manager, or attorney-in-fact);

(b) 22 DCMR § 2004.5 (failure to frame and post license as required);

(c) 22 DCMR § 2006.2 (failure to notify of change in ownership, name or location and to submit new application in connection therewith);

(d) 22 DCMR § 2101.3 (failure to ensure that all persons working in the hospital are familiar with applicable regulations);

(e) 22 DCMR § 2102, except §§ 2102.1, 2102.4, and 2102.5 (failure to comply with requirements concerning the content of a direct patient care staff member's health examination);

(f) 22 DCMR § 2103.4 (failure to comply with immunization requirements);

(g) 22 DCMR § 2109.2 (failure to maintain records, other than medical records, as required);

(h) 22 DCMR § 2111 (failure to comply with requirements concerning sterilization and laundering);

(i) 22 DCMR § 2202.3 (failure to provide adequate work area in emergency room as specified);

(j) 22 DCMR § 2202.4 (failure to provide privacy screening in emergency room as specified);

(k) 22 DCMR § 2205.5 (failure of medicine service to make resources available for electrocardiograms);

(l) 22 DCMR § 2206.5 (failure to provide a play room or play area readily available to each patient care unit within the pediatric service);

(m) 22 DCMR § 2206.7 (failure to provide sufficient and adequately equipped single-occupancy rooms for the pediatric service);

(n) 22 DCMR § 2208.3 (failure to provide special devices for obstetric roentgenography);

(o) 22 DCMR § 2208.5 (failure to prominently post radiation protection policies and procedures);

(p) 22 DCMR § 2214.3 (failure to provide adequate private space within the social services department);

(q) 22 DCMR § 2215, except § 2215.1 and § 2215.2 (failure to comply with general requirements concerning the central sterile supply service);

(r) 22 DCMR § 2301.2 (failure to comply with general sanitation and maintenance requirements);

(s) 22 DCMR § 2304, except § 2304.5 and § 2304.9 (failure to comply with requirements concerning water facilities); or

(t) 22 DCMR § 2305 (failure to comply with requirements concerning refuse disposal facilities).

3606.4 Violation of any of the following provisions shall be a Class 4 infraction:

(a) 22 DCMR § 2002.5 (failure to submit an initial or renewal license application timely);

(b) 22 DCMR §§ 2203.13 through 2203.16 (failure to comply with requirements concerning formula rooms and formula preparation for the maternity and newborn service); or

History

SOURCE: Final Rulemaking published at 52 DCR 5003 (May 27, 2005).

16 DCMR § 3607 NURSING FACILITY INFRACTIONS

3607.1 Violation of the following provision shall be a Class 1 infraction:

22 DCMR § 3203.1 (operating a nursing facility without a license).

3607.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 22 DCMR § 3200.1 (failure to comply with requirements concerning a provision in the federal regulations);

(b) 22 DCMR § 3205 (failure to comply with requirements concerning insurance coverage);

(d) 22 DCMR § 3208 (failure to comply with requirements concerning nursing services and Director of Nursing);

(e) 22 DCMR § 3209 (failure to comply with requirements concerning nursing services supervision);

(f) 22 DCMR § 3210 (failure to comply with requirements concerning licensed nursing coverage);

(g) 22 DCMR § 3211 (failure to comply with requirements concerning nursing personnel);

(h) 22 DCMR § 3212 (failure to comply with requirements concerning temporary nursing personnel);

(i) 22 DCMR § 3213 (failure to comply with requirements concerning restorative nursing care);

(j) 22 DCMR § 3215 (failure to comply with requirements concerning ventilator care services);

(k) 22 DCMR § 3216 (failure to comply with requirements concerning use of restraints);

(l) 22 DCMR § 3217.6 (failure to ensure that infection control policies are implemented and that environmental services are in compliance);

(m) 22 DCMR § 3217.8 (failure to report communicable disease);

(n) 22 DCMR § 3222 (failure to comply with requirements concerning immunizations);

(o) 22 DCMR § 3223 (failure to comply with requirements concerning rehabilitative services);

(p) 22 DCMR § 3224 (failure to comply with requirements concerning pharmaceutical services and supervision);

(q) 22 DCMR § 3225 (failure to comply with requirements concerning physician orders for medications);

(r) 22 DCMR § 3226 (failure to comply with requirements concerning administration of medication);

(s) 22 DCMR § 3227 (failure to comply with requirements concerning labeling and storage of medication);

(t) 22 DCMR § 3235.5 (failure to provide emergency power generator when life support system is used);

(u) 22 DCMR § 3235.6 (failure to provide emergency power for elevators); or

(v) 22 DCMR § 3236.4 (failure to maintain water temperature between 95 and 110 degrees Fahrenheit).

3607.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 22 DCMR § 3201 (failure to comply with requirements concerning administrative management);

(b) 22 DCMR § 3202 (failure to comply with requirements concerning personnel policies);

(c) 22 DCMR § 3203, except § 3203.1 (failure to comply with requirements concerning licenses and administrative records);

(d) 22 DCMR § 3206 (failure to comply with requirements concerning resident care policies);

(e) 22 DCMR § 3214 (failure to comply with requirements concerning in-service education for nursing personnel);

(f) 22 DCMR § 3217, except § 3217.6 and § 3217.8 (failure to comply with requirements concerning infection control);

(g) 22 DCMR § 3218 (failure to comply with requirements concerning dietary supervision);

(h) 22 DCMR § 3219 (failure to comply with requirements concerning dietary services);

(i) 22 DCMR § 3220 (failure to comply with general dietary requirements);

(j) 22 DCMR § 3221 (failure to comply with requirements concerning dietary management and records);

(k) 22 DCMR § 3228 (failure to comply with requirements concerning podiatry services);

(l) 22 DCMR § 3229 (failure to comply with requirements concerning social services);

(m) 22 DCMR § 3230 (failure to comply with requirements concerning resident activities);

(n) 22 DCMR § 3231 (failure to comply with requirements concerning medical records);

(o) 22 DCMR § 3232 (failure to comply with requirements concerning incident reporting);

(p) 22 DCMR § 3233 (failure to comply with requirements concerning grievances);

(q) 22 DCMR § 3234 (failure to comply with environmental requirements);

(r) 22 DCMR § 3235, except § 3235.5 and § 3235.6 (failure to comply with requirements concerning electrical systems);

(s) 22 DCMR § 3236, except § 3236.4 (failure to comply with requirements concerning water supply and distribution);

(t) 22 DCMR § 3237 (failure to comply with requirements concerning sewage and solid waste disposal);

(u) 22 DCMR § 3238 (failure to comply with requirements concerning heating and cooling);

(v) 22 DCMR § 3239 (failure to comply with requirements concerning ventilation and exhaust);

(w) 22 DCMR § 3240 (failure to comply with requirements concerning acoustical insulation and noise reduction);

(x) 22 DCMR § 3241 (failure to comply with requirements concerning elevators);

(y) 22 DCMR § 3242 (failure to comply with requirements concerning walls, ceilings, floors and finishes);

(z) 22 DCMR § 3243 (failure to comply with requirements concerning ramps, stairs, and corridors);

(aa) 22 DCMR § 3244 (failure to comply with requirements concerning outdoor space);

(bb) 22 DCMR § 3245 (failure to comply with requirements concerning nursing unit design);

(cc) 22 DCMR § 3246 (failure to comply with requirements concerning resident bedrooms);

(dd) 22 DCMR § 3247 (failure to comply with requirements concerning resident toilets and bathrooms);

(ee) 22 DCMR § 3248 (failure to comply with requirements concerning refreshment stations);

(ff) 22 DCMR § 3249 (failure to comply with requirements concerning resident recreation and social areas);

(gg) 22 DCMR § 3250 (failure to comply with requirements concerning food service areas);

(hh) 22 DCMR § 3251 (failure to comply with requirements concerning therapy service areas);

(ii) 22 DCMR § 3252 (failure to comply with requirements concerning resident shopping and grooming areas);

(jj) 22 DCMR § 3253 (failure to comply with requirements concerning public and staff facilities);

(kk) 22 DCMR § 3254 (failure to comply with requirements concerning laundry areas);

(ll) 22 DCMR § 3255 (failure to comply with requirements concerning housekeeping and maintenance);

(mm) 22 DCMR § 3256 (failure to comply with requirements concerning housekeeping and maintenance services);

(nn) 22 DCMR § 3257 (failure to comply with requirements concerning pest control);

(oo) 22 DCMR § 3258 (failure to comply with requirements concerning general safety and inspection);

(pp) 22 DCMR § 3259 (failure to comply with requirements concerning fire and emergency preparedness);

(qq) 22 DCMR § 3264 (failure to comply with requirements concerning physical structure and construction); or

(rr) 22 DCMR § 3265 (failure to comply with requirements concerning wheelchair and handicapped access).

History

SOURCE: Final Rulemaking published at 52 DCR 5010 (May 27, 2005).

16 DCMR § 3608 HOME CARE AGENCY INFRACTIONS

3608.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) 22 DCMR § 3900.2 (operating a home care agency without a license);

(b) 22 DCMR § 3900.3 (failure of existing agency to apply for licensure within time specified).

3608.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 22 DCMR § 3900.4 (failure to provide at least one required service);

(b) 22 DCMR § 3900.5 (failure to maintain an operating office within the District of Columbia and to staff that office at least 8 hours per day, Monday through Friday);

(c) 22 DCMR § 3900.6 (failure to maintain required records within District of Columbia office or to produce records for inspection as specified);

(d) 22 DCMR § 3900.8 (failure to comply with other applicable federal and District laws and rules);

(e) 22 DCMR § 3901 (failure to comply with insurance requirements);

(f) 22 DCMR § 3904 (failure to have a qualified Director or failure of Director to carry out responsibilities);

(g) 22 DCMR § 3907.8 (knowingly permitting an employee under the influence of drugs or alcohol or carrying a communicable disease to provide home care services);

(h) 22 DCMR § 3907.9 (failure to ensure that an employee is properly licensed, certified, or registered to provide services);

(i) 22 DCMR § 3908.3 (failure to properly evaluate a request for home care services);

(j) 22 DCMR § 3914.1 (failure to develop a patient plan of care);

(k) 22 DCMR § 3914.2 (failure to obtain physician approval of patient plan of care);

(l) 22 DCMR § 3916.1 (failure to periodically review, evaluate, and report to physician on skilled care services);

(m) 22 DCMR § 3916.3 (failure to provide skilled services in accordance with plan of care);

(n) 22 DCMR § 3917 (failure to comply with requirements concerning skilled nursing services);

(o) 22 DCMR § 3918 (failure to comply with requirements concerning psychiatric nursing services);

(p) 22 DCMR § 3919 (failure to comply with requirements concerning monitoring services);

(q) 22 DCMR § 3920, except § 3920.5 (failure to comply with requirements concerning intravenous therapy services); or

(r) 22 DCMR § 3924 (failure to comply with requirements concerning restrictions on service to patients requiring special care).

3608.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 22 DCMR § 3903 (failure to establish a governing body or failure of governing body to comply with specified requirements);

(b) 22 DCMR § 3905 (failure to develop, implement, and make available policies and procedures);

(d) 22 DCMR § 3907.2 (failure to maintain accurate and complete personnel records);

(e) 22 DCMR § 3907.4 (failure to maintain personnel records within District of Columbia office or to produce records for inspection as specified);

(f) 22 DCMR § 3907.6 (failure to verify that new employee has been screened for and is free of communicable disease);

(g) 22 DCMR § 3907.7 (failure to ensure that employee is screened for and certified free of communicable disease annually);

(h) 22 DCMR § 3907.10 (failure to document professional qualifications of employee or care provider);

(i) 22 DCMR § 3908.3 (failure to comply with requirements concerning admission policies, procedures and recordkeeping);

(j) 22 DCMR § 3909 (failure to comply with requirements concerning discharge, transfer or referral);

(k) 22 DCMR § 3910 (failure to comply with requirements concerning records retention and disposal);

(l) 22 DCMR § 3911 (failure to comply with requirements concerning clinical records);

(m) 22 DCMR § 3914, except § 3914.1 and § 3914.2 (failure to comply with requirements concerning content of patient plan of care);

(n) 22 DCMR § 3915 (failure to comply with requirements concerning home health aide and personal care aide services);

(o) 22 DCMR § 3916.2 (failure to develop and implement policies for documentation of coordination of skilled services);

(p) 22 DCMR § 3920.5 (failure to comply with policies and procedures requirements for intravenous therapy);

(q) 22 DCMR § 3921 (failure to comply with requirements concerning nutritional support services);

(r) 22 DCMR § 3922 (failure to comply with requirements concerning occupational therapy services);

(s) 22 DCMR § 3923 (failure to comply with requirements concerning physical therapy services);

(t) 22 DCMR § 3925 (failure to comply with requirements concerning speech language pathology services); or

(u) 22 DCMR § 3926 (failure to comply with requirements concerning social services).

3608.4 Violation of any of the following provisions shall be a Class 4 infraction:

(a) 22 DCMR § 3900.7 (failure to post license conspicuously);

(b) 22 DCMR § 3907.1 (failure to have and make available written personnel policies as specified);

(d) 22 DCMR § 3907.11 (failure to ensure that employee or contract worker presents valid agency identification before entering patient's home);

(e) 22 DCMR § 3912 (failure to comply with requirements concerning patient rights and responsibilities); or

(f) 22 DCMR § 3913 (failure to comply with requirements concerning complaint process).

History

SOURCE: Final Rulemaking published at 52 DCR 5014 (May 27, 2005).

16 DCMR § 3609 BACKGROUND CHECKS FOR HEALTH-CARE WORKERS INFRACTIONS

3609.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) 22 DCMR § 4701.1(a) (employing or using the contract services of a person convicted of a listed offense);

(b) 22 DCMR § 4705.1 (employing or using the contract services of a person convicted of a listed offense;

(d) 22 DCMR § 4703.2 (continuing to employ or use the contract services of a current staff member if a background check reveals a conviction for a listed offense); or

(e) 22 DCMR § 4705.2 (employing or using the contract services of a person convicted of a listed misdemeanor offense unless the specified requirements for employment are met).

3609.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 22 DCMR § 4701.2 (failure to obtain a criminal background check and/or a Nurse Aide Abuse Registry check before employing or using the contract services of a covered person);

(b) 22 DCMR § 4704.1(d) (failure to maintain documentation of an employee's criminal background check results);

(d) 22 DCMR § 4705.3 (failure to verify whether a person convicted of a misdemeanor meets the specified requirements for employment).

3609.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 22 DCMR § 4701.5 (failure to obtain a complete criminal background check as specified before employing an individual);

(b) 22 DCMR § 4704.2 (improper disclosure of criminal background check records);

(c) 22 DCMR § 4704.3 (failure to manage recordkeeping and disclosure of Nurse Aide Abuse Registry information in compliance with the Abuse Registry rules);

(d) 22 DCMR § 4704.4 (failure to maintain an employee's criminal background records for 1 year following the end of that person's employment).

3609.4 Violation of any of the following provisions shall be a Class 4 infraction:

(a) 22 DCMR § 4701.3 (failure to inform an applicant of the background check requirement, or to obtain the information necessary for the performance of the check, before offering employment);

(b) 22 DCMR § 4704.1(a) (failure to maintain documentation of an employee's date of hire);

(c) 22 DCMR § 4704.1(b) (failure to maintain documentation of the date a background check was requested for an employee);

(d) 22 DCMR § 4704.1(c) (failure to maintain documentation of the date the background check results for an employee were received);

(e) 22 DCMR § 4704.1(f) (failure to maintain documentation of any sworn statements submitted by an employee related to his or her background check); or

(f) 22 DCMR § 4704.1(g) (failure to maintain documentation of any action taken by the employer facility as a result of information obtained from a background check).

History

SOURCE: Final Rulemaking published at 52 DCR 5017 (May 27, 2005).

16 DCMR § 3610 HEALTH PROFESSIONAL AND HEALTH EMPLOYER REPORTING INFRACTIONS

3610.1 Violation of any of the following provisions shall result in a $2,500 fine for the first offense:

22-B DCMR § 2501 (failure of a health professional to report disciplinary action, legal action or employment action against him or her); and

(b) 22-B DCMR § 2502 (failure of an employer to report an action taken against a health professional).

3610.2 Violation of any of the following provisions shall result in a $5,000 fine for the second offense:

22-B DCMR § 2501 (failure of a health professional to report disciplinary action, legal action or employment action against him or her); and

22-B DCMR § 2502 (failure of an employer to report an action taken against a health professional).

3610.3 Violation of any of the following provisions shall result in a $10,000 fine for the third offense:

22-B DCMR § 2501 (failure of a health professional to report disciplinary action, legal action or employment action against him or her); and

22-B DCMR § 2502 (failure of an employer to report an action taken against a health professional).

3610.4 Fines issued under this chapter shall not preclude any other criminal or civil penalty or enforcement action provided by District law.

3610.5 For purposes of enforcement of this Chapter pursuant to Chapter 31 of this Title, the term “Director” shall mean the Director of the District of Columbia Department of Health or his or her designee.

History

SOURCE: Final Rulemaking published at 52 DCR 5019 (May 27, 2005); as amended by Final Rulemaking published at 68 DCR 011097 (October 22, 2021). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3610

16 DCMR § 3611 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5019 (May 27, 2005).

16 DCMR § 3612 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5019 (May 27, 2005).

16 DCMR § 3613 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5019 (May 27, 2005).

16 DCMR § 3614 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5019 (May 27, 2005).

16 DCMR § 3615 PHARMACY LICENSURE AND POSTING INFRACTIONS

3615.1 Violation of any of the following provisions shall be a Class 1 infraction:

D.C. Official Code § 47-2885.03(d) (2005 Repl.)and 22 DCMR B § 1900.1 (operating, maintaining, opening, or establishing a pharmacy within the District of Columbia without a license or registration issued by the Mayor);

D.C. Official Code § 47-2885.03(f) (2005 Repl.)(using or having upon an establishment or institution or any part of an establishment or institution, or displaying within it, or affixing or using in connection with it, a sign bearing the word or words “pharmacy,” “apothecary,” “drugstore,” “druggist,” or any word or words of similar or like import which tends to indicate that the practice of pharmacy is being conducted in the establishment or institution);

D.C. Official Code § 47-2885.06 (2005 Repl.), D.C. Official Code § 3-1210.06(b)(4) (2007 Repl.), and 17 DCMR § 6509.3 (unregistered pharmacy intern on duty);

D.C. Official Code § 47-2885.08 (2005 Repl.)(using a pharmacy license for a location other than the one specified on the license; transferring a pharmacy license, using a pharmacy license under a name other than the name under which the license was issued, or failure to promptly surrender a pharmacy license to the Mayor as required);

D.C. Official Code § 47-2885.08(b) (2005 Repl.)(failure to renew a pharmacy license);

D.C. Official Code § 47-2885.09(a)(2005 Repl.) and 22 DCMR B § 1901.1and § 1901.2 (operating a pharmacy without a pharmacist on duty or with an unlicensed pharmacist on duty);

D.C. Official Code § 47-2885.10(a)(1) (2005 Repl.)(failure to notify the Mayor of a conviction of a felony or violation of a law or regulation of the District of Columbia or the United States relating to drugs by a person named in the application for pharmacy licensure);

D.C. Official Code § 47-2885.10(a)(2) (2005 Repl.) (furnishing false or misleading information to the Mayor or failing to furnish information requested by the Mayor);

(i) D.C. Official Code § 47-2885.17 (2005 Repl.)(peddling drugs);

(j) 22 DCMR B § 1902.1 and 1902.12 (operating a pharmacy outside of the classification for which the license was issued or failing to adhere to the restrictions placed on the license);

(k) 22 DCMR B § 1902.16 (failure to immediately return a pharmacy license to the Director as required);

22 DCMR B § 1903.3 (shipping, mailing, or delivering in any manner prescription drugs or medical devices into the District of Columbia directly or indirectly without being registered as a non-resident pharmacy by the Department);

(m) 22 DCMR B § 1903.16(e)(1) (failure of a non-resident pharmacy to maintain certification for internet pharmacies acceptable to the Department for each website and domain registration);

(n) 22 DCMR B § 1903.16(e)(2) (failure of a non-resident pharmacy to maintain registration in good standing in the District of Columbia as a foreign corporation); or

22 DCMR B § 1907.3 (operating a pharmacy in either a temporary or trailer-type facility without a special or limited use license approved by the Director).

3615.2 Violation of any of the following provisions shall be a Class 2 infraction:

22 DCMR B § 1902.8 (failure to notify the Director within thirty (30) days after a change in the pharmacist-in-charge, Director of Pharmacy, or Responsible Nuclear Pharmacist);

22 DCMR B § 1903.8(h) (failure of a non-resident pharmacy to provide all website addresses and domain registrations to the Department);

22 DCMR B §1903.10 (failure of a non-resident pharmacy to report a change in the name or address of the resident agent in writing to the

Director within thirty (30) days after the change);

22 DCMR B § 1903.11 (failure of a non-resident pharmacy to report a change in the pharmacist-in-charge or corporate officers within thirty (30) days after the change);

22 DCMR B § 1903.12 (failure of a non-resident pharmacy to notify the Department within ten (10) days after a change in proprietorship or ownership, pharmacy name, or location or failure to apply for a new registration);

22 DCMR B § 1903.13 (failure of a non-resident pharmacy to notify the Department within ten (10) days after closing);

(g) 22 DCMR B § 1903.16(a) (failure of a non-resident pharmacy to maintain licensure, registration, or a permit in good standing in the state in which the non-resident pharmacy is located);

(h) 22 DCMR B § 1905.4 (failure to notify the Director at least sixty (60) days prior to the change of proprietorship of a pharmacy or to apply for a new license);

(i) 22 DCMR B § 1906.1 (failure to notify the Director in writing of the closing of a pharmacy not later than fifteen (15) days prior to the anticipated date of closing or failure to include all required information in the notice);

(j) 22 DCMR B § 1906.2 (failure to conspicuously post a sign notifying the public of the closing date of the pharmacy at least fifteen (15) days prior to the closing, failure to include all required information in the notice, or failure to comply with all posting requirements for the location of the notice);

(k) 22 DCMR B § 1906.3 (failure to comply with all District and federal requirements for the transfer of files and records or failure to remove all signs and symbols referencing or indicating the presence of a pharmacy on the premises); or

(l) 22 DCMR B § 1906.4 (failure to submit to the Director all required licenses, registration, and the required written statement within fifteen (15) days after the closing of the pharmacy).

3615.3 Violation of any of the following provisions shall be a Class 3 infraction:

D.C. Official Code § 47-2885.09(a) (2005 Repl.)(failure of pharmacist on duty to post his or her license in a conspicuous place while on duty);

(b) D.C. Official Code § 47-2885.09(a) (2005 Repl.)(failure to conspicuously display on the outside of the pharmacy the hours that the pharmacy is open for business);

(c) D.C. Official Code § 48-801.03 (2009 Repl.)(failure to post the current selling prices for the one hundred (100) most commonly used prescription drugs and related data);

(d) D.C. Official Code § 48-803.03(a) (2009 Repl.)(failure to prominently display a sign regarding drug substitution as required by D.C. Official Code § 48-803.03(a)(2009 Repl.)); or

(e) 22 DCMR B § 1901.3 (failure to post conspicuously in the vicinity of the pharmacy practice area: the pharmacy license, federal and District controlled substances registrations, licenses of pharmacists on duty, certificate of occupancy, and certificates of registration of pharmacy interns).

History

SOURCE: Final Rulemaking published at 52 DCR 5019 (May 27, 2005); as amended by Notice of Final Rulemaking published at 58 DCR 7425 (August 19, 2011).

16 DCMR § 3616 CONTROLLED SUBSTANCES INFRACTIONS

3616.1 Violation of any of the following provisions shall be a Class 1 infraction:

D.C. Official Code § 48-903.02(a) (2009 Repl.)(failure to register or maintain a current District of Columbia controlled substances registration before manufacturing, distributing, or dispensing a controlled substance within the District of Columbia);

D.C. Official Code § 48-903.02(b) (2009 Repl.)(possessing, manufacturing, distributing, dispensing, or conducting research with controlled substances beyond the extent authorized by a registration);

D.C. Official Code § 48-903.03(c) (2009 Repl.)(failure of a practitioner to be registered prior to dispensing a controlled substance or conducting research with a controlled substance in Schedules II through V);

D.C. Official Code § 48-903.02(e) (2009 Repl.)(failure to obtain a separate registration for each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled substances);

D.C. Official Code § 48-903.06 (2009 Repl.) and 22 DCMR B §1502.1 (failure of a registrant to keep records and maintain inventories in conformance with the record-keeping and inventory requirements of federal law, laws of the District of Columbia, and with any additional rules which the Mayor issues);

D.C. Official Code § 48-903.07 (2009 Repl.) and 22 DCMR B §1504.1 (failure of a registrant to distribute a controlled substance in Schedule I or II to another registrant only pursuant to the required order form);

D.C. Official Code § 48-903.08(a) (2009 Repl.) and 22 DCMR B §§1913.1, et seq., with the exception of § 1913.6 (failure to maintain controlled substance prescription records in conformity with the requirements of 22 DCMR B §§1913.1, et seq.);

D.C. Official Code § 48-903.08(a) (2009 Repl.) and 22 DCMR B §§1306.1, et seq. (dispensing a controlled substance in Schedule II without the written prescription of a practitioner, except as provided for emergency situations in 22 DCMR B § 1306.5);

D.C. Official Code § 48-903.08(b) (2009 Repl.)(refilling a controlled substance in Schedule II);

22 DCMR B §1309 (dispensing a controlled substance in Schedule III, IV, or V without the written, oral prescription, or telephone facsimile prescription of a practitioner);

22 DCMR B §1310 (refilling a controlled substance in Schedule III, IV, or V more than six (6) months after the date on which the prescription was issued or more than five (5) times);

22 DCMR B §1303.3 (dispensing a prescription, or performing any part of the dispensing process, pursuant to a telephone facsimile prescription that was not transmitted by a practitioner or a practitioner’s designated agent directly from the practitioner’s office or a health care facility to the pharmacy with no intervening person having access to the prescription drug order);

22 DCMR B § 1305.2 (issuing or dispensing a prescription for a controlled substance that is not for a legitimate medical purpose or that was not prescribed by an individual practitioner acting in the usual course of his or her professional practice);

22 DCMR B § 1305.3 (issuing a prescription for a controlled substance to an individual practitioner for general dispensing purposes);

22 DCMR B § 1305.4 (issuing a controlled substance in any schedule for the purpose of continuing a patient’s dependency to a person or entity other than an authorized narcotic treatment rehabilitation program);

22 DCMR B § 1306.5 (failure to obtain original prescriptions within seven (7) days for emergency oral orders or dispensing more than a seven (7)-day supply of an emergency order);

(q) 22 DCMR B § 1306.2 (filling a controlled substance in Schedule II more than thirty (30) days after the prescription was written, except as permitted in 22-B DCMR § 1306.2);

(r) 22 DCMR B § 1306.3 and 22 DCMR B § 1503.1 (failure to cancel out a controlled substance in Schedule II by drawing a line through it with the date dispensed and initials of the person who dispensed it);

(s) 22 DCMR B § 1306.4 (failure to obtain the original written prescription before dispensing a controlled substance in Schedule II prescription that was transmitted via telephone facsimile);

(t) 22 DCMR B § 1310.6 (failure to properly document an oral refill authorization of a schedule III, IV, or V prescription or refilling a schedule III, IV, or V prescription for a quantity greater than the amount authorized for the initial filling of the prescription);

(u) 22 DCMR B § 1306.7 to § 1306.9 (failure to comply with requirements for dispensing a controlled substance in Schedule II that is transmitted via telephone facsimile when the facsimile will serve as the original prescription);

(v) 22 DCMR B § 1311.1 (a partial filling of a Schedule III, IV, or V prescription that exceeds the total quantity prescribed);

22 DCMR B §1317 (failure to comply with the provisions for administering or dispensing controlled substances for purposes of detoxification or in the course of an authorized clinical investigation in the development of a narcotic addict rehabilitation program);

(x) 22 DCMR B § 1320.1 (distribution of a controlled substance by a practitioner who is authorized to dispense a controlled substance to an unauthorized person or entity);

(y) 22 DCMR B § 1320.2 (failure of a practitioner who is authorized to dispense a controlled substance to obtain a registration to distribute controlled substances when the practitioner has reason to believe that the total number of dosage units of controlled substances which will be distributed by him or her to another practitioner will exceed five percent (5%) of the total number of dosage units distributed and dispensed by him or her during the twelve (12) month period);

(z) 22 DCMR B § 1321 (failure to comply with the provisions for distribution of controlled substances to a supplier);

(aa) 22 DCMR B § 1322 (failure to comply with the provisions for distribution of controlled substances upon discontinuance or transfer of business activities);

(bb) 22 DCMR B § 1323.1 (failure to comply with the provisions or manufacture and distribution of controlled substance solutions and compounds by a pharmacist);

(cc) 22 DCMR B § 1324.1 (failure of a registrant to properly dispose of controlled substances); or

(dd) 22 DCMR B § 1502.1 and 22 DCMR B §1000.2 (failure to register or maintain a current federal controlled substances registration before manufacturing, distributing, or dispensing a controlled substance within the District of Columbia).

3616.2 Violation of any of the following provisions shall be a Class 2 infraction:

D.C. Official Code § 48-903.08(e) (2009 Repl.) and 22 DCMR B § 1912 (failure to affix to a container in which a controlled substance is dispensed a label meeting the requirements set forth in 22 DCMR B § 1912 and 22 DCMR B § 1308 and 22 DCMR B § 1312);

(b) 22 DCMR B § 1311.1 (failure to properly document the partial filling of a prescription for a controlled substance);

(c) 22 DCMR B § 1311.2 (failure to notify the prescriber when the remaining portion of a partially filled Schedule III, IV, or V prescription cannot be supplied within seventy-two (72) hours);

(d) 22 DCMR B § 1311.2 (filling a partial Schedule III, IV, or V prescription beyond the seventy-two (72) hour limit without a new prescription); or

(e) 22 DCMR B §§1314.1, et seq. (failure to comply with the provisions for dispensing a controlled substance listed in Schedule II, III, IV, or V, which is not a prescription drug, without a prescription to a purchaser at retail).

History

SOURCE: Final Rulemaking published at 52 DCR 5024 (May 27, 2005); as amended by Notice of Final Rulemaking published at 58 DCR 7425, 7428 (August 19, 2011).

16 DCMR § 3617 PHARMACY OPERATIONS INFRACTIONS

3617.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) D.C. Official Code § 47-2885.09(d) (2005 Repl.)(failure to report a burglary or damage to a pharmacy or its contents by fire, flood, or other cause or dispensing, selling, or giving away a drug or other merchandise damaged by fire, flood, or other cause prior to approval by the Mayor);

(b) D.C. Official Code § 47-2885.10(a)(2) (2005 Repl.), D.C. Official Code § 47-2885.16 (2005 Repl.), and D.C. Official Code § 48-903.02(f) (2009 Repl.)(refusing to allow an inspection in accordance with D.C. Official Code §§ 47-2885.10(a)(2) and 47-2885.16 (2009 Repl.); refusing to allow entry into any pharmacy or drug outlet, at reasonable times, for the purpose of making inspections to determine compliance with this chapter or with other laws or regulations applicable to the practice of pharmacy; or failure to allow the Mayor or an agent of the Mayor entry into an establishment during reasonable hours for the purpose of conducting an inspection of the establishment of a registrant);

(c) D.C. Official Code § 47-2885.11(a)(1) (2005 Repl.; 2011 Supp.)(pharmacy personnel actively engaged in any work, which includes contact with any merchandise or drugs in a pharmacy or the care of dispensing, manufacturing, or storage facilities, in a pharmacy who is affected by a communicable disease, or to be a carrier of a communicable disease in any capacity dispensing, manufacturing, or storing merchandise or drugs when infected with a communicable disease);

(d) D.C. Official Code § 47-2885.11(a)(2) (2005 Repl.; 2011 Supp.)(intentionally permitting a person to engage in work activities while infected with a communicable disease);

(e) D.C. Official Code § 47-2885.11(b)(1) (2005 Repl.; 2011 Supp.)(working in any capacity in a pharmacy when infected with a boil, infectious wound, sore or an acute respiratory infection);

(f) D.C. Official Code § 47-2885.11(b)(3) (2005 Repl.; 2011 Supp.)(working in any capacity in a pharmacy when suffering from chronic alcoholism);

(g) D.C. Official Code § 47-2885.11(b)(2) and (b)(4) (2005 Repl.; 2011 Supp.)(working in any capacity in a pharmacy without following hygienic work practices or while wearing unclean garments);

(h) 22 DCMR B § 1900.4 (failure to maintain written policies and procedures regarding cleanliness and hygiene standards; or ensure employees comply with such);

(i) 22 DCMR B § 1901.8 (failure to report thefts, suspected diversions, significant losses of drug inventory or the inability to account for such inventory, to the Director within forty-eight (48) hours after discovery);

(j) 22 DCMR B § 1903.16(d) (failure of a non-resident pharmacy to comply with all requests for information made by the Department pursuant to 22 DCMR B § 1903);

(k) 22 DCMR B § 1908 (failure to comply with sanitation standards; or performing professional services under unsanitary conditions under District of Columbia or federal laws and regulations);

(l) 22 DCMR B § 1920 (failure to comply with the requirements and duties for a pharmacist-in-charge under District of Columbia or federal laws and regulations);

(m) 22 DCMR B § 1921 (failure to comply with the requirements for institutional pharmacies under District of Columbia or federal laws and regulations); or

(n) 22 DCMR B § 1922 (failure to comply with the requirements for nuclear pharmacies under District of Columbia or federal laws and regulations).

3617.2 Violation of any of the following provisions shall be a Class 2 infraction:

D.C. Official Code § 47-2885.09(b) (2005 Repl.)(failure of pharmacist on duty to control all professional aspects of the practice of pharmacy, or allowing any usurpation, in reference or impairment of the exercise of professional judgment of the pharmacist on duty by a non-pharmacist proprietor or personnel);

(b) D.C. Official Code § 47-2885.09(c) (2005 Repl.)(failure to securely enclose pharmacy area so as to prevent unauthorized access to pharmacy areas and to prevent the diversion of drugs stored in pharmacy areas; to substantially construct pharmacy and any storage areas for prescription drugs outside of the pharmacy; to have doors capable of being securely locked, to restrict access to pharmacists, the proprietor of the pharmacy, or persons authorized by a pharmacist with the consent of the proprietor; or to maintain the key or keys to the pharmacy areas under the control or in the possession of the pharmacist on duty or the proprietor of the pharmacy);

(d) 22 DCMR B § 1900.3 (having drugs in a pharmacy before a pharmacy license has been obtained from the Director);

22 DCMR B § 1900.5 (failure to review, revise, or document the review of written policies and procedures as required);

(f) 22 DCMR B § 1907, with the exception of § 1907.3 (failure to comply with the physical standards requirements for operation of a pharmacy under District of Columbia or federal laws or regulations); or

(g) 22 DCMR B § 1910, with the exception of § 1910.9 (failure to comply with security and safeguards against diversion requirements under District of Columbia or federal laws and regulations).

3617.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) D.C. Official Code § 48-801.04 (2009 Repl.)(failure to make available upon request the current selling price of all prescription drugs, including those not required to be posted, dispensed by each pharmacy and the pharmacy’s discounts and professional and convenience services and charges therefor);

(b) D.C. Official Code § 48-801.05 (2009 Repl.)(failure to provide to any consumer the discounts and services stated on the poster, under the eligibility, price, and other terms there stated);

(c) 22 DCMR B § 1909 (failure to comply with the equipment and reference material requirements under District of Columbia or federal laws and regulations); or

(d) 22 DCMR B § 1910.9 (displaying or storing drugs, medical devices, or medical supplies in an area accessible to the public which are (1) prescription drugs or devices; (2) devices that may be used in the

administration of controlled substances; (3) over-the counter medicines that contain controlled substances; or (4) over-the-counter medicines that have been identified by the Food and Drug Administration or the Director as having a potential for misuse or abuse).

History

SOURCE: Final Rulemaking published at 52 DCR 5026 (May 27, 2005); as amended by Notice of Final Rulemaking published at 58 DCR 7425, 7432 (August 19, 2011).

16 DCMR § 3618 PHARMACY DRUG HANDLING AND RECORDKEEPING INFRACTIONS

3618.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) D.C. Official Code § 47-2885.10(a)(3) (2005 Repl.), 22 DCMR B § 1901.5, and 22 DCMR B § 1901.6 (selling or offering for sale an adulterated or misbranded drug or device);

(b) D.C. Official Code § 47-2885.12 (2005 Repl.)(failure to comply with the provision governing the bulk sale or transfer of drugs or medical devices);

(c) D.C. Official Code § 47-2885.13(a) (2005 Repl.)and 22 DCMR B § 1901.6 (selling or dispensing drugs after the expiration date designated on the label of the original container, or not in accordance with applicable District of Columbia or federal laws or regulations);

(d) D.C. Official Code § 47-2885.13(a) (2005 Repl.) and 22 DCMR B § 1911.11(failure to store drugs under conditions specified on the label of the original container and in accordance with applicable District of Columbia or federal laws or regulations);

(e) D.C. Official Code § 47-2885.13(c) (2005 Repl.)and 22 DCMR B § 1329.1 (placing in stock for reuse or resale, or accepting back to the pharmacy, a drug which has been returned after leaving the pharmacy, except manufacturer packaged unit dose or unit of use drugs which have been unopened and unaltered);

(f) D.C. Official Code § 47-2885.15(a), (c) (2005 Repl.), 22 DCMR B § 1913.2, and 22 DCMR B § 1913.4 (failure to maintain in every pharmacy, or in the establishment or institution where a pharmacy is located, a suitable book, file, or other easily retrievable records, for a period of not less than five (5) years, for every prescription dispensed or refilled at the pharmacy for inspection, during regular business hours);

(g) 22 DCMR B § 1300.7 (dispensing a medication or device pursuant to a prescription that the pharmacist knows is not based on a valid patient–practitioner relationship);

(h) 22 DCMR B § 1302.2 (failure to immediately reduce an oral prescription order to writing);

22 DCMR B § 1302.3 through § 1302.9 (failure to include all required information on an oral prescription drug order);

(j) 22 DCMR B § 1303.6 through 1303.12 (failure of telephone facsimile orders to contain all required information);

(k) 22 DCMR B § 1301 and 22 DCMR B § 1304 (dispensing a medication or device based upon a prescription order that fails to contain the required information);

(l) 22 DCMR B § 1305.6 (dispensing a medication or device pursuant to a prescription that the pharmacist knows was not issued in the usual course of professional treatment or in legitimate and authorized research);

(m) 22 DCMR B § 1503.1 and 22 DCMR B § 1913, with the exception

of § 1913.6 (failure to maintain prescription files in conformity with the requirements of 22 DCMR B 1913);

(n) 22 DCMR B § 1901.4 (stocking, maintaining, selling, compounding, dispensing, or distributing drugs, medical devices, or chemicals for compounding that are not registered with the FDA);

(o) 22 DCMR B § 1901.7 (obtaining drugs or medical devices from an entity that is not registered or exempted from registration in the District of Columbia pursuant to the Uniform Controlled Substances Act or the federal government or the state in which it is located);

(p) 22 DCMR B § 1903.16(b) (failure of a non-resident pharmacy to maintain records of prescription drugs and devices dispensed to patients in the District of Columbia in a readily retrievable manner for a period of five (5) years from the date of first dispensing);

(q) 22 DCMR B § 1903.16(c) (failure a non-resident pharmacy to comply with the laws and regulations regarding confidentially of prescription records);

(r) 22 DCMR B § 1911 (failure to comply with the packaging and handling requirements under District of Columbia or federal laws and regulations);

(s) 22 DCMR B § 1911.9 (failure to maintain a log of drugs that have been compounded, repackaged, or prepackaged under a pharmacist’s supervision containing the required information);

(t) 22 DCMR B § 1913.11 (failure to maintain a patient record system with immediate retrieval of required patient information during pharmacy operating hours);

(u) D.C. Official Code § 48-803.03a (2001 Supp.), 22 DCMR B § 1327.1, and 22 DCMR B § 1328.5, (failure to properly notify an individual of a drug substitution and provide the right to refuse the substitution prior to the purchase of the substitute drug product);

(v) D.C. Official Code § 48-803.03 (2009 Repl.; 2011 Supp.) and 22 DCMR B § 1328.3 (dispensing a therapeutically equivalent drug product without the prior approval of the prescriber);

(w) D.C. Official Code § 48-803.03 (2009 Repl.; 2011 Supp.)(dispensing a substitute product when the person purchasing the drug product or the patient for whom it is intended indicates a preference for the drug product actually prescribed);

(x) D.C. Official Code § 48-803.03 (2009 Repl.; 2011 Supp.)(dispensing a therapeutically equivalent drug product for a prescription refill of an antipsychotic, antidepressant, chemotherapy, antiretroviral, or immunosuppressive drug);

(y) 22 DCMR B § 1325.1 (failure to dispense a prescription non- controlled substance or a medical device pursuant to a valid written, oral, facsimile, or electronic prescription issued in compliance with this chapter by a licensed practitioner authorized to prescribe the substance or medical device;

(z) 22 DCMR B § 1325.6 (failure to affix a label to the non-controlled

substance prescriptions package meeting the requirements as set

forth in chapter 19 of subtitle B of title 22 of the DCMR);

(aa) 22 DCMR B § 1325.8 (filling a prescription for a non-controlled substance more than one (1) year after the date on which the prescription was issued);

(bb) 22 DCMR B § 1325.9 (filling a prescription order for a non- controlled substance in excess of a one (1) year supply); or

(cc) 22 DCMR B § 1328.4 (failure to properly document in a readily retrievable form the documented policy, which clearly indicates

that the provider has intended to approve the therapeutic interchange).

3618.2 Violation of any of the following provisions shall be a Class 2 infraction:

D.C. Official Code § 47-2885.13(b) (2005 Repl.)(selling drugs designated as

“sample”);

D.C. Official Code § 47-2885.14 (2005 Repl.) and 22 DCMR B §§ 1912.1, et seq. (failure of pharmacy to dispense a drug, except to inpatients of a

licensed hospital, in a suitable container appropriately labeled for

subsequent administration to, or use by, an individual entitled to the

drug);

(c) 22 DCMR B § 1316 (failure to comply with the provisions for transferring a prescription between pharmacies for refill purposes);

(d) 22 DCMR B § 1903.14 (failure of a non-resident pharmacy to provide toll-free telephone communication consultation and affix the number to each drug or device dispensed to patients in the District as required);

(e) 22 DCMR B § 1903.15 (failure of a non-resident pharmacy to immediately notify a patient or prescriber of any expected delay in delivering the prescribed drug or device that may jeopardize or alter the drug therapy of the patient);

(f) 22 DCMR B § 1912.4 (failure to label prepackaged or repackaged containers with a label containing required information required under District of Columbia or federal laws and regulations);

(g) 22 DCMR B § 1912.6 (failure to place the appropriate expiration date on multi-dose containers after they are opened);

(h) 22 DCMR B § 1914 (failure to comply with the requirements for computerized recordkeeping under District of Columbia or federal laws and regulations);

(i) 22 DCMR B § 1915 (failure to comply with the requirements for automated medication dispensing systems under District of Columbia or federal laws and regulations);

(j) 22 DCMR B § 1916.1 (failure to comply with the requirements for remote automated pharmacy services under District of Columbia or federal laws and regulations);

(k) 22 DCMR B § 1917.1 (failure to comply with the requirements for telepharmacy services under District of Columbia or federal laws and regulations);

D.C. Official Code § 48-803.02 (2009 Repl.; 2011 Supp.) and 22 DCMR B § 1326.1 (when dispensing a generically equivalent drug, failure to dispense the drug product in stock having the lowest cost to the person purchasing the drug product; or when the prescriber has specified that the prescribed brand is to be dispensed);

(m) 22 DCMR B § 1325.10 (failure to properly document and uniformly maintain in a readily retrievable record each refilling of a non-controlled substance);

(n) 22 DCMR B § 1325.12 (failure to document required refill authorization information on each prescription refill); or

(o) 22 DCMR B § 1326.3 (use of a formulary of drug products other than the chemical and generic drugs contained in the publication, “Approved Drug Products with Therapeutic Equivalence Evaluations (also known as the Orange Book),” and its monthly updates).

3618.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) D.C. Official Code § 3-1210.06a(a)(1) through (a)(6)(2007 Repl.); and D.C. Official Code § 3-1210.06a(a)(8) (2007 Repl.)(failing to consult with medical assistance recipients or caregivers who present an original prescription order for outpatient drugs);

(b) D.C. Official Code § 3-1210.06a(c)(1) (2007 Repl.)(failure to document the refusal for a consultation by a Medical Assistance Recipient or Caregiver);

(c) D.C. Official Code § 47-2885.15(b)(2)(A) (2005 Repl.) and D.C. Official Code § 47-2885.15(c) (2005 Repl.)(failure to maintain a bound volume containing similar information concerning each sale of hypodermic syringes, needles, or other medical devices which may be used in the administration of controlled substances, and to make such available for inspection during regular business hours);

(d) D.C. Official Code § 47-2885.15(b)(1) (2005 Repl.), and D.C. Official Code § 47-2885.15(c) (2005 Repl.)(failure to maintain and make available for inspection during regular business hours, in every pharmacy, or establishment or institution where a pharmacy is located, bound volumes recording the information required by law or regulation concerning the over-the-counter sales of those drugs which are listed in Schedule V established or amended pursuant to the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. §§ 801, et seq.);

(e) D.C. Official Code § 47-2885.15(b)(2)(C) (2005 Rep.) and D.C. Official Code § 47-2885.15(c) (2005 Repl.)(failure to maintain a bound volume containing similar information concerning each sale of diluents or adulterants, such as lactose or quinine, in quantities sufficient to indicate an intention to use such substances for the illegal distribution or dispensing of any controlled substance, and to make such available for inspection during regular business hours);

(f) 22 DCMR B § 1315 (failure to comply with the provisions for delivering a prescription medication by mail, common carrier, employee or courier service);

(g) 22 DCMR B § 1333.7 (filling a written prescription, for a Medicaid beneficiary, that is not submitted on a tamper resistant prescription

form meeting the requirements set forth in 22 DCMR B § 1333.2, in the absence of an emergency situation, or failure to obtain a verbal, telephone facsimile, electronic, or compliant written prescription within seventy-two (72) hours after filling);

(h) 22 DCMR B § 1913.6 (failure to put in place systems to assign a secure identification for each pharmacist for use on verification of records, or to require manual signatures of pharmacists performing final verifications);

(i) 22 DCMR B § 1918 (failure of the pharmacist on duty to conduct a prospective drug regimen review prior to or at the time of dispensing a prescription drug order as required under District of Columbia or federal laws or regulations);

(j) 22 DCMR B § 1919 (failure of the pharmacist on duty or registered pharmacy intern acting under the direct supervision of a

license pharmacist, to offer to counsel, counsel, or notify of the opportunity to receive a consultation, to a non-inpatient or the patient’s agent, whether or not the patient is a medical assistance recipient, or to comply with the patient counseling requirements under District of Columbia or federal laws or regulations);

(k) 22 DCMR B § 1325.15 (failure to properly document the partial filling of a prescription for a non-controlled substance);

(l) 22 DCMR B § 1325.15 (a partial filling of a non-controlled substance that exceeds the total quantity prescribed);

(m) 22 DCMR B § 1325.15 (dispensing a partial filling of a non-controlled substance more than one year after the date on which the prescription was issued);

(n) 22 DCMR B § 1325.16 (failure to notify the prescribing physician when the pharmacist is unable to dispense the remaining portion of a partially filled prescription for a prescription non-controlled substance within a reasonable period of time, the inability to do so lies with the pharmacy, and the pharmacist believes the delay may jeopardize or alter the drug therapy of the patient);

(o) 22 DCMR B § 1327.1(b) (failure to document the dosage form substitution on the prescription record);

(p) 22 DCMR B § 1327.1(c) (failure to notify the practitioner of the dosage form substitution prior to dispensing or as soon as is reasonably possible thereafter);

(q) 22 DCMR B § 1327.1(d) (the dosage form dispensed fails to contain the identical amount of the active ingredients as the dosage prescribed; or is an enteric-coated or time release product; or otherwise alters desired clinical outcomes); or

(r) 22 DCMR B § 1327.3 (making a dosage form substitution with the use of a product that has been compounded by the pharmacist without obtaining the practitioner’s approval prior to dispensing).

History

SOURCE: Final Rulemaking published at 52 DCR 5026 (May 27, 2005); as amended by Notice of Final Rulemaking published at 58 DCR 7425, 7435 (August 19, 2011).

16 DCMR § 3619 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5026 (May 27, 2005).

16 DCMR § 3620 FOOD AND FOOD OPERATIONS INFRACTIONS

3620.1 [RESERVED]

3620.2 Violation of the following Imminent Health Hazards of Title 25-A DCMR as determined by the Department of Health shall be a Class 2 infraction:

(a) Operating a food establishment without a valid Certificate of Occupancy in violation of § 4408.1(i) P;

(b) Operating a food establishment without a license in violation of §§ 4300.1 Pf and 4408.1(k)(1) P;

(d) Operating a food establishment with a suspended license in violation of §§ 4300.3 Pf, 4718, and 4408.1(k)(3) P;

(e) Operating a depot, commissary or service support facility that services a mobile food unit without a valid license to operate issued by the Mayor in violation of §§ 3700.7 P, 4300.1 Pf, and 4408.1(l)(7) P;

(f) Operating a depot, commissary or service support facility that services a mobile food unit with a license that has been suspended for violations of this chapter and applicable provisions of this Code in violation of §§ 3700.8 P, 4300.3 Pf, 4718, and 4408.1(l)(8) P;

(g) Operating a mobile food unit without a valid Health Inspection Certificate issued by the Department in violation of §§ 3700.5 P, 3706.1(a) – (f) P, and 4408.1(l)(5) P;

(h) Operating as a food vendor without a license in violation of §§ 3700.1 P, 4300.1 Pf, and 4408.1(l)(1) ;

(i) Operating as a food vendor with an expired license in violation of §§ 3700.2 Pf, and 4408.1(l)(2) P;

(j) Operating as a food vendor with a suspended license in violation of §§ 3700.3 Pf, 4718, and 4408.1(l)(3) P;

(k) Operating a residential kitchen in a bed and breakfast without a license in violation of §§ 3800.1 P and 4300.1 Pf;

(l) Operating a residential kitchen in a bed and breakfast with an expired license in violation of §§ 3800.1 P and 4300.1 Pf;

(m) Operating a residential kitchen in a bed and breakfast with a suspended license in violation of §§ 3800.3 P, 4300.3 Pf and 4718;

(n) Operating as a caterer without a license in violation of §§ 3900.1P and 4300.1 Pf;

(o) Operating as a caterer with an expired license in violation of § 3900.2 Pf;

(p) Operating as a caterer with a suspended license in violation of §§ 3900.3P and 4718;

(q) Operating a food establishment without a full-time person-in-charge who is a certified food protection manager recognized by the Department in violation of §§ 203.1P and 203.3 P;

(r) Operating a food establishment without a full-time person-in-charge who is a certified food protection manager recognized by the Department and who is present at the food establishment during all hours of operation in violation of §§ 200.1Pf, 200.2, 200.3, 203, 4408.1(k)(4)P, or 4408.1(k)(5) P;

(s) Operating a food establishment without a full-time person-in-charge who is a certified food protection manager recognized by the Department and who is able to demonstrate knowledge in violation of §§ 201 and 4408.1(k)(6) P;

(t) Operating a food establishment, including but not limited to catered establishment, mobile food unit, depot, or commissary or service support facility that services a mobile food unit without a Food Protection Manager Certificate and a DOH-Issued Certified Food Protection Manager Identification Card during all hours of operation in violation of §§ 203P, 3700.4P, 3800.2P, 3900.4P, and 4408.1(k)(4) P;

(u) Operating a food establishment, including but not limited to catered establishment, mobile food unit, depot, or commissary or service support facility that services a mobile food unit, with extensive fire damage that affects the establishment’s ability to operate in compliance with this Code P in violation of § 4408.1(a) P;

(v) Operating a food establishment, including but not limited to catered establishment, mobile food unit, depot, or commissary or service support facility that services a mobile food unit with a flood or serious flood damage that affects the establishment’s ability to operate in compliance with this Code P in violation of § 4408.1(b) P;

(w) Operating a food establishment, including but not limited to catered establishment, mobile food unit, depot, or commissary or service support facility that services a mobile food unit, with an extended interruption of electrical services that affects the establishment’s ability to operate in compliance with this Code in violation of § 4408.1(c) P;

(x) Operating a food establishment, including but not limited to catered establishment, mobile food unit, depot, or commissary or service support facility that services a mobile food unit, with an interruption of water service resulting in insufficient capacity to meet water demands throughout the establishment that affects the establishment’s ability to operate in compliance with this Code in violation of §§ 2305.1P, and 4408.1(d) P;

(y) Operating a food establishment, including but not limited to catered establishment, mobile food unit, depot, or commissary or service support facility that services a mobile food unit, with a sewage backup that affects the establishment’s ability to operate in compliance with this Code in violation of § 4408.1(e) P;

(z) Misuse of poisonous or toxic materials in a food establishment, including but not limited to catered establishment, mobile food unit, depot, or commissary or service support facility that services a mobile food unit in violation of § 4408.1(f) P;

(aa) Onset of an apparent foodborne illness outbreak in a food establishment, including but not limited to catered establishment, mobile food unit, depot, or commissary or service support facility that services a mobile food unit in violation of § 4408.1(g) P;

(bb) Operating a food establishment in a food establishment, including but not limited to catered establishment, mobile food unit, depot, or commissary or service support facility that services a mobile food unit, with gross insanitary occurrence or condition or other circumstances that may endanger public health in violation of § 4408.1(h) P;

(cc) Failing to minimize or eliminate the presence of insects, rodents, or other pests in a food establishment, including but not limited to catered establishment, mobile food unit, depot, or commissary or service support facility that services a mobile food unit in violation of §§ 3210.1(a) through (d)Pf, and 4408.1(j) P;

(dd) Selling, exchanging or delivering, or having in his or her custody or possession with the intent to sell or exchange, or expose, or offer for sale or exchange, any article of food which is adulterated in violation of §§ 4408.1(k)(7)P, 4408.1(l)(12)P or 4408.1(m)(14)P, and D.C. Official Code § 48-101 (2012 Repl.);

(ee) Operating a food establishment without hot water in violation of §§ 1808.1Pf, 1809.1(a) through (d)Pf, 1810.1P, 1811.1, 2002.1(a)-(b)P, 2305.1Pf, 2305.2Pf, 2402.1Pf, 4408.1(k)(8)P, 4408.1(l)(13), or 4408.1(m)(15) P;

(ff) Operating with incorrect hot or cold holding temperatures for potentially hazardous foods that do not comply with this Code and that cannot be corrected during the course of the inspection in violation of Chapter 10 P, and §§ 4408.1(k)(9)P, 4408.1(l)(14)P, or 4408.1(m)(16) P;

(gg) Operating a food establishment, including but not limited to catered establishment, mobile food unit, depot, or commissary or service support facility that services a mobile food unit, with six (6) or more PRIORITY ITEMS or six (6) or more PRIORITY FOUNDATION ITEMS, or a combination thereof, which cannot be corrected on site during the course of the inspection in violation of § 4408.1(k)(10) P;

(hh) Failing to hire a D.C. licensed Pesticide Operator/contractor in violation of

§§ 3210.2Pf, 4408.1(k)(11) P;

(ii) Failing to allow access to the Department’s representatives during the food establishment’s hours of operation and other reasonable times as determined by the Department in violation of § 4402.1, 4408.1(k)(12)P, and 4408.1(m)(17) P;

(jj) Hindering, obstructing, or in any way interfering with any inspector or authorized Department personnel in the performance of his or her duty in violation of §§ 4408.1(k)(13)P, 4408.1(l)(15)P, 4408.1(m)(18)P, and D.C. Official Code § 48-108 (2012 Repl.);

(kk) Failing to designate a non-smoking area in a restaurant with a capacity of 50 or more in violation of § 4408.1(k)(14)P, and D.C. Official Code § 7-1703.01(a) or (b) (2012 Repl.); or

(ll) Using a deep fryer or other cooking equipment that requires a hood suppression system, except with written approval from the District of Columbia Fire and Emergency Medical Services Department in violation of §§ 3703.1P and 4408.1(l)(9) P.

3620.3 Violation of the following Priority, Priority Foundation, or Core Public Health Items in Chapter 3 (Food Employee/Applicant Health) shall be a Class 2 infraction:

(a) Failing to notify the Department when a food employee is jaundiced or diagnosed with an illness due to a pathogen specified in § 300.4 in violation of § 301.1Pf;

(b) Failing to prohibit a conditional employee who exhibits or reports a symptom or reports a diagnosed illness specified in §§ 300.3 through 300.5 from becoming a food employee until the conditional employee satisfies the requirements for reinstatement associated with specific symptoms or diagnosed illnesses as specified in § 307 in violation of § 302.1P;

(c) Failing to prohibit a conditional employee who will work as a food employee in a food establishment that serves a highly susceptible population when the conditional employee reports a history of exposure specified in §§ 300.6 and 300.7 from becoming a food employee until the conditional employee satisfies the requirements associated with specific symptoms or diagnosed illnesses as specified in § 307.10 in violation of § 302.2 P;

(d) Failing to exclude a food employee as specified in § 305, and § 306.1(a) and § 306.2(a), except as provided in § 307, when the food employee exhibits or reports a symptom or reports a diagnosed illness or a history of exposure as specified in §§ 300.3 through 300.7 in violation of § 303.1(a) P;

(e) Failing to restrict a food employee as specified in § 306, except as provided in § 307, when the food employee exhibits or reports a symptom or reports a diagnosed illness or a history of exposure as specified in §§ 300.3 through 300.7 in violation of § 303.1(b)P;

(f) Failing to exclude food employee from a food establishment when the food employee is symptomatic with vomiting or diarrhea and diagnosed with an infection from Norovirus, Shigella spp., or Enterohemorragic or Shiga Toxin Producing Escherichia colia in violation of § 305.1P;

(g) Failing to exclude a food employee who is jaundiced from the food establishment when the onset of jaundice occurred within seven (7) calendar days in violation of § 305.2(a)P;

(h) Failing to exclude a food employee who is diagnosed with an infection from hepatitis A virus within fourteen (14) calendar days after the onset of any illness symptoms, or within seven (7) calendar days after the onset of jaundice in violation of § 305.2(b)P;

(i) Failing to exclude a food employee who is diagnosed with an infection from hepatitis A virus without developing symptoms in violation of § 305.2(c)P;

(j) Failing to exclude a food employee who is diagnosed with an infection from Salmonella Typhi, or reports a previous infection with Salmonella Typhi within the past three (3) months without having received antibiotic therapy in violation of § 305.3P;

(k) Failing to exclude a food employee, who is diagnosed with an infection from Norovirus, Shigella spp., or Enterohemorrhagic or Shiga Toxin-Producing Escherichia coli, and is asymptomatic, from a food establishment that serves a highly susceptible population in violation of § 306.1(a) P;

(l) Failing to restrict a food employee, who is diagnosed with an infection from Norovirus, Shigella spp., or Enterohemorrhagic or Shiga Toxin-Producing Escherichia coli, and is asymptomatic, from a food establishment that does not serve a highly susceptible population in violation of § 306.1(b) P;

(m) Failing to exclude a food employee who is ill with symptoms of acute onset of sore throat with fever from a food establishment that serves a highly susceptible population in violation of § 306.2(a) P;

(n) Failing to restrict a food employee who is ill with symptoms of acute onset of sore throat with fever from a food establishment that does not serve a highly susceptible population in violation of § 306.2(b) P;

(o) Failing to restrict a food employee who is infected with a skin lesion containing pus, such as a boil or infected wound that is open or draining and not properly covered as specifying in § 300.3(e)P in violation of § 306.3 P; or

(p) Failing to restrict a food employee who has been exposed to a foodborne pathogen as specified in §§ 300.6 and 300.7 from a food establishment that serves a highly susceptible population in violation of § 306.4 P.

3620.4 Violation of the following Priority, Priority Foundation, or Core Public Health Items in Chapter 5 (Hygienic Practices of Food Employees); Chapter 6 (Characteristics of Food); Chapter 7 (Sources, Specifications, and Original Containers and Records for Food); Chapter 8 (Protection of Foods from Contamination after Receiving); Chapter 9 (Destruction of Organisms of Public Health Concern); Chapter 10 (Limitation of Growth of Organisms of Public Health Concern); Chapter 11 (Food Identity, Presentation, and On-Premises Labeling); Chapter 12 (Contamination or Adulterated Food); and Chapter 13 (Special Requirements for Food for Highly Susceptible Populations) shall be a Class 3 infraction:

(a) Failing to prohibit an employee from eating, drinking, chewing gum or using any form of tobacco in areas where the contamination of exposed food, clean equipment, utensils, linens, unwrapped single-service and single-use articles, or other items needing protection can result, except as in designated areas, in violation of § 500.1;

(b) Failing to prohibit food employees who are experiencing persistent sneezing, coughing, or runny nose that causes discharges from the eyes, nose, or mouth from working with exposed food, clean equipment, utensils, linens, or unwrapped single-service or single-use articles in violation of § 501.1;

(c) Failing to prohibit food employees from caring for, or handling animals that are allowed on the premises of a food establishment pursuant to §§ 3214.2(b) through (e), except as specified in § 503.2, in violation of § 503.1;

(d) Using, offering or selling prohibited food from an unapproved source in violation of § 600, or §§ 700 through 706;

(e) Receiving potentially hazardous food that is not at the required temperature in violation of § 707.1P through § 707.5 Pf;

(f) Receiving food that contains unapproved additives or additives that exceed amounts specified in 21 C.F.R. §§ 170 through 180; 21 C.F.R. §§ 181 through 186; and 9 C.F.R. Subpart C Section 424.21(b) in violation of § 708.1P;

(g) Receiving shell eggs that are not clean and sound, and that exceed the restricted egg tolerances for U.S. Consumer Grade B as specified in C.F.R. United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200, et seq., administered by the Agricultural Marketing Service of the USDA in violation of § 709.1;

(h) Receiving egg and milk products that are not pasteurized as specified by the USDA or the C.F.R. in violation of §§ 710.1P through 710.4 P;

(i) Receiving food packages that are not in good condition so that the food is exposed to adulteration or potential contaminants in violation of § 711.1Pf;

(j) Receiving ice for use as a food or a cooling medium that is not made from drinking water in violation of § 712.1P;

(k) Receiving shellstock in containers that do not bear legible source identification tags or labels that are affixed by the harvester and each dealer that depurates, ships, or reships the shellstock, as specified in the Food Code in violation of §§ 714.1Pf through 714.3 Pf;

(l) Failing to ensure that shellstock tags remain attached to the container in which the shellstock was received until the container is empty, except as specified in § 717.4, in violation of § 717.1Pf;

(m) Failing to retain shellstock tags or labels for ninety (90) calendar days from the date the container is emptied using an approved record keeping system that keeps the tags or labels in chronological order correlated to the date when, or dates during which, the shellstock are sold or served as specified in § 717.2 in violation of §§ 717.3Pf and 717.4(a) Pf;

(n) Failing to ensure shellstock removed from one (1) container are not commingled with shellstock from another container with certification numbers, different harvest dates, or different growing areas as identified on the tag or label before being ordered by the consumer in violation of § 717.4(b) Pf;

(o) Failing to prominently display easily understood pull dates on the containers of all pasteurized fluid milk, fresh meat, poultry, fish, bread products, eggs, butter, cheese, cold meat cuts, mildly processed pasteurized products, and potentially hazardous foods sold in food-retail establishments which are pre-wrapped foods and not intended for consumption on premises in violation of § 718.1;

(p) Failing to retain the original pull date on food that is rewrapped and prominently display the word “REWRAPPED” on the new package in violation of § 718.2;

(q) Failing to obtain pre-packaged juice from a processor with a HACCP system as specified in 21 C.F.R. Part 120 Hazard Analysis and Critical Control (HACCP) Systems in violation of § 719.1(a) Pf;

(r) Failing to obtain pre-packaged juice that has been pasteurized or otherwise treated to attain a five (5)-log reduction of the most resistant microorganism of public health significance as specified in 21 C.F.R. Part 120.24 Process Controls in violation of § 719.1(b)P;

(s) Failing to prevent food employees from contaminating ready-to-eat food with his or her bare hands in violation of §§ 800.1 through 800.4;

(t) Failing to prevent food employees from contaminating food by using a utensil more than once to taste food that is to be sold or served in violation of § 801.1P;

(u) Failing to protect food from cross contamination, except as provided for by § 802.2, in violation of §§ 802.1(a) through (h);

(v) Failing to substitute pasteurized eggs or egg products for raw shell eggs in the preparation of foods as specified in violation of §§ 804.1(a) or (b)P;

(w) Failing to protect food from contamination that may result from the addition of unsafe or unapproved food or color additives, or unsafe or unapproved levels of approved food and color additives as specified in § 708 in violation of §§ 805.1(a) and (b)P;

(x) Applying sulfiting agents to fresh fruit and vegetables intended for raw consumption or to a food considered to be a good source of vitamin B1 in violation of § 805.2(a)P;

(y) Serving or selling food specified in § 805.2(a) that is treated with sulfiting agents before receipt by the food establishment, except for grapes, which are not included in this subsection, in violation of § 805.2(b)P;

(z) Failing to prevent contamination of food through contact with equipment and utensils that are not cleaned as specified in Chapter 19 and sanitized as specified in Chapter 20 of the Food Code, or are not single-serve and single-use articles in violation of §§ 809.1(a) or (b)P;

(aa) Failing to protect food from contamination by consumers in violation of §§ 822.1 through 822.3 or §§ 823.1 through 823.2;

(bb) Failing to cook raw animal foods such as eggs, fish, meat, poultry, and foods containing raw animal foods at required temperatures and holding times in violation of §§ 900.1P through 900.4;

(cc) Failing to properly cook raw animal foods in a microwave as specified in violation of §§ 901.1(a) through (d);

(dd) Failing to freeze throughout raw, raw-marinated, partially cooked, or marinated-partially cooked fish other than molluscan shellfish at required temperatures and time controls, except as specified in § 903.2, in violation of § 903.1 P;

(ee) Failing to heat ready-to-eat foods or to reheat potentially hazardous foods for hot holding at required temperatures and time controls, except as provided, in violation of §§ 906.1P through 906.5;

(ff) Failing to comply with required temperatures and time controls for cooling methods for hot and cold holding and for food display in violation of §§ 1003 through 1006;

(gg) Failing to clearly date mark at the time of preparation ready-to-eat, potentially hazardous foods held refrigerated at required temperatures and time controls for more than twenty-four (24) hours in violation of §§ 1007.1Pf through 1007.6;

(hh) Failing to discard ready-to-eat, potentially hazardous foods, prepared and held refrigerated at required temperatures and time controls for more than twenty-four (24) hours, which was not consumed within the time specified in § 1007.1 in violation of § 1008.2P;

(ii) Failing to comply with requirements when using time as a public health control in violation of § 1009;

(jj) Failing to obtain a variance before smoking food as a flavor enhancement, curing food, brewing alcoholic beverages, using food additives or adding components such as vinegar as a method of food preservation rather than as a method of flavor enhancement or to render a food so that it is not potentially hazardous in violation of § 1010.1;

(kk) Failing to obtain a variance before packaging food using a reduced oxygen method of packaging except as specified in Section 1011 where a barrier to Clostridium botulinum in addition to refrigeration exists, before custom processing animals that are for personal use as food and not for sale or service in a food establishment, or before preparing food by another method that is determined by the Department to require a variance in violation of § 1010.1;

(ll) Failing to control the growth and toxin formation of Clostridium botulinum where a food establishment packages foods using a reduced oxygen method of packaging and Clostridium botulinum is identified as a microbiological hazard in the final packaged form in violation of § 1011.1P;

(mm) Failing to have a HACCP Plan and maintain specific information as required where a food establishment packages foods using a reduced oxygen packaging methods and Clostridium botulinum is identified as a microbiological hazard in the final packaged form in violation of §§ 1011.2Pf and 4205.1(d)Pf;

(nn) Failing to provide written notification to consumers of the potential health risks associated with eating animal food that is raw, undercooked, or not otherwise processed to eliminate pathogens where the food establishment offers such foods in ready-to-eat form or as a raw ingredient in another ready-to-eat food, (except as specified in §§ 900.3, 900.4 and 1300.1), in violation of § 1105.1;

(nn) Failing to discard or recondition food that is unsafe, adulterated, or not honestly presented as specified in § 600 in violation of § 1200.1;

(oo) Failing to discard food that is not from an approved source as specified in §§ 700 through 706, in violation of § 1200.2;

(pp) Failing to discard ready-to-eat food that may have been contaminated by an employee who has been restricted or excluded as specified in § 301 in violation of § 1200.3;

(qq) Failing to discard food that is contaminated by food employees, consumers, or other persons through contact with their hands, bodily discharges, such as nasal or oral discharges, or other means in violation of § 1200.4; or

(rr) Failing to comply with specialized requirements for serving, re-serving or offering for sale food to a highly susceptible population in violation of § 1300.

3620.5 Violation of the following Priority, Priority Foundation, or Core Public Health Items in Chapter 14 (Materials Used for Construction and Repair of Equipment, Utensils and Linens); Chapter 15 (Design and Construction of Equipment, Utensils, and Linens); Chapter 18 (Maintenance and Operation of Equipment and Utensils); Chapter 19 (Cleaning of Equipment and Utensils); and Chapter 20 (Sanitization of Equipment and Utensils); shall be a Class 3 infraction:

(a) Failing to use utensils or food-contact surfaces of equipment that are constructed of materials in violation of §§ 1400.1(a) through (e) P;

(b) Using ceramic, china and crystal utensils, and decorative utensils, such as hand painted ceramic or china that are in contact with food that are not lead-free or contain excessive levels of lead in violation of § 1402.1 P;

(c) Using pewter alloys containing lead in excess of five hundredth of a percent (0.05%) as food contact surfaces in violation of § 1402.2 P;

(d) Using copper and copper alloy such as brass in contact with acidic food that has a pH below six (6) such as vinegar, fruit juice, or wine or for a fitting or tubing installed between a backflow prevention device and a carbonator, except as specified in § 1403.2, in violation of § 1403.1 P;

(e) Using galvanized metal for utensils or food-contact surfaces of equipment that are used in contact with acidic food that has a pH below six (6) such as vinegar, fruit juice or wine in violation of § 1404.1 P;

(f) Using single-service and single-use articles made of materials in violation of § 1409.1 P;

(g) Using food temperature measuring devices with sensors or stems constructed of glass, except that thermometers with glass sensors or stems that are encased in a shatterproof coating such as candy thermometers may be used, in violation of § 1501.1 P;

(h) Failing to use multi-use food-contact surfaces that are smooth; free of breaks, open seams, cracks, chips, pits, and similar imperfections; free of sharp internal angles, corners, and crevices; and that have smooth welds and joints in violation of § 1502.1 Pf;

(i) Failing to use multi-use food-contact surfaces that are accessible for cleaning and inspection in violation of §§ 1502.2(a) through (c) Pf;

(j) Using a machine that vends potentially hazardous food that is not equipped with an automatic control that prevents the machine from vending food if there is a power failure, mechanical failure, or other condition that results in an internal machine temperature that cannot maintain food temperatures as specified in Chapters 6 through 13, and until the machine is serviced and restocked with food that has been maintained at temperatures specified in Chapters 6 through 13 in violation of § 1523.1 P;

(k) Failing to maintain hot water temperature at 77°C (171°F) or above when immersion of equipment in hot water is used for sanitizing equipment in a manual operation in violation of § 1810.1 P;

(l) Failing to use a chemical sanitizer in a sanitizing solution for a manual or mechanical operation at contact times specified in § 2002.2 that meets criteria specified in § 3404 Sanitizer, Criteria in accordance with the EPA-registered label use instructions, in violation of § 1813.1P;

(m) Failing to use a chlorine solution that has a minimum temperature based on the concentration and pH of the solutions in violation of § 1813.2 P;

(n) Failing to use an iodine solution in violation of §§ 1813.3(a) through (c) P;

(o) Failing to use a quaternary ammonium compound solution in violation of §§ 1813.4(a) through (c) P;

(p) Failing to use a test kit or other device to accurately determine the concentration of a sanitizer solution in violation of § 1815.1Pf;

(q) Failing to provide only single-use kitchenware, single-service articles, and single-use articles for use by food employees and single-service articles for use by consumers in a food establishment that operates without facilities specified in Chapters 19 and 20 for cleaning and sanitizing kitchenware and tableware in violation of § 1817.1P;

(r) Re-using single-service and single-use articles in violation of § 1818.1;

(s) Re-using serving containers for mollusk and crustacean shells in violation of § 1819.1;

(t) Failing to keep equipment food-contact surfaces and utensils clean to sight and touch in violation of § 1900.1Pf;

(u) Failing to keep food-contact surfaces of cooking equipment and pans free of encrusted grease deposits and other soil accumulations in violation of § 1900.2;

(v) Failing to keep nonfood-contact surfaces of equipment free of an accumulation of dust, dirt, food residue, and other debris in violation of § 1900.3;

(w) Failing to clean equipment food-contact surfaces and utensils as specified in violation of §§ 1901.1 through 1901.5 P;

(x) Failing to return empty containers to a regulated food processing plant for cleaning and refilling with food in violation of § 1910.1; or

(y) Failing to sanitize equipment, food-contact surfaces, and utensils before use after cleaning at the required temperature and hold time, frequency, and methods in violation of §§ 2001.1 through 2002P.

3620.6 Violation of the following Priority, Priority Foundation, or Core Public Health Items in Chapter 23 (Water); Chapter 24 (Plumbing System); Chapter 25 (Mobile Water Tank and Mobile Food Establishment Water Tank); Chapter 26 (Sewage, Other Liquid Waste, and Rainwater); Chapter 27 (Refuse, Recyclables, and Returnables); Chapter 29 (Design, Construction, and Installation of Physical Facilities); Chapter 30 (Numbers and Capacities of Physical Facilities); and Chapter 31 (Location and Placement of Physical Facilities) shall be a Class 3 infraction:

(a) Use drinking water from a system other than the District of Columbia public water system or other approved sources in violation of §§ 2300.1, 2302.1, or 2304.1 P;

(b) Failing to flush and disinfect drinking water system before placing it in service after construction, repair, or modification and after an emergency situation, such as a flood, that may introduce contaminants to the system in violation of § 2301.1 P;

(d) Failing to use a water source and system that is of sufficient capacity to meet peak water demands of the food establishment in violation of § 2305.1 Pf;

(e) Failing to use a hot water generation and distribution systems that are of sufficient capacity to meet peak hot water demands throughout the food establishment in violation of § 2305.2 Pf;

(f) Failing to provide hot or cold water under pressure to all fixtures, equipment, and nonfood equipment that are required to use hot or cold water, (except as specified in § 2308), in violation of § 2306.1 Pf;

(g) Receiving water from a source that is not from an approved public water main, or is not from a water source constructed, maintained, and operated according to 40 C.F.R. § 141 – National Primary Drinking Water Regulations and District of Columbia drinking water quality standards in violation of §§ 2307.1(a)- (b) Pf;

(h) Failing to provide water meeting the requirements specified in §§ 2300 through 2306 to a mobile facility, temporary food establishment without a permanent water supply, or a food establishment with a temporary interruption of its water supply in violation of §§ 2308.1(a) through (e) Pf;

(i) Conveying water through a plumbing system and hoses that are not constructed and repaired with approved materials according to the D.C. Plumbing Code Supplement of 2013, incorporating the International Plumbing Code of 2012 as amended by the D.C. Plumbing Code Supplement of 2013 (Subtitle F of 12 DCMR), in violation of §§ 2400.1, or 2401.1 P;

(j) Using a water filter that is not made of safe materials in violation of § 2400.2 P;

(k) Failing to use an air gap between the water supply inlet and the flood level rim of the plumbing fixture, equipment, or nonfood equipment that is at least twice the diameter of the water supply inlet and that is not less than twenty-five millimeters (25mm) or one inch (1 in.) in violation of § 2403.1 P;

(l) Failing to install a backflow or backsiphonage prevention device on a water supply system that meets American Society of Sanitary Engineering (A.S.S.E.) standards for construction, installation, maintenance, inspection, and testing for that specific application and type of device in violation of § 2404.1P;

(m) Failing to provide hand washing sinks for employees’ use as specified in § 2411, in accordance with the D.C. Plumbing Code Supplement of 2013, incorporating the International Plumbing Code of 2012 as amended by the D.C. Plumbing Code Supplement of 2013 (Subtitle F of 12 DCMR), in violation of § 2406.1 Pf;

(n) Failing to provide toilets for employees’ use and convenience in accordance with the D.C. Plumbing Code Supplement of 2013, incorporating the International Plumbing Code of 2012 as amended by the D.C. Plumbing Code Supplement of 2013 (Subtitle F of 12 DCMR), in violation of §§ 2407.1P ;

(o) Failing to install a plumbing system that precludes backflow of a solid, liquid, or gas contaminant into the water supply system at each point of use at the food establishment in violation of § 2409.1P;

(p) Failing to locate a handwashing sink to allow convenient use by employees in food preparation, food dispensing, and warewashing areas and in, or immediately adjacent to, toilet rooms in violation of § 2411.1 Pf;

(q) Failing to provide areas in which fresh meat is handled with its own handwashing sink located not more than twenty feet (20 ft.) or less from where the meat is handled in violation of § 2411.5 P;

(r) Failing to maintain a handwashing sink so that it is accessible at all times for employees’ use in violation of § 2414.1 Pf;

(s) Using a handwashing sink for purposes other than for handwashing in violation of § 2414.2 Pf;

(t) Failing to use an automatic handwashing facility in accordance with the manufacturer’s instructions in violation of § 2414.3 Pf;

(u) Operating with a prohibited cross-connection by connecting a pipe or conduit between the drinking water system and a nondrinking water system or a water system of unknown quality in violation of § 2415.1 P;

(v) Failing to durably identify piping of nondrinking water system so that it is distinguishable from piping that carries drinking water in violation of § 2415.2 Pf;

(w) Failing to schedule inspection and service of water treatment device or backflow preventer in accordance with manufacturer’s instructions and as necessary to prevent device failure based on local water conditions, and failing to maintain records demonstrating inspection and service by person in charge in violation of § 2416.1 Pf;

(x) Failing to clean and maintain a reservoir that is used to supply water to a device such as a produce fogger in accordance with manufacturer’s specifications or in accordance with the procedures specified in § 2712.2, whichever is more stringent in violation of §§ 2417.1 through 2417.2 P;

(y) Failing to repair and maintain a plumbing system in good repair in accordance with the D.C. Plumbing Code Supplement of 2013, incorporating the International Plumbing Code of 2012 as amended by the D.C. Plumbing Code Supplement of 2013 (Subtitle F of 12 DCMR), in violation of § 2418.1;

(z) Failing to install a filter that does not pass oil or oil vapors in the air supply line between the compressor and drinking water system when compressed air is used to pressurize a water tank system in violation of § 2507.1 P;

(aa) Failing to flush and sanitize a water tank, pump, and hoses before placing items in service after construction, repair, modification, and periods of nonuse in violation of § 2510.1 P;

(bb) Using a water tank, pump, and hoses used for conveying drinking water for other purposes, except as provided in § 2513.2, in violation of § 2513.1 P;

(cc) Using a direct connection between the sewage system and a drain originating from equipment in which food, portable equipment, or utensils are placed, except as specified in §§ 2602.2 through 2602.4, in violation of § 2602 P;

(dd) Failing to convey sewage to the point of disposal through an approved sanitary sewage system or other system, including use of sewage transport vehicles, waste retention tanks, pumps, pipes, hoses, and connections that are constructed, maintained, and operated in accordance with the D.C. Plumbing Code Supplement of 2013, incorporating the International Plumbing Code of 2012 as amended by the D.C. Plumbing Code Supplement of 2013 (Subtitle F of 12 DCMR), in violation of § 2604.1 P;

(ee) Failing to remove sewage and other liquid waste, including grease collection, from an approved waste servicing area or by a sewage transport vehicle in such a way that a public health hazard or nuisance is not created in violation of §§ 2605.1 or 2605.2 Pf;

(ff) Failing to maintain copies of the food establishment’s professional service contract in violation of § 2605.1 (a) through (c) Pf;

(gg) Failing to dispose of sewage through an approved facility that is a public sewage treatment plant or an individual sewage disposal system that is sized, constructed, maintained, and operated in accordance with the D.C. Plumbing Code Supplement of 2013, incorporating the International Plumbing Code of 2012 as amended by the D.C. Plumbing Code Supplement of 2013 (Subtitle F of 12 DCMR), in violation of § 2607.1 P;

(hh) Failing to have and use one (1) or more food waste grinders that are conveniently located near an activity or activities which generate food wastes in violation of § 2607.2 P;

(ii) Operating commercial food waste grinders that are not connected to a drain that is a minimum of two inches (2 in.) fifty-one millimeters (51 mm) in diameter in violation of § 2607.3 P;

(jj) Operating commercial food waste grinders that are not connected and trapped separately from any other fixture or sink compartments, and that is not provided with a supply of cold water in accordance the D.C. Plumbing Code Supplement of 2013, incorporating the International Plumbing Code of 2012 as amended by the D.C. Plumbing Code Supplement of 2013 (Subtitle F of 12 DCMR), in violation of § 2607.3 P;

(kk) Failing to maintain copies of the food establishment’s professional service contract in violation of §§ 2717.2(a) through (c) Pf;

(ll) Operating a food establishment with toilet rooms that open directly into a room used for the preparation of food for service to the public in violation of § 2911.1 Pf;

(mm) Operating a food establishment with toilet rooms that are not provided with tight-fitting and self-closing doors in accordance the D.C. Plumbing Code Supplement of 2013, incorporating the International Plumbing Code of 2012 as amended by the D.C. Plumbing Code Supplement of 2013 (Subtitle F of 12 DCMR) (excepted as specified in § 2911.2), in violation of § 2911.1 Pf;

(nn) Failing to provide each handwashing sink or group of two (2) adjacent sinks with a supply of hand cleaning liquid, powder, or bar soap in violation of § 3001.1 Pf;

(oo) Failing to provide each handwashing sink or group of adjacent sinks with required items in violation of §§ 3002.1(a) through (d) Pf;

(pp) Failing to provide a supply of toilet tissue to each toilet in violation of § 3007.1 Pf;

(qq) Failing to maintain restrooms consisting of a toilet room or toilet rooms, proper and sufficient water closets, and sinks that are conveniently located and readily accessible to all employees as specified in § 3101.3 in violation § 3101.1;

(rr) Failing to display gender-neutral signs on the door of all single-occupancy toilet rooms that read “Restroom,” or that have a universally recognized pictorial indicating that persons of any gender may use each restroom, in accordance with 4 DCMR § 802.2 in violation of § 3101.2; or

(ss) Failing to segregate and hold products held by the licensee for credit, redemption, or return to the distributor, including damaged, spoiled, or recalled products in designated areas that are separated from food, equipment, utensils, linen, and single-service and single-use articles in violation of § 3103.1 Pf.

3620.7 Violation of the following Priority, Priority Foundation, or Core Public Health Items in Chapter 32 (Maintenance and Operation of Physical Facilities), Chapter 33 (Certifications, Labeling and Identification of Poisonous or Toxic Materials); Chapter 34 (Operational Supplies and Applications of Poisonous or Toxic Materials; and Chapter 35 (Stock and Retail Sale of Poisonous or Toxic Materials) shall be a Class 3 infraction:

(a) Using food preparation sinks, hand washing lavatories, and warewashing equipment to clean maintenance tools, to prepare or hold maintenance materials, or disposal of mop water and similar liquid wastes in violation of § 3204.1 Pf;

(b) Failing to maintain copies of the food establishment’s professional service contract and service schedule, which includes the documents specified in §§ 3210.1(a) through (c), in violation of § 3210.2 Pf;

(c) Failing to maintain the premises free of insects, rodents, and pests and to minimize the presence of insects, rodents, and pests on the premises in violation of § 3210.1Pf;

(d) Failing to maintain the premises of a food establishment free of unnecessary items and litter in violation of § 3213.1;

(e) Failing to prohibit live animals on the premises, except as specified in §§ 3214.2 and 3214.3, in violation of § 3214.1 Pf;

(f) Failing to store live or dead fish bait so that contamination of food, clean equipment, utensils, linens, and unwrapped single-service and single-use articles cannot occur in violation of § 3214.3;

(g) Using a pest extermination service that does not possess a current certification as a District Licensed Pesticide Operator issued by the District’s Department of the Environment, Toxic Substances Division, Pesticide Program in violation of § 3300.1 Pf;

(h) Allowing the application of restricted-use pesticides by an individual who is not a licensed certified commercial applicator or a registered employee working under the direct supervision of a licensed commercial or public applicator in violation of § 3300.2 Pf;

(i) Using containers of poisonous or toxic materials and personal care items that do not bear a legible manufacturer’s label in violation of § 3301.1 Pf;

(j) Failing to clearly and individually identify working containers used for storing poisonous or toxic materials such as cleaners and sanitizers taken from bulk supplies with the common name of the material in violation of § 3302.1 Pf;

(k) Failing to properly store poisonous or toxic materials so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles in violation of §§ 3400.1(a) and (b) P;

(l) Allowing poisonous or toxic materials that are not required for the operation and maintenance of the food establishment on the premises of a food establishment, except as specified in § 3401.2, in violation of § 3401.1 Pf;

(m) Using poisonous or toxic materials in violation of D.C. pesticide laws in violation of §§ 3402.1 and 3402.2 P;

(n) Using a container previously used to store poisonous or toxic materials to store, transport, or dispense food in violation of § 3403.1 P;

(o) Applying chemical sanitizers and other chemical antimicrobials to food-contact surfaces that do not meet the requirements of 40 C.F.R. § 180.940 – Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (food-contact surface sanitizing solutions), in violation of § 3404.1 P;

(p) Using chemicals to wash peel raw, whole fruits and vegetables that do not meet the requirements of 21 C.F.R. § 173.315 – Chemicals used in washing or to assist in the peeling of fruits and vegetables, in violation of

§ 3405.1 P;

(q) Using ozone that does not meet the requirements of 21 C.F.R. § 173.368 – Ozone, as an antimicrobial agent in a food establishment for the treatment, storage, and processing of fruits and vegetables that do not meet the requirements of 21 C.F.R. § 173.368 – Ozone, in violation of

§ 3405.2;

(r) Using chemicals as boiler water additives that do not meet the requirements of 21 C.F.R. § 173.310 – Boiler water additives, in violation of § 3406.1 P;

(s) Using drying agents in conjunction with sanitization that contain components not approved in violation of §§ 3407.1(a) through (e), and § 3407.2 P;

(t) Using lubricants that do not meet the requirements specified in 21 C.F.R. § 178.3570 – Lubricants with incident food contact, in violation of § 3408.1 P;

(u) Using restricted- use pesticides that do not meet the requirements specified in 40 C.F.R. part 152 subpart I – Classification of Pesticides, in violation of § 3409.1 P;

(v) Using rodent bait that is not contained in a covered, tamper-resistant bait station in violation of § 3410.1 P;

(w) Using tracking powder pesticide in a food establishment, except as specified in § 3411.2, in violation of § 3411.1 P;

(x) Allowing medicines not necessary for the health of the employees in a food establishment, except for medicines that are stored or displayed for retail sale, in violation of § 3412.1 Pf;

(y) Failing to properly label, as specified in § 3301, and locate medicines that are for employees’ use in a food establishment to prevent the contamination of food, equipment, utensils, linens, and single-service and single-use articles in violation of § 3412.2 P;

(z) Failing to label, as specified in § 3301, first aid supplies that are for employees’ use in a food establishment in violation of § 3414.1(a) Pf;

(aa) Failing to store first aid supplies that are for employees’ use in a food establishment in a kit or container that is located to prevent the contamination of food, equipment, utensils, linens, and single-service and single-use articles in violation of § 3414.1(b) P;

(bb) Failing to meet the requirements for medicines belonging to employees or to children in a day care center that require refrigeration and are stored in a food refrigerator in violation of § 3413.1 P;

(cc) Storing and displaying poisonous or toxic materials for retail sale without physically separating or partitioning by a wall or structure to prevent the contamination of food, equipment, utensils, and single-service and single-articles in violation § 3500.1(a) P; or

(dd) Locating poisonous or toxic materials above food, equipment, utensils, linens, and single-service and single-use articles in violation of § 3500.1(b) P.

3620.8 Violation of the following Priority, Priority Foundation, or Core Public Health Items in Chapter 37 (Mobile Structures & Temporary Stands); Chapter 38 (Residential Kitchens in Bed And Breakfast Operations); Chapter 39 (Caterers); Chapter 40 (Catered Establishments); Chapter 41 (Code Applicability); and Chapter 42 (Plan Submission and Approval) shall be a Class 3 infraction:

(a) Possessing, preparing or vending any food requiring further processing from its original state aboard a mobile food unit without meeting the requirements of §§ 3700.4 and 3701 in violation of § 3700.6 P;

(b) Possessing, preparing, selling, offering to sale, or giving away any food requiring further processing from its original state without the submission of a HACCP Plan, Parasite Destruction Letter, or Risk Control Plan depending on the food and/or process as requested by the Department in violation of § 3701.1 P;

(c) Failing to submit to the Department an original and one (1) copy of a “Hazard Analysis Work Sheet” and a “HACCP Plan” on forms provided by the Department in accordance with Chapter 42 in violation of §§ 3701.2, or 3701.3 P;

(d) Failing to submit HACCP Plans for review every six (6) months in conjunction with the issuance of a vendor’s Health Inspection Certificate in violation of § 3701.4 P;

(e) Implementing changes to a HACCP Plan’s operating procedures, menu, ingredients or other products without the Department’s approval in violation of § 3701.5 P;

(f) Using propane in violation of § 3702.1(a)-(d) P;

(g) Operating a mobile food unit without a current motor vehicle registration that is conspicuously displayed on the mobile food unit in violation of §§ 3704.1 and 3713.1(h) P;

(h) Failing to prepare and protect food in a depot, commissary, or service support facility in accordance with the Food Code Regulations in violation of § 3708.1 P;

(i) Failing to obtain food from approved sources in sound condition and safe for human consumption in violation of § 3708.2 P;

(j) Failing to maintain food temperature requirements in violation of §§ 3708.5(a)-(b), 3708.6 P;

(k) Failing to comply with employee health and hygiene requirements in Chapter 3 and 4 in violation of § 3709.1 P;

(l) Failing to construct and maintain food service preparation and storage areas to prevent the entry of pests and other vermin in accordance with §§ 3210, 3211, and 3213 in violation of § 3711.1 P;

(m) Failing to comply with § 700 and all applicable provisions of the Food Code Regulations in violation of § 3712.1(a)-(x) P;

(n) Failing to conspicuously display on the vending vehicle, vending cart or vending stand, all required documents in violation of §§ 3713.1(a)-(h) P;

(o) Failing to comply with all applicable provisions of the Food Code Regulations in violation of §§ 3714.2(a)-(d) P;

(p) Failing to operate residential kitchens in bed & breakfast operations in compliance with § 700 and all applicable provisions of the Food Code Regulations in violation of §§ 3806.1(a)-(x) P;

(q) Failing to use a currently licensed and inspected food establishment, which complies with the Food Code Regulations, as the caterer’s base of operations in violation of § 3901.1 P;

(r) Failing to comply with § 700 and all applicable provisions of the Food Code Regulations in violation of § 3903.1P;

(s) Failing to maintain a catered establishment’s contract with a licensed caterer or licensed food establishment and other required documents on the premises in violation of §§ 4000.2(a)-(e) and (f)(1)-(8) P;

(t) Failing to provide an approved refrigerator for the storage of potentially hazardous food (time/ temperature control for safety food) in violation of § 4001.1 P;

(u) Failing to remove potentially hazardous food (time/temperature control for safety food) from transport container and store in an approved refrigerator until served in violation of § 4001.1 P;

(v) Maintaining potentially hazardous food (time/temperature control for safety food) temporarily in transport containers that do not maintain proper temperatures in accordance with Chapters 7 through 13 in violation of § 4001.1 P;

(w) Failure of catered establishment to obtain a “Food Establishment License” in violation of § 4000.1(a) P;

(x) Failure of catered establishment to maintain a current copy of its contract on the premises in violation of §§ 4000.2(a) through (f) P;

(y) Failing to serve milk in original individual commercially filled containers received from the distributor, or from an approved bulk milk dispenser, or poured from a commercially filled container of not more than one gallon (1 gal.) capacity in violation of § 4001.2 P;

(z) Failing to immediately refrigerate milk in violation of § 4001.2 P;

(aa) Operating a catered establishment which receives food that is prepared elsewhere and transported hot or cold in individually portioned and protected servings without meeting the requirements set forth in §§ 4002.1(a)-(g) in violation of § 4002.1 P;

(bb) Operating a catered establishment which receives and distributes hot or cold food that is prepared elsewhere and transported ready-to-serve in bulk containers without meeting the requirements set forth in §§ 4003.1(a)-(j) in violation of §§ 2305 and 4003.1 P;

(cc) Operating a catered establishment which reheats food that is prepared elsewhere and transported in bulk containers without meeting the requirements set forth in §§ 4003.1(a)-(k) in violation of 4004.1 P;

(dd) Failing to comply with a variance granted by the Department in violation of § 4104.2(a) P; or

(ee) Failing to maintain and provide to the Department upon request records in violation of §§ 4101, 4104.2(b), 4201.1, or 4202 P.

3620.9 Violations of Title 25-A DCMR that are not cited elsewhere in Section 3620 shall be Class 4 infractions.

History

SOURCE: Final Rulemaking published at 52 DCR 5026 (May 27, 2005); as amended by Final Rulemaking published at 61 DCR 12472 (December 5, 2014); as amended by Final Rulemaking published at 62 DCR 14845 (November 13, 2015). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3620

16 DCMR § 3621 AQUATIC FACILITIES INFRACTIONS

3621.1 Violations of the following provisions that are imminent health and safety hazards that are either confirmed or negligent or inherently dangerous shall be a Class 1 infraction:

(a) Operating an aquatic facility with an unapproved or contaminated water supply source for potable water use in violation of 25-C DCMR §§ 400 and 401;

(b) Operating an aquatic facility with water quality pH level below 6.5 in violation of 25-C DCMR § 404.2(a)(1);

(d) The disinfectant level is below the minimum or above the maximum in violation of 25-C DCMR § 404.2(b);

(e) Operating an aquatic facility with cyanuric acid level in excess of 100 ppm in violation of 25-C DCMR § 404.2(e);

(f) Operating an aquatic facility with contaminated water not treated or improperly treated with disinfectants in violation of 25-C DCMR §§ 406 and 411;

(g) Operating an aquatic facility that is not retrofitted with a properly sized and piped collector tank to eliminate direct suction through the main drain in violation of 25-C DCMR § 408.5;

(h) Operating an aquatic facility with direct suction without installing a main drain cover that meets the ANSI/ASME A112.19.8-2007 standard for drain covers in violation of 25-C DCMR § 408.6;

(i) Operating an aquatic facility with a single main drain (other than an unblockable drain) without being equipped with a device or system such as a safety vacuum release system to prevent entrapment in violation of 25-C DCMR § 408.7;

(j) Operating an aquatic facility with improper plumbing cross-connections between the drinking water supply and aquatic facility water or between sewage system and the aquatic facility including filter backwash facilities in violation of 25-C DCMR §§ 601.1;

(k) Operating an aquatic facility in violation of a Notice of Closure/Summary Suspension, Revocation, Suspension, Warnings, or other directives issued by the Department as specified in 25-C DCMR §§ 408.10, 607.4, 716, 801, 807, 811, and 812;

(l) Using, selling, moving, or destroying equipment, chemicals, or other operational supplies subject to a Condemnation Order by the Department in violation of 25-C DCMR § 804.1;

(m) Failing to report a death, serious injury, or injury that requires resuscitation or admission to a hospital occurring at a swimming pool, spa pool, or sauna to the Department within twenty-four (24) hours of the incident in violation of 25-C DCMR § 413.1;

(n) Using compressed chlorine gas or chlorine gas in violation of 25-C DCMR §§ 608.3 and 608.4;

(o) Failing to allow the Department access to a swimming pool, spa pool, or sauna in violation of 25-C DCMR § 710;

(p) Removing required signs or Department posted warnings or closures in

violation of 25-C DCMR §§ 715.3, 720.3, 805.1, and 901.1(b);

(q) Operating an aquatic facility with conditions dangerous to the health, safety, or welfare of bathers or patrons at the swimming pool, spa pool, or sauna, including but not limited to:

(1) Accidents involving bodily fluids in violation of 25-C DCMR § 412.7;

(2) Violations of recent editions of the District of Columbia’s Construction Codes Supplements, as specified in Subsection 102.1(1) and Chapter 6;

(3) A drowning hazard;

(4) Broken glass, sharp edged or broken tile, metal, or other abrasion hazards in the water or deck area;

(5) Operating an aquatic facility during a fire;

(6) Operating an aquatic facility when there is a flood;

(7) Operating an aquatic facility with an interruption of municipal water service;

(8) Operating an aquatic facility when there is a sewage backup;

(9) Operating an aquatic facility with an onset of a confirmed waterborne illness;

(10) An unapproved modification to a swimming pool, spa pool, or sauna determined by the Department to be unsanitary or dangerous to the public health, safety, or welfare;

(11) Operating an aquatic facility with unprotected, overhead electrical wires within twenty (20) feet horizontally of the water of a swimming pool, spa pool, or sauna;

(12) Operating an aquatic facility without a ground-fault circuit interrupter (GFCI) within twenty (20) feet of the inside wall of the aquatic facility designed to shut off electric power to protect people against electric shock from an electrical system or outlet; or

(13) Operating an aquatic facility when a recirculation system or automatic disinfectant chemical feeding equipment is missing, malfunctioning, or not functioning.

3621.2 Violations of any of the following provisions shall be a Class 2 infraction:

(a) Operating an aquatic facility with improper water temperatures in violation of 25-C DCMR § 202.1(b);

(b) Operating an aquatic facility with a total absence of or improper depth markings in violation of 25-C DCMR §§ 402.3, and 402.4;

(c) Operating an aquatic facility without proper water clarity from the pool deck in violation of 25-C DCMR §§ 402.1, 402.2, and 410.1;

(d) Failing to continuously operate the aquatic facility’s filtration equipment in violation of 25-C DCMR § 408.1, 408.3, 408.12, 409, and 410.3;

(e) Operating an aquatic facility in violation of 25-C DCMR § 408.11;

(f) Operating an aquatic facility with broken, unsecured, improperly secured, damaged or missing main drain grate or any submerged suction outlet grate in violation of 25-C DCMR §§ 408.16 and 408.18;

(g) Operating an aquatic facility without required first aid and safety equipment on deck as specified in 25-C DCMR § 505;

(h) Failing to properly handle, use, label, store, or ventilate chemicals in an aquatic facility in violation of 25-C DCMR §§ 607 or 608;

(i) Using unapproved chemicals or applying chemicals by unapproved methods to an aquatic facility’s water in violation of 25-C DCMR § 607.3;

(j) Failing to prevent unauthorized access to an aquatic facility’s machinery, electric panels, or chemicals used for the swimming pool, spa pool, or sauna in violation of 25-C DCMR § 607.7;

(k) Operating an aquatic facility without the required personal protective equipment (PPE) to handle chemicals in violation of 25-C DCMR § 608.10(h);

(l) Operating an aquatic facility with safety covers that do not meet strict performance standards as set by the American Society for Testing and Materials in ASTM Standard F1346-91, Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs in violation of 25-C DCMR § 610.10;

(m) Operating an aquatic facility with safety covers that are improperly installed, or secured with continuous union to the deck in violation of 25-C DCMR § 505.5;

(n) Failing to report a complaint of illness attributed by a bather to use of a swimming pool, spa pool, or sauna to the Department within twenty-four (24) hours of the incident in violation of 25-C DCMR § 413.2;

(o) Owning, operating, or managing a swimming pool, spa pool, or sauna without a valid license issued by the Department in violation of 25-C DCMR § 700.1;

(p) Failing to maintain plumbing systems, including but not limited to toilet facilities (restrooms), shower facilities and handwashing sinks in good repair in violation of 25-C DCMR § 606.1;

(q) Owning, operating, or managing a swimming pool, spa pool, or sauna without required barriers and/or fencing; or, with barriers and/or fencing not approved by the Department in violation of 25-C DCMR § 610;

(r) Owning, operating, or managing a swimming pool without a pool safety cover in violation of 25-C DCMR § 610.10;

(s) Owning, operating, or managing a swimming pool, spa pool, or sauna with an expired or suspended license in violation of 25-C DCMR § 700.2;

(t) Operating, or managing a public swimming pool, spa pool, or sauna without a valid Certificate of Occupancy in violation of 25-C DCMR § 700.3;

(u) Failing to post licenses, Certificate of Occupancy, certifications, and current inspection reports in violation of 25-C DCMR § 708.2;

(v) Failing to post required signs in violation of 25-C DCMR §§ 201 and 202; or

(w) Failing to keep swimming pool, spa pool or sauna, or pool deck free of sediment, floating debris, visible dirt and algae in violation of 25-C DCMR § 503.6.

3621.3 Violations of any of the following provisions shall be a Class 3 infraction:

(a) Operating an aquatic facility in violation of 25-C DCMR §§ 500, 501, 502, 503, and 504;

(b) Operating an aquatic facility without an emergency lighting source, or failing to maintain an emergency lighting source in violation of 25-C DCMR § 504.5;

(d) Operating an aquatic facility with a bather load in violation of 25-C DCMR §§ 201.1(b), 202.1(d), and 304.1;

(e) Serving as a lifeguard or swimming instructor without a current lifeguard or instructor certification issued by the American Red Cross, the YMCA, or other nationally recognized aquatic training organizations adopted and recognized by the Department in violation of 25-C DCMR §§ 302.3 and 302.4;

(f) Serving as a lifeguard or swimming instructor without a current certification in First Aid, and in adult, child and infant Cardio-Pulmonary Resuscitation and Automated External Defibrillator (CPR/AED) issued by the American Red Cross, the American Heart Association, the National Safety Council, the American Academy of Orthopedic Surgeons, or other nationally recognized aquatic training organizations adopted and recognized by the Department in violation of 25-C DCMR §§ 302.3 and 302.4;

(g) Operating a swimming pool, spa pool, or sauna without the required number of lifeguards in violation of 25-C DCMR §§ 304;

(h) Operating an aquatic facility without an approved Child Safety Plan, if applicable, or failing to provide copies of the facility’s Child Safety Plan to the Department for review and approval in violation of 25-C DCMR §§ 305;

(i) Operating an aquatic facility without a Water Quality Test Kit in violation of 25-C DCMR §§ 405;

(j) Operating an aquatic facility without maintaining daily water quality and safety logs in violation of 25-C DCMR §§ 412;

(k) Serving as a pool and spa operator without a current Pool and Spa Operator’s Registration Card issued by the Department in violation of 25-C DCMR §§ 700.4; or

(l) Constructing, installing, renovating or retrofitting, or operating any public swimming pool, spa pool, or sauna without first having received written approval from the Department of Health and the District Government in violation of 25-C DCMR §§ 705 and 706.

3621.4 Violations of any provision of the District’s Swimming Pool and Spa Regulations

(Subtitle C, Title 25 of the DCMR), which is not cited elsewhere in this section shall be a Class 4 infraction.

History

SOURCE: Final Rulemaking published at 52 DCR 5039 (May 27, 2005); as amended by Final Rulemaking published at 57 DCR 3099 (April 9, 2010); as amended by Final Rulemaking published at 67 DCR 873 (January 31, 2020). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3621

16 DCMR § 3622 PUBLIC BATHS INFRACTIONS

3622.1 Reserved

3622.2 Reserved

3622.3 Violation of the following provision shall be a Class 3 infraction:

(a) D.C. Official Code § 47-2812 (owning or managing an establishment where public baths are supplied to transients without a license).

History

SOURCE: Final Rulemaking published at 52 DCR 5042 (May 27, 2005).

16 DCMR § 3623 MATTRESS INFRACTIONS

3623.1 Reserved

3623.2 Violation of the following provision shall be a Class 2 infraction:

(a) D.C. Official Code § 47-2818 (operating a mattress establishment without a license).

3623.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 22 DCMR § 115.3 (failure to keep any material used in the manufacture or renovation of mattresses in a clean place);

(b) 22 DCMR § 115.4 (failure to maintain a finished mattress free of dampness and dirt); or

3623.4 Violation of any of the following provisions shall be a Class 4 infraction:

(a) 22 DCMR § 115.5 (possession of a mattress which does not have a tag or label required by law);

(b) 22 DCMR §§ 115.7 or 115.11 (use of an improper tag or label on a mattress);

(d) 22 DCMR § 115.10 (failure to obtain approval from the Director for sterilization methods used on mattresses).

3623.5 Violation of any provision of An Act to regulate within the District of Columbia the manufacture, renovation and sale of mattresses, approved July 3, 1926 (44 Stat. 838; D.C. Official Code § 8-501 et seq.), which is not cited elsewhere in this section, shall be a Class 5 infraction.

History

SOURCE: Final Rulemaking published at 52 DCR 5043 (May 27, 2005).

16 DCMR § 3624 BARBER, COSMETOLOGY, AND PERSONAL GROOMING FACILITIES INFRACTIONS

3624.1 [Reserved]

3624.2 Violations of any of the following provisions shall be a Class 2 infraction:

(a) Owning, operating, or managing a barber, cosmetology, or personal grooming facility or performing a cosmetic procedure without a valid license issued by the Mayor in violation of 25-E DCMR §§ 600.1 and 614.2(a);

(b) Owning, operating, or managing a barber, cosmetology, or personal grooming facility without a valid Certificate of Occupancy in violation of 25-E DCMR §§ 600.3 and 614.2(c);

(c) Owning, operating, or managing a barber, cosmetology, or personal grooming facility or performing cosmetic procedures with an expired or suspended license in violation of 25-E DCMR §§ 600.2 and 614.2(b);

(d) Operating a barber, cosmetology, or personal grooming facility in violation of a Notice of Closure/Summary Suspension, Revocation, Suspension, Warnings, or other directives issued by the Department as specified in 25-E DCMR §§ 600, 609.6(a) and (b), 614.1(a) through (p), 614.2(a) through (k), 615.1, 616.3, 617.4, 701.1, 705.1, 707.1, 711.1, 712.1, and 712.2;

(e) Employing or allowing unlicensed personnel to provide barbering, cosmetology, or personal grooming services in violation of 25-E DCMR §§ 200.1(a), 600.4, and 614.2(d);

(f) Employing or allowing a barber, cosmetologist, or personal groomer with an expired or suspended license to provide barbering, cosmetology, or personal grooming services in violation of 25-E DCMR §§ 200.1(a), 600.5 and 614.2(e);

(g) Employing or allowing personnel under eighteen (18) years of age to provide barbering, cosmetology, or personal grooming services in violation of 25-E DCMR §§ 200.1(b);

(h) Employing or allowing personnel to provide barbering, cosmetology, or personal grooming services without required training in violation of 25-E DCMR §§ 200.1(c);

(i) Operating a barber, cosmetology, or personal grooming facility without a person-in-charge who is on duty and on the premises during all hours of operation in violation of 25-E DCMR §§ 200.2 and 614.2(f);

(j) Operating a barber, cosmetology, or personal grooming facility without a licensed barber, cosmetologist, or personal groomer who is on duty and on the premises during all hours of operation in violation of 25-E DCMR §§ 200.3 and 614.2(g);

(k) Failing to use only single-use disposable sharps, gloves, and cleansing products in connection with cosmetic procedures in violation of 25-E DCMR § 200.4;

(l) Employing or allowing personnel under eighteen (18) years of age to provide facial hair threading, eyelash extension, eyebrow tinting, or similar personal grooming services in violation of 25-E DCMR § 200.5;

(m) Employing or allowing personnel to provide facial hair threading, eyelash extension, eyebrow tinting, or similar personal grooming services in a facility not regulated by the DCRA Board of Barber and Cosmetology without the required training or with expired training certifications in violation of 25-E DCMR § 200.6(a) and (b);

(n) Operating a facial hair threading, eyelash extension, eyebrow tinting, or similar personal grooming facility not regulated by the DCRA Board of Barber and Cosmetology without a trained person-in-charge who is on duty and on the premises during all hours of operation at each facility in violation of 25-E DCMR §§ 200.7 and 614.2(f);

(o) Operating without following procedures to prevent contamination from personnel in violation of 25-E DCMR §§ 200.8, and 201.2 through 201.4;

(p) Operating without following procedures to prevent contamination by not using single-use, multi-use, and disposable items in violation of 25-E DCMR §§ 200.8, and 202.1 through 202.6;

(q) Operating without following procedures to prevent contamination by not using disinfecting procedures in violation of 25-E DCMR §§ 200.8, and 203.1 through 203.14;

(r) Operating without following procedures to prevent contamination by not placing contaminated, reusable instruments or equipment in a labeled covered container containing an EPA-registered bactericidal, viricidal and fungicidal until cleaned and disinfected in accordance with the manufacturer’s instructions in violation of 25-E DCMR §§ 200.8, 203.2, 203.3, and 614.1(l);

(s) Operating a facility without EPA-registered disinfectants or evidence that an EPA-registered disinfectant is not being used properly to thoroughly clean implements and equipment after each client in violation of 25-E DCMR §§ 200.8, 203.5(a)-(d), 203.10(a), 203.14, 306.13, 502.3(b), 502.4, 502.5(a) and (b), 502.6(a)-(c), 502.7(a)-(c), 503.1(l), and 614.2(j);

(t) Failing to properly sterilize reusable implements, instruments, or equipment in accordance with manufacturer’s instructions in an FDA-listed sterilizer in violation of 25-E DCMR §§ 200.8, 203.8, and 203.10(a) and (b);

(u) Failing to follow procedures for the proper handling and disposal of biohazard and infectious waste in violation of 25-E DCMR §§ 200.8, 204.1, 204.2, and 204.3;

(v) Operating without following procedures to prevent contamination by not using disinfecting procedures in violation of 25-E DCMR §§ 200.8, and 203.11 through 203.14;

(w) Operating without following procedures to prevent contamination by not using disinfecting procedures in violation of 25-E DCMR §§ 200.8, 206.1 through 206.10, and 404.4(a) and (b);

(x) Operating without following procedures to ensure reusable instruments are cleaned by gloved personnel prior to sterilization in violation of 25-E DCMR §§ 200.8, and 207.1(a) and (b);

(y) Operating with serious flood damage that affects a barber, cosmetology, or personal grooming facility in violation of 25-E DCMR §§ 102.1(g)(3) and 614.1(b);

(z) Operating with an unapproved plumbing systems or plumbing system supplying potable water that may result in cross-connection contamination of the potable water system in violation of 25-E DCMR §§ 102.1(g)(3), 305.1(b) and (c), and 614.1(f);

(aa) Operating a barber, cosmetology, or personal grooming facility without hot water or incorrect hot water temperatures that cannot be corrected during the course of the inspection in violation of 25-E DCMR §§ 200.8, 206.3, 305.1(a), 306.1, 306.3, 306.5, 306.12, and 614.1(e);

(bb) Operating a barber, cosmetology, or personal grooming facility with no water, or an unplanned water outage, or insufficient water capacity in violation of 25-E DCMR §§ 305.1(e) and 614.1(d);

(cc) Operating a nail salon or nail workstations within a cosmetology or personal grooming facility that provides manicure and/or pedicure services without being equipped with an independent exhaust or mechanical ventilation system at the source capture system and recirculated into any space in violation with 25-E DCMR § 309.5, 309.6, and 309.7;

(dd) Operating a barber, cosmetology, or personal grooming facility with a heating, ventilating, or air conditioning system that does not prevent the make-up air intake or exhaust vents from contaminating environmental surfaces, single-use items, clean and disinfected linen, or reusable implements/instruments, or equipment in violation of 25-E DCMR § 310.1 and 310.2;

(ee) Operating a barber, cosmetology, or personal grooming facility with gross insanitary occurrence or condition that may endanger public health including but not limited to an infestation of vermin in violation of 25-E DCMR § 614.1(m);

(ff) Failing to minimize or eliminate the presence of insects, rodents, or other pests on the premises of a barber, cosmetology, or personal grooming facility premises in violation of 25-E DCMR §§ 403.4, 403.5, and 614.1(o);

and

(gg) Failing to allow access to Department representatives during the facility’s hours of operation and other reasonable times as determined by the Department or hindering, obstructing, or in any way interfering with any

inspector or authorized Department personnel in the performance of his or her duty in violation of 25-E DCMR §§ 609.1(a)-(d), 609.2, 609.3(a)-(c), and 614.2(i).

3624.3 Violations of any of the following provisions shall be a Class 3 infraction:

(a) Using ultraviolet (UV) light to disinfect or sterilize equipment or instruments in violation of 25-E DCMR §§ 200.8 and 203.4;

(b) Failing to individually pack sterilized non-single use, non-disposable instruments in peel packs in violation of 25-E DCMR §§ 200.8, and 203.7 (a)-(d);

(c) Operating without a written Infection Prevention and Exposure Control Plan in violation of 25-E DCMR §§ 200.8 and 205.1(a)-(g);

(d) Failing to maintain a procedural manual on the premises of a barber, cosmetology, or personal grooming facility at all times in violation of 25-E DCMR § 211.1 and 211.2;

(e) Failing to maintain required records for review by the Department upon request in violation of 25-E DCMR §§ 203.10(c), 205.3, 208.1(d), (e), and (f), 209.1, 212.5, 212.9, and 609.3(a)-(c);

(f) Failing to report a diagnosed infections or allergic reactions resulting from a cosmetic procedure to the Department within twenty-four (24) hours of its occurrence, knowledge of the occurrence, or customer generated complaint. in violation of 25-E DCMR § 212.2 and 212.3;

(g) Failing to maintain required records or log books containing the dates and times of all pedicure cleaning and disinfection which is kept in the pedicure area for review by the Department upon request in violation of 25-E DCMR § 502.8;

(h) Operating a barber, cosmetology, or personal grooming facility with mechanical and ventilation systems that are not properly designed, constructed, installed, or maintained in violation of 25-E DCMR §§ 102.1(g)(2), 308.2, 308.3, 308.4, 309.1 through 309.4, and 614.1(k);

(i) Operating a barber, cosmetology, or personal grooming facility with a cross-connection between the potable water and non-potable water distribution systems, including but not limited to landscape irrigation, air conditioning, heating, or fire suppression system in violation of 25-E DCMR § 614.1(h);

(j) Operating a barber, cosmetology, or personal grooming facility with a back siphonage event in violation of 25-E DCMR §§ 102.1(g)(3) and 614.1(i);

(k) Operating a barber, cosmetology, or personal grooming facility with a sewage backup or sewage that is not disposed of in an approved and sanitary manner in violation of 25-E DCMR §§ 102.1(g)(3), 305.1(b), and 614.1(g);

(l) Operating a facility in the absence of potable water supplied under pressure, in a quantity which, in the opinion of the Director of Health, is capable of meeting the needs of the facility in violation of 25-E DCMR §§ 102.1(g)(3), 305.1(a) and (e), 306.1, 306.3, and 614.2(k);

(m) Operating a barber, cosmetology, or personal grooming facility with toilet facilities or sinks that are not properly designed, constructed, installed, or maintained in violation of 25-E DCMR §§ 102.1(g)(3), 308.1, 400.1, and 614.1(j);

(n) Operating with extensive fire damage that affects a barber, cosmetology, or personal grooming facility in violation of 25-E DCMR §§ 102.1(g)(4) and 614.1(a);

(o) Operating with the loss of electrical power to the critical systems of a barber, cosmetology, or personal grooming facility in violation of 25-E DCMR §§ 102.1(g)(5) and 614.1(c);

(p) Operating a barber, cosmetology, or personal grooming facility without at least one (1) commercial service sink with hot and cold running water for custodial purposes only in violation of 25-E DCMR § 306.1 and 306.7;

(q) Failing to comply with § 306.1, 306.7, 306.9, and 306.13 in violation of 25-E DCMR § 306.14;

(r) Failing to comply with § 306.1, 306.7, 306.9, and 306.13 in violation of 25-E DCMR § 306.15(a) and (b);

(s) Operating a barber, cosmetology, or personal grooming facility without at least one (1) hand sink that is used for handwashing in violation of 25-E DCMR § 306.2;

(t) Failing to display gender-neutral signs on the door that read “Restroom,” or have a universally recognized picture/symbol indicating that persons of any gender may use each restroom in violation of 25-E DCMR § 307.1 and 307.2(a) and (b);

(u) Operating a nail salon or nail workstations within a, cosmetology, or personal grooming facility that provides manicure and/or pedicure services without an independent source capture system exhaust and mechanical ventilation system located at each nail station with an interlocking exhaust system and light switch that is fully operational when nail station activities are occurring in violation of 25-E DCMR § 309.6;

(v) Failing to provide toilet facilities that are conveniently located and accessible to personnel and staff without going outside the building during all hours of operation in violation of 25-E DCMR § 400.2;

(w) Failing to maintain toilet system in good repair in violation of 25-E DCMR § 400.3(a)-(c);

(x) Failing to maintain the premises of a barber, cosmetology, or personal grooming facility free of unnecessary items and litter in violation of §§ 402.1 through 402.6, 403.1, 403.2(a)-(c), 403.3, and 614.1(n);

(y) Operating a barber, cosmetology, or personal grooming facility with a pet or other live animal on the premises, except for fish tanks and service animals, in violation of 25-E DCMR §§ 403.6 and 614.1(p);

(z) Failing to hire a D.C. licensed pest exterminator/contractor in violation of 25-E DCMR § 404.1(a)–(c);

(aa) Failing to hire a D.C. licensed solid waste contractor in violation of 25-E DCMR § 404.2(a) and (b);

(bb) Failing to hire a D.C. licensed environmental Biohazard Waste Disposal Company in violation of 25-E DCMR § 404.3(a) and (b);

(cc) Failing to hire a D.C. licensed Linen Service Company in violation of 25-E DCMR § 404.4(a) and (b);

(dd) Serving food without a valid food establishment license approved by the Department of Health, except for foods and beverages specified in section 500.1, in violation of 25-E DCMR § 500.2;

(ee) Providing barbering, cosmetology, or personal grooming services without required supplies in sufficient quantities and required standard equipment in violation of 25-E DCMR § 500.3(a)–(z);

(ff) Providing barbering services without required supplies and standard equipment in violation of 25-E DCMR § 501.1, 501.2, 501.3, 501.4, and 501.5(a)-(g);

(gg) Providing manicuring and pedicuring services without required supplies and safety equipment in accordance with the U.S. Occupational Safety and Health Administration (OSHA) respiratory protection program requirements standard equipment in violation of 25-E DCMR § 502.1 through 502.8;

(hh) Providing electrology services without required supplies and standard equipment in violation of 25-E DCMR § 503.1(a)–(x); and

(ii) Providing facial hair threading, eyelash extensions, eyebrow tinting, and similar trending cosmetology services without required supplies and standard equipment in violation of 25-E DCMR § 504.1 and 504.2(a)-(k).

3624.4 Violations of any provision of the Barber, Cosmetology, and Personal Grooming Facilities Regulations in Title 25-E of the DCMR not cited in this Schedule of Fines shall be Class 4 Infractions.

History

SOURCE: Final Rulemaking published at 52 DCR 5044 (May 27, 2005); as amended by Final Rulemaking published at 69 DCR 014487 (November 25, 2022). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3624

16 DCMR § 3625 MASSAGE ESTABLISHMENT AND HEALTH SPA FACILITY INFRACTIONS

3625.1 Violation of the following provisions shall be a Class 1 infraction:

(a) 25 DCMR D 1306.2 (1) – Operating a massage establishment or health spa facility without a required license in violation of 25 DCMR D1200.1;

(b) 25 DCMR D 1200.1 – Operating a massage establishment or health spa facility with a suspended license;

(c) 25 DCMR D 1306.2 (3) – Operating a massage establishment or health spa facility without a valid Certificate of Occupancy;

(d) 25 DCMR D 1306.2 (4) – Operating a massage establishment or health spa facility for an illegal clandestine drug laboratory or related activities;

(e) 25 DCMR D 1306.2 (5) – Operating a massage establishment or health spa facility for prostitution;

(f) 25 DCMR D 1306.2 (6) – Failure of licensee to employ a massage therapist who is licensed in the District in violation of 25 DCMR D 200.1;

(g) 25 DCMR D 1306.2 (7) – Failure of licensee to employ a manager of a massage establishment or health spa facility who is on the premises during all hours of operation in violation of 25 DCMR D 200.2;

(h) 25 DCMR D 1306.2 (8) – Failure of licensee to employ a massage therapist who is on the premises during all hours of operation in violation of 25 DCMR D 200.3;

(i) 25 DCMR D 1306.2 (9) – Operating a massage establishment or health spa facility with six (6) or more critical violations that cannot be corrected on site during the course of the inspection;

(j) 25 DCMR D 1306.2 (10) – Failing to allow access to DOH representatives during the massage establishment or health spa facility’s hours of operation and other reasonable times as determined by DOH in violation of 25 DCMR D 1300.4;

(k) 25 DCMR D 1306.2 (11) – Hindering, obstructing, or in any way interfering with any inspector or authorized DOH personnel in the performance of his or her duty; or

(l) 25 DCMR D 1306.3 – Operating in violation of any provision specified in 25 DCMR D 1700, 1701, or 1702.

3635.2 Reserved

3625.3 Violation of the following provisions shall be a Class 3 infraction:

(a) 25 DCMR D 1306.2(2) – Operating a massage establishment or health spa facility with an expired license in violation of 25 DCMR D1200.1;

(b) 25 DCMR D 1306.1(a) – Operating with extensive fire damage that affects the massage establishment or health spa facility’s ability to comply with these regulations;

(c) 25 DCMR D 1306.1(b) – Operating with serious flood damage that affects the massage establishment or health spa facility’s ability to comply with these regulations;

(d) 25 DCMR D 1306.1(c) – Operating with loss of electrical power to critical systems, including but not limited to lighting, heating, cooling, or ventilation controls for a period of two (2) or more hours;

(e) 25 DCMR D 1306.1(d) – Operating with no hot water, or an unplanned water outage, or the water supply is cut off in its entirety for a period of one (1) or more hours in violation of 25 DCMR D 605, 606, and 702.1;

(f) 25 DCMR D 1306.1(e) – Operating with inadequate water pressure to any part of the massage establishment or health spa facility;

(g) 25 DCMR D 1306.1(f) – Operating with insufficient water capacity to any part of the massage establishment or health spa facility;

(h) 25 DCMR D 1306.1(g) – Use of a water supply that is not approved by the Department;

(i) 25 DCMR D 1306.1(h) – Operating with a defect or condition that exists in the plumbing system supplying potable water that may result in the contamination of the water;

(j) 25 DCMR D 1306.1(i) – Operating with a sewage backup or sewage that is not disposed of in an approved and sanitary manner;

(k) 25 DCMR D 1306.1(j) – Operating with a cross-connection between the potable water and non-potable water distribution systems, including but not limited to landscape irrigation, air conditioning, heating, and/or fire suppression system;

(l) 25 DCMR D 1306.1(k) – Operating with a back siphonage event;

(m) 25 DCMR D 1306.1(l) – Operating with toilet and/or handwashing facilities that are not properly installed;

(n) 25 DCMR D 1306.1(m) – Operating with the presence of toxic or noxious gases, vapors, fumes, mists, or particulates in concentrations immediately dangerous to life or health, or in concentrations sufficient to cause an environmental disease or public nuisance;

(o) 25 DCMR D 1306.1(n) – Operating with the presence of any unapproved pesticide residues in the interior building areas of a massage establishment or health spa facility, in food storage or service areas contained within the massage establishment or health spa facility, or in the presence of any food in the establishment; or in the presence of excessive restricted-use pesticide in any outdoor area of a massage establishment; or any evidence of the indiscriminate use of a pesticide or herbicide which may be injurious to the health of humans;

(p) 25 DCMR D 1306.1(o) – Operating with the presence of any disease-causing organism in water exposed to the atmosphere which has caused or is likely to cause an environmental disease in the massage establishment or health spa facility;

(q) 25 DCMR D 1306.1(p) – Operating with equipment that by condition, design, construction, or use poses an immediate risk of entrapment, fall, puncture, pinch, crush, trip, or other cause of injury;

(r) 25 DCMR D 1306.1(q) – Operating with environmental surfaces, including but not limited to equipment, furnishings, beds, mattresses, mats, massage tables, pillows, linens, robes, garments, chairs, or other items within any room of a massage establishment or health spa facility that are stained with blood or bodily fluids, or soiled; or infested with vermin; or are in an otherwise unsanitary condition;

(s) 25 DCMR D 1306.1(r) – Operating with any unmitigated biohazardous event that simultaneously involves more than one (1) customer, massage therapy room or a public area exceeding two hundred square feet (200 sq. ft.);

(t) 25 DCMR D 1306.1(s) – Operating with a gross insanitary occurrence or condition that may endanger public health including but not limited to an infestation of vermin;

(u) 25 DCMR D 1306.1(t) – Operating with incorrect hot water temperatures that cannot be corrected during the course of the inspection in violation of 25 DCMR D 702.1;

(v) 25 DCMR D 1306.1(u) – Operating with the presence and use of any used bedding which has not been sterilized or disinfected in violation of D.C. Official Code § 8-502(4), including the presence or use of any used bedding discarded and then recovered from a dumpster, trash room, alleyway, landfill, dump, junkyard, or hospital; or

(w) 25 DCMR D 1306.1(v) – Failing to minimize the presence of insects, rodents, or other pests on the premises in violation of 25 DCMR D 821 (a) through (d).

3625.4 Violation of any provision of the District of Columbia Massage Establishment and Health Spa Facility Regulations (25 DCMR, Subtitle D) which is not cited elsewhere in this section shall be a Class 4 infraction.

History

SOURCE: Final Rulemaking published at 52 DCR 5045 (May 27, 2005); as amended by Final Rulemaking published at 57 DCR 2626 (March 26, 2010).

16 DCMR § 3626 TANNING FACILITY INFRACTIONS

3626.1 Reserved

3626.2 Violations of the following provisions shall be a Class 2 infraction:

(a) Operating with extensive fire damage that affects the tanning facility’s ability to comply with these regulations;

(b) Operating with serious flood damage that affects the tanning facility’s ability to comply with these regulations;

(c) Operating with loss of electrical power to critical systems, including but not limited to lighting, heating, cooling, or ventilation controls for a period of two (2) or more hours;

(d) Operating with incorrect hot water temperatures that cannot be corrected during the course of the inspection in violation of Section 502.1;

(e) Operating with no hot water, or an unplanned water outage, or the water supply is cut off in its entirety for a period of one (1) or more hours in violation of Sections 412.2 and 502.1;

(f) Operating with a plumbing system supplying potable water that may result in contamination of the potable water;

(g) Operating with a sewage backup or sewage that is not disposed of in an approved and sanitary manner;

(h) Operating with a cross-connection between the potable water and non-potable water distribution systems, including but not limited to landscape irrigation, air conditioning, heating, or fire suppression system;

(i) Operating with a back siphonage event;

(j) Operating with toilet or handwashing facilities that are not properly installed;

(k) Operating with the presence of toxic or noxious gases, vapors, fumes, mists or particulates in concentrations immediately dangerous to life or health, or in concentrations sufficient to cause an environmental disease or public nuisance;

(l) Operating with the presence of any unapproved pesticide residues in the interior building areas of a tanning facility, in food storage or service areas contained within the tanning facility, or in the presence of any food in the facility; or in the presence of excessive restricted-use pesticide in any outdoor area of a tanning facility; or any evidence of the indiscriminate use of a pesticide or herbicide which may be injurious to the health of humans;

(m) Operating with equipment that by condition, design, construction, or use poses an immediate risk of entrapment, fall, puncture, pinch, crush, trip, or other injuries;

(n) Operating with environmental surfaces, including but not limited to tanning beds, stand-up tanning booths, cabinets, or vertical tanning devices, supplies, pillows, linens, garments, other items within a tanning facility that are stained with blood or bodily fluids, or soiled; or infested with vermin; or are in an otherwise unsanitary condition;

(o) Operating with gross insanitary occurrence or condition that may endanger public health including but not limited to an infestation of vermin;

(p) Failing to eliminate the presence of insects, rodents, or other pests on the premises in violation of Sections 612 or 613;

(q) Operating a tanning facility without a license in violation of Section 800.1;

(r) Operating a tanning facility with an expired license in violation of Section 800.2;

(s) Operating a tanning facility with a suspended license in violation of Section 800.2;

(t) Operating a tanning facility without a valid Certificate of Occupancy in violation of Section 800.3;

(u) Selling, leasing, transferring, loaning, assembling, certifying, recertifying, upgrading, installing, servicing, or repairing tanning equipment or devices without a valid tanning service provider registration in violation of Section 800.4;

(v) Furnishing or offer to furnish tanning equipment, devices, or associated components, such as bulbs and filters, in the District without a valid tanning service provider registration issued by the Mayor in violation of Section 800.5;

(w) Using a tanning service provider company that is not registered in the District in violation of Section 800.6;

(x) Operating a tanning facility in the District without obtaining a valid District-issued Tanning Facility Manager Identification Card issued by the Department in violation of Section 800.7;

(y) Operating a tanning facility without required warning statements in violation of Section 804.4;

(z) Operating a tanning facility without a manager or operator who is on duty and on the premises during all hours of operation in violation of Section 200.2;

(aa) Failing to allow access to DOH representatives during the facility’s hours of operation and other reasonable times as determined by the Department in violation of Section 900.2;

(bb) Hindering, obstructing, or in any way interfering with any inspector or authorized Department personnel in the performance of his or her duty; and

(cc) Operating in violation of any provision specified in Chapter 12.

3626.3 Violations of any of the following provisions in Chapter 2 (Supervision and Training) of Subtitle F, Title 25 of the DCMR shall be a Class 3 infraction:

(a) Allowing more than one (1) customer in a tanning room at a time in violation the authorized exceptions in Section 201.2;

(b) Maintaining the interior temperature of the tanning facility in excess of one hundred degrees Fahrenheit (100 °F) (thirty-eight degrees Celsius (38 °C)) at any time in violation of Section 201.3;

(d) Failing to set timers on ultraviolet tanning equipment or devices within plus or minus ten percent (± 10%) of any selected time interval in violation of Section 201.7;

(e) Maintaining timer at a remote location so that customers cannot set their own exposure time in violation of Section 201.7;

(f) Failing to limit the maximum exposure time on ultraviolet tanning equipment or devices recommended by the manufacturer in violation of Section 201.8;

(g) Failing to provide a copy of the “Warning Statement” identified in Section 302.4 to customers during their initial visit, and annually in violation of Sections 201.9, 300.6(a), and 300.7(a);

(h) Failing to require customers’ review, sign and date the required Acknowledgment before using the facility’s tanning equipment or devices in violation of Section 201.10;

(i) Failing to obtain a signed and dated “Parental/Legal Guardian Authorization Form” provided to them by the facility before a minor’s use of the facility’s tanning equipment or devices as specified in Section 201.11; and

(j) Failing to have staff read to the “Warning Statement” and “Parental/Legal Guardian Authorization Form” to customers who are illiterate, or visually impaired prior to the customer’s use or a customer’s minor child’s use of the facility’s tanning equipment or devices in violation of Section 201.12.

3626.4 Violations of any of the following provisions in Chapter 3 (Standard Policies & Operating Procedures and Recordkeeping) of Subtitle F, Title 25 of the DCMR shall be a Class 3 infraction:

(a) Failing to prohibit minors younger than fourteen (14) years of age from using ultraviolet tanning equipment or devices in violation of Section 300.4;

(b) Failing to prohibit minors between fourteen (14) and seventeen (17) years of age from using ultraviolet tanning equipment or devices without a valid “Parental/Legal Guardian Authorization Form” on file in violation of Section 300.5;

(c) Failing to require a minor’s parent or legal guardian to sign and date the “Parental/Legal Guardian Authorization Form” in the presence of the tanning facility operator in violation of Sections 300.6(b) and 300.7(b);

(d) Failing to require a parent or legal guardian accompany a minor when using the facility’s tanning equipment or devices in violation of Section 300.7(c);

(e) Permitting an infant or other minor in a tanning area being used by a parent or legal guardian in violation of Section 300.8;

(f) Failing to post the required Age Restriction Sign at or near the reception area in violation of Section 301.1;

(g) Failing to post the required warning sign with capital letters at least five millimeters (5 mm) high and all lower case letters at least three millimeters (3 mm) high in violation of Section 302.4;

(h) Failing to maintain a procedural manual with required contents at the tanning facility which is available at all times to operators and the Department during inspections in violation of Sections 303.1 and 303.2; and

(i) Failing to maintain customer files, maintenance records, and Incident Logs in violation of Sections 303.3, 303.4, 303.5, 304, 305, and 306.

3626.5 Violations of any of the following provisions in Chapter 4 (Construction, Sanitation & Maintenance, Prevention of Contamination, and Water Source, Quality and Capacity) of Subtitle F, Title 25 of the DCMR shall be a Class 3 infraction:

(a) Failing to use only tanning equipment and devices that comply with the District’s Tanning Facility Regulations and all applicable District and Federal laws and regulations, including those promulgated by the Federal Trade Commission and the United States Food and Drug Administration in violation of Section 400.1, 400.2, and 400.3;

(b) Providing tanning equipment and devices without ground fault protection on the electrical circuit, or other methods for preventing shock in violation of Section 400.2;

(c) Failing to provide an emergency shut-off mechanism on tanning equipment and devices to allow the consumer to manually terminate radiation emission at any time without disconnecting the electrical plug or removing any ultraviolet lamp in violation of Section 400.4;

(d) Providing tanning equipment and devices without physical barriers to protect consumers from injury induced by touching or breaking the lamps in violation of Section 400.6;

(e) Failing to prevent line-of-sight, accidental ultraviolet radiation exposure of persons not using the tanning equipment or devices with the required physical barriers in violation of Section 400.7;

(f) Failing to have compliant protective eyewear for consumers desiring to use tanning equipment or devices but who do not have their own in violation of Section 401.1;

(g) Permitting a consumer who has refused to accept compliant protective eyewear offered by the licensee when he or she does not have his or her own or who has vocalized a refusal to use compliant protective eyewear offered by the licensee or his or her own compliant protective eyewear to use any tanning equipment in violation of Section 401.2;

(h) Possessing protective eyewear that does not meet FDA requirements stated in 21 C.F.R. § 1040.20(c)(4) (Sunlamp products and ultraviolet lamps intended for use in sunlamp products, Protective eyewear) in violation of Section 401.3;

(i) Failing to provide tanning equipment and devices with timers that comply with the requirements of 21 C.F.R. § 1040.20(c)(2) (Sunlamp products and ultraviolet lamps intended for use in sunlamp products, Timer system in violation of Section 402.1;

(j) Providing tanning equipment and devices with timers that exceed manufacturer’s recommended exposure schedule or that exceed plus or minus ten percent (± 10%) of the maximum timer interval for the product in violation of Sections 402.2 and 402.3;

(k) Providing tanning equipment and devices with timers that automatically reset and cause radiation emission to resume for a period greater than the unused portion of the timer cycle when emission from the tanning device has been terminated in violation of Section 402.4;

(l) Failing to provide an override timer control outside of the room in which tanning equipment or device is located in violation of Section 402.5;

(m) Operating a new tanning facility without remote timers installed in violation of Section 402.8;

(n) Permitting the operation of a remote timer by staff that is not trained in violation of Section 402.6;

(o) Permitting consumers to set or reset their own exposure time with the convenient location of the remote timer in violation of Section 402.6;

(p) Failing to install remote timer control system on existing tanning equipment or devices not equipped with a remote timer control system within one (1) year of the effective date of the Tanning Facility Regulations in violation of Section 402.9;

(q) Providing stand-up tanning booths without physical barriers or other means compliant with 21 C.F.R. § 1040.20 (Sunlamp products and ultraviolet lamps intended for use in sunlamp products, such as floor markings, to indicate the manufacturer’s recommended exposure distance between the ultraviolet lamps and the consumer’s skin) in violation of Section 403.1;

(r) Failing to maintain temperatures inside of enclosed tanning booths or cabinets or vertical tanning devices below one hundred degrees Fahrenheit (100 ºF) (thirty-eight degrees Celsius (38 ºC)) in violation of Section 403.2;

(s) Failing to construct stand-up tanning booths or cabinets or vertical tanning devices to withstand the stress of use and the impact of a failing person in violation of Section 403.3;

(t) Failing to construct stand-up tanning booths or cabinets or vertical tanning devices with doors that are non-locking, and that open outwardly in violation of Section 403.4;

(u) Failing to construct stand-up tanning booths or cabinets or vertical tanning devices with non-slip floors that are easily clean and sanitized in violation of Sections 403.5, 403.6, and 403.7;

(v) Failing to maintain stand-up tanning booths or cabinets or vertical tanning devices in good condition in violation of Section 403.8;

(w) Making, selling, leasing, transferring, lending, repairing, assembling, recertifying, upgrading, or installing tanning equipment, devices, or lamps, or providing supplies used in connection with such equipment, devices or lamps that properly installed and used do not meet the requirements specified in Sections 405, 406, 407, and 408 in violation of Section 404.1;

(x) Failing to shield ultraviolet lamp contained within a sunlamp with two (2) one-piece covers (top and bottom) without cracks or breaks in the acrylic surfaces to prevent contact with the user in violation of Section 405.1;

(y) Failing to use only replacement lamps certified by the FDA as “equivalent” lamps in compliance with 21 C.F.R. § 1040.20 (Sunlamp products and ultraviolet lamps intended for use in sunlamp products, and shall be in the form of user instructions) in violation of Section 406.1;

(z) Using tanning equipment or devices with defective lamps or filters in violation of Section 406.3;

(aa) Failing to replace ultraviolet lamps, bulbs or filters as recommended by the manufacturer or as soon as they become defective or damaged in violation of Section 406.5;

(bb) Failing to use only lamps, bulbs, or filters that meet the requirements of the FDA for a particular tanning bed may be used in tanning facilities in violation of Section 406.6;

(cc) Failing to maintain tanning equipment and devices in good condition or sanitized tanning equipment and devices after each use in violation of Sections 201.4, 407.1, 408.1, 408.2, and 408.3;

(dd) Failing to perform quarterly maintenance tests on each assembly of tanning equipment or device, and document in writing timer calibrations and consumers ability to manually terminate radiation emissions in violation of Sections 407.2, 407.3, and 407.4;

(ee) Failing to measure the strength of the sanitizing solution at least twice per day of tanning facility operation to ensure sufficient strength of the sanitizing solution in violation of Section 408.4;

(ff) Failing to maintain adequate supplies for cleaning and sanitizing of all tanning equipment and devices in violation of Section 408.5;

(gg) Operating with a water supply that is not approved by the Department in violation of Section 409;

(hh) Operating with insufficient water capacity to meet the water demands of the tanning facility in violation of Section 412.1; and

(ii) Operating with insufficient hot water capacity to meet the peak hot water demands throughout the tanning facility in violation of Section 412.2.

3626.6 Violations of the District’s Tanning Facility Regulations in Subtitle F, Title 25 of the DCMR, which are not cited elsewhere in Section 3626 shall be deemed Class 4 infractions.

History

SOURCE: Final Rulemaking published at 52 DCR 5045 (May 27, 2005); as amended by Final Rulemaking published at 60 DCR 14797 (October 18, 2013).

16 DCMR § 3627 BODY ART ESTABLISHMENT INFRACTIONS

3627.1 [RESERVED]

3627.2 Violations of any of the following provisions shall be a Class 2 Infraction:

(a) Operating a body art establishment or performing body art procedures in a body art establishment without a valid body art establishment license issued by the Mayor in violation of 25-G DCMR §§ 600.1 and 706.2(a);

(b) Employing or permitting a body artist to perform body art procedures in a body art establishment without a valid body artist license issued by the Mayor in violation of 25-G DCMR §§ 600.2 and 706.2(b);

(c) Operating a body art establishment without a valid Certificate of Occupancy in violation of 25-G DCMR §§ 600.5 and 706.2(e);

(d) Failing to use only single-use disposable sharps, pigments, gloves, and cleansing products in connection with body art procedures in violation of 25-G DCMR § 200.5;

(e) Performing a body art procedure on a customer who is under eighteen (18) years of age in violation of 25-G DCMR §§ 201.1, 706.2(j), and 708.2;

(f) Using an ear-piercing gun to pierce the ear of a minor who is not accompanied by a parent or guardian and without obtaining a signed “Parental/Legal Guardian Authorization Form” from the accompanying parent or guardian as specified in 25-G DCMR § 201.3(b), in violation of 25-G DCMR §§ 201.2, 706.2(j), and 708.3;

(g) Operating a body art establishment without posting required signage in violation of 25-G DCMR §§ 201.3, 202.3, and 607.4;

(h) Using inks and pigments that are not specifically manufactured for performing body art procedures in accordance with manufacturer’s instructions in violation of 25-G DCMR § 300.2;

(i) Failing to calibrate all sterilization equipment by an independent laboratory and maintain records of the calibrations on the premises for inspection by the Department for three (3) years in violation of 25-G DCMR § 311.1;

(j) Failing to allow access to Department representatives during the facility’s hours of operation and other reasonable times as determined by the Department; or hindering, obstructing, or in any way interfering with any inspector or authorized Department personnel in the performance of his or her duty in violation of 25-G DCMR §§ 700.2 and 706.2(i); or

(k) Operating a body art establishment in violation of a Notice of Closure/Summary Suspension, Revocation, Suspension, Warnings, or other directives issued by the Department as specified in 25-G DCMR §§ 707, 712.3, 802.1, 805.1, 807.1, 811, and 812.

3627.3 Violations of any of the following provisions shall be a Class 3 Infraction:

(a) Operating a body art establishment without a manager who is on duty and on the premises during all hours of operation in violation of 25-G DCMR §§ 200.2 and 706.2(g);

(b) Operating a body art establishment without a body artist who is on duty and on the premises during all hours of operation in violation of 25-G DCMR §§ 200.3 and 706.2(h);

(c) Performing a body art procedure using jewelry made of inappropriate materials in violation of 25-G DCMR §§ 203.1(a) – (f);

(d) Performing a body art procedure using jewelry that has nicks, scratches, or irregular surfaces and that is not properly sterilized prior to use in violation of 25-G DCMR § 203.2;

(e) Failing to open in front of the customer all equipment and supplies, including but not limited to distilled water, inks, pigments, and all packages containing sterile instruments, pre-sterilized, single-use jewelry, and pre-sterilized, single-use disposable items in violation of 25-G DCMR § 203.3;

(f) Failing to provide a customer with “Aftercare Instructions” after each body art procedure in violation of 25-G DCMR § 204;

(g) Failing to report a diagnosed infection, allergic reaction, or adverse reaction resulting from a body art procedure within five (5) business days of its occurrence or knowledge thereof to the Department as specified in 25-G DCMR § 204.3(e) in violation of 25-G DCMR § 316.2;

(h) Failing to use only distilled water to mix and dilute inks or pigments and not tap water in violation of 25-G DCMR § 300.1;

(i) Operating without following procedures to prevent cross-contamination in violation of 25-G DCMR §§ 302.1 through 302.7;

(j) Operating without following procedures to prevent cross-contamination from customers in violation of 25-G DCMR §§ 303.1(a) through (e);

(k) Failing to ensure that contaminated, reusable instruments are placed in a labeled covered container which contains a disinfectant solution such as two percent (2.0%) alkaline glutaraldehyde or similar disinfectant until it can be cleaned and sterilized, in violation of 25-G DCMR § 304.5;

(l) Operating without following procedures in violation of 25-G DCMR §§ 304.10(a) though (d) and §§ 309.1(a) through (c);

(m) Operating without sterilizing reusable instruments in an FDA validated medical sterilizer in accordance with manufacturer instructions in violation of 25-G DCMR § 304.13;

(n) Operating without a working sterilizer or appropriate cleansing equipment, such as a working ultrasonic cleaner in violation of 25-G DCMR § 304.15;

(o) Operating without following procedures to prevent contamination by not using single-use marking instruments and stencils in violation of 25-G DCMR §§ 305.1 through 305.5;

(p) Operating without following procedures to prevent contamination by not using pre-sterilized, single-use jewelry in violation of 25-G DCMR §§ 306.1 and 306.2;

(q) Failing to follow procedures for the proper handling and disposal of biohazard and infectious waste in violation of 25-G DCMR §§ 307.1 and 307.2;

(r) Operating without a written Infection Prevention and Exposure Control Plan in violation of 25-G DCMR § 308.1;

(s) Operating without following procedures to ensure reusable instruments are cleaned by gloved personnel prior to sterilization in violation of 25-G DCMR §§ 309.1(a) through (c);

(t) Failing to load, operate, decontaminate, and maintain sterilizers according to manufacturer’s instructions, or using equipment not manufactured for the sterilization of medical instruments in violation of 25-G DCMR § 310.1;

(u) Operating with sterilization equipment not tested using a commercial biological indicator monitoring system in violation of 25-G DCMR §§ 310.2 and 310.4;

(v) Failing to maintain a daily written log of each sterilization cycle on the premises for three (3) years for inspection by the Department in violation of 25-G DCMR § 310.5 and §§ 310.6(a) through (e);

(w) Failing to follow procedures when operating without access to a decontamination and sterilization area that is in compliance with these regulations or without sterilization equipment in violation of 25-G DCMR § 312.1;

(x) Failing to maintain a procedural manual at the establishment that is available at all times to operators and the Department for inspection in violation of 25-G DCMR § 313.1;

(y) Failing to maintain a Personnel Manual in violation of 25-G DCMR §§ 313.2(a) through (e);

(z) Failing to maintain documentation on the premises for disclosure to customers upon request in violation of 25-G DCMR §§ 314.1(a) through (c);

(aa) Failing to maintain all records at the establishment for review by the Department upon request in violation of 25-G DCMR § 315.1;

(bb) Operating with no water, or insufficient water capacity, or inadequate water pressure to any part of the body art establishment in violation of 25-G DCMR §§ 403.1(a) and 706.1(d);

(cc) Operating with no hot water, or an unplanned water outage, or the water supply is cut off in its entirety for a period of one (1) or more hours in violation of 25-G DCMR §§ 403.1(b) and 706.1(e);

(dd) Operating with toilet or handwashing facilities that are not properly designed, constructed, installed, or maintained in violation of 25-G DCMR §§ 403, 404, 405, and 706.1(k);

(ee) Operating with incorrect hot water temperatures that cannot be corrected during the course of the inspection in violation of 25-G DCMR §§ 404.1 and 706.1(f);

(ff) Operating without a D.C. licensed exterminator service contract in violation of 25-G DCMR §§ 508.1(a) through (c);

(gg) Operating without a D.C. licensed solid waste service contract in violation of 25-G DCMR §§ 508.2(a) and (b);

(hh) Operating without a D.C. licensed environmental biohazard waste disposal service contract in violation of 25-G DCMR §§ 508.3(a) and (b);

(ii) Operating with animals in the body art procedure areas, decontamination or sterilization areas, or storage areas, except for service animals, in violation of 25-G DCMR §§ 509.1 and 509.2;

(jj) Operating a body art establishment with an expired or suspended body art establishment license in violation of 25-G DCMR §§ 600.3 and 706.2(c);

(kk) Employing a body artist who is performing body art procedures with an expired or suspended body artist license in violation of 25-G DCMR §§ 600.4 and 706.2(d);

(ll) Operating with extensive fire damage that affects the body art establishment’s ability to comply with these regulations in violation of 25-G DCMR § 706.1(a);

(mm) Operating with serious flood damage that affects the body art establishment’s ability to comply with these regulations in violation of 25-G DCMR § 706.1(b);

(nn) Operating with loss of electrical power to critical systems, including but not limited to lighting, heating, cooling, or ventilation controls for a period of two (2) or more hours in violation of 25-G DCMR § 706.1(c);

(oo) Operating with a plumbing system supplying potable water that may result in contaminated of the potable water in violation of 25-G DCMR § 706.1(g);

(pp) Operating with a sewage backup or sewage that is not disposed of in an approved and sanitary manner in violation of 25-G DCMR § 706.1(h);

(qq) Operating with a cross-connection between the potable water and non-potable water distribution systems, including but not limited to landscape irrigation, air conditioning, heating, or fire suppression system in violation of 25-G DCMR § 706.1(i);

(rr) Operating with a backflow siphonage event in violation of 25-G DCMR § 706.1(j);

(ss) Operating with work surfaces, including but not limited to workstations, solid surfaces and objects in the procedure and decontamination areas within a body art establishment that are stained with blood or bodily fluids, or soiled; or infested with vermin; or are in an otherwise unsanitary condition violation of 25-G DCMR § 706.1(l);

(tt) Operating with gross insanitary occurrence or condition that may endanger public health including but not limited to an infestation of vermin violation of 25-G DCMR § 706.1(m); or

(uu) Failing to eliminate the presence of insects, rodents, or other pests on the premises in violation of 25-G DCMR §§ 507.3 and 706.1(n).

3627.4 Violations of any of the following provisions in 25-G DCMR § 708 shall be a Class 3 Infraction:

(a) Permitting a person to perform or offer to perform body art procedures, use any words or letters, figures, titles, signs, cards, advertisement, or any other symbols or devices indicating or tending to indicate that the person is authorized to perform such services, or use other letters or titles in connection with that person’s name which in any way represents himself or herself as being engaged in the practice of body art, or authorized to do so, unless the person is licensed by and registered with the Mayor to perform body art procedures in the District of Columbia, in violation of 25-G DCMR §§ 706.2(j) and 708.1;

(b) Allowing a body art procedure to be performed when the customer is unable to exercise reasonable care and safety or is otherwise impaired by reason of illness, under the influence of alcohol, or using any controlled substance or narcotic drug as defined in 21 USC § 802(6) or (17), respectively, or other drug in excess of therapeutic amounts or without valid medical indication, or any combination thereof in violation of 25-G DCMR §§ 706.2(j) and 708.4;

(c) Tattooing or piecing anyone at any location in the establishment other than in a designated work area in violation of 25-G DCMR §§ 706.2(j) and 708.5;

(d) Allowing any customer to perform their own tattoo, piercing, or insertions anywhere on the premises in violation of 25-G DCMR §§ 706.2(j) and 708.6;

(e) Allowing any food, drink, tobacco product, or personal effects to contaminate a procedural area in violation of 25-G DCMR §§ 706.2(j) and 708.7;

(f) Eating or drinking while performing a procedure; failing to stop a procedure and protect the procedure site from contamination if a customer request to eat, drink, or smoke; and/or failing to ensure that a customer leaves the procedure area to smoke in violation of 25-G DCMR §§ 706.2(j) and 708.8;

(g) Failing to ensure that the body artist and the customer wear appropriate protective face filter masks during a branding procedure in violation of 25-G DCMR §§ 706.2(j) and 708.9; or

(h) Performing body art procedures on animals in a body art establishment in violation of 25-G DCMR §§ 706.2(j) and 708.10.

3627.5 Violations of any provision of the District’s Body Art Establishment Regulations (Subtitle G, Title 25 of the DCMR), which is not cited elsewhere in this section shall be a Class 4 infraction.

History

SOURCE: Final Rulemaking published at 52 DCR 5045 (May 27, 2005); as amended by Final Rulemaking published at 67 DCR 1225 (February 7, 2020). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3627

16 DCMR § 3628 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5045 (May 27, 2005).

16 DCMR § 3629 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5045 (May 27, 2005).

16 DCMR § 3630 VECTOR CONTROL AND ANIMAL DISEASE PREVENTION INFRACTIONS

3630.1 Violation of any of the following shall be a Class 1 infraction:

(a) Section 3(a)(1) of the Vector-Borne Infectious Diseases Control Act of 2004 (D.C. Official Code § 8-2131.02(a)(1)) (causing or allowing the open dumping of any tire);

(b) Section 3(a)(2) of the Vector-Borne Infectious Diseases Control Act of 2004 (D.C. Official Code § 8-2131.02(a)(2)) (causing or allowing the open burning of any tire);

(c) Section 3(a)(4) of the Vector-Borne Infectious Diseases Control Act of 2004 (D.C. Official Code § 8-2131.02(a)(4)) (causing or allowing a tire to be used in playground equipment unless the tire is altered to prevent the tire from accumulating water); or

(d) Section 6(b) of the Vector-Borne Infectious Diseases Control Act of 2004 (D.C. Official Code § 8-2131.05(b) (failure to abate a public health nuisance within the time specified in an order issued under section 6(a) of the Act, D.C. Official Code § 8-2131.05(a)).

3630.2 Violation of Section 3(a)(3) of the Vector-Borne Infectious Diseases Control Act of 2004 (D.C. Official Code § 8-2131.02(a)(3)) (causing or allowing the storage of any tire unless the owner or operator of the property where the tire is stored takes measures to prevent the tire from accumulating water by covering or altering the tire) shall be a Class 2 infraction.

3630.3 Violation of Section 3(b)(1) of the Vector-Borne Infectious Diseases Control Act of 2004 (D.C. Official Code § 8-2131.02(b)(1) (failure to takes preventive measures to prevent the breeding or harborage of vectors in water bearing containers, standing water, swimming pools and open waters used for bathing or swimming as specified in § 8-2131.02(b)(1) through (b)(4)) shall be a Class 3 infraction.

History

SOURCE: Final Rulemaking published at 52 DCR 5045 (May 27, 2005); as amended at 53 DCR 9007 (November 3, 2006); as amended by an Errata Notice published at 59 DCR 5192 (May 18, 2012).

16 DCMR § 3631 Public Health Nuisances and Rodent Control INFRACTIONS

3631.1 Violations of any of the following provisions shall be a Class 3 Infraction:

(a) Failing to submit required documentation to the Department in violation of 25-I DCMR §§ 207.4(a)(1) through (3);

(b) Failing to comply with a Notice to Abate Violation or other directives issued by the Department to cleanup or remove environmental conditions on private property, residential and commercial property as specified in 25-I DCMR §§ 204.1(b) and (c), and § 204.2;

(c) Failing to comply with a Notice to Abate Violation or other directives issued by the Department to cleanup or remove environmental conditions, or reduce or eliminate rodent activity or rodent harborage conditions on multi-residential properties, or apartment buildings consisting of four (4) or more units, or commercial properties as specified in 25-I DCMR §§ 206.1(b) and (c), and § 206.2;

(d) Failing to obtain Department of Health’s Approval for the Issuance of a DCRA Raze Permit in violation of 25-I DCMR § 207.7;

(e) Failing to maintain a record of all completed corrective actions in violation of 25-I DCMR § 207.8;

(f) Failing to comply with directives issued by the Mayor or his or her designated agent for the demolition or removal of an insanitary or unsafe building, or part thereof, other than a fence or shed in violation of 25-I DCMR § 207.9; or

(g) Failure of a property owner or his agent or representative and the lessee or occupant of any such vessel, premises, grounds, structure, or building, or part thereof, and every person having the care and management thereof to provide a Department representative access during hours of operation or other reasonable times as determined by the Department; or hindering, obstructing, or in any way interfering with any inspector or authorized Department personnel in the performance of his or her duty in violation of 25-I DCMR § 301.3.

3631.2 Violations of any of the following environmental conditions, organic decay, and nuisance odors shall be a Class 3 Infraction:

(a) Failing to abate filth on their property in violation of 25-I DCMR §§ 200.1(a) and 203.1(a);

(b) Failing to abate the contents of cesspools on their property in violation of 25-I DCMR §§ 200.1(b) and 203.1(a);

(d) Failing to abate solid waste on their property in violation of 25-I DCMR §§ 200.1(d) and 203.1(a);

(e) Failing to abate foul water on their property in violation of 25-I DCMR §§ 200.1(e) and 203.1(a);

(f) Failing to abate refuse from factories, warehouses, or commercial operations on their property in violation of 25-I DCMR §§ 200.1(f) and 203.1(a);

(g) Failing to abate construction and demolition waste on their property in violation of 25-I DCMR §§ 200.1(g) and 203.1(a);

(h) Failing to abate ordure on their property in violation of 25-I DCMR §§ 200.1(h) and 203.1(a);

(i) Failing to abate urine on their property in violation of 25-I DCMR §§ 200.1(i) and 203.1(a); or

(j) Failing to compost decayed animal or vegetable matter in accordance with the Home Composting Incentives Amendment Act of 2018, effective July 17, 2018 (D.C. Law 22-146; D.C. Official Code § 8-1031.12b (2019 Supp.)) in violation of 25-I DCMR §§ 200.1(j) and 203.1(a).

3631.3 The following rodent activity shall be a Class 3 Infraction:

(a) Failing to inspect property for rodent activity in violation of 25-I DCMR §§ 201.3(a) and 203.1(b);

(b) Failing to remove dead rodents, in violation of 25-I DCMR §§ 201.3(b) and 203.1(b); or

(c) Failing to obtain a D.C. licensed and certified pest exterminator to treat rodent burrows on the property in violation of 25-I DCMR §§ 201.3(c) and 203.1(b).

3631.4 The following rodent harborage conditions shall be a Class 3 Infraction:

(a) Failing to inspect property for conditions that could support rodent harborage before transferring or changing the property’s occupancy in violation of 25-I DCMR § 202.1;

(b) Failing to prevent grass or weed growth at eight inches (8”) or higher on public or private property, in accordance with Section 908(a) of the Rodent Control Act of 2000, effective October 19, 2000 (D.C. Law 13-172; D.C. Official Code § 8-2103.05(a) (2013 Repl.)), not including “critical areas” designated by the Department of Energy and Environment pursuant to Section 202 of the Fisheries and Wildlife Omnibus Amendment Act of 2016, effective May 19, 2017 (D.C. Law 21-282; D.C. Official Code § 8-1731.02 (2019 Supp.)), in violation of 25-I DCMR §§ 202.2(a) and 203.1(c);

(c) Allowing spillage from outdoor receptacles or waste handling units such as collection vehicles to remain on the property in violation of 25-I DCMR §§ 202.2(b) and 203.1(c);

(d) Accumulating trash, animal fecal matter, discarded items and furniture, boxes, tires, vehicles, or construction materials on the property in violation of 25-I DCMR §§ 202.2(c) and 203.1(c);

(e) Accumulating trash, debris, discarded or unnecessary items on public property, such as tree beds, alleyways, or roadways in violation of 25-I DCMR §§ 202.2(d) and 203.1(c);

(f) Accumulating trash, debris, discarded or unnecessary items on any part of private property, including porches, basement well areas, yard areas, or other exterior areas in violation of 25-I DCMR §§ 202.2(e) and 203.1(c);

(g) Accumulating trash, debris, discarded or unnecessary items on any part of private property adjacent to public or private property, such as garages, driveways, or other exterior areas in violation of 25-I DCMR §§ 202.2(f) and 203.1(c);

(h) Storing pet food or bird feed in containers that are not rodent-proof or leaving uneaten pet food or bird feed in a quantity that is more than necessary to sustain the life of the animal being fed in violation of 25-I DCMR §§ 202.2(g) and 203.1(c);

(i) Placing refuse in plastic bags outside of container to store and dispose of solid waste other than yard waste in violation of 25-I DCMR §§ 202.2(h) and 203.1(c);

(j) Improperly storing debris, solid waste, food waste, or grease receptacles outdoors in violation of 25-I DCMR §§ 202.2(i) and 203.1(c);

(k) Storing debris, solid waste, food waste, or grease outdoors in residential receptacles that are accessible to rodents and other pests in violation of 25-I DCMR §§ 202.2(j) and 203.1(c);

(l) Storing debris, solid waste, food waste, or grease in outdoor receptacles that are not rodent proof, as defined in Section 9901 of these regulations, due to damaged or improper construction in violation of 25-I DCMR §§ 202.2(k) and 203.1(c);

(m) Storing debris, solid waste, food waste, or grease in outdoor receptacles that are not rodent proof, as defined in Section 9901 of these regulations, due to improper maintenance in violation of 25-I DCMR §§ 202.2(l) and 203.1(c);

(n) Storing food waste or grease in outdoors receptacles that are not rodent proof, with tight fitting lids, doors, or covers, as defined in Section 9901 of these regulations in violation of 25-I DCMR §§ 202.2(m) and 203.1(c);

(o) Storing food waste outdoors in receptacles that are not durable, cleanable, insect and rodent proof, leak proof, and nonabsorbent, as defined in Section 9901 of these regulations in violation of 25-I DCMR §§ 202.2(n) and 203.1(c);

(p) Storing food waste outdoors in unprotected plastic bags and paper bags, or baled units that contain materials with food residue in violation of 25-I DCMR §§ 202.2(o) and 203.1(c);

(q) Storing debris, solid waste, food waste, or grease outdoors in waste receptacles that do not have drain plugs in place in violation of 25-I DCMR §§ 202.2(p) and 203.1(c);

(r) Maintaining an insufficient number of waste receptacles to properly store the amount of debris, solid waste, food waste, or grease being generated in violation of 25-I DCMR §§ 202.2(q) and 203.1(c);

(s) Storing debris, solid waste, food waste, or grease on an outdoor surface that is not constructed of nonabsorbent material such as concrete or asphalt in violation of 25-I DCMR §§ 202.2(r) and 203.1(c);

(t) Storing debris, solid waste, food waste, or grease on an outdoor surface that is not smooth, durable and sloped to drain in violation of 25-I DCMR §§ 202.2(s) and 203.1(c);

(u) Using an outdoor storage or enclosure area that is not constructed of durable and cleanable materials to store debris, solid waste, food waste, or grease in violation of 25-I DCMR §§ 202.2(t) and 203.1(c);

(v) Using an outdoor storage or enclosure area that lacks sufficient capacity to hold debris, solid waste, food waste, or grease being stored in violation of 25-I DCMR §§ 202.2(u) and 203.1(c);

(w) Using an on-site compactor that is not installed flushed with the base pad under the unit that does not provide easy access to effectively clean around the unit in violation of 25-I DCMR §§ 202.2(v) and 203.1(c);

(x) Storing discarded or unnecessary items in outdoor storage or enclosure areas in violation of 25-I DCMR §§ 202.2(w) and 203.1(c);

(y) Soiled waste receptacles not cleaned on a regular basis to prevent the development of buildup of waste matter or from becoming an attractant to insects and rodents in violation of 25-I DCMR §§ 202.2(x) and 203.1(c); or

(z) Not using regularly scheduled pickups to remove debris, solid waste, food waste, or grease from the property at a frequency that minimizes the development of objectionable odors and other conditions that attract or harbor insects and rodents in violation of 25-I DCMR §§ 202.2(y) and 203.1(c).

3631.5 Violations of any provision of the District’s Public Health Nuisances and Rodent Control Regulations (Title 25-C DCMR), which is not cited elsewhere in this section, shall be a Class 4 infraction.

History

SOURCE: Final Rulemaking published at 52 DCR 5045 (May 27, 2005); as amended by Final Rulemaking published at 53 DCR 9008 (November 3, 2006); as amended by Final Rulemaking published at 58 DCR 5687 (July 8, 2011); as amended by Final Rulemaking published at 67 DCR 881 (January 31, 2020). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3631

16 DCMR § 3632 SMOKING INFRACTIONS

3632.1 [RESERVED]

3632.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 20 DCMR § 2101.5 (failure to prohibit smoking in enclosed area of a place of employment or public place);

(b) 20 DCMR § 2101.7 (failure to ensure that outdoor smoking area does not encompass area where smoking is prohibited);

(c) 20 DCMR § 2106.5 (having a smoking area that exceeds twenty-five percent (25%) of the total area of a place of employment or public place that is a restaurant);

(d) 20 DCMR § 2106.5(a), (b), (c), and (d) (failure to comply with additional conditions or restrictions necessary to minimize the adverse effects of smoking where an economic hardship waiver has been granted); and

(e) 20 DCMR § 2108.1(d) (failure to warn a person observed to be smoking in a “no-smoking” area).

3632.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 20 DCMR § 2101.1 (failure of a place of employment or public place to adopt a smoking policy consistent with the District of Columbia Smoking Restriction Act of 1979 (D.C. Law 3-22; D.C. Official Code § 7-1701 et seq.) and the Department of Health Functions Clarification Amendment Act of 2001 (D.C. Law 16-90; D.C. Official Code § 7-741 et seq.));

(b) 20 DCMR § 2101.2 (failure to notify employees, orally and in writing, of the smoking policy for a place of employment or public place);

(d) 20 DCMR §§ 2103.2, 2103.3, 2103.6(a), 2103.8, and 2108.1(c) (failure to post or maintain properly worded and properly placed “no-smoking” signs);

(e) 20 DCMR §§ 2103.4, 2103.6(b), and 2103.9 (failure to post properly worded signs designating a smoking area);

(f) 20 DCMR § 2104.3 (failure to post properly worded and properly sized tobacco health warning signs);

(g) 20 DCMR § 2104.4 (failure to post properly placed tobacco health warning signs);

(h) 20 DCMR § 2108.1(a) (smoking in a posted “no smoking” area); and

(i) 20 DCMR § 2108.1(b) (covering, removing, or disfiguring a smoking-related sign).

History

SOURCE: Final Rulemaking published at 52 DCR 5045 (May 27, 2005); as amended by Final Rulemaking published at 61 DCR 4919 (May 16, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 3632

16 DCMR § 3633 DOMESTIC ANIMAL INFRACTIONS

3633.1 Violation of any of the following provisions shall result in a $1,000 fine:

D.C. Official Code § 8-1804.01(f) (2018 Supp.) (a holder of a hobby permit failing to provide their animal with adequate care, adequate feed, adequate shelter, adequate space, and adequate water);

D.C. Official Code § 8-1808(n) (2018 Supp.) (an owner or custodian failing to provide their animal with adequate care, adequate feed, adequate shelter, adequate space, and adequate water);

D.C. Official Code § 8-1808(o) (2018 Supp.) (taking actions that intentionally harm, or that a person should know are likely to cause harm to, an animal);

D.C. Official Code § 8-1808(p)(1) (2018 Supp.) (an owner or custodian abandoning an animal in their possession);

D.C. Official Code § 8-1905(1) (2018 Supp.) (failure to obtain or maintain a valid certificate of registration for a potentially dangerous or dangerous dog);

D.C. Official Code § 8-1905(2) (2018 Supp.) (permitting a potentially dangerous dog to be outside a proper enclosure unrestrained by a leash or chain four feet in length or less and under the control of a responsible person);

D.C. Official Code § 8-1905(3) (2018 Supp.) (failure to maintain a dangerous dog exclusively on the owner’s property except for medical treatment or examination);

D.C. Official Code § 8-1905(4) (2018 Supp.) (failure to notify the Department within twenty-four (24) hours of a potentially dangerous or dangerous dog being on the loose, being unconfined, having attacked another domestic animal or a human being, having died, having been sold or having been given away);

D.C. Official Code § 8-1905(5) (2018 Supp.) (failure to surrender a potentially dangerous or dangerous dog to the Department for safe confinement pending disposition of the case when there is a reason to believe that the potentially dangerous or dangerous dog poses a threat to public safety); and

D.C. Official Code § 8-1905(7) (2018 Supp.) (removing a dangerous dog from the District without written permission from the Director).

3633.2 Violation of any of the following provisions shall result in a $500 fine:

24 DCMR § 901.3 (failing to provide a dog or cat with booster vaccinations against rabies and distemper twelve (12) months after the date of the initial vaccinations, or failure to vaccinate the dog or cat against rabies every three (3) years thereafter.

24 DCMR § 901.14 (falsely issuing a certificate of vaccination);

24 DCMR § 901.17 (failure to vaccinate an unvaccinated dog or cat within fifteen (15) days of bringing a dog or cat into the District);

D.C. Official Code § 8-1803(a) (2018 Supp.) and 24 DCMR § 901.1 (failing to vaccinate a dog or cat over the age of four (4) months against rabies and distemper);

D.C. Official Code § 8-1804.01(a) (2018 Supp.) (an owner of seven (7) or more animals, larger than a guinea pig and older than four (4) months, failing to obtain animal hobby permit);

D.C. Official Code § 8-1808(c) (2018 Supp.) (leaving an animal, excluding cats, outdoors without human accompaniment or adequate shelter for more than fifteen minutes during periods of extreme weather, unless the age, condition, and type of each animal allows the animal to withstand extreme weather);

D.C. Official Code § 8-1808(e) (2018 Supp.) (allowing a dog on any school ground or on any public recreation area, other than a dog park, unless the dog is on a leash and under adequate means of control of a person capable of physically restraining the dog);

D.C. Official Code § 8-1808(f) (2018 Supp.) (separating a puppy or kitten from its mother until the puppy or kitten is at least six (6) weeks of age, unless the mother poses a danger to its offspring);

D.C. Official Code § 8-1808(g) (2018 Supp.) (selling, giving, or offering for sale a puppy or kitten under six (6) weeks of age, unless the puppy or kitten’s mother is sold, given, or offered to the same person as the puppy or kitten);

D.C. Official Code § 8-1808(k)(1) (2018 Supp.) (sponsoring, promoting, or training an animal to participate in, contributing to the involvement of an animal in, or attending as a spectator, any activity or event in which any animal engages in unnatural behavior, is wrestled or fought, mentally or physically harassed, or displayed in such a way that the animal is struck, abused, or mentally or physically stressed or traumatized, or is induced, goaded, or encouraged to perform or react through the use of chemical, mechanical, electrical, or manual devices, in a manner that will cause, or is likely to cause, physical or other injury or suffering);

D.C. Official Code § 8-1808(l)(1) (2018 Supp.) (directing, encouraging, causing, allowing, aiding, or assisting an owned or custodial dog to threaten, charge, bite, or attack a person or other animal except to protect a person under attack or, in the case of a Commercial Guard Dog licensed pursuant to D.C. Official Code § 8-1841.02, to defend private property); and

D.C. Official Code § 8-1808.02(a) (2018 Supp.) (leaving an animal alone in a vehicle in such a way as to endanger the animal’s health or safety).

3633.3 Violation of any of the following provisions shall result in a $250 fine:

24 DCMR § 900.2 (allowing a dog to go at large);

24 DCMR § 900.6 (permitting a dog to be confined in a yard, on any private property or in a vehicle in a manner that allows the dog to bite or menace persons lawfully using a public street, highway, or public space);

24 DCMR § 901.11 (failure of a veterinarian to maintain a copy of the certificate of vaccination);

24 DCMR § 901.16 and 24 DCMR § 901.1 (affixing to an animal’s collar or tag an expired vaccination tag or a vaccination tag issued for another animal);

D.C. Official Code § 8-1808(a)(1) (2018 Supp.) (an owner or custodian allowing their animal to go at large);

D.C. Official Code § 8-1808(b) (2018 Supp.) (knowingly and falsely denying ownership or custodianship of an animal);

D.C. Official Code § 8-1808(i) (2018 Supp.) (selling or offering for sale a rabbit under the age of sixteen (16) weeks or a chick or duck under the age of eight (8) weeks except for agricultural or scientific purposes);

D.C. Official Code § 8-1808(j) (2018 Supp.) (importing into the District, possessing, displaying, offering for sale, trade, barter, exchange, or adoption, or giving as a household pet, any living member of the animal kingdom, including those born and raised in captivity, except the following: domestic dogs; domestic cats; domestic rodents and rabbits; captive-bred species of common cage birds, including chickens; non-venomous snakes, fish and turtles; ferrets; goats; sheep and racing pigeons); and

D.C. Official Code § 8-1808(m) (2018 Supp.) (displaying, exhibiting, or otherwise moving animals in the District as part of a circus, carnival, or other special performance or event, without first obtaining a permit, issued by the Mayor, that governs the care and management of the animals).

3633.4 Violation of any of the following provisions shall result in a $100 fine:

24 DCMR § 900.1 (owning or keeping a dog that disturbs the quiet of a person or neighborhood);

24 DCMR § 900.5 (permitting a dog to enter onto private property without the consent of the owner or occupant of the property);

24 DCMR § 900.7 (permitting a dog to defecate or urinate on a public sidewalk; failure to remove and properly dispose of dog excrement);

24 DCMR § 901.15 (failure to affix and keep affixed to an animal’s collar or harness a valid vaccination tag);

D.C. Official Code § 8-1804(b) (2018 Supp.) (an owner failing to obtain and renew an annual license for a dog over the age of four (4) months);

D.C. Official Code § 8-1804.01(g) (2018 Supp.) (hobby permit holder permitting objectionable odors or noises that disturb the comfort or quiet of the neighborhood or committing a nuisance on public space or property owned by others);

D.C. Official Code § 8-1808(d) (2018 Supp.) (removing the license of a dog without the permission of its owner);

D.C. Official Code § 8-1808(h)(1) (2018 Supp.) (changing the natural color of a baby chicken, duckling, other fowl, or rabbit); and

D.C. Official Code § 8-1808(h)(2) (2018 Supp.) (offering for sale a baby chicken, duckling, other fowl, or rabbit that has had its natural color changed).

3633.5 Fines issued under D.C. Official Code § 8-1808.02(a) for leaving an animal alone in a vehicle shall be in addition to the expenses incurred by the District in the care, medical treatment, and impound cost of the animal, that must be reimbursed by the owner or custodian.

3633.6 Fines issued under this chapter shall not preclude any other criminal or civil penalty or enforcement action provided by District law.

3633.7 For purposes of enforcement of this Chapter pursuant to Chapter 31 of this Title, the term “Director” shall mean the Director of the District of Columbia Department of Health or his or her designee.

History

SOURCE: Final Rulemaking published at 52 DCR 5045 (May 27, 2005); as amended by Final Rulemaking published at 69 DCR 002162 (March 18, 2022). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 3633

16 DCMR § 3634 STATE HEALTH PLANNING AND DEVELOPMENT AGENCY INFRACTIONS

3634.1 Violation of any of the following provisions shall be a Class 1 Infraction:

Section 7(a) of the Health Services Planning Program Re-establishment Act of 1996 (Act), effective April 9, 1997 (D.C. Law 11-191; D.C. Official Code § 44-406(a)) (offering or developing a new institutional health service or obligating a capital expenditure to obtain an asset to be located in the District without obtaining a Certificate of Need (CON) from the State Health Planning and Development Agency (SHPDA));

Section 7(b) of the Act, effective April 9, 1997 (D.C. Law 11-191; D.C. Official Code § 44-406(b)) (failure of a person seeking to acquire control of an existing health care facility or any part thereof to apply for and be approved by SHPDA for a CON before making a capital expenditure to acquire the facility or part thereof);

Section 7(c) of the Act, effective April 9, 1997 (D.C. Law 11-191; D.C. Official Code § 44-406(c)) (failure to notify the SHPDA of the intention to close or terminate the operation of a healthcare facility or health service no later than ninety (90) days prior to the proposed closing);

Section 10(h) of the Act, effective April 9, 1997 (D.C. Law 11-191; D.C. Official Code § 44-409(h)) (failure to comply with conditions imposed by SHPDA upon the grant of a CON);

Section 12(c) of the Act, effective April 9, 1997 (D.C. Law 11-191; D.C. Official Code § 44-411(c)) (selling or transferring effective control of a health care facility or health service with a certificate of need without the prior review and approval by SHPDA of a new CON);

Section 16 of the Act, effective April 9, 1997 (D.C. Law 11-191; D.C. Official Code § 44-415) (obtaining a license, permit, and any other type of official approval by an agency or officer or employee of the District which is necessary for a particular health project prior to the issuance of a CON;

Section 17(a) of the Act, effective April 9, 1997 (D.C. Law 11-191; D.C. Official Code § 44-416(a)) (proceeding with any project which requires a CON without first applying for and obtaining a CON); or

22-B DCMR § 4000.6 (changing the location of an approved service or facility outside of the same Advisory Neighborhood Commission (ANC) before the project is implemented without the prior review and approval by SHPDA of a new CON).

3634.2 Violation of any of the following provisions shall be a Class 2 Infraction:

Section 10(j) of the Act, effective April 9, 1997 (D.C. Law 11-191; D.C. Official Code § 44-409(j)) (beginning operation of the bed, health care facility, or health service approved in a CON before the SHPDA has conducted a review to determine compliance with the CON requirements);

Section 12(d) of the Act, effective April 9, 1997 (D.C. Law 11-191; D.C. Official Code § 44-411(d)) (any transfer, assignment, or other disposition of 10% of the stock or voting rights thereunder of a corporation or other entity which is the operator of a health care facility, or any transfer, assignment, or other disposition of the stock or voting rights thereunder of the corporation which results in the ownership or control of more than 10% of the stock or voting rights thereunder of the corporation, by any person, when that corporation or entity holds a current CON, without the prior review and approval by SHPDA of a new CON);

22-B DCMR § 4000.2 (undertaking any activity for which a CON is required if the original term of the CON has expired and the person has not obtained an extension of the CON or the SHPDA Director has revoked the CON);

22-B DCMR § 4005.3 (failure of a CON holder to request the SHPDA Director’s approval for a proposed change in the project budget that will result in an expenditure that is equal to or greater than one hundred and twenty-five per cent (125%) of the approved capital expenditure specified in the CON);

22-B DCMR § 4005.3 (commencing work on proposed changes to a project or portion thereof where the proposed changes would cause the capital expenditure for the proposed changes would equal or exceed twenty-five percent (25%) of the maximum capital expenditure in the approved CON without review and approval of the revised capital expenditure by the SHPDA Director);

22-B DCMR § 4005.4 (failure of a CON holder to submit an application for a new CON when the proposed change in the project would cause an increase of the capital expenditure for the project in an amount that exceeds the proposed budget by fifty percent (50%) of the approved capital expenditure specified in the CON without review and approval of the revised capital expenditure by the SHPDA Director);

22-B DCMR § 4005.10 (failure of a CON holder to report to SHPDA each proposed change to the specifications in the approved CON);

22-B DCMR § 4005.15 (failure of a CON holder to report to SHPDA each proposed change to a completed project involving a capital expenditure when the change is proposed within two (2) years after the date the activity for which the expenditure was approved is undertaken);

22-B DCMR § 4006.6 (commencing operation of an approved project or phase of an approved project prior to the issuance by SHPDA of a Letter of Completion for the approved project or approved phase of a project); or

22-B DCMR § 4100.1 (failure to notify SHPDA in writing of the establishment of a new institutional health service solely for research).

3634.3 Violation of any of the following provisions shall be a Class 3 Infraction:

Section 6(a) of the Act, effective April 9, 1997 (D.C. Law 11-191; D.C. Official Code § 44-405(a)) (failure to submit to SHPDA any required data related to the utilization, management, and financing of health services, including data on utilization of health services, cost of services, charges of services, patient demographic, characteristic information, and data related to the annual level of uncompensated care provided); or

22-B DCMR § 4008.1 (failure to make quarterly progress reports to SHPDA).

3634.4 Each day of a continuing violation shall constitute a separate offense.

History

SOURCE: Final Rulemaking published at 52 DCR 5045 (May 27, 2005); as amended by Final Rulemaking published at 69 DCR 015553 (December 30, 2022). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 3634

16 DCMR § 3635 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5045 (May 27, 2005).

16 DCMR § 3636 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5045 (May 27, 2005).

16 DCMR § 3637 [REPEALED]

History

SOURCE: Final Rulemaking published at 52 DCR 4093, 5046 (May 27, 2005); as amended by Final Rulemaking published at 61 DCR 8407 (August 15, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3637

16 DCMR § 3638 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5056 (May 27, 2005).

16 DCMR § 3639 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5056 (May 27, 2005).

16 DCMR § 3640 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5056 (May 27, 2005).

16 DCMR § 3641 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5056 (May 27, 2005).

16 DCMR § 3642 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5056 (May 27, 2005).

16 DCMR § 3643 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5056 (May 27, 2005).

16 DCMR § 3644 [REPEALED]

History

SOURCE: Final Rulemaking published at 52 DCR 5056 (May 27, 2005); as amended by Final Rulemaking published at 61 DCR 8407 (August 15, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3644

16 DCMR § 3645 [REPEALED]

History

SOURCE: Final Rulemaking published at 52 DCR 5057 (May 27, 2005); as amended by Final Rulemaking published at 61 DCR 8407 (August 15, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3645

16 DCMR § 3646 [REPEALED]

History

SOURCE: Final Rulemaking published at 52 DCR 5058 (May 27, 2005); as amended by Final Rulemaking published at 61 DCR 8407 (August 15, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3646

16 DCMR § 3647 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5061 (May 27, 2005).

16 DCMR § 3648 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5061 (May 27, 2005).

16 DCMR § 3649 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5061 (May 27, 2005).

16 DCMR § 3650 [REPEALED]

History

SOURCE: Final Rulemaking published at 52 DCR 5061 (May 27, 2005); as amended by Final Rulemaking published at 61 DCR 8407 (August 15, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3650

16 DCMR § 3651 [REPEALED]

History

SOURCE: Final Rulemaking published at 52 DCR 5066 (May 27, 2005); as amended by Final Rulemaking published at 61 DCR 8407 (August 15, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3651

16 DCMR § 3652 [REPEALED]

History

SOURCE: Final Rulemaking published at 52 DCR 5074 (May 27, 2005); as amended by Final Rulemaking published at 53 DCR 5479 (July 7, 2006); as amended by Final Rulemaking published at 61 DCR 8407 (August 15, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3652

16 DCMR § 3653 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5077 (May 27, 2005).

16 DCMR § 3654 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5077 (May 27, 2005).

16 DCMR § 3655 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5077 (May 27, 2005).

16 DCMR § 3656 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5077 (May 27, 2005).

16 DCMR § 3657 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5077 (May 27, 2005).

16 DCMR § 3658 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5077 (May 27, 2005).

16 DCMR § 3659 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5077 (May 27, 2005).

16 DCMR § 3660 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5077 (May 27, 2005).

16 DCMR § 3661 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 5077 (May 27, 2005).

16 DCMR § 3662 [REPEALED]

History

SOURCE: Final Rulemaking published at 52 DCR 5077 (May 27, 2005); as amended by Final Rulemaking published at 61 DCR 8407 (August 15, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3662

16 DCMR § 3663 LICENSING OF ASSISTED LIVING FACILITIES

3663.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) D.C. Official Code § 44-103.01 (operating an assisted living facility without a license);

(b) D.C. Official Code § 44-103.07(b) (describing, marketing or offering a business as an assisted living facility without having obtained a license);

(c) D.C. Official Code § 44-105.09(a) (failure to develop and implement policies and procedures on abuse, neglect and exploitation of residents);

(d) D.C. Official Code § 44-105.09(b)(1) and (b)(2) (failure to report abuse of a resident);

(e) D.C. Official Code § 44-105.09(b)(3) (failure to thoroughly investigate an allegation of abuse, neglect or exploitation against a resident; failure to take preventive action; failure to report results of investigation);

(f) D.C. Official Code § 44-106.01(a) (accepting a resident for whom the facility cannot provide appropriate services or failure to make or allow arrangements with a third party to provide appropriate services);

(g) D.C. Official Code § 44-106.01(b) (failure to determine that a resident is appropriate for admission and that the resident's needs can be met in addition to the needs of other residents);

(h) D.C. Official Code § 44-106.01(c) (admitting an individual who is younger than eighteen (18) years of age);

(i) D.C. Official Code § 44-106.01(d)(1) (admitting an individual who upon admission is dangerous to him or herself or others);

(j) D.C. Official Code § 44-106.01(d)(2) (admitting an individual who is at high risk for health or safety complications and who requires more than thirty-five (35) hours per week of skilled nursing and home care services combined);

(k) D.C. Official Code § 44-106.01(e) (admitting an individual who requires more than intermittent skilled nursing care, treatment of stage three (3) or four ulcers, ventilator services or treatment for an active, infectious and reportable disease or condition that requires more than contact isolation);

(l) D.C. Official Code § 44-106.02 (failure to provide a written contract to the resident that the resident or representative signs prior to admission);

(m) D.C. Official Code § 44-106.04(a) (failure to develop an Individualized Service Plan (ISP) for a resident prior to admission);

(n) D.C. Official Code § 44-106.04(e) (failure to appropriately transfer resident when appropriate services cannot be provided);

(o) D.C. Official Code § 44-106.07 (failure to provide twenty-four (24) hour supervision, three (3) nutritious meals per day, fresh and seasonal foods assistance with Activities of Daily Living (ADL) and Instrumental Activities of Daily Living (IADL), laundry and housekeeping services, access to appropriate health and social services and transportation or arrangement for transportation to community-based services);

(p) D.C. Official Code § 44-106.08(e) (failure to comply with provisions on discharge);

(q) D.C. Official Code § 44-107.01(a) (failure to have the assisted living residence supervised by an assisted living administrator who is responsible for all personnel and services);

(r) D.C. Official Code § 44-107.01(b) (failure of the assisted living administrator to ensure that each resident has access to appropriate medical, rehabilitation, psychosocial services, oversight and monitoring);

(s) D.C. Official Code § 44-108.01 (failure to complete a resident assessment that will be the basis of the resident's service plan);

(t) D.C. Official Code § 44-108.02(a) (failure to complete a medical, rehabilitation and psychosocial assessment within thirty (30) days prior to admission);

(u) D.C. Official Code § 44-108.02(c) (failure to obtain the appropriate examination from the resident's primary health practitioner within thirty (30) days prior to admission); and

(v) D.C. Official Code § 44-108.04 (for individuals who will be admitted for no longer than thirty (30) days, failure to obtain an analysis of the resident's physical condition, medical status and functional assessment and as well as a resident agreement).

(x) D.C. Official Code § 44-107.01(e) (failure of newly hired staff to timely document their communicable disease status);

(y) D.C. Official Code § 44-107.01(f) (failure of employee to document annual freedom from tuberculosis in a communicable form);

(z) D.C. Official Code § 44-107.01(h) (allowing an employee who has not completed training to work unsupervised by a trained person);

(aa) D.C. Official Code § 44-110.02 (failure to comply with fire safety requirements);

(bb) D.C. Official Code § 44-108.05 (failure to comply with requirements on emergency placements);

(cc) D.C. Official Code § 44-109.01 (failure to comply with requirements on medication management); and

(dd) D.C. Official Code § 44-109.02 (failure to comply with requirements on medication management assessments).

3663.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) D.C. Official Code § 44-103.02 (failure to comply with initial license and application requirements);

(b) D.C. Official Code § 44-103.04 (failure to comply with license and application requirements for license renewals);

(c) D.C. Official Code § 44-103.07 (using the word "hospital", "nursing", “sanitorium", "convalescent", "rehabilitative", "subacute" or "hospice" in the facility's title);

(d) D.C. Official Code § 44-105.01 (failure to care for residents in a manner and in an environment that promotes maintenance and enhancement of the residents' quality of life and independence by providing or arranging for twenty-four (24) hour supervision and assistance in activities of daily living);

(e) D.C. Official Code § 44-105.02 (failure to comply with requirements on self-determination, choice, independence, participation and privacy);

(f) D.C. Official Code § 44-105.03 (failure to comply with requirements on residents' dignity);

(g) D.C. Official Code § 44-105.04 (failure to comply with requirements on accommodation of needs);

(h) D.C. Official Code § 44-105.05 (failure to comply with requirements on representation and resolution of grievances and complaints);

(i) D.C. Official Code § 44-105.06 (failure to comply with requirements on privacy and confidentiality);

(j) D.C. Official Code § 44-105.07 (failure to disclose fair and reasonable contract terms and billing practices);

(k) D.C. Official Code § 44-105.08 (failure to post and distribute notice of residents' rights);

(l) D.C. Official Code § 44-105.09(c) (failure to post policies and procedures on prohibiting abuse, neglect and exploitation of residents);

(m) D.C. Official Code § 44-106.01(f) (failure to maintain records on denial of admissions);

(n) D.C. Official Code § 44-106.01(g) (automatically excluding from admission a person with primary or secondary metal health issues);

(o) D.C. Official Code § 44-106.04(b) (failure to require items in the ISP);

(p) D.C. Official Code § 44-106.04(c) (failure to confer with resident or surrogate during the ISP development process);

(q) D.C. Official Code § 44-106.04(d) (failure to timely and appropriately review and update ISP);

(r) D.C. Official Code § 44-106.05 (failure to comply with requirements on shared responsibility agreements);

(s) D.C. Official Code § 44-106.06 (failure to comply with requirements on residents' records);

(t) D.C. Official Code § 44-106.08(b) (failure to give appropriate timely notice when there is an immediate transfer of a resident);

(u) D.C. Official Code § 44-106.08(c) (failure to renegotiate an ISP after a resident has been immediately transferred);

(v) D.C. Official Code § 44-106.08(d) (failure to give appropriate and timely notice of discharge);

(w) D.C. Official Code § 44-107.01(c) (failure of ALA to be at least twenty-one (21) years of age);

(x) D.C. Official Code § 44-107.01(c)(2) (failure of ALA to have requisite education and experience);

(y) D.C. Official Code § 44-107.01(c)(3) (failure of ALA to have requisite satisfactory knowledge);.

(z) D.C. Official Code § 44-107.01(d) (failure to employ staff and develop a staffing plan based on required criteria to assure the safety and proper care of residents);

(aa) D.C. Official Code § 44-107.01(g) (failure of staff to have requisite qualifications and experience);

(bb) D.C. Official Code § 44-107.02 (failure to comply with requirements on staff training);

(cc) D.C. Official Code § 44-109.03 (failure to comply with requirements on on-site medication review);

(dd) D.C. Official Code § 44-109.05 (failure to comply with requirements on medication administration);

(ee) D.C. Official Code § 44-110.01 (failure to comply with other applicable laws, regulations and codes);

(ff) D.C. Official Code § 44-110.03 (failure to comply with requirements on the building exterior);

(gg) D.C. Official Code § 44-110.04 (failure to comply with requirements on the building interior);

(hh) D.C. Official Code § 44-110.05 (failure to comply with requirements on accessibility);

(ii) D.C. Official Code § 44-110.10 (failure to comply with requirements on laundry);

(jj) D.C. Official Code § 44-110.11 (failure to comply with requirements for seventeen (17) beds or more); and

(kk) D.C. Official Code § 44-111.01 (failure to comply with requirements on insurance).

(ll) D.C. Official Code § 44-108.02 (failure to have a medical, rehabilitation and psychosocial assessment of the resident done 30 days prior to admission and/or failure to maintain the appropriate assessment information);

(mm) D.C. Official Code § 44-109.04 (failure to comply with requirements on medication storage); and

(nn) D.C. Official Code § 44-109.07 (failure to comply with requirements on medication control).

3663.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) D.C. Official Code § 44-103.05(b) (failure to timely submit a written request for a change in the license or to pay the license fee);

(b) D.C. Official Code § 44-103.05(c) (failure to notify residents of a request for change in licensure);

(e) D.C. Official Code § 44-108.01(c)(1) (failure to include a medical history with a resident's recent evaluation);

(f) D.C. Official Code § 44-108.03 (failure to comply with requirements on functional assessments);

(i) D.C. Official Code § 44-110.06 (failure to comply with requirements on bathrooms);

(j) D.C. Official Code § 44-110.07 (failure to comply with requirements on heat, light and ventilation);

(k) D.C. Official Code § 44-110.08 (failure to comply with requirements on bedrooms); and

(l) D.C. Official Code § 44-110.09 (failure to comply with kitchen requirements).

History

SOURCE: Final Rulemaking published at 57 DCR 3105 (April 9, 2010).

16 DCMR § 3664 MEDICAL MARIJUANA DISPENSARY REGISTRATION VIOLATIONS

3664.1 Violation of any of the following provisions shall be a Class 1 infraction:

22-C DCMR § 100.2 (No person shall possess, use, administer, or dispense marijuana in any form for the purpose of a medical use unless the person is registered with the District of Columbia government under the Legalization of Marijuana for Medical Treatment Initiative of 1999 (the “Act”)).

3664.2 Violation of any of the following provisions shall be a Class 2 infraction:

22-C DCMR § 5500.3 (A dispensary registered under the Act shall not use or display a trade name, corporate name, or sign bearing the words “pharmacy,” “apothecary,” “drug store,” or other phrase that implies that the practice of any health profession occurs on the premises).

3664.3 Violation of any of the following provisions shall be a Class 3 infraction:

22-C DCMR § 5103.2 (A dispensary that has not timely renewed its registration shall not be permitted to sell medical marijuana with an expired registration);

22-C DCMR § 5303.1 (A registration for a dispensary shall be returned to the Director of the Department of Health (the “Department”) if the dispensary fails to open for business within one hundred twenty (120) days after the registration has been issued); and

22-C DCMR § 5303.2 (A registration for a dispensary shall be returned to the Director if the dispensary fails to operate for any reason for more than one hundred twenty (120) consecutive days after it has opened for business).

3664.4 Violation of any of the following provisions shall be a Class 4 infraction:

22-C DCMR § 5106.2 (Failure of manager to provide manager training certificate to the Department within thirty (30) days of registration);

22-C DCMR § 5110.1 (All persons required to register with the Department shall receive and wear a nontransferable uniform registration ID card from the Department on their person, while working in a restricted access area at a dispensary);

22-C DCMR § 5500.1 (Failure to notify Department of change of corporate or trade name);

22-C DCMR § 5500.6 (Failure of a dispensary to notify registered qualified patients of a trade name change within ten (10) days of being notified by Department of approval); and

22-C DCMR § 5501 (Failure to notify Department of corporate and partnership changes).

History

SOURCE: Final Rulemaking published at 65 DCR 6020 (June 1, 2018). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3664

16 DCMR § 3665 MEDICAL MARIJUANA DISPENSARY GENERAL OPERATION VIOLATIONS

3665.1 Violation of any of the following provisions shall be a Class 1 infraction:

22-C DCMR § 5602.1 (Sales cannot be transacted between 9:00 p.m. and 7:00 a.m.);

22-C DCMR § 5603.1 (A registered dispensary shall keep all medical marijuana located on the premises in a separate storage area which is securely closed and locked during all hours when the establishment is prohibited from operating or is closed. The storage area shall have a volumetric intrusion detection device(s) installed and connected to the facility intrusion detection system);

22-C DCMR § 5603.2 (A dispensary shall be required to install and use a safe for overnight storage of any processed marijuana, transaction records, and cash on the registered premises);

22-C DCMR § 5604.1 (In the absence of an owner, a dispensary shall have a Department approved manager present at the registered premises during the hours that the dispensary is open);

22-C DCMR § 5605.1 (A dispensary shall destroy or dispose of unused or surplus medical marijuana and its by-products by providing it to MPD for destruction);

22-C DCMR § 5605.2 (All unused or surplus medical marijuana and its by-products shall be weighed and documented and submitted to MPD on a form provided by MPD prior to being delivered to MPD by the dispensary for destruction);

22-C DCMR § 5605.4 (A dispensary shall report stolen or lost marijuana within twenty-four (24) hours of becoming aware by calling 911 or contacting Police in the business District);

22-C DCMR § 5607.1 (All medical marijuana sold or otherwise distributed by a dispensary shall be packaged and appropriately labeled);

22-C DCMR § 5607.7 (The label shall not contain any of the following information: (a) Any false or misleading statement or design; or (b) Any seal, flag, crest, coat of arms, or other insignia likely to mislead the qualified patient to believe that the product has been endorsed, made, or used by the District government);

22-C DCMR § 5607.10 (A dispensary shall not use the word(s) “candy” or “candies” on the product, packaging, or labeling of any medical marijuana product);

22-C DCMR § 5607.11 (A dispensary shall not place any content, image, or labeling that specifically targets individuals under the age of twenty-one (21), including but not limited to, cartoon characters or similar images, on the product, packaging, or a container holding medical marijuana);

22-C DCMR § 5607.13 (A dispensary shall not use or allow the use of any content, image, or labeling on a medical marijuana product that is offered for sale if the container does not precisely and clearly indicate the nature of the contents or that in any way may deceive a customer as to the nature, composition, quantity, age, or quality of the product);

22-C DCMR § 5607.14 (Packaging of edible medical marijuana products or medical marijuana-infused products shall not bear any resemblance to the trademarked, characteristic or product-specialized packaging of any commercially available candy, snack, baked good or beverage; statement, artwork or design that could reasonably mislead any person to believe that the package contains anything other than an edible medical marijuana product or medical marijuana-infused products; or seal, flag, crest, coat of arms, or other insignia that could reasonably mislead any person to believe that the product has been endorsed, manufactured, or used by any state, county or municipality or any agency thereof);

22-C DCMR § 5608.1 (The production of any ingestible product containing medical marijuana distributed by a dispensary shall be prepared at a cultivation center facility that meets all requirements of a retail food establishment, including any Department licensing and/or certification requirements; and shall comply with all District of Columbia health regulations relating to the production, preparation, and sale of prepared food items);

22-C DCMR § 5608.3 (Marijuana-infused products that are especially appealing to children are prohibited);

22-C DCMR § 5608.4 (Marijuana-infused edible products such as, but not limited to, gummy candies, lollipops, cotton candy, or brightly colored products, are prohibited);

22-C DCMR § 5609.1 (Medical marijuana shall be subject to testing for quality assurance and safety purposes);

22-C DCMR § 5610.1 (A dispensary shall be required to operate and maintain in good working order a twenty-four (24) hour, seven (7) days a week, a closed circuit television (CCTV) surveillance system on the premises);

22-C DCMR § 5610.2 (A dispensary shall install, maintain, and use a professionally monitored robbery and burglary alarm system);

22-C DCMR § 5612.1 (A dispensary shall refuse to sell or deliver medical marijuana to any person who does not have a valid registration card and government issued photo identification);

22-C DCMR § 5617.1 (A dispensary shall be required for security purposes to have sufficient lighting outside of the registered business each day between sunset and sunrise that adequately illuminates the dispensary and its immediate surrounding area);

22-C DCMR § 5619.1 (Medical marijuana shall only be handled in designated limited access areas. A dispensary shall permit only those persons registered with the Department to enter limited access areas);

22-C DCMR § 5619.2 (Limited access areas shall only be those areas identified on cultivation center application);

22-C DCMR § 5619.5 (It shall be a violation for non-registered persons to be in limited access areas); and

22-C DCMR § 6300.1 (A registered dispensary shall devote two percent (2%) of its annual gross revenue to provide medical marijuana on a sliding scale to qualifying patients determined eligible pursuant to § 1300.4 of this subchapter. (Conduct is flagrant, fraudulent, or willful).

Violation of any of the following provisions shall be a Class 2 infraction:

22-C DCMR § 5604.7 (A registered dispensary shall notify the Department within seven (7) calendar days of discovering any manager's arrest or conviction for any crime other than minor traffic violations);

22-C DCMR § 5607.3 (The label shall include all ingredients contained in the product, in order from most abundant to least abundant. The label for ingestible items shall identify potential food allergy ingredients. The product shall be packaged in a sealed container that cannot be opened without obvious damage to the packaging);

22-C DCMR § 5607.4 (The label shall contain the following warning: “There may be health risks associated with the ingestion or use of this product. Please consult your physician if you have any questions or concerns.”);

22-C DCMR § 5607.5 (All medical marijuana shall be labeled with a list of all chemical additives);

22-C DCMR § 5607.8 (A dispensary shall not alter, obliterate or destroy the label affixed to a container containing marijuana);

22-C DCMR § 5607.9 (A dispensary shall place the original marijuana container in a separately sealed, appropriately labeled container for customer transport purposes);

22-C DCMR § 5607.17 (A dispensary shall obtain approval prior to using a label to be used in the sale of marijuana);

22-C DCMR § 5610.3 (A dispensary shall notify the Department within twenty-four (24) hours of any incident triggering an alarm, and file a written report);

22-C DCMR § 5617.2 (Outdoor lighting shall be hooded or oriented so as to deflect light away from adjacent properties. (When willful conduct is demonstrated; for example, repeated occurrences)); and

22-C DCMR § 5618.1 (A dispensary shall be staffed with at least two (2) persons during its hours of operations).

3665.3 Violation of any of the following provisions shall be a Class 3 infraction:

22-C DCMR § 5601.1 (A dispensary shall post a notice regarding sales only to those persons having a valid registration card and government issued photo identification);

22-C DCMR § 5608.2 (Marijuana-infused products that require cooking or baking by the consumer are prohibited);

22-C DCMR § 5613.1 (A dispensary shall surrender its registration within three (3) calendar days of discontinuing its operation);

22-C DCMR § 5616.1 (A dispensary shall post the required signs provided by the Department, in the manner required by the Department);

22-C DCMR § 5619.3 (A dispensary shall post a sign provided by the Department at all areas of ingress and egress);

22-C DCMR § 5619.4 (Persons registered by the Department shall wear their registrations at all times while in limited access areas); and

3665.4 Violation of any of the following provisions shall be a Class 4 infraction:

22-C DCMR § 5610.3 (A dispensary shall maintain for three (3) years the reports of any incident triggering an alarm, and shall make those reports available during inspection).

3665.5 Violation of any of the following provisions shall be a Class 5 infraction:

22-C DCMR § 5617.2 (Outdoor lighting shall be hooded or oriented so as to deflect light away from adjacent properties. (Single occurrence, with no evidence of willful conduct).

History

SOURCE: Final Rulemaking published at 65 DCR 6020 (June 1, 2018). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3665

16 DCMR § 3666 MEDICAL MARIJUANA DISPENSARY PROHIBITED AND RESTRICTED ACTIVITIES

3666.1 Violation of any of the following provisions shall be a Class 1 infraction:

D.C. Official Code § 3-1210.02 (Unless authorized to practice a health occupation under D.C. Official Code Title 3, Chapter 12, a person shall not represent to the public by title, description of services, methods, or procedures, or otherwise that the person is authorized to practice the health occupation in the District);

22-C DCMR § 5700.1 (Unlawful to receive or purchase medical marijuana from a source other than a cultivation center registered in the District of Columbia);

22-C DCMR § 5700.2 (A dispensary shall not offer for sale, sell or solicit an order outside the registered premises);

22-C DCMR § 5700.3 (A dispensary shall not receive or purchase medical marijuana from a person other than a cultivation center registered in the District);

22-C DCMR § 5703.1 (A dispensary shall not transport or deliver medical marijuana);

22-C DCMR § 5705.1 (A dispensary shall not permit the consumption of medical marijuana at the registered premises in any form. The dispensary shall dispense or distribute medical marijuana in a closed container that shall not be opened after sale, or the contents consumed, on the premises where sold);

22-C DCMR § 5705.2 (It shall be a violation for a dispensary to have on the registered premises any medical marijuana or marijuana paraphernalia that shows evidence of the medical marijuana having been consumed or partially consumed);

22-C DCMR § 5707.3 (A person under the age of eighteen (18) shall be precluded from purchasing medical marijuana from a dispensary unless he or she is a qualified patient and is in the presence of a parent or guardian);

22-C DCMR § 5708.1 (It shall be a violation of this subtitle for a dispensary, or a director, officer, member, incorporator, agent, or employee of a dispensary to provide financial compensation, an office, or anything of value to an authorized practitioner who recommends the use of medical marijuana. (When willful conduct is demonstrated; for example, repeated occurrences));

22-C DCMR § 5709.1 (A dispensary shall not provide a qualified patient or caregiver more than four (4) ounces of dried medical marijuana, or the equivalent of four (4) ounces of dried marijuana in a form other than dried, either at one (1) time or within a thirty (30) day period);

22-C DCMR § 5709.2 (A dispensary shall dispense medical marijuana and distribute paraphernalia only to a qualifying patient or caregiver, if the qualifying patient is registered to receive medical marijuana from that dispensary); and

22-C DCMR § 5710.1 (A dispensary shall not permit medical marijuana or paraphernalia to be visible from any public or other property not owned by the dispensary).

3666.2 Violation of the following provision shall be a Class 2 infraction:

22-C DCMR § 5707.1 (A person under twenty-one (21) years of age shall not be employed by a dispensary to sell or dispense medical marijuana); and

22-C DCMR § 5708.1 (It shall be a violation of this subtitle for a dispensary, or a director, officer, member, incorporator, agent, or employee of a dispensary to provide financial compensation, an office, or anything of value to a physician who recommends the use of medical marijuana. (Single occurrence, with no evidence of willful conduct)).

History

SOURCE: Final Rulemaking published at 65 DCR 6020 (June 1, 2018). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3666

16 DCMR § 3667 MEDICAL MARIJUANA DISPENSARY ADVERTISING VIOLATIONS

3667.1 Violation of any of the following provisions shall be a Class 2 violation:

22-C DCMR § 5800.2 (Advertisements relating to medical marijuana shall not be displayed on the exterior of any window or on the exterior or interior of any door. (When willful conduct is demonstrated; for example, repeated occurrences));

22-C DCMR § 5800.3 (No sign advertising medical marijuana on the exterior or visible from the exterior of any registered establishment or elsewhere in the District shall be illuminated at any time. (When willful conduct is demonstrated; for example, repeated occurrences);

22-C DCMR § 5801.1 (A registered dispensary shall not use any picture or illustration that depicts a child or immature person, or objects (such as toys), suggestive of the presence of a child, and any statement, design, device, picture, or illustration designed to be especially appealing to children or immature persons);

22-C DCMR § 5801.2 (A statement that is known by the dispensary to be false or misleading with respect to advertised price charged to the qualified patient, ingredients of medical marijuana, source of manufacturer, or statements as to health benefits, shall be prohibited); and

22-C DCMR § 5801.3 (A statement that encourages the use or purchase of medical marijuana without a registration card shall be prohibited).

3667.2 Violation of any of the following provisions shall be a Class 4 violation:

22-C DCMR § 5800.1 (Advertisements relating to the prices of medical marijuana shall not be displayed in the window of a registered establishment);

22-C DCMR § 5800.2 (Advertisements relating to medical marijuana shall not be displayed on the exterior of any window or on the exterior or interior of any door. (Single occurrence, with no evidence of willful conduct); and

22-C DCMR § 5800.3 (No sign advertising medical marijuana on the exterior or visible from the exterior of any registered establishment or elsewhere in the District shall be illuminated at any time. (Single occurrence, with no evidence of willful conduct)).

History

SOURCE: Final Rulemaking published at 65 DCR 6020 (June 1, 2018). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3667

16 DCMR § 3668 MEDICAL MARIJUANA DISPENSARY RECORDS AND REPORTING VIOLATIONS

3668.1 Violation of any of the following provisions shall be a Class 1 violation:

22-C DCMR § 5902.1 (Each registered dispensary shall keep and maintain upon the registered premises true, complete, and current books and records which include invoices that adequately and fully reflect all purchases and sales of medical marijuana made to and by the dispensary. (When willful conduct is demonstrated; for example, repeated occurrences));

22-C DCMR § 5902.2 (Records shall include and distinctly show the specifications of 17 DCMR § 5902.2(a)-(h). (When willful conduct is demonstrated; for example, repeated occurrences));

22-C DCMR § 5902.3 (All invoices and delivery slips shall be systematically filed and maintained for a period of four (4) years from the date of delivery and shall show a true, accurate, legible, and complete statement of terms and conditions on which each purchase was made. (When willful conduct is demonstrated; for example, repeated occurrences));

22-C DCMR § 5904.2 (On or before the thirtieth (30th) day of July and January, the dispensary shall furnish to the Department on a form to be prescribed by the Department a dispensary report under oath containing the specifications of 17 DCMR §§ 5904.2(a)-(k). (When willful conduct is demonstrated; for example, repeated occurrences));

22-C DCMR § 5906.1 (The books and records referred to in this chapter, including the original and duplicate invoices, shall be open to inspection by the Department or its designated agent, and the OTR, during the establishment's approved hours of operation. (When willful conduct is demonstrated; for example, repeated occurrences));

22-C DCMR § 5906.3 (A dispensary shall keep and maintain all books and records referred to in this chapter on the registered premises for a period of four (4) years after the latest transaction recorded in those books and records. (When willful conduct is demonstrated; for example, repeated occurrences)); and

22-C DCMR § 6300.2 (Not later than February 15th of each calendar year, each registered dispensary in the District of Columbia shall submit to the Director statements regarding the sliding scale program as specified by 17 DCMR §§ 6300.2(a)-(c). (When willful conduct is demonstrated; for example, repeated occurrences)).

3668.2 Violation of any of the following provisions shall be a Class 2 violation:

22-C DCMR § 5902.1 (Each registered dispensary shall keep and maintain upon the registered premises true, complete, and current books and records which include invoices that adequately and fully reflect all purchases and sales of medical marijuana made to and by the dispensary. (Single occurrence, with no evidence of willful conduct));

22-C DCMR § 5902.2 (Records shall include and distinctly show the specifications of 17 DCMR §§ 5902.2(a)-(h). (Single occurrence, with no evidence of willful conduct));

22-C DCMR § 5902.3 (All invoices and delivery slips shall be systematically filed and maintained for a period of four (4) years from the date of delivery and shall show a true, accurate, legible, and complete statement of terms and conditions on which each purchase was made. (Single occurrence, with no evidence of willful conduct));

22-C DCMR § 5904.2 (On or before the thirtieth (30th) day of July and January, the dispensary shall furnish to the Department on a form to be prescribed by the Department a dispensary report under oath containing the specifications of 17 DCMR §§ 5904.2(a)-(k). (Single occurrence, with no evidence of willful conduct));

22-C DCMR § 5906.1 (The books and records referred to in this chapter, including the original and duplicate invoices, shall be open to inspection by the Department or its designated agent, and the OTR, during the establishment's approved hours of operation. (Single occurrence, with no evidence of willful conduct));

22-C DCMR § 5906.3 (A dispensary shall keep and maintain all books and records referred to in this chapter on the registered premises for a period of four (4) years after the latest transaction recorded in those books and records. (Single occurrence, with no evidence of willful conduct)); and

22-C DCMR § 6300.2 (Not later than February 15th of each calendar year, each registered dispensary in the District of Columbia shall submit to the Director statements regarding the sliding scale program as specified by 17 DCMR §§ 6300.2(a)-(c). (Single occurrence, with no evidence of willful conduct)).

3668.3 Violation of the following provision shall be a Class 4 violation:

22-C DCMR § 5907.1 (A dispensary shall notify the Mayor within ten (10) days after a registered director, officer, member, incorporator, agent, employee, or manager ceases to work at, manage, own, or otherwise be associated with the operation. The director, officer, member, incorporator, agent, employee, or manager shall surrender his or her identification card to the Mayor within ten (10) days of ceasing to work at, manage, own, or otherwise be associated with the operation).

History

SOURCE: Final Rulemaking published at 65 DCR 6020 (June 1, 2018). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3668

16 DCMR § 3670 CULTIVATION CENTER REGISTRATION VIOLATIONS

3670.1 Violation of any of the following provisions shall be a Class 2 infraction:

22-C DCMR § 5500.3 (A cultivation center registered under the Act shall not use or display a trade name, corporate name, or sign bearing the words “pharmacy,” “apothecary,” “drug store,” or other phrase that implies that the practice of any health profession occurs on the premises).

3670.2 Violation of any of the following provisions shall be a Class 3 infraction:

22-C DCMR § 5103.2 (A cultivation center that has not timely renewed its registration shall not be permitted to sell medical marijuana with an expired registration);

22-C DCMR § 5303.1 (A registration for a cultivation center shall be returned to the Director if the dispensary or cultivation center fails to open for business within one hundred twenty (120) days after the registration has been issued); and

22-C DCMR § 5303.2 (A registration for cultivation center shall be returned to the Director if the cultivation center fails to operate for any reason for more than one hundred twenty (120) consecutive days after it has opened for business).

3670.3 Violation of any of the following provisions shall be a Class 4 infraction:

22-C DCMR § 5106.2 (Failure of manager to provide manager training certificate to the Department within thirty (30) days of registration);

22-C DCMR § 5500.1 (Failure to obtain approval for change of corporate or trade name); and

22-C DCMR § 5501 (Failure to notify Department of individual ownership, corporate and partnership changes).

History

SOURCE: Final Rulemaking published at 65 DCR 4826 (May 4, 2018). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3670

16 DCMR § 3671 CULTIVATION CENTER GENERAL OPERATION VIOLATIONS

3671.1 Violation of any of the following provisions shall be a Class 1 infraction:

22-C DCMR § 5602.2 (A registered cultivation center shall not be open to the public);

22-C DCMR § 5603.1 (A registered cultivation center shall keep all medical marijuana located on the premises in a separate storage area which is securely closed and locked during all hours when the establishment is prohibited from operating or is closed. The storage area shall have a volumetric intrusion detection device(s) installed and connected to the facility intrusion detection system);

22-C DCMR § 5603.2 (A cultivation center shall be required to install and use a safe for overnight storage of any processed marijuana, transaction records, and cash on the registered premises);

22-C DCMR § 5604.1 (In the absence of an owner, a cultivation center shall have a Department approved manager present at the registered premises during the hours that the cultivation center is open);

22-C DCMR § 5605.1 (A cultivation center shall destroy or dispose of unused or surplus medical marijuana and its by-products by providing it to MPD for destruction);

22-C DCMR § 5605.4 (A cultivation center shall report stolen or lost marijuana within twenty-four (24) hours of becoming aware by calling 911 or contacting Police in the cultivation center’s Police District);

22-C DCMR § 5607.2 (All medical marijuana sold or otherwise distributed by a cultivation center shall be packaged and labeled in a manner that advises the purchaser that it contains marijuana, specifies the amount of marijuana in the product, and that the marijuana is intended for medical use solely by the patient to whom it is sold, and that any re-sale or re-distribution of the medical marijuana to a third person is prohibited);

22-C DCMR § 5607.10 (A cultivation center or dispensary shall not use the word(s) “candy” or “candies” on the product, packaging, or labeling of any medical marijuana product);

22-C DCMR § 5607.11 (A cultivation center or dispensary shall not place any content, image, or labeling that specifically targets individuals under the age of twenty-one (21), including but not limited to, cartoon characters or similar images, on the product, packaging, or a container holding medical marijuana);

22-C DCMR § 5607.12 (A cultivation center that produces edible marijuana products or marijuana-infused products shall ensure that all edible marijuana products or marijuana-infused products offered for sale: (a) Are labeled clearly and unambiguously as medical marijuana; (b) Are not presented in packaging or with labeling that is appealing to children; and (c) Have packaging designed or constructed to be significantly difficult for children under five (5) years of age to open, but not normally difficult for adults to use properly);

22-C DCMR § 5607.13 (A cultivation center or dispensary shall not use or allow the use of any content, image, or labeling on a medical marijuana product that is offered for sale if the container does not precisely and clearly indicate the nature of the contents or that in any way may deceive a customer as to the nature, composition, quantity, age, or quality of the product);

22-C DCMR § 5607.14 (Packaging of edible medical marijuana products or medical marijuana-infused products shall not bear any: (a) Resemblance to the trademarked, characteristic or product-specialized packaging of any commercially available candy, snack, baked good or beverage; (b) Statement, artwork or design that could reasonably mislead any person to believe that the package contains anything other than an edible medical marijuana product or medical marijuana-infused products; or (c) Seal, flag, crest, coat of arms, or other insignia that could reasonably mislead any person to believe that the product has been endorsed, manufactured, or used by any state, county or municipality or any agency thereof);

22-C DCMR § 5608.3 (Marijuana-infused products that are especially appealing to children are prohibited);

22-C DCMR § 5608.4 (Marijuana-infused edible products such as, but not limited to, gummy candies, lollipops, cotton candy, or brightly colored products, are prohibited);

22-C DCMR § 5608.5 (A cultivation center shall not process or transfer a marijuana item that by its shape, design or flavor is likely to appeal to minors, including but not limited to products that are modeled after non-cannabis products primarily consumed by and marketed to children; or products in the shape of an animal, vehicle, person or character. Also, a cultivation center shall not process or transfer a marijuana item that is made by applying cannabinoid concentrates or extracts to commercially available candy or snack food items; or that contains dimethyl sulfoxide (DMSO));

22-C DCMR § 5609.1 (Medical marijuana shall be subject to testing for quality assurance and safety purposes);

22-C DCMR § 5610.1 (A cultivation center shall be required to operate and maintain in good working order a twenty-four (24) hour, seven (7) days a week, a closed circuit television (CCTV) surveillance system on the premises);

22-C DCMR § 5610.2 (A cultivation center shall install, maintain, and use a professionally monitored robbery and burglary alarm system);

22-C DCMR § 5617.1 (A cultivation center shall be required for security purposes to have sufficient lighting outside of the registered business each day between sunset and sunrise that adequately illuminates the cultivation center and its immediate surrounding area);

22-C DCMR § 5619.1 (Medical marijuana shall only be handled in designated limited access areas of the cultivation center. A cultivation center shall permit only those persons registered with the Department to enter limited access areas);

22-C DCMR § 5619.2 (Limited access areas shall only be those areas identified on cultivation center application);

22-C DCMR § 5619.5 (It shall be a violation for registered or non-registered persons to be in limited access areas without registration identification visually displayed); and

22-C DCMR § 5621.2 (A cultivation center or its contracted agent shall not transport medical marijuana within the District of Columbia without an original transport permit. A cultivation center shall permit only an employee, director, officer, member, incorporator, or agent registered with the Department or its contracted agent to transport medical marijuana to a registered dispensary).

3671.2 Violation of any of the following provisions shall be a Class 2 infraction:

22-C DCMR § 5604.7 (A registered cultivation center shall notify the Department within seven (7) calendar days of discovering any manager's arrest or conviction for any crime other than minor traffic violations);

22-C DCMR § 5607.3 (The label shall include all ingredients contained in the product, in order from most abundant to least abundant. The label for ingestible items shall identify potential food allergy ingredients, including milk, eggs, fish, shellfish, tree nuts, peanuts, wheat and soybeans. The product shall be packaged in a sealed container that cannot be opened without obvious damage to the packaging);

22-C DCMR § 5607.5 (All medical marijuana shall be labeled with a list of all chemical additives);

22-C DCMR § 5610.3 (A cultivation center shall notify the Department within twenty-four (24) hours of any incident triggering an alarm, and file a written report);

22-C DCMR § 5617.2 (Outdoor lighting shall be hooded or oriented so as to deflect light away from adjacent properties. (Willful conduct demonstrated; for example, repeated occurrences));

22-C DCMR § 5618.2 (A cultivation center shall be staffed with at least two (2) persons when employees are present inside of the cultivation center);

22-C DCMR § 5620.1 (A cultivation center is forbidden from using any of the following substances or techniques: (a) Synthetic pesticides; (b) Fertilizer or composted plant and animal material that contains a substance prohibited by this section; (c) Sewage sludge; (d) Synthetic growth regulators; (e) Synthetic allopathic veterinary drugs; (f) Synthetic processing substances, aids and ingredients, and food additives and processing aids; (g) Equipment, packaging materials and storage containers, or bins that contain synthetic fungicide, preservative or fumigant; (h) Any pesticide, fungicide, fertilizer, rodenticides, or drugs banned by the Department of Agriculture or Food and Drug Administration; or (i) Any other substances or techniques deemed unlawful by the Department); and

22-C DCMR § 5620.2 (A cultivation center shall not harvest medical marijuana before the plant is sixty (60) days old starting from the day the seed or clone is planted).

Violation of any of the following provisions shall be a Class 3 infraction:

22-C DCMR § 5608.2 (Marijuana-infused products that require cooking or baking by the consumer are prohibited);

22-C DCMR § 5613.1 (A cultivation center shall surrender its registration within three (3) calendar days of discontinuing its operation);

22-C DCMR § 5616.3 (A cultivation center shall post a sign provided by the Department at all areas of ingress and egress to limited access areas, which reads: “Access to this area is restricted to persons registered with the Department visibly displaying a registration identification card.”);

22-C DCMR § 5619.3 (A dispensary shall post a sign provided by the Department at all areas of ingress and egress); and

22-C DCMR § 5619.4 (Persons registered by the Department shall wear their registrations at all times while in limited access areas).

3671.4 Violation of any of the following provisions shall be a Class 4 infraction:

22-C DCMR C § 5610.3 (A cultivation center shall maintain for three (3) years the reports of any incident triggering an alarm, and shall make those reports available during inspection).

3671.5 Violation of any of the following provisions shall be a Class 5 infraction:

22-C DCMR § 5617.2 (Outdoor lighting shall be hooded or oriented so as to deflect light away from adjacent properties. (Single occurrence, with no evidence of willful conduct)).

History

SOURCE: Final Rulemaking published at 65 DCR 4826 (May 4, 2018). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3671

16 DCMR § 3672 CULTIVATION CENTER PROHIBITED AND RESTRICTED ACTIVITIES

3672.1 Violation of any of the following provisions shall be a Class 1 infraction:

22-C DCMR § 5701.1 (A cultivation center shall not be permitted to sell medical marijuana to qualified patients or caregivers);

22-C DCMR § 5701.2 (Unlawful for a cultivation center to sell or distribute medical marijuana to a person or entity other than a dispensary registered in the District of Columbia);

22-C DCMR § 5701.3 (It shall be unlawful for a cultivation center to sell medical marijuana from plants not grown at a registered location in the District of Columbia);

22-C DCMR § 5703.2 (A cultivation center shall not be permitted to deliver medical marijuana to any premises other than the specific registered premises of the dispensary where the medical marijuana is to be sold);

22-C DCMR § 5704.1 (A cultivation center shall be permitted to possess and cultivate up to the number of living marijuana plants permitted under the Legalization of Marijuana for Medical Treatment Initiative of 1999 at any one (1) time for the sole purpose of producing medical marijuana in a form permitted under this subtitle);

22-C DCMR § 5705.1 (A cultivation center shall not permit the consumption of medical marijuana at the registered premises in any form. The cultivation center shall dispense or distribute medical marijuana in a closed container that shall not be opened after sale, or the contents consumed, on the premises where sold);

22-C DCMR § 5705.2 (It shall be a violation for a cultivation center to have on the registered premises any medical marijuana or marijuana paraphernalia that shows evidence of the medical marijuana having been consumed or partially consumed);

22-C DCMR § 5708.1 (It shall be a violation of this subtitle for a cultivation center, or a director, officer, member, incorporator, agent, or employee of a cultivation center to provide financial compensation, an office, or anything of value to an authorized practitioner who recommends the use of medical marijuana. (Single occurrence with evidence of willful conduct; or repeat occurrences demonstrating willful conduct)); and

22-C DCMR § 5710.1 (A cultivation center shall not permit medical marijuana or paraphernalia to be visible from any public or other property not owned by the cultivation center).

3672.2 Violation of the following provision shall be a Class 2 infraction:

22-C DCMR § 5702.1 (No driver of a commercial or public vehicle in the District of Columbia shall have in his or her possession, while in or on the vehicle, any opened or unsealed package containing medical marijuana);

22-C DCMR § 5706.1 (A cultivation center shall not require, directly or indirectly, a dispensary to purchase any type of medical marijuana or other commodity in order to purchase any other medical marijuana product);

22-C DCMR § 5707.2 (A person under twenty-one (21) years of age shall not be employed by a cultivation center to grow or cultivate medical marijuana); and

History

SOURCE: Final Rulemaking published at 65 DCR 4826 (May 4, 2018). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3672

16 DCMR § 3673 CULTIVATION CENTER ADVERTISING VIOLATIONS

3673.1 Violation of any of the following provisions shall be a Class 2 violation:

22-C DCMR § 5800.2 (Advertisements relating to medical marijuana shall not be displayed on the exterior of any window or on the exterior or interior of any door. (Willful conduct demonstrated; for example, repeated occurrences));

22-C DCMR § 5800.3 (No sign advertising medical marijuana on the exterior or visible from the exterior of any registered establishment or elsewhere in the District shall be illuminated at any time. (Willful conduct demonstrated; for example, repeated occurrences));

22-C DCMR § 5801.1 (A registered cultivation center shall not use any picture or illustration that depicts a child or immature person, or objects (such as toys), suggestive of the presence of a child, and any statement, design, device, picture, or illustration designed to be especially appealing to children or immature persons); and

22-C DCMR C § 5801.2 (A statement that is known by the cultivation center to be false or misleading with respect to advertised price charged to the qualified patient, ingredients of medical marijuana, source of manufacturer, or statements as to health benefits, shall be prohibited).

3673.2 Violation of any of the following provisions shall be a Class 4 violation:

22-C DCMR § 5800.1 (Advertisements relating to the prices of medical marijuana shall not be displayed in the window of a registered establishment);

22-C DCMR § 5800.3 (No sign advertising medical marijuana on the exterior or visible from the exterior of any registered establishment or elsewhere in the District shall be illuminated at any time. (Single occurrence, with no evidence of willful conduct)).

History

SOURCE: Final Rulemaking published at 65 DCR 4826 (May 4, 2018). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3673

16 DCMR § 3674 CULTIVATION CENTER RECORDS AND REPORTING VIOLATIONS

3674.1 Violation of any of the following provisions shall be a Class 1 violation:

22-C DCMR § 5900.1 (Each registered cultivation center shall keep and maintain upon the registered premises true, complete, legible, and current books and records. (Willful conduct demonstrated; for example, repeated occurrences));

22-C DCMR § 5901.1 (With each sale of medical marijuana, the cultivation center shall cause to be made in duplicate an invoice of the sale. (Willful conduct demonstrated; for example, repeated occurrences));

22-C DCMR § 5901.2 (With each sale, the invoice shall be prepared in duplicate, and shall be consecutively numbered. (Willful conduct demonstrated; for example, repeated occurrences));

22-C DCMR § 5901.3 (All invoices and delivery slips shall be systematically filed and maintained for a period of four (4) years from date of delivery. (Willful conduct demonstrated; for example, repeated occurrences));

22-C DCMR § 5903.2 (Registration holders subject to this section shall, on or before the thirtieth (30th) day of July and January, furnish to the Department on a form to be prescribed by the Department a statement showing the required information. (Willful conduct demonstrated; for example, repeated occurrences));

22-C DCMR § 5906.1 (The books and records referred to in this chapter, including the original and duplicate invoices, shall be open to inspection by the Department or its designated agent, and the OTR, during the establishment's approved hours of operation. (Willful conduct demonstrated; for example, repeated occurrences)); and

22-C DCMR § 5906.2 (A cultivation center shall keep and maintain all books and records referred to in this chapter on the registered premises for a period of four (4) years after the latest transaction recorded in those books and records. (Willful conduct demonstrated; for example, repeated occurrences)).

3674.2 Violation of the following provisions shall be a Class 2 violation:

22-C DCMR § 5900.1 (Each registered cultivation center shall keep and maintain upon the registered premises true, complete, legible, and current books and records. (Single occurrence, with no evidence of willful conduct));

22-C DCMR § 5901.1 (With each sale of medical marijuana, the cultivation center shall cause to be made in duplicate an invoice of the sale. (Single occurrence, with no evidence of willful conduct));

22-C DCMR § 5901.2 (With each sale, the invoice shall be prepared in duplicate, and shall be consecutively numbered. (Single occurrence, with no evidence of willful conduct));

22-C DCMR § 5901.3 (All invoices and delivery slips shall be systematically filed and maintained for a period of four (4) years from date of delivery. (Single occurrence, with no evidence of willful conduct));

22-C DCMR § 5903.2 (Registration holders subject to this section shall, on or before the thirtieth (30th) day of July and January, furnish to the Department on a form to be prescribed by the Department a statement showing the required information. (Single occurrence, with no evidence of willful conduct));

22-C DCMR § 5906.1 (The books and records referred to in this chapter, including the original and duplicate invoices, shall be open to inspection by the Department or its designated agent, and the OTR, during the establishment's approved hours of operation. (Single occurrence, with no evidence of willful conduct)); and

22-C DCMR § 5906.2 (A cultivation center shall keep and maintain all books and records referred to in this chapter on the registered premises for a period of four (4) years after the latest transaction recorded in those books and records. (Single occurrence, with no evidence of willful conduct)).

3674.3 Violation of the following provision shall be a Class 4 violation:

History

SOURCE: Final Rulemaking published at 65 DCR 4826 (May 4, 2018). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3674

16-37 DEPARTMENT OF INSURANCE, SECURITIES, AND BANKING INFRACTIONS

16 DCMR § 3700 ADMINISTRATIVE PROCEDURES AND SCHEDULE OF FINES APPLICABLE

3700.1 The civil infractions set forth in this chapter are subject to the provisions of Chapter 31 (Administrative Procedures) and Chapter 32 (Schedule of Fines) of this title.

History

SOURCE: Final Rulemaking published at 52 DCR 4903 (May 27, 2005). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3700

16 DCMR § 3701 DEPARTMENT OF INSURANCE, SECURITIES, AND BANKING INFRACTIONS

3701.1 [RESERVED]

3701.2 Violation of the following provision shall be a Class 2 infraction: Section 3 An Act To confer additional jurisdiction upon the Superintendent of Insurance for the District of Columbia to regulate domestic stock insurance companies and to exempt such companies from Section 12(g)(1) of the Securities Exchange Act of 1934, approved Apr. 18, 1966 (80 Stat. 123; D.C. Official Code § 31-603(i)) (failure to comply with a provision or rule concerning domestic stock insurance companies).

3701.3 Violation of any provision of the following statutes or rules issued pursuant thereto, which provision or rule is not cited elsewhere in this section, shall be a Class 3 infraction:

(a) An Act to regulate marine insurance within the District of Columbia, approved Mar. 4, 1922 (42 Stat. 401; D.C. Official Code §§ 31-2602 et seq.); or

(b) The Fire and Casualty Act, approved Oct. 9, 1940 (54 Stat. 1063; D.C. Official Code §§ 31-2501 et seq.).

History

SOURCE: Final Rulemaking published at 52 DCR 4903 (May 27, 2005). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3701

16-38 OFFICE OF PLANNING INFRACTIONS

16 DCMR § 3800 ADMINISTRATIVE PROCEDURES AND SCHEDULE OF FINES APPLICABLE

3800.1 The civil infractions set forth in this chapter are subject to the provisions of Chapter 31 (Administrative Procedures) and Chapter 32 (Schedule of Fines) of this title.

History

SOURCE: Final Rulemaking published at 52 DCR 4903 (May 27, 2005). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3800

16 DCMR § 3801 HISTORIC PRESERVATION INFRACTIONS

3801.1 [RESERVED]

3801.2 Violations of any of the following provisions shall be a Class 2 infraction:

(a) Sections 5, 6 and 8 of the Historic Landmark and Historic District Protection Act of 1978, effective, March 3, 1979 (D.C. Law 2-144; D.C. Official Code §§ 6-1104, 6-1105, 6-1107) (failure to comply with the permit review procedures for demolition, alteration, or construction of buildings or structures in historic districts or which are themselves historic landmarks);

(b) 10-A DCMR § 410 and § 411 (failure to comply with terms or conditions of approval by the Historic Preservation Office, Historic Preservation Review Board, or Mayor's Agent); and

(c) Section 5b(a) of the Historic Landmark and Historic District Protection Act of 1978, effective April 27, 2001 (D.C. Law 13-281; D.C Official Code § 6-1104.02(a)) (failure to protect a historic building or structure from demolition by neglect).

3801.3 Violation of the following provision shall be a Class 3 infraction:

(a) Section 5a (a) of the Historic Landmark and Historic District Protection Act of 1978 (D.C Official Code § 6-1104.01(a)) (failure to protect a historic building or structure against decay and deterioration).

History

SOURCE: Final Rulemaking published at 52 DCR 4903 (May 27, 2005). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3801

16-40 DEPARTMENT OF THE ENVIRONMENT (DDOE) INFRACTIONS

16 DCMR § 4001 AIR QUALITY INFRACTIONS

4001.1 In addition to §§ 4001.2, 4001.3, and 4001.4, violation of any of the following provisions shall be a Class 1 infraction:

D.C. Official Code § 8-111.08 (continuing work stopped by a Department order);

20 DCMR § 107.1 (failure to have operative or effective air pollution control device or practice);

(c) 20 DCMR § 107.4 (installation or use of any article, machine, equipment, device or contrivance which conceals an air pollution emission);

(d) 20 DCMR § 200.1 (failure to obtain air pollution construction or modification permit);

(e) 20 DCMR § 200.2 (failure to obtain air pollution operating permit);

(f) 20 DCMR § 200.3 (failure to comply with the requirements of 20 DCMR Chapter 2 during approved temporary operation of a source);

(g) 20 DCMR § 204.4 (failure of new major stationary source or major modification in a nonattainment area to comply with lowest achievable emission rate);

(h) 20 DCMR § 204.5 (failure to obtain permit that incorporates requirements specified in 20 DCMR §§ 204.18 and 204.19 prior to construction of a new major stationary source or major modification in a nonattainment area);

(i) 20 DCMR § 205.1 (failure to comply with New Source Performance Standards in 40 C.F.R. Part 60);

(j) 20 DCMR § 208.4 (failure of source operating under PAL permit to comply with applicable requirements established prior to effective date of permit);

(k) 20 DCMR § 208.15 (failure to comply with emission limitation requirements following expiration of PAL effective period);

(l) 20 DCMR § 209.3 (failure to meet requirements for operating emission control technologies or pollution prevention methodologies for non-major stationary sources);

(m) 20 DCMR § 303.2 (operating without a permit after the time required to submit a timely and complete permit application);

(n) 20 DCMR § 303.3(b) (operating after expiration of permit);

(o) 20 DCMR § 401.7 (failure to timely prepare an emergency episode abatement plan);

(p) 20 DCMR § 401.10 (failure to comply immediately with abatement order or notice);

(q) 20 DCMR § 500.9 (failure to submit statement of NOx and VOC emissions);

(r) 20 DCMR § 501.1 (failure to install/maintain/operate monitoring devices);

(s) 20 DCMR § 501.2 (failure to conduct ambient monitoring);

(t) 20 DCMR § 501.3 (failure to comply with ambient monitoring requirements);

(u) 20 DCMR § 502.10 (failure to comply with specification(s) for monitoring and recording equipment or with provisions for installation, calibration, operation, and maintenance of equipment);

(v) 20 DCMR § 600.1 (failure to comply with PM standard for fuel-burning equipment);

(w) 20 DCMR §§ 602.1, 602.2, 602.3, 602.4, 602.5, or 602.6 (failure to comply with incinerator operating standards);

(x) 20 DCMR § 603.1 (failure to comply with PM emission limits);

(y) 20 DCMR § 603.3 (adding diluted air to the exhaust gas stream to avoid compliance with 20 DCMR §§ 603.1 through 603.2); or

(z) 20 DCMR § 711.1 (failure to have mechanical seals or approved equivalent for pumps and compressors).

4001.2 In addition to §§ 4001.1, 4001.3 and 4001.4, violation of any of the following provisions shall be a Class 1 infraction:

20 DCMR § 712.1 (failure to comply with limitations on waste gas emission from ethylene producing plant or source using ethylene);

20 DCMR § 713.1 (failure to meet requirements for emission of hydrocarbon gases from vapor blow-down system);

(d) 20 DCMR § 720.1 (selling, supplying, offering for sale, or manufacturing consumer products that exceed VOC limits);

(e) 20 DCMR § 724.1 (selling, supplying, offering for sale, or manufacturing consumer products containing specified ozone depleting compounds);

(f) 20 DCMR § 725.2 (selling, supplying, offering for sale, using, or manufacturing aerosol adhesive that contains VOCs in excess of standards specified in 20 DCMR § 720.1);

(g) 20 DCMR § 725.5 (selling, supplying, offering for sale, or manufacturing any aerosol adhesive containing methylene chloride, perchloroethylene, or trichloroethylene);

(h) 20 DCMR § 726.1 (selling, supplying, offering for sale, or manufacturing antiperspirant or deodorant containing toxic air contaminant);

(i) 20 DCMR § 727.1 (selling, supplying, offering for sale, or manufacturing any contact adhesive, electronic cleaner, footwear or leather care product, or general purpose degreaser containing methylene chloride, perchloroethylene, or trichloroethylene);

(j) 20 DCMR § 728.1 (selling, supplying, offering for sale, or manufacturing any adhesive remover, electrical cleaner, or graffiti remover containing methylene chloride, perchloroethylene, or trichloroethylene);

(k) 20 DCMR § 729.1 (selling, supplying, offering for sale, or manufacturing any solid air freshener or toilet/urinal care products containing para-dichlorobenzene);

(l) 20 DCMR § 730.1 (failure to comply with requirements for selling, supplying, or offering for sale any charcoal lighter material);

(m) 20 DCMR § 735.9 (failure to comply with ACP agreement);

(n) 20 DCMR § 735.12 (failure to calculate and reconcile ACP shortfalls);

(o) 20 DCMR § 735.20(a) (failure to reconcile ACP shortfalls following cancellation of ACP);

(p) 20 DCMR § 744.1 (selling, supplying, offering for sale, or manufacturing any adhesive, sealant, adhesive primer, or sealant primer that exceeds VOC content limits);

(q) 20 DCMR § 744.2 (using or applying any adhesive, sealant, adhesive primer, or sealant primer that exceeds VOC content limits);

(r) 20 DCMR § 744.4 (failure to comply with requirements for use of surface preparation or cleanup solvents);

(s) 20 DCMR § 744.7 (soliciting, specifying, or requiring use of adhesive, sealant, adhesive primer, sealant primer, or surface preparation or cleanup solvent that results in violation of 20 DCMR Chapter 7);

(t) 20 DCMR § 770.5 (failure to comply with requirements for use of industrial cleaning solvents);

(u) 20 DCMR § 774.1 (manufacturing, blending, supplying, selling, offering for sale, applying, or soliciting application of an AIM coating that exceeds specified VOC content);

(v) 20 DCMR § 774.5 (applying AIM coating that is thinned to exceed VOC limit);

(w) 20 DCMR § 774.6 (applying or soliciting application of AIM rust preventative coating that exceeds VOC limit);

(x) 20 DCMR § 800.1 (failure to comply with federal asbestos requirements for demolition and renovation, spray-on applications, waste disposal, air cleaning, and active waste disposal sites as provided in 40 C.F.R. §§ 61.145, 61.146, 61.150, 61.152, and 61.154);

(y) D.C. Official Code § 8-111.04 or 20 DCMR § 800.1(b)-(c) (failure to obtain asbestos abatement permit or license); or

(z) 20 DCMR § 800.3 (failure to comply with requirements for obtaining an asbestos abatement permit or license).

4001.3 In addition to §§ 4001.1, 4001.2 and 4001.4, violation of any of the following provisions shall be a Class 1 infraction:

20 DCMR § 800.5 (failure to comply with requirements for applying for or renewing an asbestos abatement permit or license);

20 DCMR § 800.6(a), (b), (c), (d), (e), or (f) (failure to comply with requirements for providing asbestos worker protection);

(c) 20 DCMR § 800.7(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), or (l) (failure to implement asbestos abatement control measures);

(d) 20 DCMR § 801.1 (purchasing, selling, offering for sale, storing, transporting, or using fuel oil which contains more than one percent (1%) sulfur);

(e) 20 DCMR § 802.1 (purchasing, selling, offering for sale, storing, transporting, or using coal which contains more than one percent (1%) sulfur);

(f) 20 DCMR § 803.1 (failure to comply with sulfur emission limit);

(g) 20 DCMR § 803.3 (adding diluted air to the exhaust gas stream to avoid compliance with sulfur emission limit);

(h) 20 DCMR § 804.1 (failure to comply with NOx standard for fuel burning equipment);

(i) 20 DCMR § 805.4(a) (failure to comply with combustion turbine emission standards);

(j) 20 DCMR § 805.4(d) (failure to maintain continuous compliance with combustion turbine emission standards as demonstrated by testing or continuous emission monitoring system);

(k) 20 DCMR § 805.5(b) or (c) (failure to comply with NOx emission rates for fossil-fuel-fired steam-generating units);

(l) 20 DCMR § 805.5(e) (failure to maintain continuous compliance with NOx emission rates for fossil-fuel-fired steam-generating units as demonstrated by testing or continuous emission monitoring system);

(m) 20 DCMR § 805.6(a) or (b) (failure to comply with NOx emission rates for asphalt concrete plants);

(n) 20 DCMR § 805.6(d) (failure to maintain continuous compliance with NOx emission rates for asphalt concrete plants as demonstrated by testing or continuous emission monitoring system);

(o) 20 DCMR § 805.7(a) (emissions in excess of an emission rate achievable through the implementation of RACT as demonstrated in an emission control plan);

(p) 20 DCMR § 805.7(b) (failure to reduce emissions as required by RACT emission control plan);

(q) 20 DCMR § 805.7(d) (failure to install and operate a CEM); or

(r) 20 DCMR § 805.8 (failure to comply with requirements for adjusting combustion process).

4001.4 In addition to §§ 4001.1, 4001.2, and 4001.3, violation of any of the following provisions shall be a Class 1 infraction:

(a) [RESERVED]

4001.5 In addition to §§ 4001.6, 4001.7, 4001.8 and 4001.9, violation of any of the following provisions shall be a Class 2 infraction:

(a) 20 DCMR § 107.2 (failure to provide required notice of air pollution control equipment shutdown);

(b) 20 DCMR § 107.3 (failure to comply with an air pollution control notice concerning operation during a period of maintenance or repair);

(d) 20 DCMR § 208.24 (failure to use a PAL monitoring system that meets specified requirements);

(e) 20 DCMR § 208.35 (failure to submit required semiannual PAL monitoring reports or prompt deviation reports);

(f) 20 DCMR § 301.1 (failure to submit a timely and complete permit application or renewal);

(g) 20 DCMR § 302.9 (failure to keep records or notify of changes in operations or emissions);

(h) 20 DCMR § 302.2 (failure to comply with terms and conditions of permit issued under 20 DCMR Chapter 3);

(i) 20 DCMR § 303.8 (failure to follow procedures for applying for termination of permit);

(j) 20 DCMR § 500.1 (failure to file written reports);

(k) 20 DCMR § 500.2 (failure to maintain/provide records regarding emissions);

(l) 20 DCMR § 502.1 (failure to conduct air pollutant emission tests);

(m) 20 DCMR § 502.2 (failure to provide sampling facility/fuel sample);

(n) 20 DCMR § 502.5 (failure to properly undertake NOx, SO2, or PM emissions tests);

(o) 20 DCMR § 502.6 (failure to properly undertake tests for sulfur content of fuels);

(p) 20 DCMR § 502.14 (failure to properly undertake tests of sources of hazardous air pollutants);

(q) 20 DCMR § 502.16 (failure to properly perform tests of gasoline and gasoline-oxygenate blends);

(r) 20 DCMR § 502.17 (failure to properly perform tests for emissions of volatile organic compounds);

(s) 20 DCMR § 600.2 (failure to properly test for PM emissions from fuel burning equipment);

(t) 20 DCMR § 600.3 (failure to properly test for PM emissions from fuel burning equipment equipped for the blowing of soot);

(u) 20 DCMR § 600.4 (specially tuning or optimizing fuel burning equipment before performance testing);

(v) 20 DCMR § 600.6 (failure to use method in 40 C.F.R. § 60.45(f)(5) when calculating performance test results for fuel burning equipment);

(w) 20 DCMR § 600.7 (blowing of soot from solid fuel burning equipment between 4:00 p.m. and 10:00 a.m.);

(x) 20 DCMR § 601.1 (selling/installing/using rotary cup burner);

(y) 20 DCMR § 601.2 (selling/using fuel oil in rotary cup burner); or

(z) 20 DCMR § 605.1 (failure to minimize fugitive dust).

4001.6 In addition to §§ 4001.5, 4001.7, 4001.8 and 4001.9, violation of any of the following provisions shall be a Class 2 infraction:

(a) 20 DCMR § 605.2 (emission of fugitive dust from other specified activities);

(b) 20 DCMR § 606.1 (visible emission from stationary source);

(d) 20 DCMR § 606.3(a), (b), (c), or (d) (failure to comply with requirements for an exception to 20 DCMR § 606.1);

(e) 20 DCMR § 606.4 (failure to maintain/operate equipment as required);

(f) 20 DCMR § 606.6 (failure to adequately train/supervise personnel);

(g) 20 DCMR § 700.2 (failure to comply with VOC emissions limits);

(h) 20 DCMR §§ 701.1, 701.4, 701.5, 701.6, 701.7, 701.8, 701.9, 701.10, 701.11, 701.13 (failure to comply with requirements for storage of petroleum liquid);

(i) 20 DCMR §§ 703.1, 703.2, 703.3, 703.4, 703.5, 703.6, or 703.7 (failure to comply with requirements for maintaining/operating terminal vapor recovery system);

(j) 20 DCMR § 704.1 (failure to transfer volatile organic compounds or gasoline from delivery vessel to stationary source container as prescribed);

(k) 20 DCMR § 704.2 (Stage I vapor recovery system does not include a return line or condensation system);

(l) 20 DCMR § 704.3 (vapor-tight return system is not properly constructed);

(m) 20 DCMR § 704.4(a) (delivery vessel not refilled at facility with ninety percent (90%) vapor recovery system);

(n) 20 DCMR § 704.4(b) (failure to conduct annual delivery vessel leak test);

(o) 20 DCMR § 704.4(d) (failure to remove failed delivery vessel from service);

(p) 20 DCMR § 705.1 (failure to use prescribed equipment to transfer gasoline to any vehicular fuel tank from any stationary storage container);

(q) 20 DCMR § 708.2 (failure to comply with emission limits for non-photochemically reactive solvents);

(r) 20 DCMR § 709.1 (manufacturing, mixing, storing, using, or applying cutback asphalt between April 1st and September 30th);

(s) 20 DCMR § 710.1 (failure to operate in compliance with requirements for intaglio, flexographic, or rotogravure printing);

(t) 20 DCMR § 710.4 (failure to comply with VOC limits for inks, wiping solutions, and fountain solutions for intaglio, flexographic, or rotogravure printing);

(u) 20 DCMR § 710.10 (failure to minimize ink usage in intaglio printing);

(v) 20 DCMR § 710.12 (failure to minimize and restrict openings of containers that hold or convey VOC-containing materials in connection with intaglio, flexographic, or rotogravure printing);

(w) 20 DCMR § 710.13 (failure to prevent leaking from printing unit/equipment in connection with intaglio, flexographic, or rotogravure printing);

(x) 20 DCMR § 710.14 (failure to properly store or dispose of any solvent-containing material in connection with intaglio, flexographic, or rotogravure printing);

(y) 20 DCMR § 710.15 (failure to minimize use of VOC-containing material in operation of intaglio, flexographic, or rotogravure printing units/equipment); or

(z) 20 DCMR § 714.1 (failure to comply with VOC emission limit for units within a specified Control Techniques Guidelines category).

4001.7 In addition to §§ 4001.5, 4001.6, 4001.8 and 4001.9, violation of any of the following provisions shall be a Class 2 infraction:

(a) 20 DCMR § 714.7 (failure of facility subject to 20 DCMR § 714.1(a) to comply with requirements for storage, spills, conveyance, closing of containers, or cleaning of VOC-containing materials);

(b) 20 DCMR § 714.8 (failure of a facility subject to 20 DCMR § 714.1 to maintain required emissions and compliance records);

(c) 20 DCMR § 716.1 (failure to operate in compliance with requirements for offset lithography or letterpress printing operations);

(d) 20 DCMR § 716.5 (failure to comply with VOC limits for fountain solution used in offset lithography printing operations before January 1, 2012);

(e) 20 DCMR § 716.6 (failure to comply with VOC limits for fountain solution used in offset lithography printing operations after January 1, 2012);

(f) 20 DCMR § 716.8 (failure to comply with VOC limits for cleaning solutions used in offset lithography and letterpress printing operations);

(g) 20 DCMR § 716.9 (failure to keep cleaning solutions and towels in closed containers in conjunction with offset lithography or letterpress printing operations);

(h) 20 DCMR § 716.16 (using dryers or inks without reducing VOC emissions as specified in conjunction with specified heatset web offset lithography or heatset letterpress printing operations);

(i) 20 DCMR § 716.17 (adding diluent air to exhaust gas stream to comply with 20 DCMR § 716.16);

(j) 20 DCMR § 716.20 (failure to install, calibrate, maintain, and operate temperature monitoring device for specified lithography or letterpress printing operations);

(k) 20 DCMR § 716.21 (failure to comply with requirements relating to openings of containers of VOC-containing materials in conjunction with offset lithography or letterpress printing operations);

(l) 20 DCMR § 716.22 (failure to comply with requirements relating to leakage of VOC-containing materials in conjunction with offset lithography or letterpress printing operations);

(m) 20 DCMR § 716.23 (failure to comply with requirements relating to storage or disposal of VOC-containing materials in conjunction with offset lithography or letterpress printing operations);

(n) 20 DCMR § 716.24 (failure to minimize use of VOC-containing material in operation of offset lithography or letterpress printing units/equipment);

(o) 20 DCMR § 716.25 (failure of offset lithography or letterpress printing operation to maintain required emissions and compliance records);

(p) 20 DCMR §§ 717.1, 717.2, or 717.3 (failure to comply with operating and emissions control requirements of groundwater remediation systems);

(q) 20 DCMR § 718.3 (application of mobile equipment repair and refinishing coatings exceeding VOC limits);

(r) 20 DCMR § 718.5 (failure to use a proper application technique for mobile equipment repair and refinishing coatings);

(s) 20 DCMR § 727.3 (failure to provide written notice of sell-through period for contact adhesives, electronic cleaners, footwear or leather care products, or general purpose degreasers containing methylene chloride, perchloroethylene, or trichloroethylene);

(t) 20 DCMR § 728.3 (failure to provide written notice of sell-through period for adhesive removers, electrical cleaners, or graffiti removers containing methylene chloride, perchloroethylene, or trichloroethylene);

(u) 20 DCMR § 729.3 (failure to provide written notice of sell-through period for solid air fresheners or toilet/urinal care products that contain para-dichlorobenzene);

(v) 20 DCMR §§ 733.1, 733.2, 733.3, or 733.5 (failure to report information on consumer products);

(w) 20 DCMR § 734 (failure to comply with testing methods or maintain accurate records for consumer products);

(x) 20 DCMR § 744.6 (failure of any person using adhesives, sealants, adhesive primers, sealant primers, or surface preparation or cleanup solvents to comply with requirements for storage and disposal, spills, conveyance, closing of containers, or cleaning of equipment);

(y) 20 DCMR § 745.5 (failure to maintain monthly operational records demonstrating exemption from requirements for adhesives, sealants, adhesive primers, sealant primers, cleanup solvents, or surface preparation solvents); or

(z) 20 DCMR §§ 746.1, 746.2, 746.3, or 746.4 (failure to maintain records of compliance with regulations relating to adhesives and sealants).

4001.8 In addition to §§ 4001.5, 4001.6, 4001.7 and 4001.9, violation of any of the following provisions shall be a Class 2 infraction:

(a) 20 DCMR § 747 (failure to comply with test methods and compliance procedures for adhesives and sealants);

(b) 20 DCMR § 749 (failure to use proper methods for applying adhesives and sealants);

(c) 20 DCMR § 752.1 (selling, offering for sale, advertising, manufacturing, introducing, delivering, or importing portable fuel containers and spouts not certified through CARB or covered by a CARB Executive Order);

(d) 20 DCMR § 755 (failure to follow portable fuel container and spout testing procedures);

(e) 20 DCMR § 770.8 (failure to provide written information to purchaser of solvents for use in solvent cleaning operation);

(f) 20 DCMR § 770.10 (failure to maintain records on applicability of and compliance with requirements for industrial cleaning solvents);

(g) 20 DCMR § 771.3 (failure to comply with requirements for storage, spills, conveyance, closing of vessels, minimizing emissions, or cleaning of VOC-containing materials in connection with operations and processes subject to 20 DCMR § 771.1);

(h) 20 DCMR § 771.4 (failure to maintain records in connection with operations and processes subject to 20 DCMR § 771.1);

(i) 20 DCMR § 778 (failure to comply with testing methods for AIM products);

(j) 20 DCMR § 800.4(b) (failure to properly notify of resilient floor covering removals);

(k) 20 DCMR § 805.3(a), (c), (d), (e), and (f) (failure to timely submit and receive approval for an emission control plan prior to implementation of NOx RACT);

(l) 20 DCMR § 805.7(e) (failure to maintain and make available daily records demonstrating compliance with NOx emission rates);

(m) 20 DCMR § 805.7(f) (failure to perform tests that demonstrate NOx compliance); or

(n) D.C. Official Code § 8-111.11 (failure to maintain and make available asbestos abatement records).

4001.9 In addition to §§ 4001.5, 4001.6, 4001.7, and 4001.8, violation of any of the following provisions shall be a Class 2 infraction:

(a) [RESERVED]

4001.10 In addition to § 4001.11, violation of any of the following provisions shall be a Class 3 infraction:

(a) 20 DCMR § 200.6(g) (failure to maintain and make available upon request individual response document regarding source category permit application);

(b) 20 DCMR §§ 200.7 or 200.8 (failure to submit permit applications on the correct forms or to supply necessary data and information);

(c) 20 DCMR § 204.17 (failure of a project not considered a major modification to maintain, make available, and submit with permit application required information);

(d) 20 DCMR §§ 208.17 or 208.18 (failure to submit a timely and complete application to request renewal of a PAL);

(e) 20 DCMR § 301.2 (failure to promptly submit supplementary, corrected, or additional information in connection with permit application);

(f) 20 DCMR § 301.3 (failure to submit a timely and complete permit application on the prescribed forms or to include all necessary and required information);

(g) 20 DCMR § 502.4 (failure to submit test reports as required);

(h) 20 DCMR § 730.5 (failure to submit written application with required information for certification of charcoal lighter material formulation);

(i) 20 DCMR § 735.8 (failure to maintain and make available ACP records);

(j) 20 DCMR §§ 764.2, 764.3, 764.4, 764.5, 764.6, or 764.7 (failure to comply with requirements for cold cleaning machines);

(k) 20 DCMR §§ 765.2, 765.3, 765.4, or 765.5 (failure to comply with requirements for batch vapor cleaning machines);

(l) 20 DCMR §§ 766.2, 766.3, or 766.4 (failure to comply with requirements for in-line vapor cleaning machines);

(m) 20 DCMR §§ 767.2, 767.3, 767.4, 767.5, 767.6, 767.7, or 767.8 (failure to comply with requirements for airless and airtight cleaning machines);

(n) 20 DCMR §§ 768.2, 768.3, 768.4, 768.5, 768.6, 768.7, or 768.8 (failure to meet alternative compliance requirements for solvent cleaning machines);

(o) 20 DCMR §§ 777 (failure to properly submit AIM coating reports);

(p) 20 DCMR § 800.9 (failure to timely notify building occupants of impending asbestos abatement);

(q) 20 DCMR § 805.3(b) (failure to submit notification of compliance with 20 DCMR § 805.8);

(r) 20 DCMR § 805.4(b)(1) (failure to maintain in a logbook dates and hours of combustion turbine operation);

(s) 20 DCMR § 900.1 (idling engine for more than three (3) minutes); or

(t) 20 DCMR § 903.1 (emitting odorous or other air pollutant).

4001.11 In addition to § 4001.10, violation of any of the following provisions shall be a Class 3 infraction:

(a) [RESERVED]

4001.12 In addition to § 4001.13, violation of any of the following provisions shall be a Class 4 infraction:

(a) 20 DCMR § 604.1 (open burning);

(b) 20 DCMR § 704.4(e) (failure to post leak test certificate on tank truck);

(d) 20 DCMR § 704.6 (operating or maintaining delivery system/vessels or vapor collection/recovery system with a vapor or liquid leakage or spillage);

(e) 20 DCMR § 705.6 (failure to comply with requirements for a vapor balance system);

(f) 20 DCMR § 705.7 (failure to maintain/operate balance system);

(g) 20 DCMR § 705.8 (refueling with nozzle not designed to automatically shutoff when tank is full);

(h) 20 DCMR § 705.10 (failure to maintain/operate Stage II vapor recovery system);

(i) 20 DCMR § 705.12 (failure to post operating instructions/warnings for Stage II vapor recovery system);

(j) 20 DCMR § 705.13 (failure to install/operate vapor control systems/components per required standards);

(k) 20 DCMR §§ 706.1, 706.2, 706.3, 706.4, 706.5, 706.7, 706.8, 706.9, 706.10, 706.11, or 706.13 (failure to comply with VOC emission requirements for petroleum dry cleaners);

(l) 20 DCMR § 718.4 (failure to provide documentation of VOC content of mobile equipment repair and refinishing coatings);

(m) 20 DCMR § 718.8 (failure to comply with housekeeping, pollution prevention, and training measures in connection with mobile equipment repair and refinishing coatings);

(n) 20 DCMR § 730.7 (failure to timely notify regarding change in charcoal lighter material);

(o) 20 DCMR § 731.1 (failure to properly label floor wax strippers);

(p) 20 DCMR § 732 (failure to comply with requirements for labeling consumer products);

(q) 20 DCMR § 735.2 (failure to submit ACP agreement);

(r) 20 DCMR § 735.4 (failure to properly submit ACP application);

(s) 20 DCMR § 735.10 (failure to comply with requirements for use of surplus reductions);

(t) 20 DCMR § 735.11 (failure to comply with requirements for limited-use surplus reduction credits for early reformulations of ACP products);

(u) 20 DCMR § 736.1 (failure to submit CARB Innovative Product exemption for consumer products);

(v) 20 DCMR § 748 (failure to properly label adhesives, sealants, adhesive primers, or sealant primers);

(w) 20 DCMR § 757 (failure to submit required information, applications, or notifications related to Innovation Product exemption for portable fuel containers and spouts);

(x) 20 DCMR § 758.2 (failure to submit copy of CARB variance decision for portable fuel containers and spouts);

(y) 20 DCMR § 769 (failure to conduct record keeping, testing, and monitoring for solvent cleaning operations as required); or

(z) 20 DCMR § 774.4 (failure to close AIM container when not in use).

4001.13 In addition to § 4001.12, violation of the following provision shall be a Class 4 infraction:

(a) 20 DCMR § 776 (failure to properly label AIM coatings); or

(b) 20 DCMR § 901.1 (visible emission for more than ten (10) seconds from vehicle).

4001.14 Violation of any of the following provisions shall be a Class 5 infraction:

(a) 20 DCMR § 718.7 (failure to properly clean spray gun for applying mobile equipment repair and refinishing coatings);

(b) 20 DCMR § 735.13 (failure to submit required notification of change in ACP product);

(c) 20 DCMR § 735.14 (failure to submit required information and obtain pre-approval of modifications to the enforceable sales record or reconciliation of shortfalls plan specified in ACP Agreement);

(d) 20 DCMR § 735.15 (failure to timely submit written notice of new information that may alter ACP submission);

(e) 20 DCMR § 735.23 (failure to timely submit required notification of ACP transfers and provide required written declaration); or

(f) 20 DCMR § 754 (failure to comply with labeling requirements for portable fuel containers and spouts).

4001.15 Violation of any provision of the Air Quality Regulations, 20 DCMR Chapters 1 through 20, which provision or rule is not cited elsewhere in this section, shall be a Class 4 infraction.

History

SOURCE: Final Rulemaking published at 61 DCR 8407 (August 15, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4001

16 DCMR § 4002 PESTICIDE INFRACTIONS

4002.1 Violation of any of the following provisions shall be a Class 1 infraction:

20 DCMR § 2201.7 (using a pesticide in a manner harmful to human health, non-target organisms, or the environment);

20 DCMR §§ 2201.12 or 2201.13 (performing an inspection for wood infestation or determination of the presence of pests by a pesticide operator without the required certification);

20 DCMR § 2202.1 (using, manufacturing, distributing, selling, shipping, or applying a pesticide not registered with the Department);

20 DCMR § 2208.1 (applying a District restricted-use pesticide to schools, child-occupied facilities, waterbody-contingent property, or District property);

20 DCMR § 2208.2 (applying a non-essential pesticide to schools, child-occupied facilities, waterbody-contingent property, or District property);

20 DCMR § 2213.1 (failure to store pesticides in accordance with the requirements of 20 DCMR § 2213.1);

20 DCMR § 2213.2 (storing a restricted-use pesticide without posting a sign in accordance with the requirements of 20 DCMR § 2213.2);

20 DCMR § 2213.3 (failure to dispose of a pesticide in accordance with the Resource Conservation and Recovery Act or label directions);

20 DCMR § 2213.4 (failure to transport a pesticide in accordance with the requirements of 20 DCMR § 2213.4);

20 DCMR § 2219.1(j) (making a false or fraudulent record, invoice, or report);

20 DCMR § 2219.1(k) (acting as, advertising as, or assuming to act as a pesticide dealer without a license);

20 DCMR § 2219.1(l) (aiding, abetting, or conspiring to evade pesticide laws or regulations);

20 DCMR § 2219.1(m) (making fraudulent or misleading statements during or after an inspection of a pest infestation or an inspection conducted pursuant to 20 DCMR Chapter 25);

20 DCMR § 2219.1(n) (impersonating a federal, state, or District inspector or official);

20 DCMR § 2219.1(o) (failure to immediately notify and report to the Department any pesticide accident, incident, fire, flood, or spill);

20 DCMR § 2219.1(p) (distributing an adulterated pesticide);

20 DCMR § 2219.1(q) (failure to maintain a record required for a transaction involving a restricted-use pesticide);

20 DCMR § 2311.2 (permitting the use of a pesticide by a technician who is not registered with the Department and acting under the direct supervision of a licensed applicator);

20 DCMR § 2400.4 (permitting the use of a restricted-use pesticide by a person who is not a licensed certified applicator or a registered technician acting under the direct supervision of a licensed applicator); or

20 DCMR § 2505.4 (violating a “stop sale, use, or removal” order).

4002.2 In addition to § 4002.3, violation of any of the following provisions shall be a Class 2 infraction:

20 DCMR § 2201.1 (using a pesticide in a manner inconsistent with its labeling or in violation of a law or regulation);

20 DCMR § 2201.2 (failure to maintain equipment);

20 DCMR § 2201.3 (failure to distribute a registered pesticide in the registrant’s or manufacturer’s unbroken, immediate container);

20 DCMR § 2201.10 (detaching, altering, defacing, or destroying a label required by FIFRA);

20 DCMR § 2214.1 (distributing a pesticide or device that is misbranded);

20 DCMR §§ 2214.3 to 2214.4, or 2214.6 to 2214.14 (failure to comply with a labeling, package, container, or wrapper requirement);

20 DCMR § 2214.5 (offering for sale a pesticide under the name of another pesticide or imitation of another pesticide);

20 DCMR § 2215.3 (failure to have a Department-approved Integrated Pest Management program that meets the requirements of 20 DCMR § 2215.3);

20 DCMR § 2215.5 (applying a pesticide to public rights-of-way, parks, District-occupied buildings, other District property, or child-occupied facilities without an approved integrated pest management plan);

20 DCMR § 2216.2 (performing fumigation without being a licensed applicator certified to perform fumigation or without supervision by a licensed applicator certified to perform fumigation);

20 DCMR § 2216.3 (failure to train and provide safety equipment to each member of a fumigation crew);

20 DCMR § 2216.4 (failure to notify the nearest fire station prior to fumigation);

20 DCMR § 2216.6 (failure to conspicuously post warning signs for fumigation);

20 DCMR § 2216.8 (failure to have a guard present on-site during fumigation);

20 DCMR § 2216.9 (failure of guard to be capable, awake, alert, or to remain on duty at the site at all times);

20 DCMR §§ 2216.10 or 2216.11 (failure to comply with a requirement for introducing a fumigant or for allowing re-occupancy after fumigation);

20 DCMR § 2217.1 (performing pest control by heat treatment without being a licensed and certified pesticide operator);

20 DCMR § 2218.1 (using a canine scent pest detection team without being a licensed and certified pesticide operator or using an uncertified canine scent pest detection team);

20 DCMR § 2219.1(a) (failure to register a pesticide in the District of Columbia);

20 DCMR § 2219.1(b) (using a pesticide in a manner inconsistent with its labeling or in violation of imposed restrictions);

20 DCMR § 2219.1(c) (making a pesticide recommendation that is inconsistent with its labeling or in violation of imposed restrictions);

20 DCMR § 2219.1(d) (falsifying, refusing, or neglecting to maintain or make available required records);

20 DCMR § 2219.1(e) (using fraud or misrepresentation in applying for certification or a license);

20 DCMR § 2219.1(g) (making a false or fraudulent claim through any media that misrepresents the effect of a pesticide or method to be utilized in its application);

20 DCMR § 2219.1(h) (applying an ineffective or improper pesticide; operating faulty or unsafe equipment); or

20 DCMR § 2219.1(i) (using or supervising the use of a pesticide in a faulty, careless, or negligent manner).

4002.3 In addition to § 4002.2, violation of any of the following provisions shall be a Class 2 infraction:

20 DCMR §§ 2300.2 or 2300.3 (applying any pesticide for a fee or purchasing or using a restricted-use pesticide without a certification and license or without being registered);

20 DCMR § 2310.4 (improper use of a public applicator license);

20 DCMR § 2312.8 (failure to instruct an employee on proper pesticide use);

20 DCMR § 2313.1 (failure to instruct an employee on the hazards of pesticide use and proper steps to avoid those hazards);

20 DCMR § 2313.2 (failure to provide an employee with necessary safety equipment and protective clothing);

20 DCMR § 2313.3 (failure to inform an employee of reentry requirements or provide necessary protective clothing or apparatus if premature reentry is necessary);

20 DCMR §§ 2400.1 or 2400.5 (failure to obtain a pesticide operator license);

20 DCMR § 2400.6 (transferring a pesticide operator license from one business to another);

20 DCMR § 2401.7(c) (using a restricted-use pesticide without the supervision of a licensed certified applicator during the grace period provided in 20 DCMR § 2401.7(b));

20 DCMR §§ 2403.1 or 2403.2 (failure to obtain a pesticide dealer’s license);

20 DCMR § 2403.7 (selling or transferring a restricted-use pesticide to any person other than a licensed certified applicator or authorized representative); or

20 DCMR § 2516.10 (failure to report a significant pesticide accident or incident within twenty-four (24) hours of occurrence).

4002.4 Violation of any of the following provisions shall be a Class 3 infraction:

20 DCMR § 2201.4 (failure to have a FIFRA label affixed to a pesticide container);

20 DCMR § 2201.5 (using a pesticide container for a purpose other than containing the original product);

20 DCMR § 2201.8 (applying a pesticide when the wind velocity will cause the pesticide to drift beyond the target area);

20 DCMR § 2201.9 (displaying or offering for sale a pesticide in a container which is damaged or has a damaged or obscure label);

20 DCMR § 2201.11 (applying a pesticide without a copy of the label available for inspection);

20 DCMR § 2203.4 (using or revealing for one’s own advantage information relating to the formula of a pesticide registered with the Department);

20 DCMR § 2211.1 (failure to provide customer with required information before a pesticide application);

20 DCMR § 2211.3 (failure to provide customer with advance notice of a pesticide application upon request);

20 DCMR § 2211.4 (failure to provide customer with advance notice of a pesticide application to multi-unit property upon request);

20 DCMR § 2211.5 (failure to provide tenant and resident with required information before a pesticide application);

20 DCMR § 2211.7 (failure to provide notice of pesticide application to abutting property);

20 DCMR § 2217.2 (failure to comply with record keeping requirements for pest control by heat treatment);

20 DCMR §§ 2218.7 or 2218.8 (failure to comply with record keeping requirements for canine scent pest detection);

20 DCMR § 2218.9 (failure to design a canine scent detection test that meets the requirements of 20 DCMR § 2218.9);

20 DCMR §§ 2218.14 to 2218.16 (failure to comply with the requirements for conducting a canine scent detection test);

20 DCMR § 2219.1(f) (refusing or neglecting to comply with a limitation or restriction on a certification or license);

20 DCMR §§ 2306.1 or 2307.5 (failure to renew certification);

20 DCMR § 2311.1 (applying a pesticide without being registered with the Department and acting under the direct supervision of a licensed certified applicator);

20 DCMR § 2311.3 (failure to register an employee who works under the direct supervision of a licensed certified applicator within thirty (30) days of employment);

20 DCMR §§ 2402.2 to 2402.5 (failure to comply with liability insurance requirements);

20 DCMR § 2514.3 (failure to renew a license on or before the first day of a licensure period);

20 DCMR §§ 2516.1 to 2516.3, or 2516.5 to 2516.10 (failure to comply with a record keeping requirement or provide records or other information); or

20 DCMR §§ 2517.1 or 2517.2 (failure to comply with a record keeping requirement for or provide records on restricted-use pesticides).

4002.5 Violation of any of the following provisions shall be a Class 4 infraction:

20 DCMR § 2201.6 (failure to use an effective anti-siphon device for equipment);

20 DCMR § 2212.1 (failure to post a sign at the time of pesticide application that meets the requirements of 20 DCMR § 2212);

20 DCMR § 2300.9 (failure to post license conspicuously);

20 DCMR § 2305.5 (failure to submit credentials and license to employer after termination of employment);

20 DCMR § 2305.6 (failure to notify the Department of the termination of an employee and return a terminated employee’s license and credentials to the Department within ten (10) working days of employee submitting license and credentials);

20 DCMR § 2311.8 (failure to have registered technician identification card available for inspection));

20 DCMR § 2311.14 (failure to give written notice of termination of a registered technician within thirty (30) days of termination or failure to return a terminated registered technician’s identification card);

20 DCMR § 2312.6 (failure to have a pesticide label at work site);

20 DCMR § 2400.7 (failure to surrender an operator certification and license within ten (10) working days of termination of a business);

20 DCMR § 2400.8 (failure to notify the Department of any change of address within thirty (30) days of the change);

20 DCMR § 2400.10 (failure to post license conspicuously); or

20 DCMR § 2401.7 (failure to notify the Department when operator no longer employs a licensed certified applicator).

4002.6 Violation of any provision of the Pesticide Operations Act of 1977, effective April 18, 1978, as amended (D.C. Law 2-70; D.C. Official Code §§ 8-401 to 8-419); the Pesticide Education and Control Amendment Act of 2012, effective October 23, 2012, as amended (D.C. Law 19-191; D.C. Official Code §§ 8-431 to 8-440); or the implementing rules in 20 DCMR Chapters 22 through 25 which is not cited elsewhere in this section, shall be a Class 5 infraction.

History

SOURCE: Final Rulemaking published at 61 DCR 8407 (August 15, 2014); as amended by Final Rulemaking published at 62 DCR 14069 (October 30, 2015). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4002

16 DCMR § 4003 LEAD-BASED PAINT ACTIVITIES INFRACTIONS

Violation of any of the following provisions shall be a Class 1 infraction:

D.C. Official Code § 8-231.02(b) (applying a lead-based paint or glaze to any surface of a residential, public, or commercial building, bridge, or other structure or superstructure, or on any paved surface);

D.C. Official Code § 8-231.05(b)(1) (continuing work stopped by a Department order);

20 DCMR § 3304.2 (applying paint with a lead content of more than 0.009%, in accordance with 16 C.F.R. § 1303.1);

20 DCMR § 3316.4 (failure to obtain a permit for raze or demolition of a pre-1978 building);

20 DCMR § 3318.5(b) (failure to obtain a permit required by 20 DCMR § 3316 before beginning abatement work);

20 DCMR § 3318.8 (clearance examination conducted by a prohibited individual following elimination of a lead-based paint hazard);

20 DCMR § 3319.4 (failure to timely comply with relocation as ordered by DDOE);

20 DCMR § 3321.1(b) (misrepresenting facts relating to a lead-based paint activity to a client, customer, or DDOE);

20 DCMR § 3321.1(c) (making a false statement or misrepresentation material to the issuance, modification, or renewal of a certification, permit, or accreditation); or

20 DCMR § 3321.1(d) (submitting a false or fraudulent record, invoice, or report).

4003.2 In addition to § 4003.3, violation of any of the following provisions shall be a Class 2 infraction:

20 DCMR § 3300.2 (failure to maintain structures built before 1978 free of “lead-based paint hazards”);

20 DCMR § 3302.4(a)(1) (failure to comply with 40 C.F.R. § 745.226 (regarding certification of individuals and firms engaged in lead-based paint activities) and 40 C.F.R. § 745.227 (regarding work practice standards for lead-based paint activities), or any successor regulation of EPA);

20 DCMR § 3302.4(a)(2) (failure to comply with U.S. Department of Labor, Occupational Safety and Health Administration standards relating to lead, including those found at 29 C.F.R. § 1926.62 (construction work) and 29 C.F.R. § 1910.1025) (occupational exposure to lead generally), and any successor regulations);

20 DCMR § 3302.4(a)(3) (failure to comply with any requirement of 24 C.F..R Part 35 (lead-based poisoning prevention for residential structures) and any successor regulations);

20 DCMR § 3302.4(b) (use of any prohibited method of paint removal in violation of 24 C.F.R. § 35.140 and 20 DCMR § 3304 (prohibited methods of paint removal));

20 DCMR § 3304.1 (engaging in a prohibited practice when performing any lead-based paint activity or any renovation activity that disturbs presumed lead-based paint);

20 DCMR § 3306.6 (failure to comply with the provisions of 20 DCMR §§ 3302, 3304, and all other applicable laws);

20 DCMR § 3310.1 (failure to obtain a renovation permit from DDOE);

20 DCMR § 3311.2(b) (failure to ensure that employees and sub-contractors of a business entity or firm conducting a lead-based paint activity, clearance examination, or renovation comply with 20 DCMR §§ 3302, 3304, and 3310);

20 DCMR § 3316.1 (failure by an individual or business entity to obtain an abatement permit from DDOE before performing abatement activity);

20 DCMR § 3316.3(c) (engaging in a prohibited practice enumerated in § 3304 during raze or demolition of a pre-1978 building);

20 DCMR § 3316.9 (abatement performed by an individual not certified as a lead abatement worker or supervisor);

20 DCMR § 3316.10(f) (undertaking any other raze or demolition activity before submitting a clearance report to DDOE);

20 DCMR § 3317.8 (failure to verify that workers engaged in lead-based paint activities are properly trained or certified under the requirements in 20 DCMR Chapter 33 and that such requirements are clearly articulated in accordance with 20 DCMR § 3317.3);

20 DCMR § 3318.5(c) (failure to ensure that persons performing an abatement activity are certified and adhere to the lead-safe work practice requirements under 20 DCMR § 3302);

20 DCMR § 3318.5(d) (failure to timely submit a copy of the clearance report to DDOE and tenant that has been prepared by a risk assessor pursuant to D.C. Official Code § 8-231.11(f)(1), and that complies with the clearance report requirements under 20 DCMR § 3318.7);

20 DCMR § 3318.6(a) (failure to timely comply with a DDOE order to apply interim controls, in conformance with D.C. Official Code § 8-231.15(a));

20 DCMR § 3318.6(b) (failure to ensure that workers applying interim controls are certified, trained in lead-safe work practices under 20 DCMR § 3302, and adhere to lead-safe work practices);

20 DCMR § 3318.6(c) (failure to comply with rules for the application of interim controls under 20 DCMR § 3315);

20 DCMR § 3319.1 (failure to take all necessary steps to provide temporary comparable alternative living arrangements whenever DDOE orders relocation due to the presence of lead-based paint hazards);

20 DCMR § 3319.1(a) (failure to provide tenant with timely written notice of relocation);

20 DCMR § 3319.1(b) (failure to provide tenant with written, signed statement of right to return);

20 DCMR § 3319.1(c) (failure to minimize duration of any temporary relocation);

20 DCMR § 3319.1(d) (failure to offer any appropriate temporary relocation units within same property);

20 DCMR § 3319.1(e) (failure to offer any appropriate temporary relocation units within same school district or ward and close to public transportation); or

20 DCMR § 3319.1(f) (failure to offer other reasonably located, appropriate, and available temporary relocation units if no such unit described in (y) above is available).

4003.3 In addition to § 4003.2, violation of the following provision shall be a Class 2 infraction:

20 DCMR § 3319.2 (failure to pay all reasonable temporary relocation expenses).

4003.4 In addition to §§ 4003.5 and 4003.6 violation of any of the following provisions shall be a Class 3 infraction:

20 DCMR § 3302.1 (failure to use lead-safe work practices for an activity that may generate a lead-based paint hazard, in 20 DCMR Chapter 3302 and D.C. Official Code § 8-231.11);

20 DCMR § 3302.3 (failure by an individual, firm, or entity to comply with each specified lead-safe work practice);

20 DCMR § 3302.4(c) (failure to prevent dispersal of paint dust, chips, debris, or residue, or increasing the risk of public exposure to lead-based paint);

20 DCMR § 3302.4(d) (failing to comply with residential property renovation requirements under 40 C.F.R. § 745.80 through 745.92);

20 DCMR § 3305.10 (failure to issue course completion certificates with proper expiration dates);

20 DCMR § 3306.1 (performing a lead-based paint activity, clearance examination, or renovation without certification by DDOE according to 20 DCMR § 3306 or § 3307 or § 3308, as applicable);

20 DCMR § 3307.1 (failure to obtain certification from DDOE for individuals in specified disciplines before performing a renovation, a clearance examination, or any lead-based paint activity except for interim controls);

20 DCMR § 3309.1(b) (failure of a dust sampling technician to comply with clearance examination requirements under 20 DCMR §§ 3310.4-8 or 3314.9 and 3314.10, as applicable);

20 DCMR § 3309.2 (dust sampling technician conducting initial clearance examination activities for prohibited purposes);

20 DCMR § 3310.4 (failure to perform a clearance examination following work that required a renovation permit);

20 DCMR § 3310.6 (failure to have a clearance examination conducted by a required person);

20 DCMR § 3310.7 (failure to file a clearance report with DDOE within seven (7) business days following the clearance examination);

20 DCMR § 3310.9 (failure to comply with 40 C.F.R. § 745.85(a) (work practice standards for renovation activities) and § 745.85(b) (standards for post-renovation cleaning verification) when undertaking renovation work as defined in 40 C.F.R. §§ 745.80 et seq. that does not trigger a permit requirement under 20 DCMR Chapter 33);

20 DCMR § 3310.16 (failure to use lead-safe work practices as set forth in 20 DCMR §§ 3302 and 3304 for renovation work);

20 DCMR § 3311.2(a) (failure to ensure that employees and subcontractors of a business entity conducting a lead-based paint activity, clearance examination, or renovation are certified pursuant to 20 DCMR §§ 3307 or 3308);

20 DCMR § 3311.2(c) (failure to ensure that employees and subcontractors of a business entity conducting a lead-based paint activity, clearance examination, or renovation comply with all applicable federal and District laws, regulations, and rules governing the disposal of waste containing lead);

20 DCMR § 3313.1 (failure to disclose information about lead-based paint, lead-based paint hazards, and pending actions to a purchaser or tenant of a dwelling unit constructed before 1978);

20 DCMR § 3313.2 (failure to provide required disclosures to a purchaser or tenant to purchase or lease a dwelling unit as required);

20 DCMR § 3313.3 (failure to provide lead disclosure form and clearance report for units that will be occupied or regularly visited by a child under the age of six (6) or pregnant woman, before tenant is signs a lease for the unit);

20 DCMR § 3313.4 (failure to timely provide clearance report for a dwelling unit for which a tenant has notified the owner that a person at risk resides or regularly visits);

20 DCMR § 3313.6 (failure to provide tenants with notice of their rights whenever a tenant executes or renews a lease or the owner provides notice of a rent increase);

20 DCMR § 3313.8 (failure notify a tenant within ten (10) days of the presence of lead-based paint and to provide a Lead Warning Statement or lead hazard information pamphlet);

20 DCMR § 3313.9 (failure to maintain and make available copies of all lead-related reports for a property);

20 DCMR § 3313.10 (failure to document and make available for DDOE the date on which a Tenant Rights form under 20 DCMR § 3313.6 was provided to tenant);

20 DCMR § 3314.1(a) (failure to provide a prospective tenant with a clearance report, if tenant informs property owner that the household will include a pregnant individual or a child under six (6) years of age); or

20 DCMR § 3314.1(b) (failure to give a prospective tenant an acknowledgement form upon receipt of clearance report).

4003.5 In addition to §§ 4003.4 and 4003.6 violation of any of the following provisions shall be a Class 3 infraction:

20 DCMR § 3314.1(c) (failure to retain a copy of an acknowledgement form for at least six (6) years or make it accessible to DDOE);

20 DCMR § 3314.2(a) (failure to provide, upon written request by a tenant who is pregnant or has a child under six (6) years of age, a clearance report issued within twelve (12) months of the request);

20 DCMR § 3314.2(b) (failure to ask a tenant sign and date acknowledgement of receipt of the clearance report);

20 DCMR § 3314.2(c) (failure to retain a copy of an acknowledgement form or make it accessible to DDOE);

20 DCMR § 3314.3 (issuance of clearance report by an unauthorized person);

20 DCMR § 3314.8(a) (failure by owner of “lead-free unit” to disclose the presence of enclosed lead-based paint);

20 DCMR § 3314.8(b) (failure by owner of “lead-free unit” to provide a tenant with a copy of the property’s Operations and Maintenance Plan);

20 DCMR § 3315.5 (issuance of an initial clearance report or any subsequent clearance reports by an unauthorized person);

20 DCMR § 3316.2 (failure to have individuals trained in lead-safe work practices perform listed activities);

20 DCMR § 3316.3(b) (failure to use lead safe work practices in conformance with § 3302 or properly dispose of components containing presumed or identified lead-based paint during the raze or demolition of a pre-1978 building involving painted surfaces);

20 DCMR § 3316.4 (undertaking the raze or demolition of a pre-1978 building without a lead abatement permit as required);

20 DCMR § 3316.5 (failure to use approved encapsulation products);

20 DCMR § 3316.10 (failure to timely submit a clearance report within seven (7) days following abatement activities undertaken pursuant to 20 DCMR § 3316.4);

20 DCMR § 3316.10(a) (failure to conduct a timely clearance examination and repeat examination until a passing clearance report is issued);

20 DCMR § 3316.10(b) (performance of clearance examination by an unqualified person);

20 DCMR § 3316.10(c) (performance of clearance examination that does not include a visual inspection of, and dust sampling in, common areas on each floor in a multi-family property containing an occupied unit);

20 DCMR § 3316.11 (failure to timely submit a clearance report upon completion of abatement activities);

20 DCMR § 3316.11(a) (failure to conduct a timely clearance examination upon completion of abatement activities);

20 DCMR § 3316.11(b) (performance of clearance examination by an unqualified individual, if there is no Order to Eliminate Lead-Based Paint Hazards);

20 DCMR § 3316.11(c) (failure to perform a clearance examination when there is no Order to Eliminate Lead-Based Paint Hazards, as required);

20 DCMR § 3316.11(d) (failure to analyze environmental samples taken during a clearance examination by an appropriately accredited lab and to include blank samples as required);

20 DCMR § 3318.5(a) (failure to timely comply with a DDOE Order to eliminate a hazard by lead-based paint hazard abatement);

20 DCMR § 3318.6(d) (failure to prepare and submit a clearance report, as required);

20 DCMR § 3318.7 (failure to conduct a timely clearance examination pursuant to an Order to Eliminate Lead-Based Paint Hazards);

20 DCMR § 3318.7(a) (failure to comply with clearance examination requirements, as required, pursuant to a DDOE Order to Eliminate Lead-Based Paint Hazards); or

20 DCMR § 3318.7(b) (failure to review specified documents before performing a clearance examination).

4003.6 In addition to §§ 4003.4 and 4003.5, violation of any of the following provisions shall be a Class 3 infraction:

20 DCMR § 3318.7(c) (failure to provide DDOE with timely notice of a dust test);

20 DCMR § 3318.7(d) (failure to transmit results of clearance examination within seven (7) days to a property owner);

20 DCMR § 3318.7(e) (failure to address underlying condition of the property that has caused the failure of the clearance examination);

20 DCMR § 3318.7(f) (failure to analyze environmental samples taken during a clearance examination by an appropriately accredited lab and to include blank samples, as required); or

20 DCMR § 3318.7(g) (failure to include items required in clearance report).

4003.7 In addition to § 4003.8, violation of any of the following provisions shall be a Class 4 infraction:

22 DCMR § 7301.2 (failure by health care provider or health care facility to document the reason for not performing a BBL test);

20 DCMR § 3302.4(a)(4) (failure to comply with any other standard required under 20 DCMR Chapter 33);

20 DCMR § 3305.1 (failure of a training provider to obtain accreditation for each training and refresher course for required disciplines);

20 DCMR § 3305.3 (failure to timely notify DDOE about a training course or any changes);

20 DCMR § 3305.4 (failure to timely notify DDOE about a course cancellation);

20 DCMR § 3305.5 (failure to timely provide DDOE with a copy of course certificates awarded, or a list of students who successfully complete a training course);

20 DCMR § 3305.6 (failure to timely notify DDOE of any change in key staff);

20 DCMR § 3309.1(a) (failure of dust sampling technician to have in their possession at any job site a copy of their DDOE-issued certification card or EPA issued certificate);

20 DCMR § 3310.4(a) (failure to conduct required dust sampling in each room that contains a work area, as specified, as part of a clearance examination conducted under 20 DCMR § 3316.2(a)or any provision under 40 C.F.R. § 745.85 (requiring distribution of lead hazard information pamphlet to owners and occupants before beginning renovation));

20 DCMR § 3310.4(b) (failure to take proper floor samples for work that involves door replacement under 20 DCMR § 3316.2(a), as part of a clearance examination);

20 DCMR § 3310.4(c) (failure to take proper dust samples for exterior work areas and work areas involving exterior windows or doors, as part of a clearance examination);

20 DCMR § 3310.4(d) (failure of a lead-based paint inspector or risk assessor to make a required determination of adequate clean soil or ground cover, as part of clearance examination, and to include in clearance report a description of methodology underlying such determination);

20 DCMR § 3310.4(e) (failure to timely conduct a clearance examination after completion of renovation or other activities listed in 20 DCMR § 3316.2(a) and (b));

20 DCMR § 3310.11 (failure to timely provide pre-renovation education and documentation, as required, to listed recipients before undertaking renovation activity for compensation in a residential property or child-occupied facility);

20 DCMR § 3311.4 (failure of business entity or firm performing lead-based paint or renovation activities to comply with recordkeeping requirements of D.C. Official Code §§ 8-231.01 et seq.);

20 DCMR § 3314.9 (failure to include required elements in a clearance report prepared at change in occupancy of rental units);

20 DCMR § 3314.10 (failure to submit environmental samples taken pursuant to 20 DCMR § 3314 to an appropriately accredited lab);

20 DCMR § 3315.1 (failure of a person performing interim controls to be trained in the lead-safe work practices set forth in 20 DCMR § 3302);

20 DCMR § 3315.2 (failure to provide proof of training in lead-safe work practices upon request by DDOE; failure by business entity to ensure that workers comply with these standards);

20 DCMR § 3315.4 (failure to conduct timely clearance examination for non-abatement activities undertaken pursuant to an Order to Eliminate Lead-Based Paint Hazards);

20 DCMR § 3315.7(failure to provide timely notice of dust test to DDOE when performing interim controls);

20 DCMR § 3315.8 (failure to timely submit a copy of a clearance report to DDOE when performing interim controls).

20 DCMR § 3316.6 (use of encapsulation to eliminate lead-based paint hazards on friction or impact surfaces, when identified as part of a Notice of Violation and Order to Eliminate Lead-Based Paint Hazards);

20 DCMR § 3316.10(d) (failure to provide timely notice of dust test to DDOE);

20 DCMR § 3316.10(e (failure to analyze environmental samples taken during a clearance examination by an appropriately credited lab and to include one blank sample for each permit issued pursuant to 20 DCMR § 3316.4); or

20 DCMR § 3317.3 (failure to provide a timely and sufficient written request for permission to enter an occupied residential rental dwelling unit).

4003.8 In addition to § 4003.7, violation of any of the following provisions shall be a Class 4 infraction:

20 DCMR § 3317.4 (failure to provide a consent form to a tenant as part of a written request for permission to enter a residential rental dwelling unit under 20 DCMR § 3317.3);

20 DCMR § 3317.5 (failure to meet the tenant’s reasonable conditions for access to a residential rental dwelling unit under 20 DCMR § 3317.4);

22 DCMR § 7301.3 (failure to conduct additional BLL screening under specified circumstances); or

22 DCMR § 7301.4 (failure to provide family lead education and referrals for social and environmental services to the family of a child with an elevated blood lead level).

4003.9 Violation of any provision of the Childhood Lead Screening Amendment Act of 2006, effective March 14, 2007, as amended (D.C. Law 16-265; D.C. Official Code §§ 7-871.01 to 7-871.06); the Lead-Hazard Prevention and Elimination Act of 2008, effective March 31, 2009, as amended (D.C. Law 17-381; D.C. Official Code §§ 8-231.01 to 8-231.20); or the implementing rules in 20 DCMR Chapter 33, which is not cited elsewhere in this section, shall be a Class 4 infraction.

History

SOURCE: Final Rulemaking published at 61 DCR 8407 (August 15, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 4003

16 DCMR § 4007 HAZARDOUS WASTE INFRACTIONS

4007.1 In addition to §§ 4007.2, 4007.3, and 4007.4, violation of any of the following provisions shall be a Class 1 infraction:

D.C. Official Code § 8-1307(c)-(d) (continuing work stopped by a Department order);

20 DCMR § 4202.2 (unlawful disposal of hazardous waste or used oil);

(c) 20 DCMR § 4202.3(a) (using a surface impoundment for treatment, storage, or disposal of hazardous waste or used oil);

(d) 20 DCMR § 4202.3(b) (using waste piles to treat, store, or dispose of hazardous waste or used oil);

(e) 20 DCMR § 4202.3(c) (using land treatment to manage or dispose of hazardous waste);

(f) 20 DCMR § 4202.3(d) (using landfills for hazardous waste disposal);

(g) 20 DCMR § 4202.3(e) (land disposal of hazardous waste or any mixture of hazardous waste and any other constituent, whether hazardous or not);

(h) 20 DCMR § 4202.3(f) (using used oil for dust suppression);

(i) 20 DCMR § 4202.3(g) (using waste or other material, contaminated or mixed with dioxin or any other hazardous waste, for dust suppression or road treatment);

(j) 20 DCMR § 4202.3(h) (burning, processing, or incinerating hazardous waste, hazardous waste fuels, or mixtures of hazardous wastes and other materials in any type of incinerator, boiler, or industrial furnace);

(k) 20 DCMR § 4202.3(i) (burning used oil, whether on-specification or off-specification);

(l) 20 DCMR § 4202.3(j) (burning waste that meets the comparable fuel or synthesis gas (syngas) fuel specifications);

(m) 20 DCMR § 4202.3(k) (underground injection of hazardous waste);

(n) 20 DCMR § 4202.3(l) (accepting hazardous waste at a solid waste facility);

(o) 20 DCMR § 4262.1 (which incorporates 40 C.F.R. § 262.11 by reference), (failure of person who generates a solid waste to determine if the waste is a hazardous waste);

(p) 20 DCMR § 4262.1 (which incorporates 40 C.F.R. § 262.12(a) by reference), (failure of generator to obtain EPA identification number before treating, storing, disposing, transporting, or offering for transportation hazardous waste);

(q) 20 DCMR § 4262.1 (which incorporates 40 C.F.R. § 262.12(c) by reference), (generator offering hazardous waste to transporter or treatment, storage, or disposal facility that has not received an EPA identification number);

(r) 20 DCMR § 4262.1 (which incorporates 40 C.F.R. § 262.20(a) by reference), (failure to prepare required manifest);

(s) 20 DCMR § 4262.1 (which incorporates 40 C.F.R. § 262.20(b) by reference), (failure of generator to designate a facility that is permitted to handle the waste described on the manifest);

(t) 20 DCMR § 4262.1 (which incorporates 40 C.F.R. § 262.23 by reference), (failure of generator to comply with requirements for use of manifest);

(u) 20 DCMR § 4262.1 (which incorporates 40 C.F.R. § 262.31 by reference) (failure of generator to label hazardous waste in accordance with US DOT regulations);

(v) 20 DCMR § 4262.1 (which incorporates 40 C.F.R. § 262.32 by reference), (failure of generator to mark hazardous waste in accordance with US DOT regulations);

(w) 20 DCMR § 4262.1 (which incorporates 40 C.F.R. § 262.33 by reference), (failure of generator to placard hazardous waste or to offer the initial transporter the appropriate placards in accordance with US DOT regulations);

(x) 20 DCMR § 4262.1 (which incorporates 40 C.F.R. § 262.34 by reference), (accumulation of hazardous waste by generator for more than ninety (90) days, or for more than the time periods specified in 40 C.F.R. § 262.34(d), (e), or (f));

(y) 20 DCMR §§ 4262.1 or 4262.4 (which incorporate 40 C.F.R. § 262.43 by reference), (failure of generator to submit reports required by the Director regarding quantities and disposition of waste); or

(z) 20 DCMR § 4263.1 (which incorporates 40 C.F.R. § 263.11(a) by reference) or § 4204.2 (failure of transporter to obtain EPA identification number before transporting hazardous waste).

4007.2 In addition to §§ 4007.1, 4007.3, and 4007.4, violation of any of the following provisions shall be a Class 1 infraction:

20 DCMR § 4263.1 (which incorporates 40 C.F.R. § 263.21 by reference), (failure of transporter to deliver entire quantity of hazardous waste to designated facility, alternate designated facility, next designated transporter, or a place outside the United States; or to contact generator for further directions).

20 DCMR § 4263.1 (which incorporates 40 C.F.R. § 263.30(a) by reference), (failure of transporter to take immediate action to protect human health and the environment in the event of discharge during transport);

(c) 20 DCMR § 4263.1 (which incorporates 40 C.F.R. § 263.30(c) and (d) by reference), (failure of transporter to comply with discharge notification and reporting requirements);

(d) 20 DCMR § 4263.1 (which incorporates 40 C.F.R. § 263.31 by reference), (failure of transporter to clean up any hazardous waste discharge, or to take required or approved response action);

(e) 20 DCMR § 4263.2 (transporter storing manifested shipments of hazardous waste at a transfer facility without a RCRA permit);

(f) 20 DCMR § 4263.3 (transporter parking a vacuum or pump truck or tanker containing hazardous waste at a transfer facility or any other location in the District of Columbia for more than twenty-four (24) hours);

(g) 20 DCMR § 4264.1 (which incorporates 40 C.F.R. § 264.1(j)(1) by reference), (failure of owner or operator of remediation waste management site to obtain EPA identification number);

(h) 20 DCMR § 4264.1 (which incorporates 40 C.F.R. § 264.1(j)(3) by reference), (failure of owner or operator of remediation waste management site to control access to the site);

20 DCMR § 4264.1 (which incorporates 40 C.F.R. § 264.1(j)(4) by reference), (failure of owner or operator of remediation waste management site to inspect site);

(j) 20 DCMR § 4264.1 (which incorporates 40 C.F.R. § 264.1(j)(4) by reference), (failure of owner or operator of remediation waste management site to remedy identified hazards);

(k) 20 DCMR § 4264.1 (which incorporates 40 C.F.R. § 264.1(j)(5) by reference), (failure of owner or operator of remediation waste management site to provide personnel with required training);

(l) 20 DCMR § 4264.1 (which incorporates 40 C.F.R. § 264.1(j)(6) by reference), (failure of owner or operator of remediation waste management site to take precautions with respect to ignitable, reactive, and incompatible wastes);

(m) 20 DCMR § 4264.1 (which incorporates 40 C.F.R. § 264.1(j)(7) by reference), (failure of owner or operator of remediation waste management site to meet design, construction, operation, or maintenance requirements for units located within a one hundred-year (100-year) floodplain);

(n) 20 DCMR § 4264.1 (which incorporates 40 C.F.R. § 264.1(j)(10) by reference), (failure of owner or operator of remediation waste management site to develop and maintain procedures to prevent accidents or to develop and maintain a contingency and emergency plan);

(o) 20 DCMR § 4264.1 (which incorporates 40 C.F.R. § 264.1(j)(11) by reference), (failure of owner or operator of remediation waste management site to designate employee to coordinate emergency response measures);

(p) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.11 and 265.11 by reference), (failure of owner or operator to obtain EPA identification number);

(q) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.14(a)-(b) and 265.14(a)-(b) by reference), (failure of owner or operator to control access to active portion of facility);

(r) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.15(a) and 265.15(a) by reference), (failure of owner or operator to inspect facility);

(s) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.17 or 265.17 by reference), (failure of owner or operator to take precautions to prevent accidental ignition or reaction of ignitable or reactive waste);

(t) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.56 or 265.56 by reference), (failure of owner or operator to follow required emergency procedures);

(u) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.73 or 265.73 by reference), (failure of owner or operator to comply with operating record requirements);

(v) 20 DCMR §§ 4264.1 and 4265.1 (which incorporate 40 C.F.R. §§ 264.74 or 265.74 by reference), (failure of owner or operator to furnish records upon request and make records available for inspection);

(w) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.111 or 265.111 by reference), (failure of owner or operator to comply with closure performance standard);

(x) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.114 or 265.114 by reference), (failure of owner or operator to properly dispose of or decontaminate equipment, structures, or soils);

(y) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.117 or 265.117 by reference), (failure of owner or operator to comply with requirements for post-closure care and use of property); or

(z) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.172 or 265.172 by reference), (failure of owner or operator to use a container that will not react with, or otherwise be incompatible with, the waste to be stored).

4007.3 In addition to §§ 4007.1, 4007.2, and 4007.4, violation of any of the following provisions shall be a Class 1 infraction:

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.176 and 265.176 by reference), (failure of owner or operator to place containers holding ignitable or reactive waste required distance from facility property line);

20 DCMR § 4264.1 (which incorporate 40 C.F.R. § 264.178, by reference), (failure of owner or operator storing containers of hazardous waste to comply with closure standards in 40 C.F.R. § 264.178);

(c) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.194 or 265.194 by reference), (failure of owner or operator of tank system to comply with general operating requirements for tank or containment systems);

(d) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.195 or 265.195 by reference), (failure of owner or operator of tank system to perform required inspections);

(e) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.196 or 265.196 by reference), (failure of owner or operator of tank system to comply with requirements for response to leaks, spills, or disposition of tank systems or secondary containment systems that are unfit for use);

(f) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.197 or 265.197 by reference), (failure of owner or operator of tank system to perform required closure or post-closure care);

(g) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.198 or 265.198 by reference), (failure of owner or operator of tank system to comply with special requirements for ignitable or reactive wastes);

(h) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.199 or 265.199 by reference), (failure of owner or operator of tank system to comply with special requirements for incompatible wastes or incompatible wastes and materials);

(i) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.1102 or 265.1102 by reference) (failure of owner or operator of containment building to comply with closure or post-closure care standards);

(j) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.1201 or 265.1201 by reference), (failure of owner or operator storing munitions or explosive hazardous wastes to comply with the design and operating standards);

(k) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.1202 or 265.1202 by reference), (failure of owner or operator storing munitions or explosive hazardous waste to comply with the standards for closure or post-closure care);

(l) 20 DCMR § 4270.1 (which incorporates 40 C.F.R. § 270.1(c) by reference), (failure to have required RCRA permit);

(m) 20 DCMR § 4270.1 (which incorporates 40 C.F.R. § 270.10(f) by reference), (physical construction of hazardous waste management facility without finally effective RCRA permit);

(n) 20 DCMR § 4273.1 (which incorporates 40 C.F.R. §§ 273.11(a) or 273.31(a) by reference), (universal waste handler disposing of universal waste);

(o) 20 DCMR § 4273.1 (which incorporates 40 C.F.R. §§ 273.11(b) or 273.31(b) by reference), (universal waste handler diluting or treating universal waste);

(p) 20 DCMR § 4273.1 (which incorporates 40 C.F.R. §§ 273.13(b) or 273.33(b) by reference), (failure of universal waste handler to manage universal waste pesticides in a way that prevents releases to the environment);

(q) 20 DCMR § 4273.1 (which incorporates 40 C.F.R. §§ 273.17(a) or 273.37(a) reference), (failure of universal waste handler to immediately contain all releases);

(r) 20 DCMR § 4273.1 (which incorporates 40 C.F.R. § 273.51(a) by reference), (universal waste transporter disposing of universal waste);

(s) 20 DCMR § 4273.1 (which incorporates 40 C.F.R. § 273.51(b) by reference), (universal waste transporter diluting or treating universal waste);

(t) 20 DCMR § 4273.1 (which incorporates 40 C.F.R. § 273.54(a) by reference), (failure of universal waste transporter to immediately contain release of universal waste or other residues from universal waste);

(u) 20 DCMR § 4273.1 (which incorporates 40 C.F.R. § 273.55(a) by reference), (universal waste transporter transporting universal waste to a place other than a universal waste handler, destination facility, or foreign destination);

(v) 20 DCMR § 4273.1 (which incorporates 40 C.F.R. § 273.60(a) by reference), (failure of owner or operator of destination facility to comply with notification requirements and permitting requirements of 40 C.F.R. 264, 265, 266, 268, 270, and 124);

(w) 20 DCMR § 4273.1 (which incorporates 40 C.F.R. § 273.61(a) by reference), (owner or operator of destination facility sending or taking universal waste to a place other than a universal waste handler, another destination facility, or foreign destination);

(x) 20 DCMR § 4273.1 (which incorporates 40 C.F.R. § 273.61(b) by reference), (failure of owner or operator of destination facility to comply with requirements for rejected shipments);

(y) 20 DCMR § 4273.1 (which incorporates 40 C.F.R. § 273.61(c) by reference), (failure of owner or operator of destination facility to immediately notify the Department of illegal shipments); or

(z) 20 DCMR § 4273.1 (which incorporates 40 C.F.R. § 273.62 by reference), (failure of owner or operator of destination facility to keep and retain a record of universal waste shipments received at the facility).

4007.4 In addition to §§ 4007.1, 4007.2, and 4007.3, violation of any of the following provisions shall be a Class 1 infraction:

20 DCMR § 4279.1 (which incorporates 40 C.F.R. §§ 279.22(d), 279.43(c), 279.45(h), or 279.54(g) by reference), (failure to respond to release or discharge of used oil);

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.42 by reference), (failure of transporter to obtain EPA identification number before engaging in used oil activity);

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.43(a) by reference), (failure of used oil transporter to deliver all used oil received to specified facilities);

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.45(c) by reference), (failure of owner or operator of used oil transfer facility to comply with requirements for containers and above ground tanks used to store used oil);

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.45(d), (e), or (f) by reference), (failure of owner or operator of used oil transfer facility to meet requirements for secondary containment for containers or tanks);

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.51(a) by reference), (failure of used oil processor or re-refiner to obtain EPA identification number before engaging in used oil activity);

20 DCMR § 4279.6(a) (management of used oil in surface impoundments or waste piles);

20 DCMR § 4279.6(b) (use of used oil as a dust suppressant);

20 DCMR § 4279.6(c) (burning of used oil, whether on-specification or off-specification);

(i) 20 DCMR § 4301.1 (unlawfully denying entry to a place or vehicle where materials subject to regulation are or have been located);

(j) 20 DCMR §§ 4305.2 and 4305.3 (failure or refusal to conduct monitoring or testing, or to take response or corrective measures as directed in a Notice of Violation, Threat, or Release);

(k) D.C. Official Code § 8-1055(c)(15) (failure of owner or operator of solid waste facility to develop and submit to the Department an inspection, monitoring, and control plan to detect and prevent handling of hazardous, infectious, or radioactive wastes);

(l) D.C. Official Code § 8-1055(c)(16) (failure of owner or operator of solid waste facility to immediately notify the Department, detain, and secure a shipment containing hazardous, infectious, or radioactive waste); or

(m) D.C. Official Code § 8-1055(c)(17) (failure of owner or operator of solid waste facility to properly dispose of hazardous, infectious, or radioactive waste).

4007.5 In addition to §§ 4007.6, 4007.7, and 4007.8, violation of any of the following provisions shall be a Class 2 infraction:

20 DCMR § 4206.1 (failure to retain records on-site);

20 DCMR § 4261.1 (which incorporates 40 C.F.R. § 261.4(a)(24)(v) and (vii) by reference), (failure of generator of hazardous secondary material to comply with requirements for handling, reclamation facility determinations, recordkeeping, or notice);

20 DCMR § 4261.1 (which incorporates 40 C.F.R. § 261.4(a)(24)(vi) and (vii) by reference), (failure of reclaimer of hazardous secondary material to comply with requirements for handling, recordkeeping, financial assurance, or notice);

20 DCMR § 4261.7(a) (failure of conditionally exempt small quantity generator to comply with the notification requirements of § 3010 of RCRA);

20 DCMR § 4262.1 (which incorporates 40 C.F.R. § 262.20(d) by reference), (failure of generator to designate alternate facility or instruct transporter to return waste, if transporter is unable to deliver the hazardous waste to designated facility);

20 DCMR § 4262.1 (which incorporates 40 C.F.R. § 262.30 by reference), (failure of generator to package hazardous waste in accordance with DOT regulations);

20 DCMR § 4262.1 (which incorporate 40 C.F.R. § 262.34(a)(2) by reference), (failure by generator to clearly mark accumulation start date on each container);

20 DCMR § 4262.1 (which incorporates 40 C.F.R. § 262.34(a)(3) by reference), (accumulation of hazardous waste by generator without labeling or marking container or tank with the words "hazardous waste");

20 DCMR § 4262.1 (which incorporates 40 C.F.R. § 262.34(a)(4) by reference), (accumulation of hazardous waste by generator without meeting requirements of 40 C.F.R. Part 265, subparts C and D; § 265.16; or § 268.7(a)(5));

20 DCMR § 4262.1 (which incorporates 40 C.F.R. § 262.40(a) by reference), (failure of generator to keep copy of each manifest for the required period of time);

20 DCMR § 4262.1 (which incorporates 40 C.F.R. § 262.40(b) by reference), (failure of generator to keep a copy of each biennial report and exception report for the required period of time);

20 DCMR § 4262.1 (which incorporates 40 C.F.R. § 262.40(c) by reference), (failure of generator to keep records of test results, waste analyses, or other determinations for the required period of time);

20 DCMR § 4262.1 (which incorporates 40 C.F.R. § 262.41 by reference), (failure to submit biennial report meeting regulatory requirements by March 1st of each even-numbered year);

20 DCMR § 4262.1 (which incorporates 40 C.F.R. § 262.42(a)(1) by reference), (failure of large quantity generator to contact transporter or owner or operator of designated facility if generator does not receive properly signed copy of manifest within thirty-five (35) days);

20 DCMR § 4262.1 (which incorporates 40 C.F.R. § 262.42(a)(2) by reference), (failure of large quantity generator to submit required exception report);

20 DCMR § 4262.1 (which incorporates 40 C.F.R. § 262.42(b) by reference), (failure of generator of greater than one hundred (100) kilograms but less than one thousand (1000) kilograms of hazardous waste in a calendar month to comply with requirements for exception reporting);

20 DCMR § 4263.1 (which incorporates 40 C.F.R. § 263.20(a) by reference), (acceptance of hazardous waste by transporter without a properly signed manifest; or, for exports, an EPA Acknowledgement of Consent or tracking document, as applicable);

20 DCMR § 4263.1 (which incorporates 40 C.F.R. § 263.20(b) by reference), (failure of transporter to sign and date manifest and return signed copy of the manifest to generator before leaving the generator's property);

20 DCMR § 4263.1 (which incorporates 40 C.F.R. § 263.20(c) by reference), (failure of transporter to ensure that manifest, or for exports, EPA Acknowledgement of Consent or tracking document, as applicable, accompanies the hazardous waste);

20 DCMR § 4263.1 (which incorporates 40 C.F.R. § 263.20(d) by reference), (failure of transporter to obtain date of delivery and required signature on manifest, and to keep and deliver appropriate copies);

20 DCMR § 4263.1 (which incorporates 40 C.F.R. § 263.20(f) by reference), (failure of initial rail transporter to meet manifest requirements);

20 DCMR § 4263.1 (which incorporates 40 C.F.R. § 263.20(g) by reference), (failure of transporter who transports hazardous waste outside of United States to meet manifest requirements);

20 DCMR § 4263.1 (which incorporates 40 C.F.R. § 263.22 by reference), (failure of transporter to maintain copies of manifest and shipping papers, as required);

20 DCMR § 4264.1 (which incorporates 40 C.F.R. § 264.1(j)(12) by reference), (failure of owner or operator of remediation waste management site to develop, maintain, and implement a plan to meet the requirements in 40 C.F.R. § 264.1(j)(2) through (j)(6) and (j)(9) through (j)(10));

20 DCMR § 4264.1 (which incorporates 40 C.F.R. § 264.1(j)(13) by reference), (failure of owner or operator of remediation waste management site to maintain records documenting compliance with 40 C.F.R. § 264.1(j)(1) through (j)(12)); or

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.13 or 265.13), (failure to comply with waste analysis requirements).

4007.6 In addition to §§ 4007.5, 4007.7, and 4007.8, violation of any of the following provisions shall be a Class 2 infraction:

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.14(c) or 265.14(c) by reference), (failure of owner or operator to post required warning sign(s));

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.15(d) or 265.15(d) by reference), (failure of owner or operator to record inspections in an inspection log or summary, as required, or to retain records for three (3) years from the date of the inspection);

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.16 or 265.16 by reference), (failure of owner or operator to ensure that facility personnel successfully complete required training or instruction program);

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.32 or 265.32 by reference), (failure of owner or operator to equip facility as required);

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.33 or 265.33 by reference), (failure of owner or operator to test and maintain required equipment);

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.34 or 265.34 by reference), (failure of owner or operator to provide required access to communications or alarm systems);

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.35 or 265.35 by reference), (failure of owner or operator to maintain required aisle space);

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.51 or 265.51 by reference), (failure of owner or operator to have a facility contingency plan, or failure to follow contingency plan);

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.71 or 265.71 by reference), (failure of owner or operator to comply with manifest system requirements);

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.75 or 265.75 by reference), (failure of owner or operator to submit a completed biennial report to the Director by March 1 of each even-numbered year);

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.76 or 265.76 by reference), (failure of owner or operator to submit unmanifested waste report to Director within fifteen (15) days of receiving the waste);

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.77 or 265.77 by reference), (failure of owner or operator to submit to the Director required additional reports);

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.90, 264.97, or 265.90 by reference), (failure to comply with groundwater monitoring requirements);

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.143, 264.145 or 265.143, 265.145 by reference), (failure of owner or operator to comply with financial assurance requirements);

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.147 or 265.147 by reference), (failure of owner or operator to comply with liability coverage requirements);

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.171 or 265.171 by reference), (failure of owner or operator to transfer hazardous waste from a container that is not in good condition);

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.173 or 265.173 by reference), (failure of owner or operator to properly manage containers);

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.174 or 265.174 by reference), (failure of owner or operator to inspect areas where containers are stored, as required);

20 DCMR § 4264.1 (which incorporates 40 C.F.R. § 264.175 by reference), (failure of owner or operator to design or operate containment system in accordance with the requirements of 40 C.F.R. § 264.175);

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.177 or 265.177 by reference), (failure of owner or operator to comply with special requirements for incompatible wastes and materials);

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.193 or 265.193 by reference), (failure of owner or operator of tank system to provide secondary containment, as required);

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.1101 or 265.1101 by reference), (failure of owner or operator of containment building to comply with design or operating standards);

20 DCMR § 4265.1 (which incorporates 40 C.F.R. § 265.201 by reference), (failure of generator of between one hundred (100) and one thousand (1,000) kilograms per month that accumulates hazardous waste in tanks to comply with the special requirements in 40 C.F.R. § 265.201);

20 DCMR § 4266.1 (which incorporates 40 C.F.R. § 266.70(b)(1) by reference), (failure of person who generates, transports, or stores recyclable materials utilized for precious metal recovery to comply with notification requirements under § 3010 of RCRA);

20 DCMR § 4266.1 (which incorporates 40 C.F.R. § 266.70(c) by reference), (failure of persons who store recycled materials utilized for precious metal recovery to comply with recordkeeping requirements); or

20 DCMR § 4266.1 (which incorporates 40 C.F.R. § 266.80(b)(1)(i) and (2)(i) by reference), (failure of owner or operator of facility that stores spent lead-acid batteries before reclaiming them, but that does not reclaim them through regeneration, to comply with notification requirements under § 3010 of RCRA).

4007.7 In addition to §§ 4007.5, 4007.6 and 4007.8, violation of any of the following provisions shall be a Class 2 infraction:

20 DCMR § 4270.1 (which incorporates 40 C.F.R. 270.30 by reference), (failure to comply with all conditions of RCRA permit);

20 DCMR §§ 4273.1 or 4273.2 (failure of universal waste handler to submit written notification of universal waste management and obtain EPA identification number before generating universal waste or receiving universal waste from other universal waste handlers);

20 DCMR § 4273.1 (which incorporates 40 C.F.R. §§ 273.13(a) or 273.33(a) by reference), (failure of universal waste handler to manage universal waste batteries in a way that prevents releases to the environment);

20 DCMR § 4273.1 (which incorporates 40 C.F.R. §§ 273.13(c) or 273.33(c) by reference), (failure of universal waste handler to manage universal waste mercury-containing equipment in a way that prevents releases to the environment);

20 DCMR § 4273.1 (which incorporates 40 C.F.R. §§ 273.13(d) or 273.33(d) by reference), (failure of universal waste handler to manage universal waste lamps in a way that prevents releases to the environment);

20 DCMR § 4273.1 (which incorporates 40 C.F.R. §§ 273.14 and 273.34 by reference), (failure of universal waste handler to label or mark a universal waste to identify the type of universal waste);

20 DCMR § 4273.1 (which incorporates 40 C.F.R. §§ 273.15 or 273.35 by reference), (accumulation by universal waste handler of a universal waste for longer than one (1) year without meeting requirements for extension of time);

20 DCMR § 4273.1 (which incorporates 40 C.F.R. §§ 273.16 or 273.36 by reference), (failure to inform employees of handling and emergency procedures for universal waste);

20 DCMR § 4273.1 (which incorporates 40 C.F.R. §§ 273.18(a) or 273.38(a) by reference), (universal waste handler sending or taking universal waste to a place other than another universal waste handler, a destination facility, or foreign destination);

20 DCMR § 4273.1 (which incorporates 40 C.F.R. § 273.39(a) by reference), (failure of large quantity universal waste handler to keep a record of universal waste shipments received at a facility);

20 DCMR § 4273.1 (which incorporates 40 C.F.R. § 273.39(b) by reference), (failure of large quantity universal waste handler to keep a record of universal waste shipments sent from the handler to other facilities);

20 DCMR § 4273.1 (which incorporates 40 C.F.R. § 273.39(c) by reference), (failure of large quantity universal waste handler to comply with record retention requirements);

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.22(a) by reference), (storage of used oil in units other than tanks, containers, or units subject to regulation under 40 C.F.R. Parts 264 or 265);

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.22(b) by reference), subject to modification in 20 DCMR § 4279, (failure to comply with requirements for containers and above ground tanks used to store used oil);

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.22(c) by reference), (failure to clearly label or mark container, tank, or fill pipe with the words "used oil");

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.24 by reference), (failure of used oil generator to ensure that used oil is transported by transporter that has obtained an EPA identification number);

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.43(b) by reference), (failure of used oil transporter to comply with applicable DOT requirements);

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.45(b) by reference), (owner or operator of used oil transfer facility storing used oil in units other than containers, tanks, or other units subject to regulation under 40 C.F.R. Parts 264 or 265);

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.45(g) by reference), (failure of owner or operator of used oil transfer facility to clearly label or mark containers, tanks, or fill pipes with the words "used oil");

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.46 by reference), (failure of used oil transporter to comply with tracking or record retention requirements);

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.52 by reference), (failure of used oil processor or re-refiner to comply with general facility standards);

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.54 by reference), (failure of used oil processor or re-refiner to comply with used oil management standards);

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.56 by reference), (failure of used oil processor or re-refiner to comply with tracking or record retention requirements);

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.57 by reference), (failure of used oil processor or re-refiner to comply with operating record and reporting requirements);

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.58 by reference), (failure of used oil processor or re-refiner to use a used oil transporter who has obtained an EPA identification number to ship used oil off-site); or

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.71 by reference), (used oil fuel marketer initiating shipment of off-specification used oil in violation of prohibitions).

4007.8 In addition to §§ 4007.5, 4007.6 and 4007.7, violation of any of the following provisions shall be a Class 2 infraction:

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.72(b) by reference), (failure of used oil generator, transporter, or processor/re-refiner to comply with record retention requirements);

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.73(a) by reference), (failure of used oil fuel marketer to obtain EPA identification number);

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.74 by reference), (failure of used oil fuel marketer to comply with tracking or record retention requirements); or

20 DCMR § 4279.1 (which incorporates 40 C.F.R. § 279.75 by reference), (failure of used oil generator, transporter, or processor/re-refiner to obtain burner certification).

4007.9 Violation of any of the following provisions shall be a Class 3 infraction:

20 DCMR § 4261.1 (which incorporates 40 C.F.R. § 261.4(d) and (e) by reference), (failure of generator or sample collector to comply with requirements for the proper labeling and packaging of testing or treatability study samples);

20 DCMR § 4261.7(c) (failure of conditionally exempt small quantity generator to comply timely and fully with self-certification of compliance);

20 DCMR § 4262.5 (failure of generator of greater than one hundred (100) kilograms but less than one thousand (1000) kilograms of hazardous waste in a calendar month to comply with self-certification of compliance);

20 DCMR § 4264.1 (which incorporates 40 C.F.R. § 264.12(b)) (failure of owner/operator to inform generator of required permits and retaining copy of notice);

20 DCMR § 4265.1 (which incorporates 40 C.F.R. § 265.373 by reference), (failure of owner or operator to comply with general operating requirements for thermal treatment);

20 DCMR § 4265.1 (which incorporates 40 C.F.R. § 265.377 by reference), (failure of owner or operator to comply with monitoring and inspection requirements when thermally treating hazardous waste);

20 DCMR § 4265.1 (which incorporates 40 C.F.R. § 265.381 by reference), (failure of owner or operator at closure to remove all hazardous waste and hazardous waste residues from thermal treatment process or equipment);

20 DCMR § 4265.1 (which incorporates 40 C.F.R. § 265.401 by reference), (failure of owner or operator of facility that treats hazardous waste by chemical, physical, or biological methods to comply with general operating requirements);

20 DCMR § 4265.1 (which incorporates 40 C.F.R. § 265.403 by reference), (failure of owner or operator of facility that treats hazardous waste by chemical, physical, or biological methods to comply with inspection requirements);

20 DCMR § 4265.1 (which incorporates 40 C.F.R. § 265.404 by reference), (failure of owner or operator of facility that treats hazardous waste by chemical, physical, or biological methods, at closure, to remove all hazardous waste and hazardous waste residues);

20 DCMR § 4265.1 (which incorporates 40 C.F.R. § 265.405 by reference), (failure of owner or operator of facility that treats hazardous waste by chemical, physical, or biological methods, to comply with special requirements for ignitable or reactive waste);

20 DCMR § 4265.1 (which incorporates 40 C.F.R. § 265.406 by reference), (failure of owner or operator of facility that treats hazardous waste by chemical, physical, or biological methods to comply with special requirements for incompatible wastes or incompatible wastes and materials);

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.573 or 265.443 by reference), (failure of owner or operator of drip pad to comply with design or operating requirements);

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.575 or 265.445 by reference), (failure of owner or operator of drip pad to comply with closure standards);

20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 C.F.R. §§ 264.1030-1090 or 265.1030-1090 by reference), (failure of owner or operator to comply with air emission standards or recordkeeping);

D.C. Official Code § 8-1055(c)(17) (owner or operator of solid waste facility allowing hazardous, infectious, or radioactive waste to remain on-site for more than twenty-four (24) hours); or

D.C. Official Code § 8-1055(c)(18) (failure of owner or operator of solid waste facility to provide monthly report to the Department).

4007.10 Violation of any provision of the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978, as amended (D.C. Law 2-64; D.C. Official Code §§ 8-1301 to 8-1314 (2012 Repl.)), or the Hazardous Waste Management Regulations, 20 DCMR Chapters 42 and 43, that is not cited elsewhere in this section, shall be a Class 3 infraction.

History

SOURCE: Final Rulemaking published at 61 DCR 8407 (August 15, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4007

16 DCMR § 4008 UNDERGROUND STORAGE TANK INFRACTIONS

4008.1 In addition to §§ 4008.2, 4008.3, and 4008.4, violation of any of the following provisions shall be a Class 1 infraction:

D.C. Official Code § 8-113.09(c) (continuing work stopped by a Department order);

20 DCMR § 5502.2 (installing an underground storage tank (UST) system listed in 20 DCMR § 5502.1(a), (b), or (c) that fails to meet specified requirements);

20 DCMR § 5507.3 (installing a UST system with field-constructed tanks or airport hydrant system that fails to comply with the regulations);

20 DCMR § 5507.7 (failure to upgrade a UST system with field-constructed tanks or airport hydrant system in accordance with specified requirements);

20 DCMR § 5601.9 (depositing or dispensing regulated substance into a UST for which registration has been denied);

20 DCMR § 5602.1 (failure to submit specified information and documentation as required);

20 DCMR § 5700.1 (failure of petroleum UST system to meet specified performance standards or requirements for upgrade);

20 DCMR § 5700.2 (failure of hazardous substance UST system installed after November 12, 1993 to meet performance standards set forth in 20 DCMR § 5702);

20 DCMR § 5700.8 (failure of metal tanks and attached metal piping conveying regulated substances to be designed, constructed, and installed in a manner that will prevent corrosion);

20 DCMR § 5701.1 (failure of petroleum UST to meet specified construction and material requirements);

20 DCMR § 5701.2 (failure of petroleum steel tank to be cathodically protected as specified);

20 DCMR § 5701.8 (failure of motor fuel dispenser system to contain under-dispenser containment as specified);

20 DCMR § 5702.1 (failure of hazardous substance UST to meet specified construction and material requirements);

20 DCMR § 5702.2 (failure of hazardous substance steel tank to be cathodically protected as specified);

20 DCMR § 5703.1 (failure of heating oil UST to meet specified construction and material requirements);

20 DCMR § 5703.2 (failure of heating oil steel tank to be cathodically protected as specified);

20 DCMR § 5704.2 (failure of UST system piping to meet specified construction and material requirements);

20 DCMR § 5704.3 (failure of steel UST piping to be cathodically protected as specified);

20 DCMR § 5705.1 (failure to use spill prevention equipment);

20 DCMR § 5705.2 (failure to ensure that a new or upgraded UST system has sufficient volume to contain all regulated substances and that transfer is continuously monitored in accordance with 20 DCMR § 5900.3);

20 DCMR § 5800.1 (failure of petroleum UST system to comply with specified upgrade requirements, performance standards, permanent closure requirements, or corrective action requirements);

20 DCMR § 5800.2 (failure to ensure that all components connected to an existing petroleum UST system are operating and that all inoperative components are removed);

20 DCMR § 5800.3 (depositing a regulated substance into a petroleum UST that has not met upgrade requirements in 20 DCMR § 5800.1);

20 DCMR § 5800.4 (failure of hazardous substance UST system to comply with specified performance standards, permanent closure requirements, or corrective action requirements);

20 DCMR § 5803.1 (failure to comply with UST system spill and overfill prevention equipment requirements, in accordance with 20 DCMR § 5705); or

20 DCMR § 5900.10 (failure to report, investigate, or clean up spills or overfills, in accordance with 20 DCMR Chapter 62).

4008.2 In addition to §§ 4008.1, 4008.3, and 4008.4, violation of any of the following provisions shall be a Class 1 infraction:

20 DCMR § 6000.1 (failure to provide release detection method(s) that meet the requirements of 20 DCMR § 6000);

20 DCMR § 6000.3 (failure to comply with release detection requirements for all pressurized piping, in accordance with 20 DCMR § 6004);

20 DCMR § 6000.5 (release detection system incapable of detecting a release from all portions of the tank and connected underground piping);

20 DCMR § 6000.7 (failure of release detection method to meet applicable performance requirements of 20 DCMR §§ 6004 through 6013);

20 DCMR § 6000.9 (failure of release detection method to be capable of detecting leak rate or quantity with specified probability of detection);

20 DCMR § 6000.11 (failure to repair or replace leak detection system within 45 days in accordance with 20 DCMR Chapter 60);

20 DCMR § 6000.13 (failure to notify Department of suspected release, in accordance with 20 DCMR Chapter 62);

20 DCMR § 6002.1 (failure to provide release detection for a hazardous substance UST system that meets the requirements of 20 DCMR § 6002);

20 DCMR § 6002.2 (failure of hazardous substance UST system to use secondary containment with interstitial monitoring in accord with 20 DCMR § 6011);

20 DCMR § 6003.1 (failure to provide release detection for a petroleum UST system, in accordance with 20 DCMR § 6003);

20 DCMR § 6003.2 (failure of release detection methods to meet requirements of 20 DCMR §§ 6005 through 6012);

20 DCMR § 6004.2 (failure of release detection method for petroleum UST system piping to meet the requirements of 20 DCMR § 6004);

20 DCMR § 6004.3 (failure of petroleum UST piping that conveys regulated substances under pressure to be equipped with an automatic line leak detector);

20 DCMR § 6100.7 (failure to comply with the release detection requirements in 20 DCMR Chapter 62 when UST system is temporarily closed);

20 DCMR § 6100.8 (failure to immediately comply with the requirements of 20 DCMR § 6100.9 and the applicable requirements of 20 DCMR Chapter 62 if a release is suspected or confirmed during the period when UST is temporarily closed);

20 DCMR § 6101.12 (failure to begin corrective action in accordance with 20 DCMR Chapter 62 if contamination is discovered during closure assessment or by any other manner);

20 DCMR § 6101.13 (stockpiling of contaminated soils on site or failure to properly store, treat, or dispose of soil);

20 DCMR § 6101.14 (returning untreated contaminated soils to the excavation pit or using the soils on-site);

20 DCMR § 6201.1 (failure to take immediate action to contain and clean up any spill or overfill of a regulated substance from a UST system);

20 DCMR § 6201.2 (failure to immediately report to the Department and to the Fire Chief any spill or overfill where there is danger of fire or explosion);

20 DCMR § 6201.3 (failure to immediately contain and clean up a spill or overfill of petroleum that is less than 25 gallons and to immediately notify the Department if the cleanup cannot be completed within 24 hours);

20 DCMR § 6201.4 (failure to report to the Department within 24 hours a petroleum release that is more than 25 gallons and to begin corrective action, in accordance with the applicable provisions of 20 DCMR Chapter 62);

20 DCMR § 6201.5 (failure to immediately report any spill or overfill of a hazardous substance to the Department, the Fire Chief, and the D.C. Homeland Security and Emergency Management Agency, immediately contain and clean up the spill or overfill, and begin corrective action in accordance with the applicable provisions of 20 DCMR Chapter 62 if the cleanup cannot be completed within 24 hours);

20 DCMR § 6201.6 (failure to report to the National Response Center where a spill or overfill of a hazardous substance results in release to the environment that equals or exceeds its reportable quantity under CERCLA (40 CFR Part 302));

20 DCMR § 6202.1 (failure to notify the Department within 24 hours of a suspected release from a UST); or

20 DCMR § 6202.2 (failure to notify UST owner or operator immediately and the Department within 24 hours if a release is known or if reason exists to know of or suspect a release from a UST).

4008.3 In addition to §§ 4008.1, 4008.2, and 4008.4, violation of any of the following provisions shall be a Class 1 infraction:

20 DCMR § 6202.4 (knowingly allowing a release from a UST system to continue without undertaking repair as soon as possible);

20 DCMR § 6202.5 (failure to timely report to the Department and to follow procedures in 20 DCMR § 6203 for any of the conditions specified);

20 DCMR § 6202.6 (failure of a responsible party to immediately investigate a suspected release and confirm whether a release has occurred within seven days);

20 DCMR § 6203.1 (failure to conduct systems tests in accordance with tightness testing requirements of 20 DCMR §§ 5902.7, 6004.8, and 6007 when a release is suspected);

20 DCMR § 6203.2 (failure to repair, replace, or upgrade a UST system and begin corrective action in accordance with 20 DCMR Chapter 62 if test results indicate a release has occurred);

20 DCMR § 6203.4 (failure to conduct a site investigation as set forth in 20 DCMR §§ 6203.5 through 6203.7 if a release exists or is suspected based on test results or on visual or analytical data of environmental contamination);

20 DCMR § 6203.5 (failure to test for a release where contamination is most likely to be present at a UST site);

20 DCMR § 6203.8 (failure to perform specified initial response actions upon confirmation of a release);

20 DCMR § 6203.10 (failure to take specified initial abatement actions);

20 DCMR § 6203.11 (failure to remedy hazards posed by excavated or exposed contaminated soils and comply with all applicable laws and regulations if remedies include treatment or disposal of soils);

20 DCMR § 6203.13 (failure to determine whether free product is present and begin free product removal as soon as practicable, in accordance with 20 DCMR § 6204);

20 DCMR § 6204.1 (failure to remove measurable free product to the maximum extent practicable in accordance with schedule approved by the Department);

20 DCMR § 6204.3 (failure to remove free product in a manner that minimizes the spread of contamination by using appropriate recovery techniques);

20 DCMR § 6204.4 (failure to recover and dispose of free product in a manner that properly treats, discharges, recycles, or disposes of recovery byproducts in compliance with all applicable laws and regulations);

20 DCMR § 6204.6 (failure to ensure that flammable substances are handled in a manner that will prevent fire and explosion);

20 DCMR § 6205.1 (failure to perform Comprehensive Site Assessment in the time and manner set forth in 20 DCMR § 6205);

20 DCMR § 6205.2 (failure to submit a Comprehensive Site Assessment in a form satisfactory to the Department within 60 days of submission of a work plan);

20 DCMR § 6206.2 (failure to comply with specified requirements before initiating a risk-based decision-making process);

20 DCMR § 6207.1 (failure to submit a Corrective Action Plan required by Department, according to a schedule and format established by the Department);

20 DCMR § 6207.2 (failure to submit and modify as necessary a Corrective Action Plan that provides for adequate protection of human health and the environment);

20 DCMR § 6207.3 (failure of Corrective Action Plan to propose corrective action option as specified);

20 DCMR § 6207.5 (failure of Corrective Action Plan to provide for proper disposal of contaminated soils and to prohibit placement of contaminated soils back into the ground);

20 DCMR § 6207.6 (failure to prepare, prior to any site activities, a site-specific quality assurance and quality control plan that covers all actions proposed in the Corrective Action Plan and complies with guidelines of the Department);

20 DCMR § 6207.7 (failure to prepare and submit to the Department a site-specific Health and Safety Plan that meets the requirements of 29 CFR § 1910.120, in conjunction with the Corrective Action Plan);

20 DCMR § 6207.9 (beginning soil and groundwater remediation prior to approval of Corrective Action Plan without meeting specified requirements for doing so); or

20 DCMR § 6207.10 (beginning implementation of Corrective Action Plan prior to approval of plan and without meeting specified requirements for doing so).

4008.4 In addition to §§ 4008.1, 4008.2, and 4008.3, violation of any of the following provisions shall be a Class 1 infraction:

20 DCMR § 6207.11 (failure to begin implementation of approved Corrective Action Plan within 60 days or other period approved by the Department);

20 DCMR § 6207.14 (implementing modifications to the Corrective Action Plan which have not been approved by the Department);

20 DCMR § 6207.15 (failure to take additional corrective action responses as required by the Department);

20 DCMR § 6300.1 (failure to provide entry to a Department inspector); or

20 DCMR § 6301.3 (failure to cooperate fully with inspections, monitoring, or testing, as well as requests for document submission, testing, or monitoring).

4008.5 In addition to §§ 4008.6, 4008.7, 4008.8, 4008.9, 4008.10, and 4008.11, violation of any of the following provisions shall be a Class 2 infraction:

20 DCMR § 5507.4 (failure to notify the Department of a UST system with field-constructed tanks or airport hydrant system);

20 DCMR § 5507.9 (failure to inspect a UST system with field-constructed tanks or airport hydrant system as required);

20 DCMR § 5507.10 (failure of UST system with a field-constructed tank less than or equal to fifty thousand (50,000) gallons to meet the release detection requirements of Chapter 60);

20 DCMR § 5507.11 (failure of UST system with a field-constructed tank greater than fifty thousand (50,000) gallons to meet specified release detection requirements);

20 DCMR § 5507.12 (failure of UST system piping associated with a field-constructed tank or airport hydrant system to meet specified release detection requirements);

20 DCMR § 5507.13 (failure to assess the excavation zone and properly close a UST system with field-constructed tanks or airport hydrant system that was previously closed-in-place, removed, or temporarily closed, as directed);

20 DCMR § 5600.1 (failure to submit required UST notification);

20 DCMR § 5600.2 (failure to file timely closure notification form following permanent closure of a UST system by removal or closure-in-place);

20 DCMR § 5600.3 (failure to properly complete required UST notification form);

20 DCMR § 5600.5 (failure to submit a UST facility notification for each separate UST facility);

20 DCMR § 5600.6 (failure to sign UST notification form and certify compliance with specified requirements);

20 DCMR § 5600.7 (failure to have specified person sign the UST facility notification form);

20 DCMR § 5600.8 (failure to provide timely notification following discovery of previously unknown UST);

20 DCMR § 5600.9 (failure to inform UST owner or lessee of notification requirements of 20 DCMR § 5600);

20 DCMR § 5600.10 (failure to ensure proper certification of compliance with requirements of 20 DCMR § 5801 for upgrade or modification of UST system);

20 DCMR § 5601.7 (depositing a regulated substance into a UST without first confirming that current registration certificate is present at facility and that facility is not on prohibited delivery list);

20 DCMR § 5601.8 (dispensing or permitting dispensing of regulated substance from a UST that has not satisfied registration requirements);

20 DCMR § 5603.1 (failure to provide required advance written notice of each installation, removal, closure-in-place, repair, or upgrade of a UST system);

20 DCMR § 5603.2 (failure to provide notice of the exact time and date of the installation, removal, closure-in-place, repair, or upgrade of a UST system at least 24 hours in advance to schedule site inspection);

20 DCMR § 5603.3 (failure to provide timely notice of emergency removal or repair to Department and Fire Chief);

20 DCMR § 5603.4 (failure to timely submit plans, design, and specifications for installation or upgrade of a UST system in accordance with 20 DCMR § 6500);

20 DCMR § 5603.5 (failure to obtain Department approval of plans, design, and specifications before applying for a construction permit);

20 DCMR § 5603.7 (failure to timely provide required notice of tank tightness test to Fire Chief in cases of suspected release);

20 DCMR § 5604.1 (failure to timely provide required notice of the existence or removal of any UST to prospective buyer of real property);

20 DCMR § 5604.2 (failure to inform prospective buyers of commercial property of prior use of property that suggests the existence of a UST of which the seller has actual knowledge); or

20 DCMR § 5606.3 (third party inspector having a financial interest in the facility or UST system).

4008.6 In addition to §§ 4008.5, 4008.7, 4008.8, 4008.9, 4008.10, and 4008.11, violation of any of the following provisions shall be a Class 2 infraction:

20 DCMR § 5700.7 (failure of each UST system located within 100 feet of a subsurface transit structure to meet the requirements of the District of Columbia Fire Prevention Code, the District of Columbia Municipal Regulations, and the National Fire Protection Association 130);

20 DCMR § 5700.10 (failure for the owner or operator of a UST that is more than 30 years old to remove the tank from the ground in accordance with 20 DCMR Chapter 61 within five (5) years of the regulations becoming effective);

20 DCMR § 5700.11 (failure of the owner or operator of a UST that is more than 30 years old to perform a tightness test within one (1) year of the date the regulations become effective and, in case of test failure, to remove the UST within one (1) year from the date of the test);

20 DCMR § 5701.3 (failure to operate and maintain cathodic protection system in new petroleum UST, in accordance with 20 DCMR § 5901);

20 DCMR § 5701.4 (failure to meet requirements for design, construction, and installation of secondary containment systems in a new petroleum UST);

20 DCMR § 5701.5 (failure, if continuous monitoring methods are not used, to test each secondary containment system every three (3) years to ensure the interstitial area is liquid-tight);

20 DCMR § 5701.6 (failure to meet requirements for design, construction, and installation of double-walled tanks in a new petroleum UST);

20 DCMR § 5701.7 (failure to meet requirements for design, construction, and installation of external liner systems (including vaults) in a new petroleum UST);

20 DCMR § 5702.3 (failure to operate and maintain each cathodic protection system in a hazardous substance UST system, in accordance with 20 DCMR § 5901);

20 DCMR § 5702.4 (failure to meet requirements for design, construction, and installation of double-walled tanks in a new hazardous substance UST);

20 DCMR § 5703.3 (failure to operate and maintain each cathodic protection system in a new heating oil UST system in accordance with 20 DCMR § 5901);

20 DCMR § 5703.4 (failure to meet requirements for design, construction, and installation of secondary containment systems in a new heating oil UST system);

20 DCMR § 5703.5 (failure, if continuous monitoring methods are not used, to test each secondary containment system every three years to ensure the interstitial area is liquid-tight in a new heating oil UST system);

20 DCMR § 5703.6 (failure to meet requirements for design, construction, and installation of double-walled tanks in a new heating oil UST system);

20 DCMR § 5703.7 (failure to meet requirements for design, construction, and installation of external liner systems (including vaults) in a new heating oil UST system);

20 DCMR § 5704.1 (failure of UST piping that is in contact with earthen materials to be designed, constructed, and protected from corrosion as specified);

20 DCMR § 5704.4 (failure to operate and maintain cathodic protection system in UST piping, in accordance with 20 DCMR § 5901);

20 DCMR § 5704.5 (failure to meet requirements for design and construction of secondary containment systems in UST piping as set forth in 20 DCMR § 5701.4);

20 DCMR § 5705.3 (failure to use overfill prevention equipment that meets specified requirements);

20 DCMR § 5705.4 (using flow restrictors in vent lines as the only method of overfill prevention when the overfill prevention is installed or replaced after the date the regulations become effective);

20 DCMR § 5705.5 (failure to use an automatic shutoff valve to comply with 20 DCMR § 5705.3 in tanks that are susceptible to over-pressurization);

20 DCMR § 5705.7 (failure of spill prevention equipment to have a minimum capacity of ten (10) gallons);

20 DCMR § 5706.1 (failure to install a UST system as specified);

20 DCMR § 5706.2 (failure to ensure that each UST installation is performed by or supervised by a UST System Technician as set forth in 20 DCMR Chapter 65);

20 DCMR § 5706.3 (failure to complete all work listed in the manufacturer’s installation checklist for each UST installation); or

20 DCMR § 5706.4 (failure to submit a soil sampling report before installation and obtain inspection and approval by the Department prior to placement of backfill for completion of installation).

4008.7 In addition to §§ 4008.5, 4008.6, 4008.8, 4008.9, 4008.10, and 4008.11, violation of any of the following provisions shall be a Class 2 infraction:

20 DCMR § 5706.5 (failure to perform a tank tightness test upon installation of a UST system prior to its use);

20 DCMR § 5801.5 (failure, if internal lining is the sole method of corrosion protection for a UST, to inspect the lining at least once a year for the conditions listed in 20 DCMR § 5801.4(a)-(c));

20 DCMR § 5801.6 (failure to follow specified requirements for tank linings that have failed inspections);

20 DCMR § 5802.1 (failure to cathodically protect metal piping that is in contact with earthen materials, in accordance with code of practice);

20 DCMR § 5802.2 (failure to cathodically protect metal piping that is in contact with earthen materials, in accordance with requirements of 20 DCMR §§ 5704.3 and 5704.4);

20 DCMR § 5802.3 (failure to replace metal piping that is in contact with earthen materials that does not meet the requirements of 20 DCMR §§ 5802.1 and 5802.2, with new piping that satisfies the requirements of 20 DCMR § 5704);

20 DCMR § 5804.1 (failure to perform a tank tightness test as set forth in 20 DCMR § 6007 upon completion of a UST system upgrade and prior to placing the UST system in operation);

20 DCMR § 5900.1 (failure to ensure that releases due to spilling or overfilling do not occur and to follow an approved code of practice);

20 DCMR § 5900.2 (failure to ensure that the available tank volume is greater than the volume of product to be transferred to the tank before each transfer is made);

20 DCMR § 5900.3 (failure to ensure that each transfer operation is monitored constantly to prevent overfilling or spilling and is performed in accordance with the UST manufacturer’s specifications);

20 DCMR § 5900.4 (failure to hold delivery nozzles open manually where product is transferred by means of pressurized delivery);

20 DCMR § 5900.5 (failure to install a visible and audible vent alarm device where product is transferred by means of pressurized delivery);

20 DCMR § 5900.6 (failure to discontinue delivery where vent alarm indicates an obstruction to the vent);

20 DCMR § 5900.7 (failure to keep spill prevention equipment clean and dry);

20 DCMR § 5900.8 (failure to ensure that all fill lines for the UST system are clearly marked to indicate the size of tank and type of regulated substance in accordance with specified methods);

20 DCMR § 5900.9 (marking pipes or other openings in a way that could be associated with a regulated substance if they are not used for the transfer of that substance);

20 DCMR § 5900.11(a) (failure to comply, for UST systems in use on or before the date the UST regulations become effective, with the regulations of 20 DCMR § 5900.12 through 15 no later than October 13, 2021);

20 DCMR § 5900.11(b) (failure to comply, for UST systems brought into use after the UST regulations become effective, with the regulations of 20 DCMR § 5900.12 through 15 upon installation);

20 DCMR § 5900.12 (failure to test all spill prevention equipment and containment sumps once every three (3) years for liquid tightness in accordance with 20 DCMR § 5900.14);

20 DCMR § 5900.14 (failure to conduct liquid tightness tests in accordance with one of the criteria provided in § 5900.14);

20 DCMR § 5900.15 (failure to inspect overfill prevention equipment at least once every three (3) years to ensure that overfill equipment will activate at the level specified in 20 DCMR § 5705.3);

20 DCMR § 5901.1 (failure of a steel tank UST system or a steel-fiberglass-reinforced plastic composite UST system with corrosion protection to comply with requirements of 20 DCMR § 5901);

20 DCMR § 5901.2 (failure to operate and maintain each corrosion protection system to continuously provide corrosion protection);

20 DCMR § 5901.3 (failure to have cathodic protection system inspected by a qualified cathodic protection tester within six (6) months of installation and every three (3) years thereafter);

20 DCMR § 5901.4 (failure to conduct cathodic protection testing in accordance with criteria set forth in an approved code of practice); or

20 DCMR § 5901.5 (failure to inspect UST system with an impressed current cathodic protection system every sixty (60) days).

4008.8 In addition to §§ 4008.5, 4008.6, 4008.7, 4008.9, 4008.10, and 4008.11, violation of any of the following provisions shall be a Class 2 infraction:

20 DCMR § 5901.6 (failure to maintain specified operational records of cathodic protection for a UST system, in accordance with 20 DCMR § 5602);

20 DCMR § 5901.7 (failure to conduct annual inspection of USTs that use internal lining as the sole method of corrosion protection in accordance with 20 DCMR § 5801.5);

20 DCMR § 5901.8 (failure to permanently close a UST that fails the annual inspection and cannot be repaired in accordance with the closure processes of 20 DCMR § 6101);

20 DCMR § 5902.1 (failure to ensure that repairs to a UST system are made using the proper materials and techniques and that repairs will prevent releases);

20 DCMR § 5902.2 (failure to follow a code of practice in complying with repair or replacement requirements for a UST system);

20 DCMR § 5902.5 (failure to replace metal pipe sections or fittings that have released a regulated substance or that constitute a threat of release, in accordance with 20 DCMR § 5704);

20 DCMR § 5902.6 (failure to replace non-corrodible or fiberglass pipes and fittings, or flexible pipes that have released a regulated substance or that constitute a threat of release, in accordance with 20 DCMR § 5704);

20 DCMR § 5902.7 (failure to perform a tightness test in accordance with an approved code of practice within thirty (30) days of completing a repair to secondary containment or containment sumps used for interstitial monitoring and before placing the tank back in service);

20 DCMR § 5902.8 (failure to perform a tightness test in accordance with 20 DCMR § 6007 within thirty (30) days of completing a repair to a tank or piping and before placing the tank back in service);

20 DCMR § 5902.9 (failure to test the cathodic protection system in accordance with 20 DCMR §§ 5901.3 through 5901.5 within six (6) months following repair);

20 DCMR § 5902.10 (failure to maintain repair records for ten (10) years, or for the remaining operating life of repaired UST, whichever is longer);

20 DCMR § 5902.11 (failure to ensure that a UST system repair is carried out or supervised by a certified UST System Technician);

20 DCMR § 5902.14 (failure to test or inspect spill or overfill equipment in accordance with 20 DCMR § 5900 within thirty (30) days of a repair);

20 DCMR § 5903.1 (failure to use a UST system that is made of or lined with materials that are compatible with the substance stored in the UST system);

20 DCMR § 5903.3 (failure to demonstrate compatibility between a UST system and the regulated substance it contains);

20 DCMR § 5904.1 (failure to conduct a walkthrough inspection no later than October 13, 2021);

20 DCMR § 5904.2 (failure to conduct walkthrough inspections every thirty (30) days in accordance with specified requirements);

20 DCMR § 5904.3 (failure to conduct annual walkthrough inspections in accordance with specified requirements);

20 DCMR § 6000.4 (failure to complete closure requirements of 20 DCMR Chapter 61 when release detection method in compliance with 20 DCMR Chapter 60 cannot be applied);

20 DCMR § 6000.12 (failure to notify Department within twenty-four (24) hours and to comply with temporary closure requirements of 20 DCMR § 6100 if release detection system is not repaired or replaced within forty-five (45) days of improper performance);

20 DCMR § 6000.14 (failure to operate and maintain the release detection system and test electronic and mechanical components in accordance with approved criteria);

20 DCMR § 6002.3 (failure to check secondary containment systems for evidence of a release at least every thirty (30) days);

20 DCMR § 6002.4 (failure to test the secondary containment system every three (3) years to ensure the interstitial area is liquid-tight, or to use continuous monitoring methods);

20 DCMR § 6003.3 (failure to monitor tanks for releases at least once every thirty (30) days using specified methods);

20 DCMR § 6003.6 (failure of owner or operator of a petroleum UST, excepting those exempted, to check for evidence of a release at least once every thirty (30) days using interstitial monitoring); or

20 DCMR § 6003.7 (failure to test the secondary containment system every three (3) years to ensure the interstitial area is liquid-tight, or to use continuous monitoring methods).

4008.9 In addition to §§ 4008.5, 4008.6, 4008.7, 4008.8, 4008.10, and 4008.11, violation of any of the following provisions shall be a Class 2 infraction:

20 DCMR § 6004.1 (failure to regularly monitor petroleum UST system underground piping, in accordance with 20 DCMR § 6004);

20 DCMR § 6004.4 (failure to use automatic line leak detectors that meet specified standards);

20 DCMR § 6004.5 (failure to annually test for the proper operation of the automatic line leak detector in accordance with the manufacturer’s instructions);

20 DCMR § 6004.6 (failure to perform an annual line tightness test for underground piping that conveys regulated substances under pressure, in accordance with 20 DCMR § 6004.8, or to conduct monthly monitoring of piping, in accordance with 20 DCMR § 6004.10);

20 DCMR § 6004.7 (failure to perform a line tightness test every three (3) years for underground piping that conveys regulated substances under suction, in accordance with 20 DCMR § 6004.8, or to conduct monthly monitoring of piping, in accordance with 20 DCMR § 6004.10);

20 DCMR § 6004.11 (failure to check secondary containment systems on underground piping installed or replaced after February 8, 2007, for evidence of a release at least every thirty (30) days using interstitial monitoring);

20 DCMR § 6005.3 (failure to conduct product inventory control monthly in specified manner);

20 DCMR § 6006.1 (failure to conduct manual tank gauging in accordance with 20 DCMR § 6006);

20 DCMR § 6006.6 (failure to follow requirements of 20 DCMR Chapter 62 for a suspected release following a specified variation in liquid level measurements);

20 DCMR § 6013.6 (failure to comply with any conditions imposed by the Department upon approval of an alternative release detection method);

20 DCMR § 6100.2 (failure to comply with the requirements of 20 DCMR § 6100 when a UST system is temporarily closed);

20 DCMR § 6100.6 (failure to empty UST of product in accordance with 20 DCMR § 6100.9 during temporary closure of UST system);

20 DCMR § 6100.7 (failure to comply with release detection requirements in accordance with 20 DCMR Chapter 60 during temporary closure of UST system);

20 DCMR § 6100.9(a)-(c) (failure to empty UST system, open vent lines, and cap and secure all other lines, pumps, manways, and ancillary equipment within ninety (90) days after a UST system is temporarily closed);

20 DCMR § 6100.9(d) (failure to submit required contractor certification form within seven (7) days after completing requirements for temporary closure of a UST system);

20 DCMR § 6101.1 (failure to comply with 20 DCMR § 6101 when a UST system is permanently closed or undergoes a change-in-service);

20 DCMR § 6101.2 (failure to submit UST activity notification form no less than two (2) weeks before beginning a permanent closure or a change-in-service);

20 DCMR § 6101.4 (failure to properly empty and clean the tank prior to each change-in-service);

20 DCMR § 6101.5 (failure to properly empty and clean UST system prior to removing it from the ground);

20 DCMR § 6101.6 (failure to remove from the ground a UST system that is to be closed permanently, unless the Department grants a variance pursuant to 20 DCMR § 6101.7);

20 DCMR § 6101.9 (failure to empty, clean, and fill tank with an inert solid material and comply with 20 DCMR § 5500.05 when a tank removal variance is granted);

20 DCMR § 6101.10 (failure to conduct a closure assessment of the excavation zone prior to permanent closure or a change-of-service of a UST system);

20 DCMR § 6101.11 (failure to consider specified factors when selecting sample types, sample locations, and measurement methods for the closure assessment and to comply with other requirements of the Department for number of samples or location of borings or wells);

20 DCMR § 6101.15 (failure to evaluate the excavation zone in accordance with specified requirements in the case of a release of a regulated substance);

20 DCMR § 6101.16 (failure to submit a closure assessment report, including a closure notification form, within thirty (30) days after completing the permanent closure or change-in-service); or

20 DCMR § 6102 (failure to assess the excavation zone and properly close a UST system that was previously closed-in-place, removed, or temporarily closed, as directed).

4008.10 In addition to §§ 4008.5, 4008.6, 4008.7, 4008.8, 4008.9, and 4008.11, violation of any of the following provisions shall be a Class 2 infraction:

20 DCMR § 6202.3 (failure to include required information in notification of release or suspected release);

20 DCMR § 6203.6 (failure to consider appropriate selection factors and to comply with Departmental directives and protocols for sample types, sample locations, and measurement methods);

20 DCMR § 6203.12 (failure to conduct initial site assessment to evaluate on-site conditions in accordance with specified requirements and any applicable protocols of the Department);

20 DCMR § 6205.4 (failure to conduct site assessment activities in accordance with an appropriate health and safety plan and make plan available for inspection);

20 DCMR § 6207.12 (failure to provide the Department with an opportunity to inspect the site at its request prior to implementation of the Corrective Action Plan);

20 DCMR § 6210.8 (failure to remove all equipment, drums, and waste and ensure that all wells are properly abandoned within six (6) months following notice of no further action or case closure);

20 DCMR § 6301.4 (failure to submit records, documents, or other information within twenty (20) days of a request, or other time frame specified by the Department);

20 DCMR § 6500.1 (failure of any individual who performs UST system activities in the District to be a certified or to be supervised on-site by a certified individual);

20 DCMR § 6500.2 (failure of individual performing or supervising UST installation, upgrade, retrofit, or repair to be a certified UST System Technician);

20 DCMR § 6500.3 (failure of individual performing or supervising UST system closure-in-place or removal to be a certified UST System Technician or UST Closure Specialist);

20 DCMR § 6500.4 (failure of individual performing a tightness test to be a certified UST System Tester);

20 DCMR § 6500.5 (failure of a UST system owner or operator to ensure that any UST system activity is performed by, or is subject to the continuous on-site supervision of, a person certified to perform or supervise the activity under 20 DCMR Chapter 65);

20 DCMR § 6500.7 (failure of a business that performs UST system activities in the District to be licensed by the Department and to employ individuals certified to perform each of the UST system activities for which the business is licensed);

20 DCMR § 6500.9 (transferring a UST system certification or license);

20 DCMR § 6502.1 (failure to designate at least one Class A, one Class B, and one Class C operator for each active UST facility);

20 DCMR § 6502.2 (dispensing or storing a regulated substance when Class A, B, and C operators have not been designated and trained as required by 20 DCMR §§ 6502 and 6503);

20 DCMR § 6502.6 (failure of trained operators to be readily available to respond to suspected or confirmed releases, other unusual operating conditions, emergencies, or equipment failures);

20 DCMR § 6502.7 (failure to prominently display at the facility emergency contact information and emergency procedures for users of unmanned facilities);

20 DCMR § 6503.1 (failure to ensure that all operators receive required training and retraining);

20 DCMR § 6503.2 (failure of Class A and Class B operators for a petroleum UST system to complete required retraining within thirty (30) days of being notified that a UST system is out of compliance);

20 DCMR § 6503.3 (failure of Class A operator to complete required training);

20 DCMR § 6503.4 (failure of Class B operator to complete required training);

20 DCMR § 6503.5 (failure of Class C operator to complete required training);

20 DCMR § 6503.7 (failure to train a replacement Class A or B operator within thirty (30) days of the operator assuming duties);

20 DCMR § 6503.8 (failure to train Class C operators prior to assuming duties as a Class C operator); or

20 DCMR § 6503.9 (failure of training providers to obtain written approval from the Department prior to delivering training courses for Class A, B, and C operators).

4008.11 In addition to §§ 4008.5, 4008.6, 4008.7, 4008.8, 4008.9, 4008.10, and 4008.12, violation of any of the following provisions shall be a Class 2 infraction:

20 DCMR § 6503.10 (failure to maintain documentation that designated Class A, B, and C operators have received the required training and retraining for as long as they remain designated);

20 DCMR § 6700.8 (failure to immediately file a certification of financial responsibility for an existing UST in accordance with 20 DCMR § 5500.4);

20 DCMR § 6700.9 (failure to file a certification of financial responsibility with the Department within thirty (30) days after installation of a new UST or changing the substance stored to petroleum);

20 DCMR § 6700.10 (failure to demonstrate minimum required per-occurrence amount of financial responsibility for specified petroleum USTs);

20 DCMR § 6700.11 (failure to demonstrate minimum required per-occurrence amount of financial responsibility for petroleum USTs not covered by 20 DCMR § 6700.10);

20 DCMR § 6700.12 (failure to demonstrate minimum required annual aggregate amount of financial responsibility);

20 DCMR § 6700.16 (failure to meet new financial responsibility requirements on anniversary of effective date of financial responsibility mechanism, following acquisition or installation of additional USTs);

20 DCMR § 6701.1 (failure to utilize mechanism(s) listed in 20 DCMR §§ 6703 through 6710 to demonstrate financial responsibility);

20 DCMR § 6701.6 (failure to obtain alternate assurance of financial responsibility within thirty (30) days after the owner receives notice of any condition set forth in 20 DCMR § 6701.6(a)-(d));

20 DCMR § 6701.7 (failure to update certification of financial responsibility within thirty (30) days of change in financial assurance mechanism);

20 DCMR § 6702.8 (failure to submit current evidence of financial responsibility within thirty (30) days after identifying a UST release required to be reported under 20 DCMR § 6201 or § 6202);

20 DCMR § 6702.9 (failure to submit current evidence of financial responsibility within thirty (30) days after receiving notice of the incapacity of a provider of assurance under 20 DCMR § 6701.6);

20 DCMR § 6702.10 (failure to submit evidence of financial assurance or other relevant information as required by the Department);

20 DCMR § 6703.4 (failure to obtain alternative assurance within specified time period when no longer meeting requirements of financial tests of self-insurance set forth in 20 DCMR §§ 6704 or 6705);

20 DCMR § 6703.5 (failure to provide reports of financial condition as required by Department or failure to timely obtain alternate assurance following notification by Department);

20 DCMR § 6703.6 (failure to notify the Department of the failure to timely obtain alternate assurance as required under 20 DCMR §§ 6703.4 or 6703.5);

20 DCMR § 6706.1 (failure to comply with criteria in 20 DCMR § 6706 when obtaining a guarantee to meet financial responsibility requirements of 20 DCMR § 6700);

20 DCMR § 6707.1 (failure to comply with requirements of 20 DCMR § 6707 when obtaining liability insurance to meet financial responsibility requirements of 20 DCMR § 6700);

20 DCMR § 6708.1 (failure to comply with requirements of 20 DCMR § 6708 when obtaining a surety or performance bond to meet financial responsibility requirements of 20 DCMR § 6700);

20 DCMR § 6709.1 (failure to comply with requirements of 20 DCMR § 6709 when obtaining a letter of credit to meet financial responsibility requirements of 20 DCMR § 6700);

20 DCMR § 6710.1 (failure to comply with requirements of 20 DCMR § 6710 when establishing a trust fund to meet financial responsibility requirements of 20 DCMR § 6700);

20 DCMR § 6714.4 (failure to send a copy of each notice of cancellation or termination of financial assurance to the Department in accordance with 20 DCMR § 5500.4 at the same time that notice is sent to the owner);

20 DCMR § 6714.5 (failure to obtain alternative financial assurance coverage within sixty (60) days after receipt of notice of cancellation or non-renewal of financial assurance);

20 DCMR § 6714.6 (failure to submit notification and required information following the failure to obtain alternate coverage within sixty (60) days after receipt of a notice of termination);

20 DCMR § 6715.1 (failure to provide proper and timely notification of commencement of bankruptcy proceedings and to submit appropriate forms listed in 20 DCMR §§ 6702.4 through 6702.7 documenting financial responsibility); or

20 DCMR § 6715.5 (failure to provide notification of failure to obtain alternate coverage within thirty (30) days after notification of bankruptcy or incapacity).

4008.12 In addition to §§ 4008.13, 4008.14, 4008.15, and 4008.16, violation of any of the following provisions shall be a Class 3 infraction:

20 DCMR § 5502.3 (failure to maintain records demonstrating compliance for systems exempted from corrosion protection requirements);

20 DCMR § 5601.1 (failure to register a UST in accordance with 20 DCMR § 5601);

20 DCMR § 5601.5 (failure to renew the registration for each UST before November 30 of each calendar year);

20 DCMR § 5601.10 (failure of seller of UST to provide required notifications);

20 DCMR § 5602.2 (failure to provide information under 20 DCMR §§ 5602.1(b), (c), (d), and (f), 6204.7, and 6205.3 to the District Fire Chief);

20 DCMR § 5602.3 (failure to maintain specified records and information at the UST facility);

20 DCMR § 5602.4 (failure to maintain specified records for required period and have records immediately available for inspection);

20 DCMR § 5602.5 (failure to keep records required under 20 DCMR § 5602.3(d) either at the UST location or at another location where the records can be viewed by a person in the District);

20 DCMR § 5602.6 (failure to deliver permanent closure records that cannot be kept at the facility or an alternative location in the District to the Department);

20 DCMR § 5602.7 (failure to maintain records for required period);

20 DCMR § 5603.6 (failure to provide notice at least twenty-four hours in advance of the time and date of any tank tightness test);

20 DCMR § 5706.6 (failure to ensure that UST System Technician completes certification of compliance on UST notification form);

20 DCMR § 5801.1 (failure to upgrade steel tanks in accordance with an approved code of practice);

20 DCMR § 5801.2 (failure to submit plans and obtain approval from the Department before upgrading an existing tank to stage I vapor recovery);

20 DCMR § 5801.3 (failure to comply with specified requirements for upgrading a UST by internal lining);

20 DCMR § 5801.4 (failure to inspect the interior of a lined tank within ten (10) years after lining or every five (5) years thereafter, in order to ensure the lining is structurally sound, free of corrosion holes, and performing in accordance with original design specifications);

20 DCMR § 5801.7 (upgrading a tank by cathodic protection without meeting the requirements of 20 DCMR §§ 5701.2 and 5701.3, and without following specified methods for ensuring the integrity of the tank);

20 DCMR § 5801.8 (upgrading a tank by both internal lining and cathodic protection without meeting the requirements of 20 DCMR §§ 5902, 5701.2, and 5701.3);

20 DCMR § 5902.12 (failure to ensure that certified UST System Technician completes certification of compliance on UST notification form);

20 DCMR § 5903.2 (failure to notify the Department at least thirty (30) days prior to changing the product stored in a UST to a regulated substance containing greater than ten percent (10%) ethanol or greater than twenty percent (20%) biodiesel);

20 DCMR § 5903.4 (failure to maintain records of compliance with 20 DCMR §§ 5903.2 and 5903.3 when storing regulated substances);

20 DCMR § 5904.6 (failure to prepare required records following a walkthrough inspection);

20 DCMR § 5904.7 (failure to maintain records of walkthrough inspections for ten (10) years);

20 DCMR § 6000.6 (failure to install, calibrate, operate, and maintain each release detection system in accordance with the manufacturer’s instructions);

20 DCMR § 6000.8 (failure to provide written performance claims before installing a release detection system); or

20 DCMR § 6001.1 (failure to properly maintain records demonstrating compliance with 20 DCMR Chapter 60).

4008.13 In addition to §§ 4008.12, 4008.14, 4008.15, and 4008.16, violation of any of the following provisions shall be a Class 3 infraction:

20 DCMR § 6001.2 (failure to maintain for at least ten (10) years written performance claims for release detection systems);

20 DCMR § 6001.3 (failure to maintain for at least ten (10) years the results of any sampling, testing, or monitoring conducted under 20 DCMR Chapter 60);

20 DCMR § 6001.4 (failure to retain results of tank tightness testing until the next test of the UST system);

20 DCMR § 6001.5 (failure to maintain written documentation of all calibration, maintenance, and repair of release detection equipment for at least three (3) years);

20 DCMR § 6001.6 (failure to retain for at least ten (10) years all schedules of required calibration and maintenance provided by the release detection equipment manufacturer);

20 DCMR § 6001.7 (failure, after October 13, 2021, of an owner or operator using groundwater or vapor monitoring to maintain records signed by a qualified professional of site assessments conducted pursuant to 20 DCMR §§ 6009.7 or 6010.7);

20 DCMR § 6005.3 (failure to conduct product inventory control monthly in the manner specified in 20 DCMR § 6005.3(a)-(f));

20 DCMR § 6006.3 (failure to conduct manual tank gauging weekly);

20 DCMR § 6006.4 (failure to properly take tank liquid level measurements and record measurements on approved form);

20 DCMR § 6006.5 (failure to use proper manual tank gauging equipment);

20 DCMR § 6007.3 (failure to use a tank tightness test that meets specified requirements);

20 DCMR § 6008.1 (failure to use automatic tank gauging equipment that meets requirements of 20 DCMR § 6008);

20 DCMR § 6008.2 (failure to ensure proper installation of tank gauging probe);

20 DCMR § 6008.3 (failure to use automatic product level monitor test that meets specified requirements);

20 DCMR § 6008.4 (failure to install tanks horizontally without tank tilt if automatic tank gauging is used);

20 DCMR § 6008.5 (failure to inspect automatic tank gauging system at least every thirty (30) days);

20 DCMR § 6008.6 (failure of automatic tank gauging equipment to meet the inventory control requirements of 20 DCMR § 6005.3);

20 DCMR § 6008.7 (failure of the owner or operator to test for loss of product using one of the provided modes);

20 DCMR § 6009.2 (failure to use proper backfill materials);

20 DCMR § 6009.3 (failure of stored regulated substance or tracer compound to have sufficient volatility);

20 DCMR § 6009.4 (vapor measurement rendered inoperative or less effective due to ground water, rainfall, soil moisture, or other known interference);

20 DCMR § 6009.5 (background contamination in the excavation zone interfering with the vapor monitoring method);

20 DCMR § 6009.6 (failure to use vapor monitor that is properly designed and operated);

20 DCMR § 6009.7 (failure to assess the excavation zone as required before using vapor monitoring);

20 DCMR § 6009.8 (failure to clearly and properly mark and secure monitoring wells); or

20 DCMR § 6010.1 (failure to test and monitor for regulated substances in the ground water or in the tank excavation zone in accordance with 20 DCMR § 6010).

4008.14 In addition to §§ 4008.12, 4008.13, 4008.15, and 4008.16, violation of any of the following provisions shall be a Class 3 infraction:

20 DCMR § 6010.2 (failure of the regulated substance stored to be immiscible in water and have a specific gravity of less than one);

20 DCMR § 6010.3 (ground water more than twenty (20) feet from the ground surface or hydraulic conductivity of the soils less than one hundredth of a centimeter per second (0.01 cm/sec) if testing or monitoring for regulated substances in ground water);

20 DCMR § 6010.4 (failure to design slotted portion of monitoring well casing to prevent migration of natural soils or filter pack into the well and to allow entry of regulated substance on the water table into the well);

20 DCMR § 6010.5 (failure to seal monitoring wells from the ground surface to the top of the filter pack);

20 DCMR § 6010.6 (failure of monitoring wells or devices to intercept the excavation zone or be as close to the excavation zone as is technically feasible);

20 DCMR § 6010.7 (failure to assess the excavation zone as required before using groundwater monitoring);

20 DCMR § 6010.8 (failure to use continuous monitoring devices or manual methods capable of detecting at least one eighth (1/8) inch of free regulated substance);

20 DCMR § 6010.9 (failure to clearly mark and secure each monitoring well to avoid unauthorized access or tampering);

20 DCMR § 6011.2 (failure of an owner or operator of a UST system installed or replaced after February 8, 2007 to check for a release at least once every thirty (30) days using interstitial monitoring);

20 DCMR § 6011.3 (failure to install an interstitial monitoring system that can detect a leak from any portion of the tank or piping system that routinely carries a regulated substance);

20 DCMR § 6011.4 (failure to properly maintain the vacuum in vacuum monitoring);

20 DCMR § 6011.5 (failure to follow the requirements of 20 DCMR Chapter 62 if vacuum falls below five (5) inches of mercury);

20 DCMR § 6011.6 (failure to gain prior Department approval before re-instituting a vacuum more frequently than once every three (3) months);

20 DCMR § 6011.7 (failure to use sampling or testing method for a double-walled UST system capable of detecting a release through the inner wall);

20 DCMR § 6011.8 (failure to use an automated device capable of detecting a release between the inner wall and the internally fitted liner and to use a liner that is compatible with the substance stored);

20 DCMR § 6011.9 (failure of secondary barrier within the excavation zone to meet specified requirements);

20 DCMR § 6011.10 (failure to use sampling or testing method capable of detecting a release between the UST system and the secondary barrier within the excavation zone);

20 DCMR § 6011.11 (use of testing or sampling method that is rendered inoperative or less effective due to ground water, rainfall, soil moisture, or other known interference);

20 DCMR § 6011.12 (failure to assess the site for a UST system with a secondary barrier within the excavation zone to ensure that the secondary barrier is always above the groundwater and not in a twenty-five (25) year floodplain);

20 DCMR § 6011.13 (failure to clearly mark and secure monitoring wells for each UST system with a secondary barrier within the excavation zone to avoid unauthorized access or tampering);

20 DCMR § 6011.15 (failure to repair, upgrade, or close a leaking inner or outer tank wall or liner as specified in 20 DCMR § 6203);

20 DCMR § 6012.2 (failure to conduct monthly statistical inventory reconciliation in accordance with 20 DCMR § 6012.2(a)-(c));

20 DCMR § 6012.3 (failure to verify the accuracy of a statistical inventory reconciliation method in accordance with 20 DCMR §§ 6012.2 and 6000.9);

20 DCMR § 6012.4 (failure to obtain independent third party certification that a statistical inventory reconciliation method is accurate and maintain evaluation records for ten (10) years);

20 DCMR § 6100.5 (failure to submit temporary closure notification form at least thirty (30) days before a UST system is temporarily closed); or

20 DCMR § 6100.10 (failure to permanently close a UST system in accordance with 20 DCMR § 6101 after a UST system has been temporarily closed for twelve (12) months).

4008.15 In addition to §§ 4008.12, 4008.13, 4008.14, and 4008.16, violation of any of the following provisions shall be a Class 3 infraction:

20 DCMR § 6103.1 (failure to maintain records of compliance with closure requirements in accordance with 20 DCMR § 5602);

20 DCMR § 6103.2 (failure to properly maintain closure assessment results for at least ten (10) years after completion of permanent closure or change-in-service);

20 DCMR § 6103.3 (failure to deliver records demonstrating compliance with 20 DCMR Chapter 61 to the Department after ten (10) years);

20 DCMR § 6203.14 (failure to submit initial site assessment report and any applicable monthly status report within sixty (60) days after release confirmation, or failure to submit a work plan for future site activities);

20 DCMR § 6204.7 (failure to prepare and submit a status report on the removal of any free product in accordance with 20 DCMR § 5500.4);

20 DCMR § 6204.8 (failure to submit a status report within sixty (60) days of release confirmation and then once every quarter until the Department determines the free product removal is complete);

20 DCMR § 6207.13 (failure to monitor, evaluate, and timely report the results of corrective action plan implementation);

20 DCMR § 6207.16 (failure to evaluate the effectiveness of the corrective action plan at the end of each year of implementation);

20 DCMR § 6210.2 (failure to maintain for at least three (3) years all records and reports documenting the transport and disposal of wastes generated at a UST site while the corrective action plan is being carried out);

20 DCMR § 6500.6 (failure of certified UST System Technician, Closure Specialist, or Tester to carry and make available for inspection the identification card or certificate issued by the Department at all times while conducting the applicable UST activity);

20 DCMR § 6500.8 (failure of business licensed to perform UST system activities to provide list of employees who are not certified but who perform supervised on-site UST activities);

20 DCMR § 6500.10 (failure to surrender certification or license to the Department within ten (10) business days after closure or termination of a business);

20 DCMR § 6502.3 (failure of a Class A operator to meet all requirements or duties, as provided under 20 DCMR § 6502.3(a)-(c));

20 DCMR § 6502.4 (failure of a Class B operator to meet all requirements or duties, as provided under § 6502.4(a)-(c));

20 DCMR § 6502.5 (failure of a Class C operator to meet all requirements or duties, as provided under § 6502.5(a)-(c));

20 DCMR § 6502.9 (failure to maintain required list of designated operators);

20 DCMR § 6502.10 (failure to keep a copy of the requisite documentation on site and available for inspection at the UST facility);

20 DCMR § 6502.11 (failure to conspicuously post Class C operator and owner contact information at unstaffed facilities);

20 DCMR § 6702.1 (failure to maintain a copy of each financial assurance mechanism until released from financial responsibility requirements under 20 DCMR § 6700.5 or § 6700.6);

20 DCMR § 6702.2 (failure to make available to the Department upon request, records of financial assurance maintained off-site);

20 DCMR § 6702.3 (failure to maintain a copy of the appropriate assurance instrument in the prescribed form);

20 DCMR § 6702.4 (failure to maintain a copy of chief financial officer’s letter of assurance when using a financial test of self-insurance or guarantee);

20 DCMR § 6702.5 (failure to maintain a copy of signed standby trust fund agreement when using a guarantee, surety bond, or letter of credit);

20 DCMR § 6702.6 (failure to maintain a copy of signed insurance policy or risk retention group coverage policy and endorsement or certificate of insurance);

20 DCMR § 6702.7 (failure to maintain copy of certification of financial responsibility in prescribed form); or

20 DCMR § 6706.4 (failure to properly demonstrate to the owner within one hundred twenty (120) days after the close of each financial reporting year that the guarantor meets the financial test criteria of 20 DCMR §§ 6704 or 6705).

4008.16 In addition to §§ 4008.12, 4008.13, 4008.14, and 4008.15, violation of any of the following provisions shall be a Class 3 infraction:

20 DCMR § 6706.5 (failure to timely notify the owner by certified mail before cancellation or non-renewal of the guarantee if the guarantor fails to meet the requirements of the financial test at the end of any financial reporting year);

20 DCMR § 6706.6 (failure to timely notify owner by certified mail if guarantor no longer meets the requirements of the financial test of §§ 6704 or 6705 or 6703.3);

20 DCMR § 6711.1 (failure of an owner using any of the financial responsibility mechanisms authorized under 20 DCMR §§ 6706, 6708, or 6709 to establish a standby trust fund when the mechanism is acquired);

20 DCMR § 6711.2 (failure of a standby trust fund to have trustee with authority to act as a trustee and whose trust operations are regulated and examined by an agency of the federal government or the District of Columbia);

20 DCMR § 6711.3 (failure of standby trust agreement or trust agreement to be in the prescribed form and accompanied by certification of acknowledgement in the prescribed form);

20 DCMR § 6712.1 (failure to place funds in standby trust as required by the Department);

20 DCMR § 6712.2 (failure to place funds in standby trust as required by the Department);

20 DCMR § 6713.1 (failure to timely replenish the value of financial assurance or acquire another financial assurance mechanism if amount in a standby trust is reduced below full amount of coverage required);

20 DCMR § 6714.2 (termination of guarantee, surety bond, or letter of credit prior to one hundred twenty (120) days following owner’s receipt of notice of termination);

20 DCMR § 6714.3 (termination of insurance or risk retention group coverage prior to sixty (60) days following owner’s receipt of notice of termination or, in the case of non-payment of premiums or misrepresentation, prior to ten (10) days following owner or operator’s receipt of notice of termination); or

20 DCMR § 6715.2 (failure of guarantor to provide proper and timely notification to owner of bankruptcy proceeding as required under terms of the guarantee specified in 20 DCMR § 6706).

Violation of any of the following provisions shall be a Class 4 infraction:

20 DCMR § 5601.6 (failure to post a copy of the current UST registration certificate in a visible location at the facility at all times); or

(b) Violation of any provision of the District of Columbia Underground Tank Management Act of 1990, effective March 8, 1991, as amended (D.C. Law 8-242; D.C. Official Code §§ 8-113.01 to 8-113.12), or the District of Columbia Underground Storage Tank Regulations, 20 DCMR Chapters 55-67, which is not cited elsewhere in this section, shall be a Class 4 infraction.

History

SOURCE: Final Rulemaking published at 61 DCR 8407 (August 15, 2014); as amended by Final Rulemaking published at 68 DCR 011423 (October 29, 2021); as amended by Final Rulemaking published at 70 DCR 008875 (June 23, 2023). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4008

16 DCMR § 4009 WATER QUALITY INFRACTIONS

4009.1 Violation of any of the following provisions shall be a Class 1 infraction:

D.C. Official Code § 8-103.02 (discharging a pollutant to the waters of the District without a permit);

D.C. Official Code § 8-103.07(d) (discharging oil, gasoline, anti-freeze, acid or other hazardous substance, pollutant or nuisance material into a public space in a quantity sufficient to constitute a hazard or nuisance);

D.C. Official Code § 8-103.13(b) (constructing a treatment facility without prior approval);

D.C. Official Code § 8-103.13a(a) (constructing a well without a permit);

D.C. Official Code § 8.103.16(b)(1) (knowingly making a false statement in an application, record, report, plan, or other document maintained under the Water Pollution Control Act);

21 DCMR §§ 1401.1 or 1401.3 (harvesting, cutting, removing, or eradicating submerged aquatic vegetation without plan approval); or

21 DCMR § 1407.1 (using an herbicide or chemical to control submerged aquatic vegetation without approval).

4009.2 Violation of any of the following provisions shall be a Class 2 infraction:

D.C. Official Code § 8.103.06(a) (discharging into a sewer material that is corrosive, flammable, explosive or may adversely affect the structure of a sewer line);

D.C. Official Code § 8-103.06(b) (failure to comply with a permit or permit condition);

D.C. Official Code § 8.103.07(e) (discharging used motor oil into a sewer);

D.C. Official Code § 8.103.08(a)(1) (failure to notify the Mayor of a discharge of pollutant from a vessel or facility);

D.C. Official Code § 8-103.13a(c) (failure to comply with procedure for abandoning a well); or

D.C. Official Code § 8-103.15(b) (failure to allow an inspection or sampling related to the regulation of water quality; failure to allow an inspection or copying of a document required to be maintained).

4009.3 Violation of the following provision shall be a Class 3 infraction:

(a) D.C. Official Code § 8.103.06(m) (discharging sanitary sewage, wash or process water, oil laden bilge water, refuse or litter from a watercraft).

4009.4 Violation of any provisions of the Water Pollution Control Act of 1984, effective March 16, 1985, as amended (D.C. Law 5-188; D.C. Official Code §§ 8.103.01 to 8.103.20), which is not cited elsewhere in this section, shall be a Class 4 infraction.

History

SOURCE: Final Rulemaking published at 61 DCR 8407 (August 15, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4009

16 DCMR § 4010 Soil Erosion and Sediment Control and Stormwater management Infractions

4010.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) 21 DCMR § 504.1 (upon notice from the Department, failure to stop work identified);

(b) 21 DCMR § 504.5 (unauthorized removal of a posted stop work order);

(d) 21 DCMR § 509.1 (failure to correct soil erosion occurring as the result of natural forces or past land-disturbing activities after an inspection and an order from the Department);

(e) 21 DCMR § 516.1 (failure to obtain a Department-approved stormwater management plan);

(f) 21 DCMR § 519.1(b) (failure to comply with the maintenance activities in a Department-approved stormwater management plan);

(g) 21 DCMR § 527.2 (failure to maintain or achieve the off-site retention volume);

(h) 21 DCMR § 528.1 (failure to conduct maintenance required by the stormwater management plan approved by the Department);

(i) 21 DCMR § 528.3 (failure to ensure that a best management practice or a land cover on a lot or parcel is maintained in good working order);

(j) 21 DCMR § 528.4 (converting natural land cover associated with a stormwater retention requirement to compacted or impervious land cover, resulting in the loss of retention capacity associated with the land conversion);

(k) 21 DCMR § 528.5 (converting compacted land associated with a stormwater retention requirement to impervious land cover, resulting in the loss of retention capacity associated with the land conversion);

(l) 21 DCMR § 531.3 (failure to maintain the retention capacity for a best management practice or land cover for the period of time for which the Department certified a Stormwater Retention Credit);

(m) 21 DCMR § 532.5(b) (failure to replace a certified Stormwater Retention Credit associated with a retention failure);

(n) 21 DCMR § 534.2 (failure to maintain the retention capacity for a best management practice or land cover for the period of time for which the Department certified the Stormwater Retention Credit);

(o) 21 DCMR § 532.5 (failure to replace a Stormwater Retention Credit (SRC) for which retention failure has occurred with another SRC or pay the in-lieu fee corresponding to the SRC);

(p) 21 DCMR § 540.1 (engaging in razing or land-disturbing activity, including stripping, clearing, grading, grubbing, excavating, and filling of land, without obtaining the Department’s approval of a soil erosion and sediment control plan); or

(q) 21 DCMR § 540.5 (working outside the scope of the Department-approved soil erosion and sediment control plan).

4010.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 21 DCMR § 502.2 (failure to conduct all work in accordance with a Department-approved plan or approved plan change);

(b) 21 DCMR § 503.3 (changing a Department-approved plan or its implementation without Department approval);

(c) 21 DCMR § 503.6 (proceeding past a stage of construction without obtaining the required Department inspection and approval);

(d) 21 DCMR § 503.13 (upon notice from the Department, failure to promptly correct work that fails to comply with a Department-approved plan);

(e) 21 DCMR § 516.3(b) (failure to comply with the terms and conditions of the Department-approved stormwater management plan);

(f) 21 DCMR § 516.3(c) (failure to comply with the Department’s orders and directions to achieve compliance with the Department-approved stormwater management plan);

(g) 21 DCMR § 516.5 (failure to comply with a Department-approved stormwater management plan);

(h) 21 DCMR § 518.12 (failure to submit a complete as-built stormwater management plan package within twenty-one (21) days of the Department’s final construction inspection);

(i) 21 DCMR § 518.13 (failure to submit an as-built stormwater management plan or a Record Drawing for a project consisting entirely of work in the public right-of-way);

(j) 21 DCMR § 528.10 (using soil media removed from a best management practice receiving drainage from an area intended for use or storage of motor vehicles for planting or as fill material);

(k) 21 DCMR § 528.11 (failure to dispose non-vegetative waste material from cleaning, maintaining, repairing, or replacing a best management practice into a landfill or other facility approved for processing these materials);

(l) 21 DCMR § 533.3 (transferring ownership of a Stormwater Retention Credit without the Department’s approval);

(m) 21 DCMR § 540.2 (engaging in a demolition project that results in debris, dust, or sediment leaving the site without instituting the necessary control measure(s));

(n) 21 DCMR § 540.3 (failure to apply each necessary control measure upon receiving instruction to do so by the Department after exposing erodible material and causing erosion);

(o) 21 DCMR § 542.12 (failure to request the Department’s approval at the scheduled stage(s) of construction);

(p) 21 DCMR § 543.3 (failure to use adequate soil erosion and sediment control measures to prevent transportation of sediment from the site);

(q) 21 DCMR § 543.5 (failure to protect a best management practice from sedimentation and other damage during construction);

(r) 21 DCMR § 543.6 (failure to have adequate erosion and sediment control measures in place before and during land disturbance);

(s) 21 DCMR § 543.7 (failure to have soil erosion and sediment control measures in place to stabilize an exposed area as soon as practicable after construction activity has temporarily or permanently ceased);

(t) 21 DCMR § 543.9 (failure to implement measures to prevent the discharge of erodible material or waste material to District sewers or District waterbodies);

(u) 21 DCMR § 543.10(a) (failure to comply with a stormwater pollution prevention plan);

(v) 21 DCMR § 543.12 (except for the area undergoing construction, failure to stabilize area and install perimeter controls within one (1) week of initial land disturbance or redisturbance);

(w) 21 DCMR § 543.13 (failure to control runoff from the site by either diverting or conveying the runoff through areas with soil erosion and sediment control measures, such as through the installation of lined conveyance ditches, channels, or checkdams);

(x) 21 DCMR § 543.14 (failure to apply critical area stabilization to each cut and fill slope);

(y) 21 DCMR § 543.16(a) (failure to establish and maintain perimeter controls around the stockpile material that is actively being used during a phase of construction); or

(z) 21 DCMR § 543.16 (b) (failure to stabilize stockpiled material with mulch, temporary vegetation, hydro-seed, or plastic within fifteen (15) calendar days after last use or addition of material).

4010.3 In addition to § 4010.2, violation of any of the following provisions shall be a Class 2 infraction:

(a) 21 DCMR § 543.17 (failure to install required sediment traps or basins and other soil erosion and sediment controls);

21 DCMR § 543.18 (failure to seed and mulch or install a sod or a stabilization blanket immediately after building debris basins, diversions, waterways, or related structures);

21 DCMR § 543.19 (failure to install measures to minimize off-site vehicle tracking at the construction site access);

21 DCMR § 543.20 (failure to remove off-site accumulations of sediment);

(e) 21 DCMR § 543.21 (failure to maintain and prevent stabilized areas from becoming unstabilized);

(f) 21 DCMR § 545.2 (failure to install measures to achieve a non-eroding velocity for stormwater exiting from a roof or downspout or to temporarily pipe that stormwater directly to a storm drain);

(g) 21 DCMR § 545.3 (failure to maximize the preservation of natural vegetation and limit the removal of vegetation to that is necessary for construction or landscaping activity);

(h) 21 DCMR § 546.1(a) (exposing more than five hundred linear feet (500 ft) of open trench at any one time for land-disturbing activity that involves work on an underground utility);

(i) 21 DCMR § 546.1 (b) (failure to place all excavated material on the uphill side of a trench for land-disturbing activity that involves work on an underground utility);

(j) 21 DCMR § 546.1 (c) (failure to install interim or permanent stabilization upon completion of refilling for land-disturbing activity that involves work on an underground utility);

(k) 21 DCMR § 546.1 (d) (failure to use mulches and matting to minimize soil erosion when natural or artificial grass filter strips are used to collect sediment from excavated material for land-disturbing activity that involves work on an underground utility); or

(l) 21 DCMR § 547.1 (failure to ensure that a responsible person (as described in the chapter) is present or available if a site involves a land disturbance of five thousand square feet (5,000 ft2) or more).

4010.4 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 21 DCMR § 502.4 (failure to notify the Department of a material change in the performance provided for in a Department-approved stormwater pollution prevention plan, including a material change in the volume of stormwater flowing into a best management practice (BMP), a shared BMP, or a land cover);

(b) 21 DCMR § 503.7(a) (failure to schedule a preconstruction meeting or field visit with the Department at least three (3) business days before commencement of a land-disturbing activity);

(c) 21 DCMR § 503.7(b) (failure to schedule a preconstruction inspection with the Department at least three (3) business days before beginning construction of a best management practice);

(d) 21 DCMR § 503.7(c) (failure to schedule an inspection required for a stage of construction or other construction event at least three (3) business days before the anticipated inspection);

(e) 21 DCMR § 503.7(d) (failure to give notice to the Department within two (2) weeks of completion of the land-disturbing activity); or

(f) 21 DCMR § 503.7(e) (failure to request a final construction inspection one (1) week before completion of a best management practice).

4010.5 Violation of any of the following provisions shall be a Class 4 infraction:

(a) 21 DCMR § 542.2 (failure to make the Department-approved soil erosion and sediment control plan for a project available on site for Department review);

(b) 21 DCMR § 543.10(b) (failure to post a copy of the Department-approved stormwater pollution prevention plan on site);

(c) 21 DCMR § 543.22 (failure to post a sign that notifies the public to contact the Department in the event of soil erosion or other pollution); or

(d) Violation of any provision of the District of Columbia Stormwater Management, Soil Erosion and Sedimentation Control Regulations (21 DCMR, Chapter 5) that is not cited elsewhere in this section.

History

SOURCE: Final Rulemaking published at 61 DCR 8407 (August 15, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4010

16 DCMR § 4011 FOOD SERVICE WARE INFRACTIONS

4011.1 [RESERVED]

4011.2 [RESERVED]

4011.3 [RESERVED]

4011.4 Violation of the following provision shall be a Class 4 infraction:

21 DCMR § 2301.1 (selling or providing food or beverage in expanded polystyrene food service products);

(b) 21 DCMR § 2302.1 (selling or providing food or beverage in products that are not recyclable or compostable);

(d) 21 DCMR § 1002.1 (failing to comply with material and labelling requirements);

(e) 21 DCMR § 1011.1 (sale or distribution of non-compliant disposable carryout bags); and

21 DCMR § 2301.3 (selling or offering for sale an expanded polystyrene food service product, expanded polystyrene container, or expanded polystyrene packing material).

History

Source: Final Rulemaking published at 63 DCR 4448 (March 25, 2016); as amended by Final Rulemaking published at 66 DCR 6193 (May 17, 2019); as amended by Final Rulemaking published at 69 DCR 001714 (March 4, 2022). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4011

16 DCMR § 4012 PAINT STEWARDSHIP PROGRAM INFRACTIONS

4012.1 [RESERVED]

4012.2 [RESERVED]

4012.3 Violation of any of the following provisions shall be a Class 3 infraction:

D.C. Official Code § 8-233.02(c) (failure to implement an approved paint stewardship program plan);

D.C. Official Code § 8-233.03(b) (participating as a paint collection point not pursuant to an approved paint stewardship program);

20 DCMR § 4003.1(a) (failure to operate a collection location pursuant to a contract with a producer or representative organization);

20 DCMR § 4003.1(c) (collecting oil-based paint from an entity that is not a household or a conditionally exempt small quantity generator); or

20 DCMR § 4003.1(d) (collecting oil-based paint that is not in liquid form and in its original packaging or in a closed container that is properly labeled).

4012.4 Violation of any of the following provisions shall be a Class 4 infraction:

D.C. Official Code § 8-233.02(b)(1) (failure to add the paint stewardship assessment to the purchase price of paint sold);

D.C. Official Code § 8-233.02(d) (selling or offering for sale paint not covered under a product stewardship plan);

D.C. Official Code § 8-233.02(f) or 20 DCMR § 4002.1 (failure to submit an annual paint stewardship program report with the required elements);

D.C. Official Code § 8-233.03(a) (selling or offering for sale unapproved paint not listed on DOEE’s webpage);

D.C. Official Code § 8-233.04(c) (failure to comply with a modified plan); or

20 DCMR § 4001.2 (failure to submit a modified plan).

4012.5 Violation of the following provision shall be a Class 5 infraction:

D.C. Official Code § 8-233.02(e) (failure to provide consumers with the specified educational materials).

History

SOURCE: Final Rulemaking published at 67 DCR 366 (January 17, 2020). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 4012

16 DCMR § 4013 ELECTRONICS STEWARDSHIP PROGRAM INFRACTIONS

4013.1 [RESERVED]

4013.2 [RESERVED]

4013.3 Violation of any of the following provisions shall be a Class 3 infraction:

D.C. Official Code § 8-1041.07(a) (a person knowingly disposing of covered electronic equipment as solid waste in the District except through recycling programs or other methods approved by the Mayor); and

(b) D.C. Official Code § 8-1041.07(b) (a manufacturer disposing of covered electronic equipment as solid waste in the District except through recycling programs or other methods approved by the Mayor).

4013.4 Violation of any of the following provisions shall be a Class 4 infraction:

D.C. Official Code § 8-1041.03(a) (selling or offering for sale or delivering to a retailer for subsequent sale unregistered new covered electronic equipment);

D.C. Official Code § 8-1041.05(a)(3)(A) (failure of a representative organization to meet minimum convenience); and

D.C. Official Code § 8-1041.05(a)(3)(C) (failure of a representative organization to accept and recycle or reuse all covered electronic equipment brought to a site by a covered entity free of charge).

4013.5 Violation of any provision of Title I, Subtitle B, of the Sustainable Solid Waste Management Amendment Act of 2014, as amended, effective February 26, 2015 (D.C. Law 20-154; D.C. Official Code §§ 8-1041.01 et seq. (2013 Repl. & 2018 Supp.)) or the implementing rules in 20 DCMR Chapter 41 that is not cited elsewhere in this section, shall be a Class 5 infraction.

History

SOURCE: Final Rulemaking published at 66 DCR 6191 (May 17, 2019). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 4013

16 DCMR § 4014 BATTERY STEWARDSHIP PROGRAM INFRACTIONS

4014.1 [RESERVED]

4014.2 [RESERVED]

4014.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 20 DCMR § 3900.1(b) (failure to fully implement an approved battery stewardship plan or amendment to the plan no later than ninety (90) days after receiving DOEE approval);

(b) 20 DCMR § 3900.1(e) (failure to register with DOEE using an agency prepared registration form on or before January 1 of each year);

(c) 20 DCMR § 3900.1(f) (failure to submit an annual report with the required elements to DOEE on or before June 1 of each year);

(d) 20 DCMR § 3900.1(g) (failure to submit a proposed amendment to a battery stewardship plan);

(e) 20 DCMR § 3900.1(h) (failure to submit amended performance goals as required on the anniversary of the approval of the initial battery stewardship plan);

(f) 20 DCMR § 3900.1(i) (failure to submit the results of an independent assessment of the battery stewardship plan and recommendations to improve the plan);

(g) 20 DCMR § 3900.2 (failure to submit an amended plan with required corrections or revisions within forty-five (45) days of DOEE notice of rejection or required revision);

(h) 20 DCMR § 3900.3(a) (failure to provide a safety tutorial as required for a battery collection site designated under an approved plan and require that collection site personnel responsible for the collection program complete the safety tutorial);

(i) 20 DCMR § 3901.1(a) (failure of a producer to join a battery stewardship organization); or

(j) 20 DCMR § 3907 (failure of a battery stewardship organization to pay the administrative fee).

4014.4 Violation of the following provisions shall be a Class 4 infraction:

(a) Section 137(a) of the Sustainable Solid Waste Management Amendment Act of 2014, effective March 16, 2021 (D.C. Law 23-211; D.C. Official Code § 8-771.09(a)) (disposal of primary or rechargeable batteries in the District through means other than battery recycling programs or other methods approved by the Mayor by a producer). The disposal of each increment of one (1) to ten (10) batteries shall be a separate violation; or

(b) Section 137(b) of the Sustainable Solid Waste Management Amendment Act of 2014, effective March 16, 2021 (D.C. Law 23-211; D.C. Official Code § 8–771.09(b)) (knowing disposal of primary or rechargeable batteries in the District through means other than battery recycling programs or other methods approved by the Mayor by any person). The disposal of each increment of one (1) to ten (10) batteries shall be a separate violation.

4014.5 Violation of any provision of Subtitle D (Extended Producer Responsibility for Batteries) of Title I (Waste Management, Reduction, and Recovery) of the Sustainable Solid Waste Management Amendment Act of 2014, effective March 16, 2021 (D.C. Law 23-211; D.C. Official Code § 8-771.01 et seq.), or the implementing rules in 20 DCMR Chapter 39, that is not cited elsewhere in this section shall be a Class 5 infraction.

History

SOURCE: Final Rulemaking published at 71 DCR 001927 (February 23, 2024). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 4014

16 DCMR § 4015 AQUATIC ANIMAL PROTECTION AND FISHING INFRACTIONS

4015.1 Violation of any of the following provisions shall be a Class 1 infraction:

19 DCMR § 1503.1(a) (introducing a species of fish or other aquatic organism not indigenous to the District of Columbia into the waters of the District of Columbia);

19 DCMR § 1560.1 (killing or taking wildlife not in accordance with the law or regulations); or

19 DCMR § 1560.2 (killing or taking depredating wildlife on private property by inhumane means).

4015.2 [RESERVED]

4015.3 Violation of any of the following provisions shall be a Class 3 infraction:

19 DCMR § 1503.1(e) (capturing, harassing, harming, or failing to return to the water immediately an organism listed as a threatened or endangered species); or

19 DCMR § 1503.1(f) (using explosives, chemicals, firearms, or electricity to take, kill, or injure a fish or other aquatic organisms).

4015.4 Violation of any of the following provisions shall be a Class 4 infraction:

(a) 19 DCMR § 1502.1 (taking a fish or other aquatic organism for sale or profit);

(b) 19 DCMR § 1503.1(b) (possessing a fish under the minimum legal size);

(d) 19 DCMR § 1503.1(d) (possessing a fish with a size or weight limitation where the head or tail has been removed);

(e) 19 DCMR § 1503.1(g) or (i) (taking, catching, or possessing sturgeon, striped bass, American shad, hickory shad, chain pickerel, northern pike, or hybrid striped bass ); or

(f) 19 DCMR § 1503.1(h) (taking fish illegally).

4015.5 Violation of any of the following provisions shall be a Class 5 infraction:

(a) 19 DCMR § 1501.1 (fishing without a valid D.C. Fishing License);

(b) 19 DCMR § 1501.3 (failure to display license or allow inspection of license upon request);

(d) 19 DCMR §§ 1502.2 to 1502.7 (fishing with unauthorized equipment or methods);

(e) 19 DCMR § 1503.2 (fishing with nets of any kind); or

(f) 19 DCMR § 1503.3 (digging for bait in Rock Creek Park).

4015.6 Violation of any provision of section 4 of the Water Pollution Control Act of 1984, effective March 16, 1985, as amended (D.C. Law 5-188; D.C. Official Code § 8-103.03) or the implementing rules in 19 DCMR Chapter 15, which is not cited elsewhere in this section, shall be a Class 5 infraction.

History

SOURCE: Final Rulemaking published at 61 DCR 8407 (August 15, 2014). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4015

16 DCMR § 4016 Wildlife Protection infractions

4016.1 Violation of the following provision shall be a Class 1 infraction:

(a) 19 DCMR § 1570.1 (engaging in the control of wildlife without a license);

(b) 19 DCMR § 1570.13 (controlling wildlife species not designated by the license);

(c) 19 DCMR § 1571.1 (failure to register as a wildlife control services provider with the Department prior to providing services);

(d) 19 DCMR §1571.2 (failure to register as a wildlife control services provider when working as a self-employed wildlife control operator);

(e) 19 DCMR § 1574.1 (failure to employ non-lethal means as the preference in the control of problem wildlife);

(f) 19 DCMR § 1574.3 (euthanizing, killing, relocating, distressing, displacing, or otherwise harming a Species of Greatest Conservation Need without written permission from the Department);

(g) 19 DCMR§ 1574.5(a) (Removing, altering, or destroying a Migratory Bird nest with eggs or the young without obtaining a federal permit);

(h) 19 DCMR § 1574.9 (failure to obtain written permission from the Department to transport wildlife out of the District);

(i) 19 DCMR § 1574.10 (failure to obtain written permission from the Department to transport wildlife into the District);

(j) 19 DCMR§ 1576.5 (failure obtain a federal permit prior to using a mist or rocket net to capture a bird or bat outdoors);

(k) 19 DCMR § 1576.12(a) (failure to immediately release, at the site of capture, captured non-target wildlife that is healthy and does not pose an unreasonable risk to the health and safety of persons or domestic animals);

(l) 19 DCMR § 1576.12(b) (relocating captured non-target wildlife to a property without obtaining prior permission from the property owner);

(m) 19 DCMR § 1576.14(b) (relocating captured target wildlife to a property without the written permission of the property owner);

(n) 19 DCMR § 1576.18 (failure to keep captured wildlife in a covered, secure safe container during transport);

(o) 19 DCMR § 1576.20 (failure to use the quickest, least stressful, and least painful method of euthanasia on sick, injured, or orphaned wildlife);

(p) 19 DCMR § 1576.21 (failure to use a method of euthanasia that conforms to the Report of the American Veterinary Medical Association (AVMA) Panel on Euthanasia: 2013 Edition for Free-Ranging Wildlife and Domestic Animals);

(q) 19 DCMR § 1576.22 (failure to obtain prior approval from the Department to use a method of euthanasia not published in the Report of the American Veterinary Medical Association (AVMA) Panel on Euthanasia: 2013 Edition for Free-Ranging Wildlife and Domestic Animals).

(r) 19 DCMR § 1577.1 (use of a toxicant prohibited by the Department for use on wildlife);

(s) 19 DCMR § 1577.2 (prohibited use of a toxicant to control pigeons, European starlings, or house sparrows); or

(t) 19 DCMR § 1577.4 (prohibited use of a leg-hold and other body-gripping trap, body-crushing trap, snare, or harpoon-type trap to control wildlife).

4016.2 Violation of the following provision shall be a Class 2 infraction:

(a) 19 DCMR § 1576.3 (failure to check a mist net at least once every hour);

(b) 19 DCMR § 1576.9 (failure to check a trap at least once every twenty- four (24) hours, or more frequently as environmental conditions deemed necessary);

(d) 19 DCMR § 1576.15 (failure to make reasonable effort to keep dependent young wildlife with their parent);

(e) 19 DCMR § 1576.16 (failure to obtain written authorization from the Department prior to holding wildlife for the purpose of reuniting dependent young);

(f) 19 DCMR § 1576.19 (selling, bartering, trading, giving, or retaining wildlife or parts thereof);

(g) 19 DCMR § 1577.3 (prohibited use of sticky or glue trap to control wildlife); or

(h) 19 DCMR § 1577.5 (failure to obtain written permission from the Department to keep wildlife in captivity for longer than thirty-six (36) hours).

4016.3 Violation of the following provisions shall be a Class 3 infraction:

(a) 19 DCMR § 1573.4 (failure to report a potential outbreak or widespread occurrence of suspected disease in wildlife to the Department);

(b) 19 DCMR § 1574.6 (failure to obtain written permission and guidance from the Department prior to controlling bats);

(d) 19 DCMR § 1574.11 (failure to notify the Department prior to performing wildlife control on black bears or coyotes);

(e) 19 DCMR§ 1575.2 (wildlife control of a feral cat in violation of the District’s policy of trap, spay or neuter, return, or adoption of feral cats);

(f) 19 DCMR § 1576.8 (failure to set a trap to avoid capture or harm to a non-targeted wildlife);

(g) 19 DCMR § 1576.13(a) (b) (failure to transfer to the District’s Animal Care and Control Agency or a licensed wildlife rehabilitator in the District, captured non-target wildlife that is believed to be sick, injured, orphaned, or that poses an unreasonable risk to people or domestic animals, or that is otherwise unfit for release);

(h) 19 DCMR § 1576.14(c) (failure to surrender captured target wildlife expressing symptoms of disease to the District’s Animal Care and Control Agency for evaluation and assessment);

(i) 19 DCMR § 1576.14(d) (failure to transfer sick, injured, or abandoned captured target wildlife to a licensed wildlife rehabilitator in the District); or

(j) 19 DCMR§ 1576.17 (failure to prevent or limit unnecessary discomfort, behavioral stress, or physical harm to captured wildlife during handling, or transport).

4016.4 Violation of the following provisions shall be a Class 4 infraction:

(a) 19 DCMR § 1573.2 (failure of a wildlife control services provider to submit an accurate summary of wildlife control activities for the preceding year to the Department by January 15th).

4016.5 Violation of the following provisions shall be a Class 5 infraction:

(a) 19 DCMR § 1570.6 (failure of a wildlife control operator to be in possession of their license while engaging in wildlife control activities);

(b) 19 DCMR § 1572.1 (failure of the wildlife control operator to provide a written assessment of the problem and proposed wildlife control measures);

(c) 19 DCMR§ 1573.1 (failure of a wildlife control operator to maintain required records of each wildlife control service call);

(d) 19 DCMR § 1573.3 (failure of a wildlife control services provider to make required records available for inspection by the Department); or

(e) 19 DCMR § 1576.7 (failure to label trap or exclusionary device with the name, address, and phone number of the wildlife control operator or wildlife control services provider).

History

SOURCE: Final Rulemaking published at 66 DCR 15992 (December 6, 2019). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 4016

16 DCMR § 4017 APICULTURE INFRACTIONS

[RESERVED]

Violation of any of the following provisions shall be a Class 4 infraction:

(a) 19 DCMR § 1520.1 (failure to register a colony of bees with the Department);

(b) 19 DCMR § 1523.1 (failure to obtain a permit prior to transporting a colony, portion of a colony, bees on combs, empty used combs, or used hives into the District);

(c) 19 DCMR § 1523.3 (failure to obtain a Certificate of Apiary Inspection from the Department prior to taking any colony, portion of a colony, bees on combs, empty used combs, or used hives out of the District);

(d) 19 DCMR § 1524.2 (failure to keep bees in hives with removable combs);

(e) 19 DCMR § 1524.3 (failure to maintain hive in sound condition);

(f) 19 DCMR § 1524.4 (failure to maintain adequate space in the hive to prevent overcrowding and deter swarming);

(g) 19 DCMR § 1524.5 (failure to provide colony with a convenient, adequate, and constant source of water);

(h) 19 DCMR § 1524.6 (failure to promptly remediate a bee swarm);

19 DCMR § 1525.1 (failure to locate a hive as required from a property line);

(j) 19 DCMR § 1525.1d (failure to secure annual written approval from neighbors within 30 feet of the proposed hive when hive distance requirements aren’t met)

(k) 19 DCMR § 1525.2 (failure to provide an adequate flyway barrier);

(l) 19 DCMR § 1525.3 (failure to obtain written permission from the Department to keep more than four (4) hives on any one-quarter acre lot (10,890 square feet));

(m) 19 DCMR § 1526.2 (violation of the ban on the keeping of Africanized bees);

(n) 19 DCMR § 1526.3 (failure to re-queen a colony with a marked queen in a colony that exhibits unusual aggressive characteristics);

(o) 19 DCMR § 1527.1 (failure to take measures to control the spread of bee disease);

(p) 19 DCMR § 1527.2 (failure to quarantine a colony that is suspected to have American foulbrood or other bee disease that may pose a risk to the colony, environment, or public health);

(q) 19 DCMR § 1527.3 (failure to notify the Department of a quarantined colony);

(r) 19 DCMR § 1527.4 (removing bees, colonies, and equipment from a quarantined area); or

(s) 19 DCMR § 1527.8 (failure to properly destroy a colony with American foulbrood or any untreatable disease).

History

SOURCE: Final Rulemaking published at 62 DCR 16108 (December 18, 2015) District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4017

16 DCMR § 4018 BUILDING ENERGY PERFORMANCE STANDARDS PROGRAM INFRACTIONS

4018.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) 20 DCMR § 3518.3 (implementation of a compliance measure that poses a threat to the health and safety of a building occupant or user).

4018.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 20 DCMR § 3519.2 (failure to submit selection of a compliance pathway to DOEE).

4018.3 Violation of any of the following provisions shall be a Class 3 infraction:

20 DCMR § 3519.5 (failure to submit a report on completed actions for a performance or standard target pathway to DOEE);

20 DCMR § 3519.6(a) (failure to submit an energy audit for a prescriptive pathway to DOEE);

20 DCMR § 3519.6(b) (failure to submit an action plan for a prescriptive pathway to DOEE);

20 DCMR § 3519.6(c) (failure to submit an implementation report for a prescriptive pathway to DOEE);

20 DCMR § 3519.6(d) (failure to submit an evaluation, monitoring, and verification report for a prescriptive pathway to DOEE);

20 DCMR § 3519.6(e) (failure to submit additional documentation for an approved prescriptive pathway to DOEE);

20 DCMR § 3519.8 (failure to submit documentation for an alternative compliance pathway to DOEE);

20 DCMR § 3519.10 (failure to submit supporting documentation to DOEE);

20 DCMR § 3519.11 (failure to submit a complete and accurate plan or report or complete and accurate documentation); and

20 DCMR § 3519.13 (failure to provide a buyer of a building with information prior to a transfer or sale).

4018.4 [RESERVED]

History

SOURCE: Final Rulemaking published at 69 DCR 014479 (November 25, 2022). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4018

16 DCMR § 4019 WELL CONSTRUCTION, MAINTENANCE, AND ABANDONMENT INFRACTIONS

4019.1 In addition to §§ 4019.2, 4019.3, 4019.4, and 4019.5, violation of any of the following provisions shall be a Class 1 infraction:

21 DCMR § 1801.2 (constructing, maintaining, or abandoning a well in a manner that may create a point source or non-point source of pollutants to waters of the District, impair the beneficial uses of waters of the District, or pose a hazard to public health and safety or the environment);

21 DCMR §§ 1802.4(a)-(b) (failure to stop well construction and related activities, and notify the Department within twenty-four (24) hours of the discovery of field conditions or new information that would cause an imminent hazard to public health and safety or the environment);

21 DCMR §§ 1803.1, 1807.3, 1813.5, 1820.8, 1825.4, and 1829.2 (failure to obtain a Department-approved workplan, a well construction building permit, or the applicable District and federal permits);

21 DCMR §§ 1803.13, 1810.8, 1810.10(a), 1811.1, 1811.2, 1814.2(a), 1816.1, 1817.8, 1823.20, 1823.21, 1824.1, 1827.3, 1827.4, 1827.12, and 1829.1 (work or conditions exceeding the scope of the Department-approved workplan and well construction building permit);

21 DCMR §§ 1806.2, 1807.1, and 1827.3 (failure to register or abandon a well);

21 DCMR § 1807.2 (changing the use of a well without Department approval);

21 DCMR §§ 1808.1, 1823.5, and 1824.3 (constructing, maintaining, or abandoning a well within the District with a non-licensed well driller);

21 DCMR § 1809.1 (work or conditions exceeding the scope of the Department-approved well construction work plan);

21 DCMR § 1809.3 (failure to obtain public utility clearance);

21 DCMR § 1809.4 (failure to obtain clearance of underground facilities with non-utility operators, including the Washington Metropolitan Area Transit Authority (WMATA));

21 DCMR § 1809.6 (failure to use materials that are free of contaminants, compatible with the intended well use and the surrounding surface and subsurface conditions, and to include required components);

21 DCMR § 1809.7 (hydraulically connecting a well to a single aquifer or otherwise confined aquifers causing aquifer contamination);

21 DCMR § 1810.1 (failure to construct a well so that it is accessible for cleaning, treatment, inspection, abandonment, or other work that may be necessary);

21 DCMR § 1810.2 (construction of a well within or under any building other than a separate structure constructed specifically for the housing of pumping equipment, without written Department approval);

21 DCMR § 1810.4 (construction of building or other structure on top of a registered and permitted well without approval by the Department);

21 DCMR § 1810.6 (construction or maintenance of a well in a manner that interferes with or damages any pre-existing subsurface structures, including utility lines, long-term combined sewer control shafts, diversion structures, diversion sewers, diversion tunnels, and Washington Metropolitan Area Transit Authority (WMATA) transit tunnels);

21 DCMR § 1810.9 (failure to site a domestic supply well at minimum of one hundred (100) feet from a recognized environmental condition);

21 DCMR § 1810.10(b) (locating a closed-loop ground source heat pump well within twenty-five (25) feet of a water supply well);

21 DCMR § 1810.10(c) (locating a closed-loop ground source heat pump well with a capacity of two (2) tons or less within eight (8) feet of the property boundary);

21 DCMR § 1810.10(d) (locating a closed-loop ground source heat pump well with a capacity greater than two (2) tons but less than or equal to four (4) tons within ten (10) feet of the property boundary);

21 DCMR § 1810.10(e) (locating a closed-loop ground source heat pump well with a capacity greater than four (4) tons within ten (10) feet of the property boundary);

21 DCMR § 1810.10(e) (failure to site a commercial closed-loop ground source heat pump system at least ten (10) feet and the permissible distance away from the property boundary);

21 DCMR § 1812.1 (failure to provide for sanitary protection (as defined) of the well during construction, maintenance or abandonment);

21 DCMR § 1812.2 (failure to protect the well and any water-bearing formation against contaminants from any source, including surface water drainage, during well construction);

21 DCMR § 1812.5 (failure to notify the Department and other applicable emergency personnel if contaminants not addressed in the well construction building permit are encountered during the construction, maintenance, or abandonment of a well); or

21 DCMR § 1812.6 (failure to take necessary measures to contain and minimize the spread of contaminants if contaminants not addressed in the well construction building permit are encountered during the construction, maintenance, or abandonment of a well).

4019.2 In addition to §§ 4019.1, 4019.3, 4019.4, and 4019.5, violation of any of the following provisions shall be a Class 1 infraction:

21 DCMR § 1812.7 (use of materials, including drilling fluids or muds, in the construction of a well that may cause the groundwater to become polluted in violation of District or federal laws or regulations);

21 DCMR § 1813.1 (failure to properly manage or handle derived waste from the construction, maintenance, or abandonment of a well);

21 DCMR § 1813.3 (placement, use, storage, or disposal of derived waste from the construction, maintenance, or abandonment of a well in a manner that the derived waste may come into contact with or leach into the waters of the District);

21 DCMR § 1814.1 (using a water-based drilling fluid with non-potable water);

21 DCMR § 1814.2(b) (use of a drilling fluid containing additive that is not being used in accordance with manufacturer’s recommendations);

21 DCMR § 1814.2(c) (use of a drilling fluid containing additive that poses a hazard to public health and safety or the environment);

21 DCMR § 1815.1 (use of well casing materials, well fittings, or well equipment that creates a condition which poses a hazard to public health and safety or the environment or results in violation of District or federal laws or regulations);

21 DCMR § 1818.4 (failure to create the annulus of a well to be grouted a minimum of one and one-half inches (1.5 in.) wide, or to create the diameter of the annulus a minimum of three inches (3 in.) greater than the outside diameter of a well casing);

21 DCMR § 1818.5 (failure to place a low-permeability seal a minimum of two feet (2 ft.), but no greater than three feet (3 ft.) thick atop the filter pack to prevent surface water from entering the screened interval);

21 DCMR § 1818.6 (failure to place a sodium-based bentonite slurry grout on top of the low-permeability seal and extend towards the ground surface with sufficient space to install the upper well terminus);

21 DCMR § 1818.7 (deviating from the well grouting standards without a Department-approval);

21 DCMR § 1818.8 (failure to grout a well as soon as feasible, but not later than twenty-four (24) hours after the well casing has been set in place);

21 DCMR § 1818.10 (failure to grout a well in which a permanent outer casing is installed in a matter that will allow the gout to set prior to the top of the inner casing being terminated below ground surface);

21 DCMR § 1818.11 (failure to create a low-permeability seal with a hydraulic conductivity equal to or less than 1 x 10-7 cm/s);

21 DCMR § 1818.12(a) (failure to grout a well to provide a water-tight seal against downward fluid migration along the well annulus into the filter pack, well screen, and surrounding aquifer);

21 DCMR § 1818.12(b) (failure to install a sodium-based bentonite slurry mixture by pumping the slurry mixture through a tremie pipe at least one inch (1 in.) in diameter using a positive placement technique);

21 DCMR § 1818.12(d) (failure to use sodium-based bentonite chips and pellets sized according to the well diameter to be filled, such that the chips or pellets are less than one fifth (1/5) the radial thickness of the annulus into which they are to be placed);

21 DCMR § 1818.12(e) (failure to prevent bridging of sodium-based bentonite chips or pellets during placement within a borehole);

21 DCMR § 1818.12(f) (failure to use medium-size, sodium-based bentonite chips or pellets at a ratio of one (1) gallon of potable water to twelve and one-half pounds (12.5 lbs.) of medium-size, sodium-based bentonite chips or pellets);

21 DCMR § 1818.12(g) (failure to pressure grout the space between the open borehole wall and the outer casing, if an outer casing is required for a well penetrating a confined or multi-layer aquifer with the potential for aquifer cross-contamination);

21 DCMR § 1818.12(h) (failure to use grout materials that are free of contaminants in the borehole);

21 DCMR § 1818.12(i) (placing sand or gravel that is not silica-based and inert in a borehole);

21 DCMR § 1818.12(j) (use of the drill cutting or mud as fill material or grouting material);

21 DCMR § 1818.12(k) (disturbing grout inserted into a well annulus for sealing purposes before the grout has fully set);

21 DCMR § 1818.13 (failure to meet the requirements for grouting materials to be used in unconsolidated formations); or

21 DCMR § 1818.14 (failure to use required grouting materials for consolidated formations).

4019.3 In addition to §§ 4019.1, 4019.2, 4019.4, and 4019.5, violation of any of the following provisions shall be a Class 1 infraction:

21 DCMR § 1818.15(a) (failure to use approved sealing and filling materials);

21 DCMR § 1818.15(b) (failure to use a grout to meet the manufacturer’s specifications and the hydraulic conductivity of the low-permeability seal equal to or less than 1 x 10-7 cm/s);

21 DCMR § 1818.15(c) (failure to derive the hydraulic conductivity value by using American Society for Testing and Materials (ASTM) D-5084 and verified by an independent testing facility certified by American Association of State Highway & Transportation Officials, Materials Reference Laboratory to perform ASTM D5084 at the time of verification);

21 DCMR § 1818.15(d) (failure to grout the entire length of the borehole from bottom to top with sodium-based bentonite or thermally enhanced grout specifically designed to facilitate heat transfer and provide a low-permeability seal);

21 DCMR § 1818.15(e) (failure to complete grouting immediately after installing the geothermal loop or in case of extenuating field conditions, no later than twenty-four (24) hours after installing the geothermal loop);

21 DCMR § 1818.15(f) (failure to protect an open borehole as necessary to prevent the entry of surface water or pollutants);

21 DCMR § 1818.15(g) (failure to grout a borehole with temporary casing during or before removal of casing depending on borehole stability);

21 DCMR § 1818.15(h) (failure to grout and allow a borehole with permanent outer casing and to set before the top of the casing is terminated below ground level);

21 DCMR § 1818.15(i) (failure to loop and grout a borehole with no casing immediately after drilling);

21 DCMR § 1818.15(j) (failure to case the borehole from the void to the surface when voids are encountered, including fractures in bedrock and degraded bedrock);

21 DCMR § 1818.15(k) (failure to loop and grout borehole with a mud rotary drilling system in unconsolidated formations immediately after drilling);

21 DCMR § 1818.16 (failure to abandon wells in accordance with §§ 1830 and 1831 if the annulus cannot be grouted in accordance with this chapter);

21 DCMR § 1820.1(a) (failure to cover a well with a secure and locking well cap);

21 DCMR § 1820.1(c) (failure to install a protective metal casing with a locking cap around a well completed at or above ground surface, extending at least six (6) inches above the top of the well and cemented into place at least one (1) foot below ground surface);

21 DCMR § 1820.2 (failure to fully protect a well sited within the 100-year floodplain or low-lying areas prone to flooding from surface water intrusion);

21 DCMR § 1822.2 (failure to prevent a monitoring well, observation well, or piezometer’s uncompleted borehole well from penetrating to a depth greater than the depth to be monitored without completely grouting any portion of the borehole that extends to a depth greater than the depth to be monitored);

21 DCMR § 1823.6 (operating a closed-loop ground source heat pump well and system in a manner that allows system heating or cooling of soil, rock, or water beyond the property line where the well is sited);

21 DCMR § 1823.7 (failure to use a permanent outer casing for a closed-loop ground source heat pump well sited on a property where a recognized environmental condition has been identified);

21 DCMR § 1823.8 (failure to construct a closed-loop ground source heat pump wells with a permanent casing constructed of new steel where organic contaminants are present);

21 DCMR § 1823.9 (failure to construct and grout a closed-loop ground source heat pump well with a high density polyethylene (HDPE) factory manufactured pipe forming a loop, in accordance with the approved standard);

21 DCMR § 1823.10 (failure to socket or butt the pipe joints and fittings installed and buried by a thermally fused or electro-fused method according to the pipe manufacturer’s specifications);

21 DCMR § 1823.11 (using glued or clamped pipe joints below ground);

21 DCMR § 1823.13 (failure to construct the closed-loop ground source heat pump boring diameter with a minimum of four inches (4 in.) to sufficiently allow the placement of grout using a tremie pipe);

21 DCMR § 1823.14 (failure to test the flushing, purging, pressure, and flow for closed-loop ground source heat pump systems components);

21 DCMR § 1823.15 (failure to mark all buried pipes and plumbing at a depth of twenty-four (24) inches with underground warning tape); or

21 DCMR § 1823.16 (failure to cap and protect all closed-loop ground source heat pump system piping until the manifold piping is ready to be connected).

4019.4 In addition to §§ 4019.1, 4019.2, 4019.3, and 4019.5, violation of any of the following provisions shall be a Class 1 infraction:

21 DCMR § 1823.17 (failure to connect all closed-loop ground source heat pump system piping to the building in accordance with the manufacturer’s recommendations and all local building and plumbing codes);

21 DCMR § 1823.18 (placing a solution that contains any substances that pose a hazard to the public health and safety or the environment in a closed-loop ground source heat pump well piping system);

21 DCMR § 1823.19 (failure to conduct pressure testing of the closed-loop ground source heat pump system network prior to putting the system into operation);

21 DCMR § 1823.22 (constructing an open-loop ground source heat pump system);

21 DCMR § 1824.2 (failure to weld the subsurface connections of steel freeze pipes installed in a ground freeze well);

21 DCMR § 1824.4 (failure to test the flushing, purging, pressure, and flow for a ground freeze well and system components);

21 DCMR § 1824.5 (use of a substances that poses a hazard to the public health and safety or the environment in coolant fluid or refrigerant circulated within the ground freeze downhole piping or ground freeze distribution manifold);

21 DCMR § 1824.6 (failure to conduct pressure testing of a ground freeze well system, and to maintain operating pressures in accordance with the manufacturer’s specifications prior to putting the system into operation);

21 DCMR § 1825.1 (using materials and the methods to construct, maintain, and abandon a recovery well that are not compatible with the chemical and physical properties of the pollutants known to exist or potentially exist where a well is sited);

21 DCMR § 1825.2 (penetrating a recovery well borehole to a depth greater than the depth from which contaminants are to be recovered);

21 DCMR § 1825.3 (failure to grout the well or borehole to prevent vertical migration of contaminants if the well or borehole extends to a depth greater than the depth from which contaminants are to be recovered);

21 DCMR § 1827.1 (maintaining a well in a manner that poses a hazard to public health and safety or the environment);

21 DCMR § 1827.2 (failure to use and maintain a well in accordance with the well construction building permit, the well construction work plan, the well registration conditions, and all applicable District and federal laws and regulations);

21 DCMR § 1827.6 (using or maintaining a well that may significantly deplete or degrade groundwater resources or that significantly interfere with groundwater recharge);

21 DCMR § 1827.7 (discharging fluids withdrawn from a well to a separate stormwater sewer or waters of the District that may cause a violation of the District Water Quality Standards in Chapter 11 of Title 21 of the District of Columbia Municipal Regulations (DCMR), result in acute or chronic exposure to aquatic biota, or pose a hazard to the public health and safety or the environment, without obtaining applicable District and federal permits);

21 DCMR § 1827.13 (failure to repair broken, punctured, or otherwise defective or unserviceable well casing, well screen, fixtures, seals, or any part of the well head. or to properly abandon and seal the well);

21 DCMR § 1828.5 (failure to comply with the data collection requirements of the District’s Water Quality Monitoring Regulations in Chapter 19 of Title 21 DCMR if the results are to be submitted to the Department for regulatory and applicable decision-making purposes);

21 DCMR § 1829.3 (failure to prevent the migration of a hazardous substance, a hazardous waste, or a pollutant beyond the boundary of the property where the well is sited, to a human or ecological receptor, or to the waters of the District, when injecting a fluid into a well by active or passive means);

21 DCMR § 1829.4 (failure to minimize any negative impact to the natural degradation of a contaminant not targeted for treatment by the injection system when injecting a fluid into a well);

21 DCMR § 1829.5 (failure to ensure that water injected into a well for testing purposes is clean, potable, and meets the District Water Quality Standards in Chapter 11 of Title 21 of the District of Columbia Municipal Regulations);

21 DCMR § 1830.6 (failure to permanently abandon a dewatering well as soon as the dewatering period ends, but no later than seven (7) calendar days following the termination of pumping);

21 DCMR § 1831.1 (failure to remove all obstructions that may interfere with the effective sealing operations by cleaning out the borehole or re-drilling);

21 DCMR § 1831.2 (failure to remove all well upper terminus completion structures and well casing when abandoning a well);

21 DCMR § 1831.4 (failure to prevent the vertical fluid migration within the well by completely filling and sealing the well after the well is abandoned);

21 DCMR § 1831.5 (failure to use the approved materials for filling and sealing a well for abandonment); or

21 DCMR § 1831.9 (failure to furnish the abandoned well with suitable materials to create a final cover similar to that of the surrounding area, such as a cold patch, or a non-coal tar based hot patch, or native soils or a combination of these materials).

4019.5 In addition to §§ 4019.1, 4019.2, 4019.3, and 4019.4, violation of any of the following provisions shall be a Class 1 infraction:

21 DCMR § 1831.10 (failure to place all abandonment sealing material in one continuous operation using methods that prevent free fall, bridging, dilution, or separation of aggregates from cementing materials);

21 DCMR § 1831.11 (failure to fill a well in a consolidated formation by placing gravel in the water producing zones, and cement or cement-grout in the non-water producing zones to the ground surface and failure to place a suitable packer between the gravel and the sealing material in accordance with approved procedures);

21 DCMR § 1831.13 (failure to use only cement or cement-grout in accordance with the approved procedure to seal and abandon a well in a well penetrating a consolidated formation where known contaminants exist);

21 DCMR § 1831.14 (failure to fill and seal the well in a multiple aquifer in such a way that exchange of water from one aquifer to another is prevented and all fluids are permanently confined to the specific strata in which they were first encountered);

21 DCMR § 1831.15 (failure to abandon a closed-loop ground source heat pump well or ground freeze well in accordance with the approved procedure);

21 DCMR § 1832.2 (failure to immediately stop all work and immediately notify the Department, if the construction, maintenance, or abandonment of a well is conducted contrary to the approved well construction building permit or work plan or in a manner that poses or causes a hazard to the public health and safety or the environment); or

21 DCMR § 1833.3 (continuing any work related to the construction, maintenance, or abandonment of a well for which a stop work order has been served, unless such work has been directed by the Department to perform to correct a violation).

4019.6 Violation of any of the following provisions shall be a Class 2 infraction:

21 DCMR § 1806.6 (failure to timely renew a well’s registration);

21 DCMR § 1808.2 (failure to ensure that the construction, maintenance, and abandonment of a well is performed under the direct supervision of a licensed well driller);

21 DCMR § 1812.3 (failure to cover and protect a well annulus or open borehole from surface water drainage and the vertical migration of contaminants and other materials, or to cap the well casing while well construction is suspended);

21 DCMR § 1812.4 (failure to cover and protect a soil boring or well that is not in use from surface water drainage and the vertical migration of contaminants and other materials);

21 DCMR § 1813.2 (failure to containerize all derived waste from the construction, maintenance, or abandonment of a well sited on a property where a recognized environmental condition has been identified);

21 DCMR §§ 1816.2-1816.8 (failure to use a well screen that meets regulatory requirements);

21 DCMR § 1817.3 (failure to use a filter pack comprised of sand or gravel that has been washed with water and is free of clay, silt, and organic material);

21 DCMR § 1817.4 (use of a filter pack containing iron or manganese in concentrations greater than that in the ground when the well is installed or that may adversely affect the quality of water withdrawn from the well or the groundwater that comes into contact with the filter pack);

21 DCMR § 1817.5 (failure to store a filter pack on a clean surface or in a clean container to prevent any on-site contaminants from mixing with the filter pack materials);

21 DCMR § 1817.6 (failure to insert a filter pack in accordance with the approved methods);

21 DCMR § 1817.7 (failure to use of a pre-packed well screen in accordance with the approved procedure);

21 DCMR § 1820.1(b) (failure to set the surface completion in a cement well pad with minimum dimensions of two (2) feet by two (2) feet and domed to prevent water from entering the well);

21 DCMR § 1820.1(d) (failure to install a metal housing to prevent the inflow or surface water, or provide with drains to keep water out of the well and below the well cap);

21 DCMR § 1820.3(a) (failure to site the well within a secured perimeter not accessible to the public for temporary construction applications of a dewatering well or a ground freeze well);

21 DCMR § 1820.5 (failure to meet the standard requirements of the upper terminus of an industrial supply well, irrigation supply well, or a domestic supply well);

21 DCMR § 1821 (failure to comply with the requirements of well labeling in accordance with the approved procedure);

21 DCMR § 1822.1 (failure to construct a monitoring well, observation well, or piezometer by a method that allows for the determination of characteristics of the geologic materials);

21 DCMR § 1823.3 (failure to comply with the applicable American Society for Testing and Materials (ASTM) standard stencil for all closed-loop ground source heat pump well exchanger pipe and fitting materials);

21 DCMR § 1827.8 (failure to use sampling equipment that is free of contaminants and perform EPA-approved decontamination procedures);

21 DCMR § 1827.9 (failure to maintain dedicated sampling equipment used in a well in accordance with the manufacturer’s specifications);

21 DCMR § 1827.10 (failure to use materials for the maintenance of a well that meets the requirements for new construction);

21 DCMR § 1827.11 (failure to notify the Department within twenty-four (24) hours of discovery of damage to a well or a well not operating in accordance with its approved use);

21 DCMR § 1831.3 (failure to ensure that the well casing and annulus or voids are filled with sealing or fill materials in according with approved standards);

21 DCMR § 1831.7 (failure to use clay, silt, sand, gravel, crushed stone, and mixtures of these materials as a fill material in accordance with approved conditions);

21 DCMR § 1831.8 (failure to abandon a well by filling it with the appropriate sealing materials introduced at the bottom of the well by using a tremie pipe and placed progressively upward to at least two (2) feet below ground surface); or

21 DCMR § 1831.12 (failure to abandon a well penetrating a confined and multiple aquifer formation by placing sealing materials throughout the confining horizon and water producing zone(s)).

4019.7 Violation of any of the following provisions shall be a Class 3 infraction:

21 DCMR § 1809.2 (failure to provide at least two (2) business days’ notice to the Department prior to commencing the construction of a well);

21 DCMR § 1810.3 (failure to mark the well housed in a separate structure to indicate the category of the well and the well registration number);

21 DCMR § 1826.1 (failure to provide a well completion report to the Department within sixty (60) calendar days of construction of a new well);

21 DCMR § 1826.3(d) (failure to submit the well construction as-built schematic detailing the well construction);

21 DCMR § 1826.3(i) (failure to submit the horizontal location of the well using either the Maryland State Plane Coordinate System or latitude and longitude);

21 DCMR § 1826.3(l) (failure to submit the geological boring logs);

21 DCMR § 1828.1 (failure to allow groundwater flow conditions to equilibrate prior to purging the well, when conducting the development of a monitoring or observation well);

21 DCMR § 1828.2 (failure to allow the well to rest at least seven (7) days prior to purging and sampling, if the well construction or well development methods introduced fluids, following the development of the well);

21 DCMR § 1828.4 (failure to maintain the monitoring or observation well to ensure that any testing procedures are appropriate for the intended use as stated on the well construction building permit and in the well construction work plan);

21 DCMR § 1830.1 (failure to submit an abandonment work plan at least thirty (30) days prior to abandoning a well for Department’s review and approval);

21 DCMR § 1830.4(c) (failure to submit a well abandonment report to the Department detailing the modifications or revisions to the well abandonment work plan); or

21 DCMR § 1832.3 (failure to ensure that the Department-approved well construction work plan is present at the site during well construction activities and available to the Department’s site inspector upon request).

4019.8 A violation of any provision of the Well Construction, Maintenance, and Abandonment Standards, 21 DCMR Chapter 18, which is not cited elsewhere in this section, shall be a Class 4 infraction.

History

SOURCE: Final Rulemaking published at 69 DCR 014258 (November 18, 2022). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4019

16-43 DISTRICT DEPARTMENT OF TRANSPORTATION (DDOT) INFRACTIONS

16 DCMR § 4300 ADMINISTRATIVE PROCEDURES AND SCHEDULE OF FINES APPLICABLE

4300.1 The civil infractions set forth in this chapter are subject to the administrative procedures of Chapter 31 (Administrative Procedures) of this Title, provided, however, that any reference to Director in Chapter 31 shall refer to the Director of the Department of Transportation for the purposes of this chapter.

4300.2 Unless otherwise specified, the classes of infraction and associated fine amounts set forth in this chapter reference Chapter 32 (Schedule of Fines) of this Title.

History

SOURCE: Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4300

16 DCMR § 4301 ADDITIONAL ADMINISTRATIVE PROCEDURES: VIOLATIONS RELATED TO UNLAWFUL OCCUPATION OF THE PUBLIC SPACE

4301.1 Notwithstanding 16 DCMR § 3102, the Director may affect service of a Notice of Infraction (NOI) for a violation of 24 DCMR § 225.1, regarding the unlawful occupation of public space, by affixing the notice to the property unlawfully occupying public space or to a conspicuous location adjacent to the property if the Director is unable, after reasonable effort, to determine the identity or location of the owner of the private property.

4301.2 In addition to the information listed in 16 DCMR § 3101.3, the NOI for a violation of 24 DCMR § 225.1, regarding the unlawful occupancy of public space by private property, shall contain the following information:

A statement that the respondent’s conduct violating the applicable law or regulation must cease, or a statement that the respondent must take action to correct the violation;

The date and time by which the respondent must cease the violating conduct or take the corrective action; and

A statement that if the respondent fails to comply with the notice or request a hearing within the stated time, the Director may:

Remove and dispose of property unlawfully occupying public space and repair damage to the public space caused by the violation;

Take action to protect the public from the effects and potential effects of the violation; and

Recover three (3) times the cost and expense of removing and disposing of property unlawfully occupying the public space, repairing any damage to the public space caused by the violation, and taking action to protect the public from the effects and potential effects of the violation.

4301.3 An NOI issued under this section shall be deemed final if the respondent does not comply with the notice or by requesting a hearing by the date and time stated on the notice.

4301.4 If the respondent has taken no action after the NOI has been deemed final, the Director may:

Remove and dispose of property unlawfully occupying public space and repair damage to the public space caused by the violation;

Take action to protect the public from the effects and potential effects of the violation; and

Recover three (3) times the cost and expense of removing and disposing of property unlawfully occupying public space, repairing any damage to the public space caused by the violation, and taking action to protect the public from the effects and potential effects of the violation.

4301.5 The Director shall store private property removed from the public space pursuant to 16 DCMR § 4301.2(c)(1) of this section for at least fifteen (15) days after the service of the notice.

4301.6 If the Director takes action pursuant to 16 DCMR § 4301.4, the Director shall serve a notice on the respondent describing the action that was taken. If property was removed from the public space, the notice shall describe the method by which the respondent may recover the property and the deadline by which the respondent must recover the property.

4301.7 A respondent who fails to reclaim the removed property by the date set forth in the notice shall be entitled to recover the fair market value of the property, if the Director has sold or otherwise disposed of the property, provided that:

The respondent has timely requested a hearing;

The administrative law judge dismisses the notice or order, or finds no violation; and

The respondent establishes the property’s fair market value by a preponderance of the evidence.

4301.8 For the purposes of 16 DCMR §4301.7(c), the price paid by a good faith purchaser other than the respondent shall establish a rebuttable presumption of the property’s fair market value. The respondent shall in no event be entitled to recover an amount greater than the price paid by the purchaser.

History

SOURCE: Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4301

16 DCMR § 4302 ADDITIONAL ADMINISTRATIVE PROCEDURES: SUMMARY REMOVAL OF PROPERTY UNLAWFULLY OCCUPYING PUBLIC SPACE

4302.1 In a case where the unlawful occupation of public space presents an actual or potential hazard to public safety, the Director may, without providing advance notice to the owner:

Remove and dispose of the property unlawfully occupying public space and repair damage to the public space caused by the violation;

Take action to protect the public from the effects and potential effects of the violation; and

Recover three (3) times the cost and expense of removing and disposing of property unlawfully occupying public space.

4302.2 Within 14 days after removing the property, the Director shall serve an NOI on the owner of the property in a manner prescribed in 16 DCMR § 3102.1; provided, that if the owner of the property cannot be identified by the Director after reasonable effort, the Director may effect service by affixing an NOI to a conspicuous location adjacent to the location where the property was located and posting the information regarding the notice on DDOT’s website.

4302.3 In addition to the information required by 16 DCMR § 3101.3, an NOI issued under this section shall provide the following information:

A description of the action taken by the Director;

A statement that the respondent has a right to request an expedited hearing by requesting an expedited hearing in writing within five (5) days after service of the notice pursuant to § 4302.2;

The method by which the respondent may recover the removed property; and

The deadline by which the respondent must recover the property.

4302.4 If a respondent requests an expedited hearing, the Office of Administrative Hearings shall conduct the hearing within seventy-two (72) hours after receipt of the request.

4302.5 Property removed from public space pursuant to this section shall be stored for at least thirty (30) days after service of notice.

4302.6 Property that has not been recovered by the date set in the notice may be sold or disposed of by the Director, in accordance with reasonable business practice.

4302.7 A respondent who seeks to reclaim the property after it has been sold or disposed by the Director shall be entitled to recover the fair market value of the property if:

The respondent timely requests a hearing;

The administrative law judge dismisses the notice or order or finds no violation; and

The respondent establishes the property’s fair market value by a preponderance of the evidence.

4302.8 For purposes of 16 DCMR § 4302.7(c), if the property is sold by the Director pursuant to 16 DCMR § 4302.6, the price paid by a good faith purchaser other than the respondent shall establish a rebuttable presumption of the property’s fair market value. The respondent shall in no event be entitled to recover an amount greater than the price paid by the purchaser.

History

SOURCE: Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4302

16 DCMR § 4303 [RESERVED]

History

SOURCE: Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4303

16 DCMR § 4304 GENERAL INFRACTIONS

4304.1 Violations of any of the following provisions shall be a Class 1 infraction:

Temporary occupancy of public space in a manner listed in 24 DCMR § 225.1(d)-(k) without the proper public space permit or payment of associated fees (24 DCMR § 226.2);

[RESERVED]

4304.2 Violations of any of the following provisions shall be a Class 2 infraction:

Failure to restore public space when ordered to do so following the revocation or cancellation of a permit (24 DCMR § 100.4);

Enclosing public parking with a wall or fence exceeding three feet six inches (3 ft. 6 in.) in height without approval by the Mayor (24 DCMR § 103.3);

Failure to abide by a condition of a public space permit (24 DCMR § 207.3);

4304.3 Violations of any of the following provisions shall be a Class 3 infraction:

Occupying public space without a public space permit (24 DCMR § 100.1);

Failure to display public space permit on site (24 DCMR § 101.6);

Advertising in or upon a sidewalk without a public space permit (24 DCMR § 104.9);

Obstructing public space without a public space permit (24 DCMR § 2001.2);

Failure to properly protect public space when travel is obstructed (24 DCMR § 2001.4);

Erecting a wall or fence exceeding three feet six inches (3 ft. 6 in.) in height without approval of the Mayor (24 DCMR § 103.3);

Enclosing the public parking with a wall or fence not exceeding three feet six inches (3 ft. 6 in.) in height without approval of the Mayor (24 DCMR § 101.4);

Enclosing the public parking with a wall or fence containing a sharp-pointed or spear-headed type of fence that has uppermost points or prongs that are less than one-half inch (1/2 in.) in diameter (24 DCMR § 103.2);

Failure to pay all applicable fees (24 DCMR § 225.1);

Improperly enclosing the tree space (24 DCMR § 109.10);

Enclosing the tree space with a fence or wall without a public space permit (24 DCMR § 101.4);

Erecting a fence or wall or planting a tree in public space without a permit (24 DCMR § 101.4);

4304.4 Violations of any of the following provisions shall be a Class 4 infraction:

Occupying public space without a public space permit (24 DCMR § 100.1);

Use of the street for the keeping, depositing, storing or displaying of vehicles for the purpose of selling or services (24 DCMR § 101.5);

Posting signs, advertisements, or posters on a tree in public space (24 DCMR § 108.2);

Failure to abide by a condition of the permit (24 DCMR § 226.5);

Occupying public space beyond the extent allowed by law or regulation without a public space permit (24 DCMR § 100.1);

4304.5 [RESERVED]

History

SOURCE: Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4304

16 DCMR § 4305 MOBILE STORAGE CONTAINER INFRACTIONS

4305.1 [RESERVED]

4305.2 Violations of any of the following provisions shall be a Class 2 infraction:

Placing a mobile storage container in the public right-of-way without an annual provider permit (24 DCMR § 3312.1);

[RESERVED]

4305.3 Violations of any of the following provisions shall be a Class 3 infraction:

Failure to post public space permit for the address-specific location on the outside of the mobile storage container (24 DCMR § 3312.14(b));

Mobile storage container remaining in the public right-of-way for longer than five (5) days (24 DCMR § 3312.13);

Provider fails to maintain the required insurance (24 DCMR § 3312.3; 3312.4);

Failure to obtain a site-specific mobile storage container permit (24 DCMR § 3312.8);

4305.4 [RESERVED]

4305.5 [RESERVED]

History

SOURCE: Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4305

16 DCMR § 4306 URBAN FORESTRY INFRACTIONS

4306.1 Violations of any of the following provisions shall be a Class 1 infraction:

Removing a tree from public space without a public space permit (24 DCMR § 107.9);

[RESERVED]

4306.2 [RESERVED]

4306.3 Violations of any of the following provisions shall be a Class 3 infraction:

Displaying material on a tree or in a tree box except for emergency no parking signs or temporary road work signs (24 DCMR § 108.14);

Changing the grade of a tree space (24 DCMR § 109.7);

Trimming, pruning, whitewashing, or piling material about a tree located in public space without a public space permit (24 DCMR § 107.6);

Pruning a tree located in public space without a public space permit (24 DCMR § 107.6);

Failure to install and maintain fencing around street trees while performing work in the public space, in accordance with § 107.12 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7);

4306.4 [RESERVED]

4306.5 [RESERVED]

History

SOURCE: Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4306

16 DCMR § 4307 SIDEWALK CAFÉ INFRACTIONS

4307.1 Violations of any of the following provisions shall be a Class 1 infraction:

Operating a sidewalk café following the revocation of the sidewalk café permit (24 DCMR § 301.2; 24 DCMR § 308.4);

[RESERVED]

4307.2 Violations of any of the following provisions shall be a Class 2 infraction:

Failure to remove property from public space within the time allowed following the revocation of the sidewalk café permit (24 DCMR § 308.3);

No sidewalk café permit or Public Space Committee approval to operate an enclosed sidewalk café (24 DCMR § 301.1; 24 DCMR § 301.2);

4307.3 Violations of any of the following provisions shall be a Class 3 infraction:

Operating a sidewalk café that occupies public space outside the dimensional boundaries approved by the permit and shown on the approved sidewalk café plans (24 DCMR § 312.1);

Operating a sidewalk café without paying all applicable fees, including sidewalk café rent (24 DCMR § 201.4; 24 DCMR § 207.15);

Operating a sidewalk café outside of the hours authorized on the permit (24 DCMR § 207.12; 24 DCMR § 301.6);

Failure to maintain the required clear pedestrian pathway specified on the permit or shown on the sidewalk café plans free of obstructions (24 DCMR § 204.1);

Using the public space for an activity that is not authorized by the sidewalk café permit (24 DCMR § 207.3);

Operating an unenclosed sidewalk café or a part of the unenclosed sidewalk café that is not open at the sides (24 DCMR § 315.1; 24 DCMR § 207.16);

Operating a sidewalk café with a number of tables and chairs exceeding what is authorized on the sidewalk café permit and shown on the approved permit (24 DCMR § 207.3);

Placing fixtures, equipment, or other objects within the sidewalk café bolted or permanently affixed to public space (24 DCMR § 312.3);

Failure to operate an enclosed café as an unenclosed café with open windows or sides as required (24 DCMR § 316.1; 24 DCMR § 316.10);

4307.4 Violations of any of the following provisions shall be a Class 4 infraction:

Failure to display a sidewalk café permit in a conspicuous location (24 DCMR § 207.13);

Failure to maintain public space in the immediate vicinity of the sidewalk café free of litter (24 DCMR § 207.9);

4307.5 [RESERVED]

History

SOURCE: Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4307

16 DCMR § 4308 COMMUTER, SHUTTLE, SIGHTSEEING, AND TOUR BUS INFRACTIONS

4308.1 [RESERVED]

4308.2 Violations of any of the following provisions shall be a Class 2 infraction:

No annual bus right-of-way occupancy permit to occupy a passenger loading zone (24 DCMR § 3306.1);

No annual bus right-of-way occupancy permit to post a passenger loading zone sign (24 DCMR § 3306.2);

Falsifying material information provided on intercity bus permit application (24 DCMR § 3501.6);

No permit to use an intercity bus passenger loading zone (24 DCMR § 3500.1);

Using an intercity bus passenger loading zone outside of days and times allowed by the permit (24 DCMR § 3505.2);

4308.3 Violations of any of the following provisions shall be a Class 3 infraction:

Passenger loading or unloading at an unauthorized location (24 DCMR § 3306.15; 24 DCMR § 3505.1);

Picking up or discharging passengers at a previously permitted location, where that permit has now been expired for more than 30 days (24 DCMR § 3306.14);

Operating an intercity bus service with an expired annual permit (24 DCMR 3500.1; 24 DCMR § 3507.1);

4308.4 Violations of any of the following provisions shall be a Class 4 infraction:

Failure to display an intercity bus zone permit on a bus when loading or unloading passengers (24 DCMR § 3505.5);

[RESERVED]

4308.5 [RESERVED]

History

SOURCE: Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4308

16 DCMR § 4309 PUBLISHER BOX INFRACTIONS

4309.1 [RESERVED]

4309.2 Violations of any of the following provisions shall be a Class 2 infraction:

Placement of a publisher box on public space without a public space permit (24 DCMR § 4100.1);

Public space occupancy exceeds one hundred ten percent (110%) of the number of publisher boxes authorized by the annual permit (24 DCMR § 4101.3);

4309.3 Violations of any of the following provisions shall be a Class 3 infraction:

Failure to maintain the required liability insurance for a publisher box (24 DCMR § 4101.2);

Occupancy of public space by a publisher box with an expired public space permit (24 DCMR § 4100.1);

Placement of a publisher box corral without a public space permit (24 DCMR § 4105.1);

Failure of a contractor to provide proper notification to remove a publisher box from a planned work zone (24 DCMR § 4106.4);

4309.4 Violations of any of the following provisions shall be a Class 4 infraction:

Display of an expired annual permit sticker on a publisher box (24 DCMR § 4102.4);

Oversized publisher box (24 DCMR § 4103.1(a));

Failure to provide weight at the base or otherwise secure a publisher box (24 DCMR § 4103.1(b));

Failure to display current contact information for person or entity maintaining a publisher box (24 DCMR § 4103.1(c));

Failure to maintain a publisher box in good working order (24 DCMR § 4104.1);

Failure to maintain or remove a publisher box corral (24 DCMR § 4105.7);

4309.5 Violations of any of the following provisions shall be a Class 5 infraction:

Failure to display a current permit sticker on a publisher box in a visible location (24 DCMR § 4102.2);

Failure to maintain a publisher box free of solid waste (24 DCMR § 4104.1(e));

Failure to maintain a publisher box free of graffiti (24 DCMR § 4104.1(f));

Publisher box attached to a public street fixture other than a publisher box corral (24 DCMR § 4104.2(a));

Publisher box obstructing the public right of way (24 DCMR § 4104.2(b));

Failure to comply with curbside placement requirements (24 DCMR § 4104.4);

Failure to comply with requirements for placing a publisher box adjacent to a building or wall (24 DCMR § 4104.5);

History

SOURCE: Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4309

16 DCMR § 4310 VALET PARKING INFRACTIONS

4310.1 [RESERVED]

4310.2 [RESERVED]

4310.3 Violations of any of the following provisions shall be a Class 3 infraction:

Providing valet parking services without a valid valet parking permit (24 DCMR § 1600.1);

Unauthorized staging applicable to standard valet parking permits (24 DCMR § 1604.4);

Parking a motor vehicle in public space in violation of a standard valet parking permit (24 DCMR § 1606.1);

4310.4 Violations of any of the following provisions shall be Class 4 infraction:

Leaving a motor vehicle in a valet staging area for longer than needed to immediately drop off or pick up the vehicle (24 DCMR § 1604.5);

Failure to display a valid event venue valet parking permit (24 DCMR § 1611.2);

Failure to display a valid standard valet parking permit (24 DCMR § 1605.1);

Changing an approved Standard Valet Parking permit without notifying the Department (24 DCMR § 1606.2);

Changing the terms of an approved Standard Valet Parking permit without required approval by the Public Space Committee (24 DCMR § 1606.3);

Changing an approved Event Venue Valet Parking permit without notifying the Department (24 DCMR § 1612.3);

Changing the terms of an approved Event Venue Valet Parking permit without required approval by the Public Space Committee (24 DCMR § 1612.4);

Use of a street for the purpose of valet staging or valet parking without a permit (24 DCMR § 101.5);

4310.5 [RESERVED]

History

SOURCE: Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4310

16 DCMR § 4311 HAZARDOUS CONDITION INFRACTIONS

4311.1 Violations of any of the following provisions shall be a Class 1 infraction:

Closure of sidewalk or bicycle lane without required permit (24 DCMR § 3315.1);

Failure to apply for the appropriate occupancy permit authorizing sidewalk or bike lane closure (24 DCMR § 3315.5);

4311.2 Violations of any of the following provisions shall be a Class 2 infraction:

Failure to maintain bicycle or pedestrian routes (24 DCMR § 3315.4(b) and (c)(2));

Failure to maintain traffic control signage, devices, and roadway markings as required by the traffic control plan and MUTCD (24 DCMR § 3315.6):

Failure to comply with the approved traffic management plan (24 DCMR § 3315.8);

Failure to maintain proper lane closure for practices for closure of sidewalk or bicycle lane (24 DCMR § 3315.2);

Failure to provide safe and convenient route for pedestrians or bicyclists (24 DCMR § 3315.3; §§ 3315.4(a), 3315(c); 3315(d));

Failure to comply with the safe accommodation requirements found in the current DDOT standards, “Pedestrian Safety and Work Zone Standards - Covered and Open Walkways” (24 DCMR § 3315.4(a));

Failure to provide safe pedestrian access route free of hazards, construction materials, and debris (24 DCMR § 3315.4(b));

4311.3 Violations of any of the following provisions shall be a Class 3 infraction:

Improper placement and maintenance of a steel protective plate as required by Standard Specifications for Highways and Structures § 612.19 (24 DCMR § 3404.7);

Failure to apply non-skid surface treatment to a steel protective plate placed in a crosswalk or designated bicycle lane or placed in an intersection as required by Standard Specifications for Highways and Structures § 612.19 (24 DCMR § 3404.7);

Improper placement and maintenance of a steel protective plate as required by Standard Specifications for Highways and Structures § 612.19 (24 DCMR § 3404.7);

Failure to have a traffic safety officer on site when required, as required by Standard Specifications for Highways and Structures § 612 (24 DCMR § 3403.7);

Failure to install and maintain shared lane markings and work zone signage when rerouting bicyclists (24 DCMR § 3315.4(d)(4));

Failure to use required MUTCD-complaint work zone signage, devices and roadway markings that adequately warn right-of-way users of upcoming changes and marks the alternate route for pedestrians and bicyclists (24 DCMR § 3315.6);

Failure to provide and maintain certified flaggers during intermittent lane or route closures (24 DCMR § 3315.7(a));

4311.4 Violations of any of the following provisions shall be a Class 4 infraction:

Failure to provide ADA-compliant pedestrian accommodations required by an approved traffic control plan (24 DCMR § 3315.4(b));

Failure to provide safe bicycle accommodations (24 DCMR § 3315.1);

Obstructing public space without a public space permit (24 DCMR § 2001.2);

Failure to properly protect public space when travel is obstructed (24 DCMR § 2001.4);

Obstructing free use of public space—overgrowth of shrubs, trees, or bushes without a permit (24 DCMR § 2001.3);

4311.5 [RESERVED]

History

SOURCE: Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4311

16 DCMR § 4312 EXCAVATION INFRACTIONS

4312.1 Violations of any of the following provisions shall be a Class 1 infraction:

Excavating without a public space permit (24 DCMR § 101.1);

Failure to complete restoration by permit expiration (24 DCMR § 3404.3);

Trench length over one thousand two hundred (1,200) linear feet (24 DCMR § 3404.6);

Non-compliance with a repair notice to make safe (24 DCMR § 3404.7);

Non-compliance with a three (3)-day corrective repair notice (24 DCMR § 3404.8);

Failure to notify the Director of an abandonment of underground facilities (24 DCMR § 3405.6);

Cutting a curb or constructing a driveway without a public space permit (24 DCMR § 101.9);

Failure to secure an excavation permit following an emergency excavation (24 DCMR § 3403.9);

Improper trimming of a trench as required by § 202.03 of the Standard Specifications for Highways and Structures (24 DCMR § 3403.7);

Installing a lay-by without a public space permit (24 DCMR § 1201.3(a));

Failure to obey a stop work order (24 DCMR § 3405.7);

Failure to replace affected crosswalk or bicycle lane markings with temporary pavement markings within twenty-four (24) hours (24 DCMR § 3404.11);

Failure to replace temporary crosswalk or bicycle lane markings with permanent markings immediately upon the completion of a permanent repair (24 DCMR § 3404.12);

4312.2 Violations of any of the following provisions shall be a Class 2 infraction:

Failure to properly saw cut hard surfacing of roadway prior to excavation as required by § 202.03 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7);

Failure to properly backfill and restore excavation in the roadway as required by § 203 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7);

Failure to properly install or maintain a steel protective plate as required by § 612.19 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7);

Paving or repaving a sidewalk without a public space permit (24 DCMR § 104.8);

Changing the grade of the public parking without a public space permit (24 DCMR § 104.1);

Failure to obtain authorization to cut tree roots larger than two (2) inches in diameter as required by § 207.03 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7);

Trenching through tree roots as prohibited by § 207.03 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7);

Failure to provide and maintain tree protection as required by § 608.07 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7);

4312.3 Violations of any of the following provisions shall be a Class 3 infraction:

Excavating without providing proper public notice (24 DCMR § 3402.1);

Failure to notify the Director of the commencement or completion of excavation (24 DCMR § 3403.4);

Failure to comply with DDOT Standard Specifications for Highways and Structures not otherwise enumerated in this chapter (24 DCMR § 3404.7);

Failure to comply with applicable laws, rules, and regulations not otherwise enumerated in this chapter (24 DCMR § 3403.8);

Restoration without providing notice to the Director (24 DCMR § 3404.5);

Unauthorized removal of a stop work order (24 DCMR § 3405.7);

Failure to apply non-skid surface treatment to a steel protective plate placed in a crosswalk or designated bicycle path or placed at an intersection or within seventy-five (75) feet of a traffic signal, stop sign, or stop line, as required by § 612.19 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7);

Improper site protection as required by § 604.05 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7);

Violation of permit conditions (24 DCMR § 3403.10);

Improper housekeeping as required by § 202 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7);

Failure to properly backfill a tree space as required by § 203.03 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7);

4312.4 [RESERVED]

4312.5 [RESERVED]

History

SOURCE: Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4312

16 DCMR § 4313 ON-STREET CAR SHARING INFRACTIONS

4313.1 [RESERVED]

4313.2 Violations of any of the following provisions shall be a Class 2 infraction:

Using public right-of-way for reserved on-street car sharing without a permit (24 DCMR § 3313.1);

[RESERVED]

4313.3 Violations of any of the following provisions shall be a Class 3 infraction:

Failure to abide by a condition of the permit for reserved on-street car sharing (24 DCMR § 3313.3);

Failure to pay required fee for reserved on-street car sharing (24 DCMR § 3313.4)

4313.4 [RESERVED]

4313.5 [RESERVED]

History

SOURCE: Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4313

16 DCMR § 4314 BICYCLE PARKING IN RESIDENTIAL BUILDINGS INFRACTIONS

4314.1 [RESERVED]

4314.2 Violations of any of the following provisions shall be a Class 2 infraction:

Failure to provide required bicycle parking spaces following a written request from one or more tenants in a building with eight (8) or more units (18 DCMR § 1214.2);

Failure to provide required bicycle spaces in a new residential building with eight (8) or more units (18 DCMR § 1214.4);

Failure to provide required bicycle spaces in rehabilitated residential building with eight (8) or more units (18 DCMR § 1214.5);

4314.3 Violations of any of the following provisions shall be a Class 3 infraction:

Failure to provide secure and covered bicycle parking when the required bicycle parking is located outside of the building (18 DCMR § 1215.2);

[RESERVED]

4314.4 Violations of any of the following provisions shall be a Class 4 infraction:

Failure to provide minimum accessibility to the required bicycle parking spaces (18 DCMR § 1215.10);

Failure to properly install bicycle racks when bicycle racks are used to satisfy the bicycle parking requirement (18 DCMR § 1215.11);

Failure to provide adequately sized bicycle lockers (18 DCMR § 1215.9);

Failure to provide adequately sized bicycle parking spaces (18 DCMR § 1215.12);

4314.5 [RESERVED]

History

SOURCE: Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4314

16 DCMR § 4315 STREATERIES INFRACTIONS

4315.1 [RESERVED]

4315.2 Violations of any of the following provisions shall be a Class 2 infraction:

(a) Operating a Streatery without a permit.

4315.3 Violations of any of the following provisions shall be a Class 3 infraction:

Placing, on a Streatery structure, images or words viewable from the street (24 DCMR § 4502.2);

Exceeding the number of seats permitted within a Streatery (24 DCMR § 4502.3);

Failure to include at least one (1) ADA compliant table within a Streatery (24 DCMR § 4502.4);

Failure to provide an accessible route to an ADA compliant table within a Streatery (24 DCMR § 4502.4);

Use of any part of a Streatery for storage except for approved Streatery elements (24 DCMR § 4502.5);

Failure to maintain a continuous physical edge to buffer outdoor dining area from adjacent vehicular traffic in Streateries located in a travel lane or parking lane excepting required gaps for safety access points (24 DCMR § 4503.2);

Placing a barrier between the outdoor dining area of a Streatery and the sidewalk (24 DCMR § 4503.3);

Fully enclosing a Streatery (24 DCMR § 4503.4);

Bolting or permanently affixing Streatery barriers or structures to public space (24 DCMR § 4503.5);

Failure to arrange Streatery furniture or fixtures in a way that provides ready access by aisles to each exit way (24 DCMR § 4504.1);

Failure to keep fire protection equipment located within a Streatery in working condition, visible, and conveniently accessible (24 DCMR 4504.3);

Preparing or storing food or alcohol within a Streatery (24 DCMR § 4504.4);

Storing trash or refuse within a Streatery (24 DCMR § 4504.5);

Erecting, maintaining, or placing a structure or enclosure to accommodate the storage of trash or refuse within a Streatery (24 DCMR § 4504.5);

Placing generators or televisions within a Streatery (24 DCMR § 4513.3);

Playing live or amplified music within a Streatery (24 DCMR § 4513.3);

Placing ropes, chains, or fencing in a Streatery that prevents people from entering the Streatery from the sidewalk (24 DCMR § 4513.3); and

Charging a fee to access a Streatery (24 DCMR § 4513.4).

4315.4 Violations of any of the following provisions shall be a Class 4 infraction:

Failure to affix two (2) signs to a Streatery that indicate the business name, seating hours, seating capacity, and emergency contact information (24 DCMR § 4502.1).

4315.5 [RESERVED]

History

SOURCE: Final Rulemaking published at 73 DCR 007863 (May 22, 2026). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4315

16 DCMR § 4399 DEFINITIONS

4399.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Director – the Director of the District Department of Transportation.

DDOT Standard Specifications for Highways and Structures - the current edition of the District of Columbia Department of Transportation Standard Specifications for Highways and Structures, available at wiki.ddot.dc.gov/display/public/COMP/Standards.

MUTCD -- the current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways, Part 6, as approved by the Federal Highway Administration, available at wiki.ddot.dc.gov/display/public/COMP/Standards.

History

SOURCE: Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4399