D.C. Mun. Regs. tit. 25, r. 25-I207

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 25-I207 - ISSUANCE OF NOTICE TO INSPECT BEFORE RAZING OF BUILDINGS AND OTHER STRUCTURES

207.1

The Director of the Department and the Director of the Department of Consumer and Regulatory Affairs (DCRA) are authorized to make, or cause to be made, inspections of existing buildings and structures to determine the prevalence of rodents or rodent harborage conditions for the protection of public health under the Preventive Health Services Amendment Act of 1985, effective November 27, 1985 (D.C. Law 6-83; DC Official Code §§ 7-131(a) ) and 7-138 (2018 Repl.)).

207.2

Before authorizing the demolition, move, or removal a building or structure, in whole or in part as specified in Section 7-138 of the D.C. Official Code and Subsections 207.4, 207.5, and 207.7 of these regulations, DCRA shall require property owners to submit the following documents issued by the Department of Health:

(a) An Inspection Report; and

(b) An "Approval for the Issuance of a DCRA Raze Permit".

207.3

As part of DCRA's Raze Application process, DCRA shall:

(a) Assign Raze Permits to the Department of Health for review and approval through the electronic plan review system which is currently "ProjectDox";

(b) Provide property owners with written Instructions to contact the Department of Health to schedule an inspection within thirty (30) days of filing an "Application for Raze Permit" with DCRA;

(c) After the property owner contacts the Department of Health to schedule an inspection, the Department shall issue the property owner a "Notice to Inspect" within two (2) weeks of the scheduled inspection; and

(d) An "Approval for the Issuance of a DCRA Raze Permit" shall be issued by the Department of Health to the property owner as specified in Subsection 207.7.

207.4

If during an inspection, the Department of Health observes evidence of rodent activity or rodent harborage conditions, the Department shall require the property owner to:

(a) Provide the Department with a copy of a professional service contract and service schedule, which documents the following information:

(1) The Name and address of a D.C. licensed and certified pest exterminator/contractor the property owner has contracted with to treat the building or structure in accordance with the DCMR, Chapters 22 through 25; and

(2) The type of rodenticide to be used under the contract; and

(3) Frequency of treatment and treatment date(s), including the last date of treatment under the contract;

(b) Seal all holes and gaps in the building, or other structure, or part thereof;

(c) Remove all trash or refuse and discarded items from the premises;

(d) Cleanup and remove environmental conditions injurious to public health from the premises, and provide proof of proper removal and disposal; and

(e) Complete all corrective action required by the Department in accordance with these Regulations.

207.5

The Department shall conduct a re- inspection of the property to ensure that all corrective actions identified in the Inspection Report were completed.

207.6

The Inspection Report shall include a statement that special assessments, fines, and penalties pursuant to Sections 203, 304 and 306 of these regulations may be assessed against the property if all corrective actions identified in Subsection 207.4(e) are not completed within the timeframe identified in the Inspection Report.

207.7

If the Department verifies the property owner is in compliance with Subsection 207.4, the Department shall issue the property owner an "Approval for the Issuance of a DCRA Raze Permit" within seven (7) business days of conducting an inspection or re- inspection, which states: "Proper measures have been taken to eradicate and prevent the spread of rodents from the premises."

207.8

The property owner shall maintain a record of all corrective actions completed as specified in Subsection 207.4, verified by the Department as specified in Subsection 207.7, for the duration of the project.

207.9

The property owner shall comply with Subsections 207.1 through 207.7 of these Regulations if the Mayor or his or her designated agent orders the demolition or removal of an insanitary or unsafe building, or part thereof, other than a fence or shed.

207.10

The Department shall issue the property owner a Notice to Abate Violation, pursuant to Section 203 of these Regulations if the property owner fails to comply with Sub sections 207.4(e) and 207.6.

207.11

The Department shall issue the property owner a Notice of Infraction pursuant to Section 305 of these Regulations if the property owner fails to comply with Subsection 207.6.

207.12

The Department shall not issue an "Approval for the Issuance of a DCRA Raze Permit" if there are outstanding assessments, fines, and/or penalties against the property or the property owner pursuant to Subsection 207.6 of these Regulations.

D.C. Mun. Regs. tit. 25, r. 25-I207

Final Rulemaking published at 66 DCR 7951 (7/5/2019)