District Adopts Fire Safety Changes for High-Rise and Apartment Buildings

On December 15, Bill 18-178, the "Fire Alarm Notice and Tenant Fire Safety Amendment Act of 2009” received a second and final reading. The legislation will require owners of high-rise buildings to conduct annual fire drills and prepare and maintain a fire safety and evacuation plan—which, notably, have already been requirements for high-rise buildings, both multifamily and commercial, since the District adopted the 2006 International Fire Code in December 2009. Read more

DC Moves to Prohibit Smoking In Front Of Buildings --- Sort Of

On January 5, the District took the first steps toward adopting a more comprehensive smoking regulation scheme, including prohibiting smoking outside of buildings, when the Council gave first reading approval to Bill 18-428, the "Prohibition Against Selling Tobacco Products to Minors Amendment Act of 2009." The bill would authorize property owners and first floor retail tenants to post signs on their property stating that smoking is not permitted on public space within a specified distance from, and adjacent to or abutting, the building wall. Read more

Council Bill Seeks to Require Lead-Free Plumbing Materials

Councilmembers Muriel Bowser (D-Ward 4), Mary Cheh (D-Ward 3) and Jim Graham (D-Ward 1), along with five co-sponsors, have introduced Bill 18-452, the “Safe Plumbing Act of 2009,” which proposes to ban the use and sale of plumbing materials containing lead. The legislation focuses on plumbing materials which carry water intended for human consumption; it specifically exempts plumbing materials or fixtures that are used in manufacturing, industrial processing, for irrigation purposes, and other non-consumption uses. Read more

Member Feedback Needed on Implementation of Proactive Residential Inspections Program

The Department of Consumer and Regulatory Affairs (DCRA) launched its proactive inspections program for residential buildings of 3 or more units in May 2009. The agency focused initial inspections on buildings with 49 or fewer units, then expanded the program, in October 2009, to include buildings with 50 or more units. Read more

AOBA’s DC Committees Kick Off New Year

The DC Tax Policy Committee and Legislative & Regulatory Issues Committee will kick off 2010 with two exciting programs in January and February. On February 10, the DC Legislative and Regulatory Issues Committee will host representatives from the District’s Department of the Environment (DDOE), who will brief AOBA members on the District’s implementation of the mandatory EnergyStar benchmarking requirements. The DC Tax Policy Committee will host Councilmember Jack Evans (D-Ward 2), the Chairperson of the Committee and Finance and Revenue, on February 11. Read more

District Adopts Fire Safety Changes for High-Rise and Apartment Buildings

On December 15, Bill 18-178, the "Fire Alarm Notice and Tenant Fire Safety Amendment Act of 2009” received a second and final reading. The legislation will require owners of high-rise buildings to conduct annual fire drills and prepare and maintain a fire safety and evacuation plan—which, notably, have already been requirements for high-rise buildings, both multifamily and commercial, since the District adopted the 2006 International Fire Code in December 2009. Additionally, however, the bill requires that owners of almost all apartment buildings notify tenants about the fire safety systems in their buildings. The following is a summary of the key provisions in the bill. The Mayor recently signed the bill into law and it will take effect later this Spring. AOBA will update the membership once the District publishes the actual effective date.

FIRE DRILL AND SAFETY PLAN REQUIREMENTS
FOR HIGH-RISE BUILDINGS (MULTIFAMILY AND COMMERCIAL)

• Definition of high-rise building: The bill incorporates the definition of “high-rise building” from the 2006 International Existing Building Code (IEBC). The IEBC defines a “high-rise building” as “any building having occupied floors more than 75 feet above the lowest level of fire department vehicle access.”
• Requirements for owners of high-rise buildings:
  
  
  • Prepare and maintain fire safety and evacuation plan for the building; and
  • Conduct annual fire drills.

MULTIFAMILY TENANT NOTIFICATION REQUIREMENTS

• “Apartment building” means a structure containing 4 or more dwelling units, including a condominium or cooperative, but excluding a single-family residence.
• Notification requirements: An owner of an apartment building must post in conspicuous places in the common areas of the building, and provide to each tenant or unit owner, by hand or first-class mail, a written notice that includes:
  
  
  • Instructions on the operation of the apartment building’s fire alarm;
  • Whether the apartment building’s fire alarm is separate from, or connected to, the smoke detectors in the individual dwelling units;
  • Whether the apartment building’s fire alarm is connected to the Fire and Emergency Medical Services Department; and
  • A warning that, in the event of a fire, the Fire and Emergency Medical Services Department must be contacted immediately by calling 911.
• Who is responsible for issuing the notification form? The Mayor will be responsible for developing the form and publishing it in English, as well as in the various languages required by the District’s Language Access Act of 2004.

DC Moves to Prohibit Smoking In Front Of Buildings --- Sort Of

On January 5, the District took the first steps toward adopting a more comprehensive smoking regulation scheme, including prohibiting smoking outside of buildings, when the Council gave first reading approval to Bill 18-428, the "Prohibition Against Selling Tobacco Products to Minors Amendment Act of 2009." The bill would authorize property owners and first floor retail tenants to post signs on their property stating that smoking is not permitted on public space within a specified distance from, and adjacent to or abutting, the building wall. This distance cannot be greater than 25 feet or the distance to the far side of the adjacent public sidewalk, if any, whichever is less. The bill exempts sidewalk cafes.

But: while the bill seeks to amend the District’s current smoking regulation law as described above, it then goes on to provide that the law’s penalty provisions are not to be applicable! Thus, a property owner may elect to post a sign prohibiting smoking outside its building but, by law, the District could not impose any fines or penalties on persons found smoking in the designated no-smoking area—clearly presenting an enforcement problem for owners.  Compliance will be difficult, if not impossible, if the District is unable or unwilling to enforce the law. Once the new amendments are effective, building owners/managers can post no smoking signs applicable to the public space near their buildings; absent an enforcement provision, however, those who do so simply have to hope that the signs, alone, will have some deterrent value.

Council Bill Seeks to Require Lead-Free Plumbing Materials

Councilmembers Muriel Bowser (D-Ward 4), Mary Cheh (D-Ward 3) and Jim Graham (D-Ward 1), along with five co-sponsors, have introduced Bill 18-452, the “Safe Plumbing Act of 2009,” which proposes to ban the use and sale of plumbing materials containing lead. The legislation focuses on plumbing materials which carry water intended for human consumption; it specifically exempts plumbing materials or fixtures that are used in manufacturing, industrial processing, for irrigation purposes, and other non-consumption uses. The bill also sets forth two different definitions of “lead-free;” which one applies depends, in part, on whether the plumbing is used to carry or dispense water for human consumption through drinking or cooking.

If adopted, the bill would effectively amend the International Plumbing Code of 2006 as previously adopted by the District-- even as the city’s Construction Codes Coordinating Board is reviewing proposed changes to that and other parts of the District’s building codes.

Additionally, there are some pretty grave questions as to the impact of the bill and the ability of the Department of Consumer and Regulatory Affairs (DCRA) to enforce it. For instance, if adopted, the legislation would apply to all buildings as of January 1, 2011-- on its face, there is no provision narrowing its application to new construction and/or major renovation. Absent requiring a property owner to open up the floors and walls in an existing building, how will DCRA determine whether lead-free materials are being used? As we prepare a position on the legislation, AOBA encourages members to review the legislation and forward your comments and concerns.

Member Feedback Needed on Implementation of Proactive Residential Inspections Program

The Department of Consumer and Regulatory Affairs (DCRA) launched its proactive inspections program for residential buildings of 3 or more units in May 2009. The agency focused initial inspections on buildings with 49 or fewer units, then expanded the program, in October 2009, to include buildings with 50 or more units. If DCRA has inspected one or more of your properties as part of the proactive inspections program, please contact Nicola Whiteman at AOBA. We need to hear about members’ experiences with the program; member input is crucial to AOBA’s ongoing efforts to ensure the reasonable and successful implementation of the program.

AOBA’s DC Committees Kick Off New Year

The DC Tax Policy Committee and Legislative & Regulatory Issues Committee will kick off 2010 with two exciting programs in January and February. On February 10, the DC Legislative and Regulatory Issues Committee will host representatives from the District’s Department of the Environment (DDOE), who will brief AOBA members on the District’s implementation of the mandatory EnergyStar benchmarking requirements. The DC Tax Policy Committee will host Councilmember Jack Evans (D-Ward 2), the Chairperson of the Committee and Finance and Revenue, on February 11. Please be sure to attend these informative meetings, and mark your calendars now so you don’t miss any of the meetings in 2010.

2010 Meeting Schedule for DC Committees
(All meetings begin at 10am unless otherwise noted)