District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0016 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
2		-
3		-
4		-
5		-
6	1		1
7		-	AN ACT
8		-
9		-	______________
10		-
11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12		-
13		-	________________
14		-
15		-
16		-	To amend, on an emergency basis, due to congressional review, Appendix N of Title 12- A of the
17		-	District of Columbia Municipal Regulations to ratify and adopt certain sign regulations
18		-	previously issued by the Chairperson of the Construction Codes Coordinating Board, the
19		-	Director of the Department of Consumer and Regulatory Affairs, and the City
20		-	Administrator, to amend An Act To regulate the erection, hanging, placing, painting,
21		-	display, and maintenance of outdoor signs and other forms of exterior advertising within
22		-	the District of Columbia and the Construction Codes Approval and Amendments Act of
23		-	1986 to clarify the rulemaking process for sign regulations, and to clarify the prohibition
24		-	on off-premises advertising in Appendix N of Title 12- A of the District of Columbia
25		-	Municipal Regulations.
26		-
27		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
28		-	act may be cited as the “Sign Regulations Congressional Review Emergency Amendment Act of
29		-	2023”.
30		-
31		-	Sec. 2. Adoption of previously promulgated sign regulations.
32		-	(a) The Council hereby amends Appendix N of Title 12- A of the District of Columbia
33		-	Municipal Regulations by ratifying and adopting each of the following emergency and final
34		-	rules, which are incorporated by reference here:
35		-	(1) The portion of the final rule adopted by the Chairperson of the Construction
36		-	Codes Coordinating Board on March 20, 2014, that promulgated Appendix N of Title 12- A of
37		-	the District of Columbia Municipal Regulations, which was published in the District of
38		-	Columbia Register on March 28, 2014, at 61 DCR 2782, as corrected by errata notices published
39		-	in the District of Columbia Register on May 23, 2014, at 61 DCR 5246, and on June 6, 2014, at
40		-	61 DCR 5761;
41		-	(2) The portion of the emergency rule adopted by the Chairperson of the
42		-	Construction Codes Coordinating Board on May 7, 2014, that amended Appendix N of Title 12-
43		-	A of the District of Columbia Municipal Regulations, which was published in the District of
44		-	Columbia Register on May 9, 2014, at 61 DCR 4760; ENROLLED ORIGINAL
45		-
46		-
47		-
48		-
49		-	2
50		-	(3) The portion of the emergency rule adopted by the Chairperson of the
51		-	Construction Codes Coordinating Board on August 29, 2014, that amended Appendix N of Title
52		-	12-A of the District of Columbia Municipal Regulations, which was published in the District of
53		-	Columbia Register on August 29, 2014, at 61 DCR 8983;
54		-	(4) The portion of the final rule adopted by the Chairperson of the Construction
55		-	Codes Coordinating Board on December 15, 2015, that amended Appendix N of Title 12- A of
56		-	the District of Columbia Municipal Regulations, which was published in the District of
57		-	Columbia Register on January 2, 2015, at 62 DCR 103;
58		-	(5) The final rule adopted by the Director of the Department of Consumer and
59		-	Regulatory Affairs on March 14, 2016, which was published in the District of Columbia Register
60		-	on April 22, 2016, at 63 DCR 6082;
61		-	(6) The emergency rule adopted by the City Administrator on July 12, 2016,
62		-	which was published in the District of Columbia Register on August 26, 2016, at 63 DCR 11000;
63		-	(7) The emergency rule adopted by the City Administrator on November 4, 2016,
64		-	which was published in the District of Columbia Register on November 4, 2016, at 63 DCR
65		-	13718;
66		-	(8) The emergency rule adopted by the City Administrator on March 3, 2017,
67		-	which was published in the District of Columbia Register on March 3, 2017, at 64 DCR 2407;
68		-	(9) The final rule adopted by the City Administrator on June 30, 2017, which was
69		-	published in the District of Columbia Register on June 30, 2017, at 64 DCR 6105; and
70		-	(10) The portion of the final rule adopted by the Chairperson of the Construction
71		-	Codes Coordinating Board on May 21, 2020, that promulgated Appendix N of Subtitle 12- A of
72		-	the District of Columbia Municipal Regulations, which was published in the District of
73		-	Columbia Register on May 29, 2020, at 67 DCR 5679.
74		-	(b) Each rule ratified, adopted, and incorporated by reference in subsection (a) of this
75		-	section shall apply retroactively to the date that the applicable notice of emergency or final
76		-	rulemaking issued by the City Administrator, the Director of the Department of Consumer and
77		-	Regulatory Affairs, or the Chairperson of the Construction Codes Coordinating Board indicated
78		-	that the rule would take effect, and each such rule shall continue to apply after that date, except
79		-	to the extent that:
80		-	(1) The ratification and adoption of another rule listed in subsection (a) of this
81		-	section and made applicable after that date alters or supersedes the text of such rule;
82		-	(2) A rule duly issued after the effective date of this act alters or supersedes the
83		-	text of such rule;
84		-	(3) Such rule (if an emergency rule) expires pursuant to the terms set forth in the
85		-	applicable notice of emergency rulemaking; or
86		-	(4) Such rule is altered or superseded by the amendment set forth in section 4.
87		-	(c) No criminal penalties may be imposed for an act or omission that predated November
88		-	2, 2022, if that act or omission constitutes a violation of law as a result of the retroactive
89		-	applicability of a rule ratified and adopted in subsection (a) of this section. ENROLLED ORIGINAL
90		-
91		-
92		-
93		-
	2	+	_____________________________ 1
	3	+	Chairman Phil Mendelson 2
94	4		3
95		-
96		-	Sec. 3. Clarification of sign rulemaking procedures.
97		-	(a) Section 1 of An Act To regulate the erection, hanging, placing, painting, display, and
98		-	maintenance of outdoor signs and other forms of exterior advertising within the District of
99		-	Columbia, approved March 3, 1931 (46 Stat. 1486; D.C. Official Code § 1- 303.21), is amended
100		-	as follows:
101		-	(1) Subsection (a) is amended as follows:
102		-	(A) Strike the phrase “The Mayor shall issue, amend, repeal and enforce
103		-	rules governing the hanging, placing, painting, projection, display, and maintenance of signs on
104		-	public space, public buildings, or other property owned or controlled by the District and on
105		-	private property within public view within the District” and insert the phrase “The Mayor,
106		-	pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October
107		-	21, 1968 (82 Stat. 1204; D.C. Official Code § 2- 501 et seq.), shall issue a comprehensive
108		-	rulemaking to update the rules governing the hanging, placing, painting, projection, display, and
109		-	maintenance of signs on public space, public buildings, or other property owned or controlled by
110		-	the District and on private property within public view within the District, and the Mayor may
111		-	thereafter amend, repeal, and enforce such rules” in its place.
112		-	(B) Strike the phrase “The proposed rules” and insert the phrase
113		-	“Proposed rules” in its place;
114		-	(C) Strike the phrase “The rules shall not” and insert the phrase “The
115		-	proposed rules shall not” in its place.
116		-	(2) A new subsection (c) is added to read as follows:
117		-	“(c) Until the issuance of a comprehensive final rulemaking pursuant to subsection (a) of
118		-	this section, the Mayor may issue rules to update, amend, repeal, and enforce regulations
119		-	regarding signs on public space, public buildings, or other property owned or controlled by the
120		-	District and on private property within public view within the District pursuant to section 10 of
121		-	the Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987 (D.C.
122		-	Law 6-216; D.C. Official Code § 6- 1409).”.
123		-	(b) The Construction Codes Approval and Amendments Act of 1986, effective March 21,
124		-	1987 (D.C. Law 6- 216; D.C. Official Code § 6- 1401 et seq.), is amended as follows:
125		-	(1) Section 4(b) (D.C. Official Code § 6- 1403(b)) is amended by striking the
126		-	phrase “interior signs or” and inserting the phrase “signs, advertising devices, and” in its place.
127		-	(2) Section 10(a) (D.C. Official Cod e § 6-1409(a)) is amended as follows:
128		-	(A) Strike the phrase “The Mayor may issue proposed rules to amend the
129		-	Construction Codes” and insert the phrase “The Mayor may issue rules to amend the
130		-	Construction Codes” in its place.
131		-	(B) Strike the phrase “The proposed rules” and insert the phrase
132		-	“Proposed rules” in its place.
133		-	(C) Strike the phrase “The rules shall not” and insert the phrase “The
134		-	proposed rules shall not” in its place.
135		-	ENROLLED ORIGINAL
136		-
137		-
138		-
139		-
140	5		4
141		-	Sec. 4. Clarification of the prohibition on off-premises advertising.
142		-	Section N101.6 of Appendix N of Title 12- A of the District of Columbia Municipal
143		-	Regulations is amended by striking the phrase “No sign subject to the provisions of Section
144		-	N101” and inserting the phrase “No sign subject to the provisions of Section N101, regardless of
145		-	whether a permit is or was required for the erection of the sign, and regardless of whether the
146		-	sign was subject to the provisions of Section N101 at the time of its erection,” in its place.
147		-
148		-	Sec. 5. Fiscal impact statement.
149		-	The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal
150		-	impact statement required by section 4a of the General Legislative Procedures Act of 1975,
151		-	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
152		-
153		-	Sec. 6. Effective date.
154		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
155		-	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
156		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section
157		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
158		-	D.C. Official Code § 1- 204.12(a)).
159		-
160		-
161		-
162		-
163		-	______________________________
164		-	Chairman
165		-	Council of the District of Columbia
166		-
167		-
168		-
169		-
170		-	_________________________________
171		-	Mayor
172		-	District of Columbia
173		-
174		-
175		-
	6	+	A BILL 5
	7	+	6
	8	+	_______ 7
	9	+	8
	10	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 9
	11	+	10
	12	+	______________________ 11
	13	+	12
	14	+	To amend, on an emergency basis, due to congressional review, Appendix N of Title 12-A of the 13
	15	+	District of Columbia Municipal Regulations by ratifying and adopting certain sign 14
	16	+	regulations previously issued by the Chairperson of the Construction Codes Coordinating 15
	17	+	Board, the Director of the Department of Consumer and Regulatory Affairs, and the City 16
	18	+	Administrator, amend An Act To regulate the erection, hanging, placing, painting, 17
	19	+	display, and maintenance of outdoor signs and other forms of exterior advertising within 18
	20	+	the District of Columbia, the Construction Codes Approval and Amendments Act of 19
	21	+	1986, and the Sign Regulation Authorization Amendment Act of 2012 to clarify the 20
	22	+	rulemaking process for sign regulations, and clarify the prohibition on off-premises 21
	23	+	advertising in Appendix N of Title 12-A of the District of Columbia Municipal 22
	24	+	Regulations. 23
	25	+	24
	26	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 25
	27	+	act may be cited as the “Sign Regulations Congressional Review Emergency Amendment Act of 26
	28	+	2023”. 27
	29	+	Sec. 2. Adoption of previously promulgated sign regulations. 28
	30	+	(a) The Council hereby amends Appendix N of Title 12-A of the District of Columbia 29
	31	+	Municipal Regulations by ratifying and adopting each of the following emergency and final 30
	32	+	rules, which are incorporated by reference here: 31
	33	+	(1) The portion of the final rule adopted by the Chairperson of the Construction 32
	34	+	Codes Coordinating Board on March 20, 2014, that promulgated Appendix N of Title 12-A of 33
	35	+	the District of Columbia Municipal Regulations, which was published in the District of 34
	36	+	Columbia Register on March 28, 2014, at 61 DCR 2782, as corrected by errata notices published 35 2
	37	+	in the District of Columbia Register on May 23, 2014, at 61 DCR 5246, and on June 6, 2014, at 36
	38	+	61 DCR 5761; 37
	39	+	(2) The portion of the emergency rule adopted by the Chairperson of the 38
	40	+	Construction Codes Coordinating Board on May 7, 2014, that amended Appendix N of Title 12-39
	41	+	A of the District of Columbia Municipal Regulations, which was published in the District of 40
	42	+	Columbia Register on May 9, 2014, at 61 DCR 4760; 41
	43	+	(3) The portion of the emergency rule adopted by the Chairperson of the 42
	44	+	Construction Codes Coordinating Board on August 29, 2014, that amended Appendix N of Title 43
	45	+	12-A of the District of Columbia Municipal Regulations, which was published in the District of 44
	46	+	Columbia Register on August 29, 2014, at 61 DCR 8983. 45
	47	+	(4) The portion of the final rule adopted by the Chairperson of the Construction 46
	48	+	Codes Coordinating Board on December 15, 2015, that amended Appendix N of Title 12-A of 47
	49	+	the District of Columbia Municipal Regulations, which was published in the District of 48
	50	+	Columbia Register on January 2, 2015, at 62 DCR 103; 49
	51	+	(5) The final rule adopted by the Director of the Department of Consumer and 50
	52	+	Regulatory Affairs on March 14, 2016, which was published in the District of Columbia Register 51
	53	+	on April 22, 2016, at 63 DCR 6082; 52
	54	+	(6) The emergency rule adopted by the City Administrator on July 12, 2016, 53
	55	+	which was published in the District of Columbia Register on August 26, 2016, at 63 DCR 11000; 54
	56	+	(7) The emergency rule adopted by the City Administrator on November 4, 2016, 55
	57	+	which was published in the District of Columbia Register on November 4, 2016, at 63 DCR 56
	58	+	13718; 57 3
	59	+	(8) The emergency rule adopted by the City Administrator on March 3, 2017, 58
	60	+	which was published in the District of Columbia Register on March 3, 2017, at 64 DCR 2407; 59
	61	+	(9) The final rule adopted by the City Administrator on June 30, 2017, which was 60
	62	+	published in the District of Columbia Register on June 30, 2017, at 64 DCR 6105; and 61
	63	+	(10) The portion of the final rule adopted by the Chairperson of the Construction 62
	64	+	Codes Coordinating Board on May 21, 2020, that promulgated Appendix N of Subtitle 12-A of 63
	65	+	the District of Columbia Municipal Regulations, which was published in the District of 64
	66	+	Columbia Register on May 29, 2020, at 67 DCR 5679. 65
	67	+	(b) Each rule ratified, adopted, and incorporated by reference in subsection (a) of this 66
	68	+	section shall apply retroactively to the date that the applicable notice of emergency or final 67
	69	+	rulemaking issued by the City Administrator, Director of the Department of Consumer and 68
	70	+	Regulatory Affairs, or the Chairperson of the Construction Codes Coordinating Board indicated 69
	71	+	that the rule would take effect, and each such rule shall continue to apply after that date, except 70
	72	+	to the extent that: 71
	73	+	(1) The ratification and adoption of another rule listed in subsection (a) of this 72
	74	+	section and made applicable after that date alters or supersedes the text of such rule; 73
	75	+	(2) A rule duly issued after the effective date of this act alters or supersedes the 74
	76	+	text of such rule; 75
	77	+	(3) Such rule (if an emergency rule) expires pursuant to the terms set forth in the 76
	78	+	applicable notice of emergency rulemaking; or 77
	79	+	(4) Such rule is altered or superseded by the amendment set forth in section 4. 78
	80	+	Sec. 3. Clarification of sign rulemaking procedures. 79 4
	81	+	(a) Section 1 of An Act To regulate the erection, hanging, placing, painting, display, and 80
	82	+	maintenance of outdoor signs and other forms of exterior advertising within the District of 81
	83	+	Columbia, approved March 3, 1931 (46 Stat. 1486; D.C. Official Code § 1-303.21), is amended 82
	84	+	as follows: 83
	85	+	(1) Subsection (a) is amended as follows: 84
	86	+	(A) Strike the phrase “The Mayor shall issue, amend, repeal and enforce 85
	87	+	rules governing the hanging, placing, painting, projection, display, and maintenance of signs on 86
	88	+	public space, public buildings, or other property owned or controlled by the District and on 87
	89	+	private property within public view within the District” and insert the phrase “The Mayor, 88
	90	+	pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 89
	91	+	21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue a comprehensive 90
	92	+	rulemaking to update the rules governing the hanging, placing, painting, projection, display, and 91
	93	+	maintenance of signs on public space, public buildings, or other property owned or controlled by 92
	94	+	the District and on private property within public view within the District, and the Mayor may 93
	95	+	thereafter amend, repeal, and enforce such rules.” in its place. 94
	96	+	(B) Strike the phrase “The proposed rules” and insert the phrase 95
	97	+	“Proposed rules” in its place; 96
	98	+	(C) Strike the phrase “The rules shall not” and insert the phrase “The 97
	99	+	proposed rules shall not” in its place. 98
	100	+	(2) A new subsection (c) is added to read as follows: 99
	101	+	“(c) Until the issuance of a comprehensive final rulemaking pursuant to subsection (a) of 100
	102	+	this section, the Mayor may issue rules to update, amend, repeal, and enforce regulations 101
	103	+	regarding signs on public space, public buildings, or other property owned or controlled by the 102 5
	104	+	District and on private property within public view within the District pursuant to section 10 of 103
	105	+	the Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987 (D.C. 104
	106	+	Law 6-216; D.C. Official Code § 6-1409).”. 105
	107	+	(b) The Construction Codes Approval and Amendments Act of 1986, effective March 21, 106
	108	+	1987 (D.C. Law 6-216; D.C. Official Code § 6-1401 et seq.), is amended as follows: 107
	109	+	(1) Section 4(b) (D.C. Official Code § 6-1403(b)) is amended by striking the 108
	110	+	phrase “interior signs or” and inserting the phrase “signs, advertising devices, and” in its place. 109
	111	+	(2) Section 10(a) (D.C. Official Code § 6-1409)(a)) is amended as follows: 110
	112	+	(A) Strike the phrase “The Mayor may issue proposed rules to amend the 111
	113	+	Construction Codes” and insert the phrase “The Mayor may issue rules to amend the 112
	114	+	Construction Codes” in its place. 113
	115	+	(B) Strike the phrase “The proposed rules” and inserting the phrase 114
	116	+	“Proposed rules” in its place. 115
	117	+	(C) Strike the phrase “The rules shall not” and inserting the phrase “The 116
	118	+	proposed rules shall not” in its place. 117
	119	+	Sec. 4. Clarification of the prohibition on off-premises advertising. 118
	120	+	Section N101.6 of Appendix N of Title 12-A of the District of Columbia Municipal 119
	121	+	Regulations is amended by striking the phrase “No sign subject to the provisions of Section 120
	122	+	N101” and inserting the phrase “No sign subject to the provisions of Section N101, regardless of 121
	123	+	whether a permit is or was required for the erection of the sign, and regardless of whether the 122
	124	+	sign was subject to the provisions of Section N101 at the time of its erection,” in its place. 123
	125	+	Sec. 5. Fiscal impact statement. 124 6
	126	+	The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 125
	127	+	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 126
	128	+	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 127
	129	+	Sec. 6. Effective date. 128
	130	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 129
	131	+	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 130
	132	+	90 days, as provided for emergency acts of the Council of the District of Columbia in section 131
	133	+	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 132
	134	+	D.C. Official Code § 1-204.12(a)). 133