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District Of Columbia Council Bill B25-0468

District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0468 Compare Versions

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7-AN ACT
8-
9-________________
10-
11-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12-
13-______________________
14- To amend Appendix N of Title 12-A of the District of Columbia Municipal Regulations to ratify
15-and adopt certain sign regulations previously issued by the Chairperson of the Construction Codes Coordinating Board, the Director of the Department of Consumer and Regulatory Affairs, and the City Administrator, to amend An Act To regulate the erection, hanging, placing, painting, display, and maintenance of outdoor signs and other forms of exterior advertising within the District of Columbia and the Construction Codes Approval and Amendments Act of 1986 to clarify the rulemaking process for sign
16-regulations, and to clarify the prohibition on off-premises advertising in Appendix N of Title 12-A of the District of Columbia Municipal Regulations.
17- BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
18-act may be cited as the “Sign Regulations Amendment Act of 2024”.
19- Sec. 2. Adoption of previously promulgated sign regulations. (a) The Council hereby amends Appendix N of Title 12-A of the District of Columbia
20-Municipal Regulations by ratifying and adopting each of the following emergency and final rules, which are incorporated by reference here: (1) The portion of the final rule adopted by the Chairperson of the Construction Codes Coordinating Board on March 20, 2014, that promulgated Appendix N of Title 12-A of the District of Columbia Municipal Regulations, which was published in the District of Columbia Register on March 28, 2014, at 61 DCR 2782, as corrected by errata notices published in the District of Columbia Register on May 23, 2014, at 61 DCR 5246, and on June 6, 2014, at 61
21-DCR 5761; (2) The portion of the emergency rule adopted by the Chairperson of the
22-Construction Codes Coordinating Board on May 7, 2014, that amended Appendix N of Title 12A of the District of Columbia Municipal Regulations, which was published in the District of Columbia Register on May 9, 2014, at 61 DCR 4760; (3) The portion of the emergency rule adopted by the Chairperson of the
23-Construction Codes Coordinating Board on August 29, 2014, that amended Appendix N of Title 12-A of the District of Columbia Municipal Regulations, which was published in the District of Columbia Register on August 29, 2014, at 61 DCR 8983; ENROLLED ORIGINAL
7+A BILL 1
8+ 2
9+25-468 3
10+ 4
11+IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
12+ 6
13+______________________ 7
14+ 8 To amend Appendix N of Title 12-A of the District of Columbia Municipal Regulations to ratify 9
15+and adopt certain sign regulations previously issued by the Chairperson of the 10
16+Construction Codes Coordinating Board, the Director of the Department of Consumer 11
17+and Regulatory Affairs, and the City Administrator, to amend An Act To regulate the 12
18+erection, hanging, placing, painting, display, and maintenance of outdoor signs and other 13
19+forms of exterior advertising within the District of Columbia and the Construction Codes 14
20+Approval and Amendments Act of 1986 to clarify the rulemaking process for sign 15
21+regulations, and to clarify the prohibition on off-premises advertising in Appendix N of 16
22+Title 12-A of the District of Columbia Municipal Regulations. 17
23+ 18 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 19
24+act may be cited as the “Sign Regulations Amendment Act of 2024”. 20
25+ Sec. 2. Adoption of previously promulgated sign regulations. 21
26+ (a) The Council hereby amends Appendix N of Title 12-A of the District of Columbia 22
27+Municipal Regulations by ratifying and adopting each of the following emergency and final 23
28+rules, which are incorporated by reference here: 24
29+ (1) The portion of the final rule adopted by the Chairperson of the Construction 25
30+Codes Coordinating Board on March 20, 2014 that promulgated Appendix N of Title 12-A of the 26
31+District of Columbia Municipal Regulations, which was published in the District of Columbia 27
32+Register on March 28, 2014, at 61 DCR 2782, as corrected by errata notices published in the 28 ENGROSSED ORIGINAL
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2534
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2736
2837 2
29- (4) The portion of the final rule adopted by the Chairperson of the Construction
30-Codes Coordinating Board on December 15, 2015, that amended Appendix N of Title 12- A of
31-the District of Columbia Municipal Regulations, which was published in the District of
32-Columbia Register on January 2, 2015, at 62 DCR 103;
33- (5) The final rule adopted by the Director of the Department of Consumer and
34-Regulatory Affairs on March 14, 2016, which was published in the District of Columbia Register
35-on April 22, 2016, at 63 DCR 6082;
36- (6) The emergency rule adopted by the City Administrator on July 12, 2016,
37-which was published in the District of Columbia Register on August 26, 2016, at 63 DCR 11000;
38- (7) The emergency rule adopted by the City Administrator on November 4, 2016,
39-which was published in the District of Columbia Register on November 4, 2016, at 63 DCR
40-13718;
41- (8) The emergency rule adopted by the City Administrator on March 4, 2017,
42-which was published in the District of Columbia Register on March 3, 2017, at 64 DCR 2407;
43- (9) The final rule adopted by the City Administrator on June 27, 2017, which was
44-published in the District of Columbia Register on June 30, 2017, at 64 DCR 6105; and
45- (10) The portion of the final rule adopted by the Chairperson of the Construction
46-Codes Coordinating Board on May 21, 2020 that promulgated Appendix N of Subtitle 12- A of
47-the District of Columbia Municipal Regulations, which was published in the District of
48-Columbia Register on May 29, 2020, at 67 DCR 5679.
49- (b) Each rule ratified, adopted, and incorporated by reference in subsection (a) of this
50-section shall apply retroactively to the date that the applicable notice of emergency or final
51-rulemaking issued by the City Administrator, the Director of the Department of Consumer and
52-Regulatory Affairs, or the Chairperson of the Construction Codes Coordinating Board indicated
53-that the rule would take effect, and each such rule shall continue to apply after that date, except
54-to the extent that:
55- (1) The ratification and adoption of another rule listed in subsection (a) of this
56-section and made applicable after that date alters or supersedes the text of such rule;
57- (2) A rule duly issued after the effective date of this act alters or supersedes the
58-text of such rule;
59- (3) Such rule (if an emergency rule) expires pursuant to the terms set forth in the
60-applicable notice of emergency rulemaking; or
61- (4) Such rule is altered or superseded by the amendment set forth in section 4.
62- (c) No criminal penalties may be imposed for an act or omission that predated November
63-2, 2022, if that act or omission constitutes a violation of law as a result of the retroactive
64-applicability of a rule ratified and adopted in subsection (a) of this section.
65-
66- Sec. 3. Clarification of sign rulemaking procedures.
67- (a) Section 1 of An Act To regulate the erection, hanging, placing, painting, display, and
68-maintenance of outdoor signs and other forms of exterior advertising within the District of ENROLLED ORIGINAL
38+District of Columbia Register on May 23, 2014, at 61 DCR 5246, and on June 6, 2014, at 61 29
39+DCR 5761; 30
40+ (2) The portion of the emergency rule adopted by the Chairperson of the 31
41+Construction Codes Coordinating Board on May 7, 2014 that amended Appendix N of Title 12A 32
42+of the District of Columbia Municipal Regulations, which was published in the District of 33
43+Columbia Register on May 9, 2014, at 61 DCR 4760; 34
44+ (3) The portion of the emergency rule adopted by the Chairperson of the 35
45+Construction Codes Coordinating Board on August 29, 2014 that amended Appendix N of Title 36
46+12-A of the District of Columbia Municipal Regulations, which was published in the District of 37
47+Columbia Register on August 29, 2014, at 61 DCR 8983; 38
48+ (4) The portion of the final rule adopted by the Chairperson of the Construction 39
49+Codes Coordinating Board on December 15, 2015 that amended Appendix N of Title 12- A of the 40
50+District of Columbia Municipal Regulations, which was published in the District of Columbia 41
51+Register on January 2, 2015, at 62 DCR 103; 42
52+ (5) The final rule adopted by the Director of the Department of Consumer and 43
53+Regulatory Affairs on March 14, 2016, which was published in the District of Columbia Register 44
54+on April 22, 2016, at 63 DCR 6082; 45
55+ (6) The emergency rule adopted by the City Administrator on July 12, 2016, 46
56+which was published in the District of Columbia Register on August 26, 2016, at 63 DCR 11000; 47 ENGROSSED ORIGINAL
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74-Columbia, approved March 3, 1931 (46 Stat. 1486; D.C. Official Code § 1- 303.21), is amended
75-as follows:
76- (1) Subsection (a) is amended as follows:
77- (A) Strike the phrase “The Mayor shall issue, amend, repeal and enforce
78-rules governing the hanging, placing, painting, projection, display, and maintenance of signs on
79-public space, public buildings, or other property owned or controlled by the District and on
80-private property within public view within the District” and insert the phrase “The Mayor,
81-pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October
82-21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue a comprehensive
83-rulemaking to update the rules governing the hanging, placing, painting, projection, display, and
84-maintenance of signs on public space, public buildings, or other property owned or controlled by
85-the District and on private property within public view within the District, and the Mayor may
86-thereafter amend, repeal, and enforce such rules” in its place.
87- (B) Strike the phrase “The proposed rules” and insert the phrase
88-“Proposed rules” in its place.
89- (C) Strike the phrase “The rules shall not” and insert the phrase “The
90-proposed rules shall not” in its place.
91- (2) A new subsection (c) is added to read as follows:
92- “(c) Until the issuance of a comprehensive final rulemaking pursuant to subsection (a) of
93-this section, the Mayor may issue rules to update, amend, repeal, and enforce regulations
94-regarding signs on public space, public buildings, or other property owned or controlled by the
95-District and on private property within public view within the District pursuant to section 10 of
96-the Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987 (D.C.
97-Law 6-216; D.C. Official Code § 6- 1409).”.
98- (b) The Construction Codes Approval and Amendments Act of 1986, effective March 21,
99-1987 (D.C. Law 6- 216; D.C. Official Code § 6-1401 et seq.), is amended as follows:
100- (1) Section 4(b) (D.C. Official Code § 6- 1403(b)) is amended by striking the
101-phrase “interior signs or” and inserting the phrase “signs, advertising devices, and” in its place.
102- (2) Section 10(a) (D.C. Official Code § 6- 1409(a)) is amended as follows:
103- (A) Strike the phrase “The Mayor may issue proposed rules to amend the
104-Construction Codes” and insert the phrase “The Mayor may issue rules to amend the
105-Construction Codes” in its place.
106- (B) Strike the phrase “The proposed rules” and insert the phrase
107-“Proposed rules” in its place.
108- (C) Strike the phrase “The rules shall not” and insert the phrase “The
109-proposed rules shall not” in its place.
110-
111- Sec. 4. Clarification of the prohibition on off-premises advertising.
112- Section N101.6 of Appendix N of Title 12- A of the District of Columbia Municipal
113-Regulations is amended by striking the phrase “No sign subject to the provisions of Section ENROLLED ORIGINAL
62+ (7) The emergency rule adopted by the City Administrator on November 4, 2016, 48
63+which was published in the District of Columbia Register on November 4, 2016, at 63 DCR 49
64+13718; 50
65+ (8) The emergency rule adopted by the City Administrator on March 4, 2017, 51
66+which was published in the District of Columbia Register on March 3, 2017, at 64 DCR 2407; 52
67+ (9) The final rule adopted by the City Administrator on June 27, 2017, which was 53
68+published in the District of Columbia Register on June 30, 2017, at 64 DCR 6105; and 54
69+ (10) The portion of the final rule adopted by the Chairperson of the Construction 55
70+Codes Coordinating Board on May 21, 2020 that promulgated Appendix N of Subtitle 12- A of 56
71+the District of Columbia Municipal Regulations, which was published in the District of 57
72+Columbia Register on May 29, 2020, at 67 DCR 5679. 58
73+ (b) Each rule ratified, adopted, and incorporated by reference in subsection (a) of this 59
74+section shall apply retroactively to the date that the applicable notice of emergency or final 60
75+rulemaking issued by the City Administrator, the Director of the Department of Consumer and 61
76+Regulatory Affairs, or the Chairperson of the Construction Codes Coordinating Board indicated 62
77+that the rule would take effect, and each such rule shall continue to apply after that date, except 63
78+to the extent that: 64
79+ (1) The ratification and adoption of another rule listed in subsection (a) of this 65
80+section and made applicable after that date alters or supersedes the text of such rule; 66 ENGROSSED ORIGINAL
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119-N101” and inserting the phrase “No sign subject to the provisions of Section N101, regardless of
120-whether a permit is or was required for the erection of the sign and regardless of whether the sign
121-was subject to the provisions of Section N101 at the time of its erection,” in its place.
122-
123- Sec. 5. Fiscal impact statement.
124- The Council adopts the fiscal impact statement in the committee report as the fiscal
125-impact statement required by section 4a of the General Legislative Procedures Act of 1975,
126-approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
127-
128- Sec. 6. Effective date.
129-This act shall take effect following approval by the Mayor (or in the event of veto by the
130-Mayor, action by the Council to override the veto) and a 30-day period of congressional review
131-as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved
132-December 24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)).
133-
134-
135-
136-______________________________
137-Chairman
138-Council of the District of Columbia
86+ (2) A rule duly issued after the effective date of this act alters or supersedes the 67
87+text of such rule; 68
88+ (3) Such rule (if an emergency rule) expires pursuant to the terms set forth in the 69
89+applicable notice of emergency rulemaking; or 70
90+ (4) Such rule is altered or superseded by the amendment set forth in section 4. 71
91+ (c) No criminal penalties may be imposed for an act or omission that predated November 72
92+2, 2022 if that act or omission constitutes a violation of law as a result of the retroactive 73
93+applicability of a rule ratified and adopted in subsection (a) of this section. 74
94+ Sec. 3. Clarification of sign rulemaking procedures. 75
95+ (a) Section 1 of An Act To regulate the erection, hanging, placing, painting, display, and 76
96+maintenance of outdoor signs and other forms of exterior advertising within the District of 77
97+Columbia, approved March 3, 1931 (46 Stat. 1486; D.C. Official Code § 1- 303.21), is amended 78
98+as follows: 79
99+ (1) Subsection (a) is amended as follows: 80
100+ (A) Strike the phrase “The Mayor shall issue, amend, repeal and enforce 81
101+rules governing the hanging, placing, painting, projection, display, and maintenance of signs on 82
102+public space, public buildings, or other property owned or controlled by the District and on 83
103+private property within public view within the District” and insert the phrase “The Mayor, 84
104+pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 85
105+21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue a comprehensive 86 ENGROSSED ORIGINAL
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143-
144-_________________________________
145-Mayor
146-District of Columbia
110+5
111+rulemaking to update the rules governing the hanging, placing, painting, projection, display, and 87
112+maintenance of signs on public space, public buildings, or other property owned or controlled by 88
113+the District and on private property within public view within the District, and the Mayor may 89
114+thereafter amend, repeal, and enforce such rules” in its place. 90
115+ (B) Strike the phrase “The proposed rules” and insert the phrase 91
116+“Proposed rules” in its place. 92
117+ (C) Strike the phrase “The rules shall not” and insert the phrase “The 93
118+proposed rules shall not” in its place. 94
119+ (2) A new subsection (c) is added to read as follows: 95
120+ “(c) Until the issuance of a comprehensive final rulemaking pursuant to subsection (a) of 96
121+this section, the Mayor may issue rules to update, amend, repeal, and enforce regulations 97
122+regarding signs on public space, public buildings, or other property owned or controlled by the 98
123+District and on private property within public view within the District pursuant to section 10 of 99
124+the Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987 (D.C. 100
125+Law 6-216; D.C. Official Code § 6- 1409).”. 101
126+ (b) The Construction Codes Approval and Amendments Act of 1986, effective March 21, 102
127+1987 (D.C. Law 6- 216; D.C. Official Code § 6-1401 et seq.), is amended as follows: 103
128+ (1) Section 4(b) (D.C. Official Code § 6- 1403(b)) is amended by striking the 104
129+phrase “interior signs or” and inserting the phrase “signs, advertising devices, and” in its place. 105
130+ (2) Section 10(a) (D.C. Official Code § 6- 1409(a)) is amended as follows: 106 ENGROSSED ORIGINAL
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148132
149133
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136+ (A) Strike the phrase “The Mayor may issue proposed rules to amend the 107
137+Construction Codes” and insert the phrase “The Mayor may issue rules to amend the 108
138+Construction Codes” in its place. 109
139+ (B) Strike the phrase “The proposed rules” and insert the phrase 110
140+“Proposed rules” in its place. 111
141+ (C) Strike the phrase “The rules shall not” and insert the phrase “The 112
142+proposed rules shall not” in its place. 113
143+ Sec. 4. Clarification of the prohibition on off-premises advertising. 114
144+ Section N101.6 of Appendix N of Title 12- A of the District of Columbia Municipal 115
145+Regulations is amended by striking the phrase “No sign subject to the provisions of Section 116
146+N101” and inserting the phrase “No sign subject to the provisions of Section N101, regardless of 117
147+whether a permit is or was required for the erection of the sign and regardless of whether the sign 118
148+was subject to the provisions of Section N101 at the time of its erection,” in its place. 119
149+ Sec. 5. Fiscal impact statement. 120
150+ The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 121
151+impact statement required by section 4a of the General Legislative Procedures Act of 1975, 122
152+approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 123
153+ Sec. 6. Effective date. 124
154+ (a) This act shall take effect following approval by the Mayor (or in the event of veto by 125
155+the Mayor, action by the Council to override the veto), a 30- day period of congressional review 126 ENGROSSED ORIGINAL
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157+
158+
159+
160+7
161+as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 127
162+24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of 128
163+Columbia Register. 129