District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-1024 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
2		-
3		-
4		-
5		-
6		-	AN ACT
7		-
8		-	_____________
9		-
10		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
11		-
12		-	_________________________
13		-
14		-
15		-	To amend, on an emergency basis, due to congressional review, the Construction Codes
16		-	Approval and Amendments Act of 1986 to require a property owner, contractor, or person
17		-	applying for specific permits for construction work to demonstrate that his or her
18		-	insurance will insure adjacent property owners for loss or damage that arises out of the
19		-	proposed construction work.
20		-
21		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
22		-	act may be cited as the “Protecting Adjacent and Adjoining Property Owners from Construction
23		-	Damage Second Congressional Review Emergency Amendment Act of 2024”.
24		-
25		-	Sec. 2. Section 6a(a)(2A) of the Co- nstruction Codes Approval and Amendments Act of
26		-	1986, effective April 20, 1999 (D.C. Law 12- 261; D.C. Official Code § 6-1405.01(a)(2A)), is
27		-	amended as follows:
28		-	(a) Subparagraph (B) is amended to read as follows:
29		-	“(B) The following permits shall require insurance pursuant to
30		-	subparagraph (A) of this paragraph; provided, that the requirements shall only apply to permits
31		-	issued 90 days after the adoption of emergency or final rules issued by the Mayor pursuant to
32		-	subparagraph (E) of this paragraph:
33		-	“(i) An addition, alteration, and repair permit pursuant to which the
34		-	applicant will be engaging in construction at the property line or on the party wall of an adjacent
35		-	or adjoining property, or any construction activity for which a permit listed under sub-
36		-	subparagraph (iii), (iv), (v), (vi), (vii), or (viii) of this subparagraph would otherwise be required;
37		-	“(ii) An alteration and repair permit pursuant to which the
38		-	applicant will be engaging in underpinning, construction at the property line or on the party wall
39		-	of an adjacent or adjoining property, or any construction activity for which a permit listed under
40		-	sub-subparagraph (iii), (iv), (v), (vi), (vii), or (viii) of this subparagraph would otherwise be
41		-	required;
42		-	“(iii) A foundation permit;
43		-	“(iv) A demolition permit;
44		-	“(v) An excavation permit;
45		-	“(vi) A new building permit;
46		-	“(vii) A raze permit; and
47		-	“(viii) A sheeting and shoring permit.”. ENROLLED ORIGINAL
48		-
49		-
50		-
51		-
52		-	(b) Subparagraph (D)(i) is amended to read as follows:
53		-	“(i) “Adjacent property” means any privately held real property
54		-	(all or a portion thereof) within 30 feet of a property line of the real property for which the
55		-	permit is applied.”.
56		-	(c) Subparagraph (E) is amended to read as follows:
57		-	“(E) The Mayor shall issue rules to implement this paragraph, pursuant to
58		-	the authority provided in section 10.”.
59		-
60		-	Sec. 3. Applicability date.
61		-	This act shall apply as of November 21, 2024.
62		-
63		-	Sec. 4. Fiscal impact statement.
64		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
65		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
66		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
67		-
68		-	Sec. 5. Effective date.
69		-	This act shall take effect following approval by the Mayor (or in the event of a veto by
70		-	the Mayor, action by the Council to override the veto), and shall remain in effect for no longer
71		-	than 90 days, as provided for emergency acts of the Council of the District of Columbia in
72		-	section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87
73		-	Stat. 788; D.C. Official Code § 1- 204.12(a)).
74		-
75		-
76		-
77		-	______________________________
78		-	Chairman
79		-	Council of the District of Columbia
80		-
81		-
82		-
83		-
84		-
85		-	_________________________________
86		-	Mayor
87		-	District of Columbia
88		-
89		-
	1	+	1
	2	+	Chairman Phil Mendelson 2
	3	+	3
	4	+	4
	5	+	5
	6	+	6
	7	+	7
	8	+	8
	9	+	A BILL 9
	10	+	10
	11	+	11
	12	+	12
	13	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 13
	14	+	14
	15	+	15
	16	+	16
	17	+	17
	18	+	To amend, on an emergency basis, due to congressional review, the Construction Codes 18
	19	+	Approval and Amendments Act of 1986 to require a property owner, contractor, or person 19
	20	+	applying for certain permits for construction work to demonstrate that their insurance 20
	21	+	provides coverage for adjacent and adjoining property owners for loss or damage that 21
	22	+	arises out of the proposed construction work. 22
	23	+	23
	24	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 24
	25	+	act may be cited as the “Protecting Adjacent and Adjoining Property Owners from Construction 25
	26	+	Damage Second Congressional Review Emergency Amendment Act of 2024”. 26
	27	+	Sec. 2. Section 6a(a)(2A) of the Construction Codes Approval and Amendments Act of 27
	28	+	1986, effective April 20, 1999 (D.C. Law 12-261; D.C. Official Code § 6-1405.01(a)(2A)(B)), is 28
	29	+	amended to read as follows: 29
	30	+	(a) Subparagraph (B) is amended to read as follows: 30
	31	+	“(B) The following permits shall require insurance pursuant to 31
	32	+	subparagraph (A) of this paragraph; provided, that the requirements shall only apply to permits 32
	33	+	issued 30 days after the adoption of emergency or final rules issued by the Mayor pursuant to 33
	34	+	subparagraph (E) of this paragraph: 34 “(i) An addition, alteration, and repair permit pursuant to which the 35
	35	+	applicant will be engaging in underpinning, construction at the property line or on the party wall 36
	36	+	of an adjacent or adjoining property, or any construction activity for which a permit listed under 37
	37	+	sub-subparagraph (iii), (iv), (v), (vi), (vii), or (viii) of this subparagraph would otherwise be 38
	38	+	required; 39
	39	+	“(ii) An alteration and repair permit pursuant to which the 40
	40	+	applicant will be engaging in underpinning, construction at the property line or on the party wall 41
	41	+	of an adjacent or adjoining property, or any construction activity for which a permit listed under 42
	42	+	sub-subparagraph (iii), (iv), (v), (vi), (vii), or (viii) of this subparagraph would otherwise be 43
	43	+	required; 44
	44	+	“(iii) A foundation permit; 45
	45	+	“(iv) A demolition permit; 46
	46	+	“(v) An excavation permit; 47
	47	+	“(vi) A new building permit; 48
	48	+	“(vii) A raze permit; and 49
	49	+	“(viii) A sheeting and shoring permit.”. 50
	50	+	(b) Subparagraph (D)(i) is amended to read as follows: 51
	51	+	“(i) “Adjacent property” means any privately held real property 52
	52	+	(all or a portion thereof) within 30 feet of a property line of the real property for which the 53
	53	+	permit is applied.”. 54
	54	+	(c) Subparagraph (E) is amended to read as follows: 55
	55	+	“(E) The Mayor shall issue rules to implement this paragraph, pursuant to 56
	56	+	the authority provided in section 10.”. 57 Sec. 3. Applicability date. 58
	57	+	This act shall apply as of November 21, 2024. 59
	58	+	Sec. 4. Fiscal impact statement. 60
	59	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 61
	60	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 62
	61	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 63
	62	+	Sec. 5. Effective date. 64
	63	+	This act shall take effect following approval by the Mayor (or in the event of a veto by 65
	64	+	the Mayor, action by the Council to override the veto), and shall remain in effect for no longer 66
	65	+	than 90 days, as provided for emergency acts of the Council of the District of Columbia in 67
	66	+	section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 68
	67	+	Stat. 788; D.C. Official Code § 1-204.12(a)). 69