District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0601 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
	1	+	MURIEL BOWSER
	2	+	MAYOR
	3	+	January 4, 2024
	4	+	The Honorable Phil Mendelson
	5	+	Chairman
	6	+	Council of the District of Columbia John A.
	7	+	Wilson Building
	8	+	1350 Pennsylvania Avenue, NW, Suite 504
	9	+	Washington, DC 20004
	10	+	Enclosed for consideration and enactment by the Council of the District of Columbia are bills
	11	+	entitled the “Protecting Adjacent and Adjoining Property Owners from Construction
	12	+	Damage Amendment Act of 2024,” the “Protecting Adjacent and Adjoining Property
	13	+	Owners from Construction
	14	+	Damage Temporary Amendment Act of 2024,” and “the
	15	+	Protecting Adjacent and Adjoining Property Owners from Construction Damage
	16	+	Emergency Amendment Act of 2024.” In addition, an accompanying “Protecting Adjacent
	17	+	and Adjoining Property Owners from Construction Damage Emergency Declaration Resolution
	18	+	of 202
	19	+	4” is included in this transmittal.
	20	+	These legislative measures would amend section 6a(a) of the Construction Codes Approval
	21	+	and Amendments Act of 1986, effective April 20, 199 9 (D.C. Law 12-261 ; D.C. Official
	22	+	Code § 6-1405.01(a)), which requires insurance coverage for certain building permits, by
	23	+	adding three types of permits to the current scope of the requirement. Specifically, the
	24	+	additional permits would include: (1) alteration and repair permits pursuant to which the
	25	+	applicant will be engaging in underpinning or related construction activity; (2) foundation
	26	+	permits; and (3) new building permits. This legislation will also clarify legislative
	27	+	requirements to allow the Department of Buildings (DOB) to promulgate rulemaking.
	28	+	I urge the Council to take prompt and favorable action on the enclosed legislation. If you
	29	+	have any questions, please contact Brian Hanlon, Director, DOB, at brian.hanlon@dc.gov or
	30	+	(202)442-8935.
	31	+	Sincerely,
	32	+	Muriel Bowser
	33	+	Enclosures 1
	34	+	2
	35	+	3
	36	+	4
	37	+	5
	38	+	6
	39	+	7
	40	+	8
	41	+	9
	42	+	10
	43	+	11
	44	+	12
	45	+	13
	46	+	A PROPOSED RESOLUTION
	47	+	hairman Phil Mendelson
	48	+	at the request
	49	+	of the Mayor
	50	+	IN THE COUNCIL
	51	+	OF THE DISTRICT OF COLUMBIA
	52	+	14 To declare the existence of an emergency with respect to the need to amend section 6a of the
	53	+	15 Construction Codes Approval and Amendments Act of 1986 to require a property owner,
	54	+	16 contractor, or person applying for certain permits for construction work to demonstrate
	55	+	17 that the person's insurance covers adjacent and adjoining property owners for loss or
	56	+	18 damage that arises out of the proposed construction work.
	57	+	19 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
	58	+	20 resolution may
	59	+	be cited as the "Protecting Adjacent and Adjoining Property Owners
	60	+	21 from Construction Damage Emergency Declaration Resolution of 2024".
	61	+	22 Sec.
	62	+	2. (a) The Protecting Adjacent and Adjoining Property Owners from Construction
	63	+	23 Damage Amendment Act of 2022, effective March 22, 2023 (D.C. Law 24-339; 70 DCR 1575
	64	+	24 ("2022 Act"), requires property owners, contractors, or persons applying for a permit for
	65	+	25 construction work to obtain liability insurance that covers adjacent and adjoining property
	66	+	26 owners for loss or damage arising out
	67	+	of the proposed work.
	68	+	27 (b) The requirements under the 2022 Act are tied to specific types
	69	+	of construction permits
	70	+	28 issued by the Department of Buildings. However, following the enactment of the 2022 Act, the
	71	+	29 Department
	72	+	of Buildings determined that three additional permit types should be included
	73	+	30 because they involve work that has the greatest potential to cause damage or bodily injury to a
	74	+	31 neighboring property or property inhabitants.
	75	+	1 2
2	76
3		-
4		-
5		-
6		-	1
7		-
8		-	A RESOLUTION
9		-
10		-	25-409
11		-
12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	January 9, 2024
15		-
16		-
17		-	To declare the existence of an emergency with respect to the need to amend the Construction
18		-	Codes Approval and Amendments Act of 1986 to require a property owner, contractor, or
19		-	person applying for certain permits for construction work to demonstrate that the person’s
20		-	insurance covers adjacent and adjoining property owners for loss or damage that arises
21		-	out of the proposed construction work.
22		-
23		-	RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
24		-	resolution may be cited as the “Protecting Adjacent and Adjoining Property Owners from
25		-	Construction Damage Emergency Declaration Resolution of 2024”.
26		-
27		-	Sec. 2. (a) The Protecting Adjacent and Adjoining Property Owners from Construction
28		-	Damage Amendment Act of 2022, effective March 22, 2023 (D.C. Law 24-339; 70 DCR 1575)
29		-	(“2022 Act”), requires property owners, contractors, or persons applying for a permit for
30		-	construction work to obtain liability insurance that covers adjacent and adjoining property
31		-	owners for loss or damage arising out of the proposed work.
32		-	(b) The requirements under the 2022 Act are tied to specific types of construction permits
33		-	issued by the Department of Buildings. However, following the enactment of the 2022 Act, the
34		-	Department of Buildings determined that one existing permit requirement should be clarified to
35		-	include when an applicant will be engaging in underpinning and that 3 additional permit types
36		-	should be included because they involve work that has the greatest potential to cause damage or
37		-	bodily injury to a neighboring property or property inhabitants.
38		-	(c) The additional permits are:
39		-	(1) An alteration and repair permit pursuant to which the applicant will be engaged
40		-	in underpinning or certain other types of construction activity;
41		-	(2) A foundation permit; and
42		-	(3) A new building permit.
43		-	(d) Not including these permit types from the required insurance coverage creates a
44		-	significant gap in the protection that the original legislation was designed to provide and should ENROLLED ORIGINAL
45		-
46		-
47		-
48		-
49		-	2
50		-
51		-	be remedied immediately to protect District property owners from significant loss or injury as a
52		-	result of construction activity occurring at a neighboring property.
53		-
54		-	Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute
55		-	emergency circumstances making it necessary that the Protecting Adjoining and Adjacent Property
56		-	Owners from Construction Damage Emergency Amendment Act of 2024 be adopted after a single
57		-	reading.
58		-
59		-	Sec. 4. This resolution shall take effect immediately.
	77	+	(c) The additional permits are: 32
	78	+	(1) An alteration and repair permit pursuant to which the applicant will be engaged 33
	79	+	in underpinning or certain other types of construction activity; 34
	80	+	(2) A foundation permit; and 35
	81	+	(3) A new building permit. 36
	82	+	(d) Not including these permit types from the required insurance coverage creates a 37
	83	+	significant gap in the protection that the original legislation was designed to provide and should 38
	84	+	be remedied immediately to protect District property owners from significant loss or injury as a 39
	85	+	result of construction activity occurring at a neighboring property. 40
	86	+	Sec. 3. The Council of the District of Columbia determines that the circumstances 41
	87	+	enumerated in section 2 constitute emergency circumstances making it necessary that the Protecting 42
	88	+	Adjoining and Adjacent Property Owners from Construction Damage Emergency Amendment Act 43
	89	+	of 2023 be adopted after a single reading. 44
	90	+	Sec. 4. This resolution shall take effect immediately. 45