| 2008 Construction Code Session Follow-Up Information
The Department of Consumer and Regulatory Affairs (DCRA) would like to thank you for participating in our 2008 Construction Code session at the National Press Club. We hope the information provided was useful and we look forward to working with each one of you in the near future. We have included highlights from the presentation and, as promised, answers to the questions you submitted.
Below is the information discussed during the presentation, links to other vital information, as well as answers to all of your questions.
Presentation Materials
Highlights of Code Changes
Filing Fee
In the 2008 DCMR 12, the filing fee shall now be 50 percent of permit fee up to a max of $20,000. There is no grace period on this change; this is currently in effect. The 2003 DCMR 12 stated the formula for a filing fee is one percent of estimated construction cost to a max of $2,000.
Exemptions from Permits
The following items identified as exempted from a building permit in the 2003 codes were deleted from the 2008 DCMR 12. In the DCMR 2008, permits are now required for:
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Less than 50 linear feet of piping of storm drainage system;
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Less than 10 linear feet of piping sanitary drainage system;
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Less than 20 linear feet of piping of sanitary venting piping system;
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Less than 50 linear feet of piping of a hydronic system;
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Erecting Motion picture sets and scenery; and,
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Prefab swimming pools have been revised to decrease exempted size from 5k gallons to 1k gallons.
Address Protocol
Section 124.0 was created as an addition to Section 118-A of DCMR 12 which addresses street numbering, addresses of structures, building and premises. The new Section 124.0 identifies protocols for the naming of new private streets, the addressing structure, street numbering, how addresses are created and requirements for approvals of new addresses such as an address comprising of a specific street name cannot be issued to a building when the main entrance does not front on that specific street.
Covenants
Covenants are required to be filed at the Recorder of Deeds when there is a designed opening on the property line. The 2003 DCMR Section 106.6.2 titled Covenants for opening on property lines requires a covenant to be recorded with The Recorder of Deeds before the issuance of the Certificate of Occupancy. This requirement was changed in 2008 in a new Section 704.8.3.6 to state the covenant must be recorded prior to the issuance of a building permit.
Transition Rule
Section 123.1.1 provides allowance and/or authorization for the continued use of any existing valid permit issued prior to the adoption of DCMR 12 2008 on December 26, 2008. This also includes existing filed applications prior to the 2008 code adoption. To provide some clarity, to establish what is existing, a filing fee must have been paid prior to 12/26/08, or a contract signed to design a structure prior to the code adoption date. Applicants have a grace period of one year to use the previous code. After December 26, 2009, you will not be eligible to submit your plans and application under the 2003 DCMR 12.
Exception to the Installation of Standpipe Systems
This is a newly created section in the 2008 DCMR that provides an exception where the residual pressure of 100 PSI for 2.5 hose connection and 65 PSI for 1.5 hose connection will not be required to be greater than 65 PSI in either case in buildings equipped with automatic sprinkler system and where the highest floor level is not greater than 150 feet from the level of fire vehicle access.
Sprinkle Systems in 1 & 2 Family Dwellings
There is a new adopted section AP 101 in the IRC, identified in appendix P of the DCMR 12 2008. Where an approved automatic fire sprinkler system shall be installed in new one and two family dwellings and townhouses in accordance with 903.3.1.of the IRC.
Location of Main Zoning Annunciator Panel
A zoning annunciator panel and associated controls shall be provided in an approved location that is at the main entrance readily discernable and readily accessible to the responding fire department. The section also provides other criteria for remote panels which are required to be placed at each fire department entrance. DCMR 12 907.8.1.1
Fire Command Center
The fire Command Center shall have an exterior entrance on the street of the building address and shall be conspicuously located near the main entrance at a location approved by the code official.
Command Center shall be separated from the remainder of the building by not less than a 1 hour fire rated barrier. The room shall have a main aisle width of 48-inches in front of all equipment panels. DCMR 12 9111.1
Plumbing
The below chart shows the new maximum flow rates as required in the 2008 DCMR 12 vs. 2006 IRC.
Maximum Water Flow Rate - Residential
| Water Closet |
1.6 gallons per flush |
1.28 gallons per flush |
| Sink Faucet |
2.2 gallons per minute at 60 PSI |
1.5 gallons per minute at 60 PSI |
| Lavatory Faucet |
2.2 gallons per minute at 60 PSI |
2.2 gallons per minute at 60 PSI |
| Shower Head |
2.5 gallons per minute at 80 PSI |
1.5 gallons per minute at 80 PSI |
Maximum Water Flow Rate - Commercial
| Water Closet |
1.6 gallons per flush |
1.6 gallons per flush |
| Sink Faucet |
1.6 gallons per minute at 60 PSI |
1.28 gallons per minute at 60 PSI |
| Lavatory Faucet |
1.0 gallons per minute at 60 PSI |
0.5 gallons per minute at 60 PSI |
| Shower Head |
2.5 gallons per minute at 80 PSI |
2.0 gallons per minute at 80 PSI |
Elevator Lobby Doors
The IBC 2006 was amended to add the Section 1008.1.8.7 in the DCMR 2008 titled Elevator Lobby Doors. This section permits exit access doors in the elevator lobby serving a single office occupancy when there is an approved egress access control system and the building is fully sprinklered; the elevator lobby doors can unlock with loss of power; a visible manual unlocking device is installed; an activated fire alarm system or sprinkler system will automatically unlock the doors and if a manual fire alarm system is provided and located within the elevator lobby.
Means of Egress
The section 1008.1.8.7 titled Stairway Doors in the IBC was amended in the DCMR Title 12 where it provided an additional exception in the DCMR 2008 for buildings 5 or more stories in height including existing buildings without a fire command center complying with Section 911 (features of a fire command center). Doors are permitted to be locked from the side opposite the egress side provided they are unlocked without unlatching upon activation of the buildings fire alarm system and the stairway is provided with a telephone or other two way communication system.
Remoteness of Travel Distance
The section Two exits or exit access doorways was deleted in its entirety from the 2006 IBC and was amended in the 2008 DCMR 12. to address the remoteness of travel distance where the IBC allows the exit access doorways to be placed a distance apart equal to not less than one-half of the length of the maximum over all diagonal dimension of the building or area to be served, measured in a straight line between exit doors. The DCMR 2008 reduced the measurement from a one-half to one-quarter of the diagonal dimension.
DCMR & IBC 1015.2.1
QUESTIONS & ANSWERS
Construction Code Questions
Q. As regards the grace period for designing to the DC 2008 code, is it tied to the dates of a signed design contract or permit filing? Do you have to have signed design contract or have filed for a permit before December 26, 2008?
A. The grace period is tied to both the signed contract and/or the date of the filing fee paid. This must have taken place prior to December 26, 2008.
Q. Are the changes to the code discussed in the DCBIA training (including address, covenants) applicable to all projects, even those that are governed by the 2003 codes?
A. The addresses and covenants do fall within the grace period of December 26, 2008 through December 26, 2009.
Q. Are there any changes to the structural certification process (for permitting)? At what level of document completion is the structural certification letter required to grant building permit (based on the 35 percent, 65 percent, and 100 percent) levels?
A. There are no changes to the structural certification form or process. In addition, you are required to submit the structural certification form at submission of the permit application and plans.
Q. What are the energy efficiency standards for buildings?
A. The energy standard for all buildings except low-rise residential buildings is ASHRAE 90.1 – 2007; Ref. Sections 501.1, 501.2, 502.1.1, Table 502.2(2). For low-rise residential buildings the “30 Percent Solution” is used.
Q. What edition of the National Electrical Code (what year) has been adopted with the current ICC codes. We were previously using the 1996 National Electrical Code.
A. The 2008 DCMR 12, effective December 26, 2008 references the 2005 National Electrical Code.
Q. What are “sets and scenery”?
A. “Sets” and “scenery” for movie sets are currently exempted from the DCMR 2003, this means the 2008 DCMR 12 section 105.2 will not identify this item as an exemption. You are currently required to obtain a permit for temporary movie set, scenery, and stages according to the IBC 2006 Section 410.3.6.
Q. If there is a change in the sprinkler permit requirements subsequent to the issuing of the original building permit, will the change in the code be applied to a later sprinkler permit application?
A. A change in the sprinkler permit requirements subsequent to the original building permit being issued will apply to the standards required for a later sprinkler permit application.
Q. If an application for a new address was approved in 2007, but the building will not be constructed until 2013, is the granted address still valid, or must the owner now resubmit an application for the new address?
A. Assigned addresses will not expire. An address issued in 2007 is still valid in 2013.
Q. Given the economic environment, if a job is already under way in DCRA, how long and can extensions be considered for extending specified expiration dates?
A. Issued permits are good for one year with a three to six months renewal period. In summation, an issued construction permit is good for 2.5 years, unless changed by the code official.
Q. Are the changes to the code discussed in the DCBIA training (including address, covenants) applicable to all projects, even those that are governed by the 2003 codes?
A. The addresses and covenants do fall within the grace period of December 26, 2008 through December 26, 2009. The current requirements are currently forced.
Q. Is there a change in the 2008 Code for bringing gas pipes to supply a commercial or multifamily building with an emergency generator with and without other gas equipment on site? Will the Generator require a separate gas service or split system?
A. There has been no change to the code with respect to emergency generators that depends on a public utility gas system for their fuel supply, if there is a low probability of simultaneous failure of both the off site fuel delivery system and the outside electric utility company. The governing code is the National Electric Code (NEC), now 2005 edition vs. 1996 edition. A separate gas service vs. a split system is a design decision which ultimately must reduce the probability for failure.
Q. If a building permit is issued under 2003 Code, but the sprinkler permit is not issued until 2009, will 100 PSI or 65 PSI be required at the top of riser for 2 1/2 FHV?
A. In both cases the residual pressure at the top of the riser for a 21/2 in. FHV is required to be 100 psi. However if the highest floor level is not more the 150 feet above the lowest level of fire department vehicle access, the residual pressure may be reduced to 65 psi. because the building is sprinkled.
Q. Is there a requirement to have a separate elevator lobby in high-rise buildings over 4 stories tall?
A. A separate elevator lobby is required in an unsprinklered building where the elevator shaft connects four or more stories.
Q. In highrise multi-family residential buildings, what are the requirements/limitations for rooftop built-in gas grills and/or portable or fixed fire pits at a terrace for use by occupants and their guests?
A. The requirements for rooftop terrace gas grills are that units with tanks are not allowed. If gas supply is piped, the installation must be per the construction codes, the manufacturer's guidelines and the grill must be outside of 10 ft of combustibles. Fire pits must follow the same guidelines in addition to the international fire codes with respect to open flames.
Third Party Questions
Q. Will the new Third Party Inspections Program applications be accepted? If so, if a new application was submitted in 2007, will another application need to be submitted when the final 2009 manual has been released?A. A new Third Party Inspection Program application is required. If an application was submitted in 2007, a new application will be required. DCRA will post the application once details on the program are finalized at dcra.dc.gov.
Construction Code Coordinating Board (CCCB) Questions
Q. Do volunteers for the CCCB need to be DC residents?
A. Volunteers for the CCCB board are not required to be DC residents. However there is a requirement that at least 50 percent of the CCCB board is made up of DC residents.
Q. Can third party code officials be considered for seats on the CCCB board?
A. Seats on the CCCB board are allotted at the discretion of the Mayor of the District. At this time the requisite number of ‘code officials’ has been seated.
Green Building Act Expedited Permit Information
Q. Do green requirements for commercial projects of 50k sq ft apply to tenant improvement retrofits?
A. Tenant improvements which can be considered a substantial rehabilitation, as defined in the building code, do have to follow requirements of the Green Building Act.
Q. Does the requirement of LEED silver for projects of 50,000 square feet include interior projects as well as base buildings?
Substantial rehabilitation, as defined in the building code, do have to follow requirements of the Green Building Act.
Q. Is the 50,000 square foot (LEED Silver requirement) coming in 2012 for new construction only or does this apply to renovations as well?
Substantial rehabilitation, as defined in the building code, do have to follow requirements of the Green Building Act.
Q. Will buildings be required to be LEED certified by USGBC; or just show a LEED scorecard showing that it could be certified if submitted?
A. Any property that is required to under the Green Building Act be certified must get their certification through the USGBC commissioning process.
Q. Since LEED is proprietary to USGBC, is it DC’s intention to endorse the USGBC system or to accept an alternate rating system (equivalent level of Green)?
Applicants can use alternative green rating systems to meet their obligations under the Green Building Act. They must receive approval from the Green Building Advisory Council for clearance of the alternate system.
Q. Can 3rd party be used for Green Building?
A. No. We do anticipate having third-party reviewers certified by DCRA in the future.
Q. Does the 30-day guarantee include DDOT, WASA, etc?
A. Yes. The 30 day guarantee includes all sister agency reviews assuming the applicant followed all requirements of the expedited review program.
Q. Will the new LEED rating systems be incorporated into the codes? And are the reviewers prepared to review projects for the two different rating systems?
That decision will be made by the new Construction Code Coordinating Board (CCCB) through the amendment process of the 2008 DCMR. Our reviewers are prepared to review to both systems.
ICC Code Books Information
Q. Where can I buy the International Code Council (ICC) books referred to in the 2008 DCMR 12?
A. All the ICC code books and the referenced National Electrical Code book are available from the ICC Store: Telephone 1-800-786-4452 or on online at www.iccsafe.org.
Archived Information
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