District of Columbia Administrative Code

2713 ENFORCEMENT: PENALTIES 2713.1 Any person who is aggrieved by a violation of any provision of the Act may complain to the Metropolitan Police Department which shall enforce the provisions of this Act. 2713.2 Prior to issuing a citation or notice of infraction, the Metropolita…

2714 CIVIL ENFORCEMENT 2714.1 Any person may commence a civil action in a court of competent jurisdiction on his or her own behalf for injunctive relief, to enforce a requirement, or to order the Mayor to perform a non-discretionary act against any person (including the District …

2799 DEFINITIONS 2799.1 When used in Chapters 27 through 29 of this subtitle, the following words or abbreviations shall have the meaning ascribed unless the context indicates a different meaning. Where technical words are not defined, or where questions of interpretation arise r…

2800 MUSICAL INSTRUMENTS, LOUD SPEAKERS, AMPLIFIERS, AND UNAMPLIFIED VOICES 2800.1 Noise resulting from musical instruments, loud speakers, sound amplifier, radio, tape recorder, television, compact disc player, stero system, including those installed in motor vehicles, and unamp…

2801 MECHANICAL EQUIPMENT 2801.1 Noise resulting from mechanical equipment shall not exceed the maximum noise levels contained in this section. 2801.2 Noise resulting from the use or operation of any air-conditioning, refrigerator, heat pump, fan, swimming pool equipment, or othe…

2802 CONSTRUCTION 2802.1 From 7:00 a.m. to 7:00 p.m. on any weekday, noise levels resulting from construction or demolition (excluding pile driver devices) shall not exceed a Leg(1.) of eighty (80) dB(A) unless granted a variance under § 2705 of Chapter 27 of this subtitle. 2802.…

2803 CONSTRUCTION IN RESIDENTIAL ZONES 2803.1 Noise emanating from construction in residential zones shall be prohibited during the hours specified in this section irrespective of its compliance with § 2701 of Chapter 27 of this subtitle. 2803.2 No noise from construction, exclud…

2804 EXPLOSIVES 2804.1 Noise emanating from explosives shall be prohibited during the hours specified in this section irrespective of its compliance with § 2701 of Chapter 27 of this subtitle. 2804.2 No blasting with explosives shall be performed on any Sunday or legal holiday or…

2805 HAWKERS, PEDDLERS, AND VENDORS 2805.1 The shouting and crying of hawkers, peddlers, and vendors shall be prohibited at nighttime on any day of the week, irrespective of its compliance with § 2701 of Chapter 27 of this subtitle. 2805.2 The limitation of § 2805.1 shall not be …

2806 TRASH COLLECTION IN AND ADJACENT TO RESIDENTIAL ZONES 2806.1 Noise emanating from trash collection in any residential, special purpose, or waterfront zone shall be prohibited during the hours specified in this section irrespective of its compliance with § 2701 of this subtit…

2807 VEHICLE-MOUNTED LOUD SPEAKERS 2807.1 Noise emanating from vehicle-mounted sound amplifying equipment, instruments, and transmitting devices shall be prohibited during the hours specified in this section irrespective of its compliance with § 2701 of Chapter 27 of this subtitl…

2808 LEAF BLOWERS 2808.1 (a) Except as provided under § 2808.2, no person shall sell, offer for sale, or use, at any time, a leaf blower in the District of Columbia that has an average sound level exceeding seventy (70) dB(A) at a distance of fifty feet (50 ft.) from the leaf blo…

2809 Vehicle Theft Alarm Systems 2809.1 It shall be unlawful for any person to install, operate, or use any vehicle theft alarm system that emits or causes the emission of an audible sound that is not, or does not become, automatically and completely silenced within five (5) minu…

2810 NEW MOTOR VEHICLES 2810.1 No person shall either sell or offer for sale a new motor vehicle or motorcycle that is to be registered for use upon the public highway that exceeds the maximum noise limits designated in the table of § 2810.2 when measured at a distance of fifty f…

2811 OPERATIONAL LIMITS FOR MOTOR VEHICLES 2811.1 No person shall operate a motorcycle, motor vehicle, or combination of motor vehicles of a type subject to registration under D.C. Code § 40-103 (1990 Repl. Vol.) at any time, or under any condition of grade, load, acceleration, o…

2812 ALTERATION OF MOTOR VEHICLE EXHAUST SYSTEM 2812.1 No person shall modify or alter the exhaust system of a motor vehicle or motorcycle in a manner that will amplify or increase the noise emitted by the vehicle above the level permitted under §2811 of this chapter. 2812 .2 No …

2813 MOTOR VEHICLE INSPECTION 2813.1 The Mayor shall conduct a study to determine the advantages and feasibility of requiring a noise inspection as a part of the annual motor vehicle inspection program. 2813.2 The study required by § 2813.1 shall be submitted to the Council-of th…

2899 DEFINITIONS 2899.1 The meanings ascribed to the definitions appearing in § 2799.1 of Chapter 27 of this subtitle shall apply to the terms in this chapter. AUTHORITY: DC-DCMR Unless otherwise noted, the authority for this chapter is An Act approved January 26, 1887, 24 Stat. …

2900 GENERAL PROVISIONS 2900.1 The purpose of this chapter is to establish standard testing procedures for measuring noise levels as prescribed under the provisions of Chapters 27 and 28 of this subtitle, the D.C. Noise Control Act of 1977 (D.C. Law 2-53, March 23, 1978). 2900.2 …

2901 EQUIPMENT 2901.1 Sound-level meters and microphones shall meet Type II specifications per ANSI S1.4-1971. 2901.2 Each sound-level meter shall be qualified annually. 2901.3 Each sound-level meter and microphone device shall meet the following specifications: (a) External cali…

2902 SOUND LEVEL METER CALIBRATION 2902.1 A battery check shall be performed immediately before and after a series of measurements at each test site. 2902.2 An external calibration shall be made immediately before a series of measurements at each test site and, if necessary, the …

2903 EQUIPMENT SETTINGS 2903.1 In measuring impulsive or rapidly fluctuating noise, the following procedures shall be followed: (a) A windscreen shall be used for all outdoor measurements; (b) The "C" scale shall be used on the sound level meter; (c) The attenuator shall be set s…

2904 MEASUREMENT LOCATIONS 2904.1 Measurements shall be taken at the following locations: (a) At the property line of the property on which the noise source is located, or as close as practicable if there is an obstruction; (b) At a distance of one (1) meter from any musical inst…

2905 MEASUREMENT PROCEDURES 2905.1 Unless impracticable, earphones shall be used occasionally while noise measurements are being taken as a periodic check to ensure that the meter is responding properly to the noise source being monitored. 2905.2 In the case of steady (including …

2906 DATA AND REPORTS 2906.1 The operator shall be required to fill out all pertinent information on the noise data form for field measurements. 2906.2 For each set of readings, the following information shall be required: (a) Date, time, location, operator's name; (b) Wind speed…

2999 DEFINITIONS 2999.1 The meanings ascribed to the definitions appearing in § 2799.1 of Chapter 27 of this subtitle shall apply to the terms in this chapter. 2999.2 In addition to the definitions cited in Chapter 27, the following words shall have the meaning ascribed: Ambient …

300 APPLICABILITY 300.1 Except as exempted from the requirement to obtain a permit under § 300.3 and elsewhere herein, the following sources shall be subject to the permitting requirements under this chapter: (a) Any major source; (b) Any source, including an area source, subject…

301 PERMIT APPLICATIONS 301.1 For each Part 70 source, a timely and complete permit application shall be submitted by the owner or operator, and reviewed by the Department, in accordance with the following: (a) A timely application shall be submitted under the following condition…

302 PERMIT CONTENT 302.1 Except as provided for in § 300.3(b), every permit issued under these operating permit rules shall include all applicable requirements that apply to the permitted source at the time of issuance. Each permit shall include the following elements: (a) The pe…

303 PERMIT ISSUANCE, RENEWAL, REOPENINGS, AND REVISIONS 303.1 The following criteria shall be used in the processing of a permit application: (a) A permit, permit modification, or permit renewal may be issued only if all of the following conditions have been met: (1) The Departme…

304 PERMIT REVIEW BY THE ADMINISTRATOR AND AFFECTED STATES 304.1 The transmission of information to the Administrator shall be accomplished as follows: (a) Unless the Administrator waives this requirement, the Mayor shall provide to the Administrator a copy of each permit applica…

305 FEES 305.1 Owners or operators of Part 70 sources shall pay a permit application fee (original and renewal applications) based on the total tons of potential emissions of each regulated pollutant (for presumptive fee calculation purposes) according to the schedule in the foll…

306 ACID RAIN PROGRAM 306.1 The requirements of 40 CFR parts 72 and 75, as in effect on September 30, 1997, are hereby adopted by reference for purposes of implementing an acid rain program that meets the requirements of title IV of the Clean Air Act, with the terms used and defi…

307 ENFORCEMENT FOR SEVERE OZONE NONATTAINMENT AREAS 307.1 Pursuant to Section 182 (d) of the federal Clean Air Act, 42 U.S.C. 7511a, if the United States Environmental Protection Agency ("EPA") determines that the District of Columbia has failed to attain the national primary am…

399 DEFINITIONS AND ABBREVIATIONS 399.1 When used in this chapter, the following definitions shall apply to this chapter. Except as specifically provided in this section, terms used in this chapter retain the meaning ascribed under the applicable requirements of the Act. Acid Rai…

3100 PURPOSE 3100.1 This chapter and the flood-resistant construction provisions of the District of Columbia Construction Codes (together referred to as the Floodplain Management Regulations) promote public health, safety, and general welfare, and minimize public and private loss…

3101 APPLICABILITY OF FLOOD HAZARD RULES 3101.1 This Chapter shall apply to all flood hazard areas within the jurisdiction of the District of Columbia (the District) as designated by the District or in the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) for the Di…

3102 ADMINISTRATIVE ROLES AND RESPONSIBILITIES 3102.1 The Director of DOEE, or the Director’s designee, is designated as the Floodplain Administrator. 3102.2 The duties and responsibilities of the Floodplain Administrator shall include: Coordinating the review and approval proces…

3103 [RESERVED] SOURCE: Final Rulemaking published at 32 DCR 6547, 6548 (November 15, 1985); as amended by Final Rulemaking published at 35 DCR 962 (February 12, 1988); as amended by Notice of Final Rulemaking published at 57 DCR 10767 (November 19, 2010); as amended by Final Rul…

3104 [RESERVED] SOURCE: Final Rulemaking published at 32 DCR 6547, 6551 (November 15, 1985); as amended by Final Rulemaking published at 35 DCR 962, 963 (February 12, 1988); as amended by Notice of Final Rulemaking published at 57 DCR 10767 (November 19, 2010); as amended by Fina…

3105 FEES 3105.1 An applicant requesting DOEE review and approval related to development on a development site located wholly or partially inside a flood hazard area shall first obtain a DOB permit number and pay the fees for DOEE services as shown in Tables 1 through 6. No permi…

3106 PERMIT APPLICATION PROCEDURES AND REQUIREMENTS 3106.1 In any flood hazard area, a permit issued by DOB shall be required for all new construction, substantial improvement, or development. A permit for any development on a development site located wholly or partially inside a…

3107 DESIGN FLOOD ELEVATIONS (DFEs) 3107.1 DFEs must be identified for all development on a development site located wholly or partially inside a flood hazard area. Applicants may voluntarily design their project to be elevated or protected at a height above the DFEs required in …

3108 GENERAL TECHNICAL PROVISIONS 3108.1 Utilities and Finishes. The applicant shall apply the following minimum standards to all proposed development on a development site located wholly or partially inside a flood hazard area: Installation or replacement of any electrical syste…

3109 RESIDENTIAL STRUCTURES 3109.1 Lowest Floor Height. For the new construction or substantial improvement of residential structures wholly or partially inside the flood hazard areas specified in § 3101.2(a), the lowest floor (including the basement, parking garage, and any anci…

3110 NONRESIDENTIAL STRUCTURES 3110.1 Lowest Floor Height. For the new construction or substantial improvement of non-residential structures wholly or partially inside flood hazard areas, the lowest floor (including the basement) either shall be at least the height of the DFE or …

3111 MIXED-USE BUILDINGS 3111.1 Lowest Floor Height. The lowest floor (including basement or underground parking garage) of any new construction or substantial improvement of a mixed-use building located on a development site wholly or partially inside a flood hazard area shall e…

3112 COVENANTS AND AGREEMENTS 3112.1 The owner of each lot and parcel on which substantial improvement or new construction of a residential, mixed-use, or nonresidential structure is located wholly or partially inside a flood hazard area shall record with the Office of the Record…

3113 CRITICAL FACILITIES 3113.1 In addition to all other applicable provisions of this chapter, new construction of critical facilities or substantial improvement of existing critical facilities in the flood hazard areas shall comply with the additional requirements described in …

3114 HAZARDOUS AND BUOYANT MATERIALS STORAGE AND EMERGENCY PLANS 3114.1 Any proposed development on a development site that is located wholly or partially inside a flood hazard area and involves a facility that produces, stores, or disposes of hazardous materials shall be conside…