District of Columbia Administrative Code

3115 TIDAL SHORELINE BUFFER 3115.1 The provisions of this section shall apply for all development on a development site located wholly or partially inside the flood hazard area known as the tidal shoreline buffer. 3115.2 A non-residential space below the tidal shoreline flood ele…

3116 VARIANCES TO THIS CHAPTER 3116.1 An applicant for a permit in the floodplain who is subject to the requirements of this chapter may petition DOEE for a variance from any of the following as applied to the applicant: Regulatory flood elevation determinations, flood hazard are…

3117 CODE MODIFICATIONS TO FLOOD RESISTANT DESIGN PROVISIONS OF THE CONSTRUCTION CODES 3117.1 An applicant seeking a code modification to any provision of the Construction Codes relating to any development on a development site located wholly or partially inside a flood hazard ar…

3118 APPEALS TO DOEE 3118.1 A person adversely affected by a decision made by DOEE under this chapter may appeal the action in accordance with this section. 3118.2 A person adversely affected by a DOEE action may, within fifteen (15) calendar days of the action, appeal the action…

3119 APPEALS TO THE OFFICE OF ADMINISTRATIVE HEARINGS 3119.1 A person adversely affected by a decision of the Director or DOEE under § 3118 may appeal the decision to the Office of Administrative Hearings (OAH) within fifteen (15) calendar days of DOEE’s final decision. 3119.2 Pr…

3120 PENALTIES 3120.1 Any person who violates this chapter and the Construction Codes (DCMR Title 12) will be subject to any applicable penalties in the Construction Codes as well as any applicable penalties provided in this chapter. 3120.2 Violations of the provisions of this ch…

3198 TRANSITION 3198.1 An applicant that has submitted a complete application in accordance with 21 DCMR § 3106 and 12-A DCMR § G104 within thirty (30) days of June 20, 2025 may comply with the previous edition of the Flood Hazard Rules. 3198.2 Applications for which DOEE determi…

3199 DEFINITIONS When used in this chapter, the following words and phrases shall have the meanings ascribed: Accessory Structure – a structure that is: (a) Not used for human habitation; (b) Incidental to a main structure on the premises; and (c) Used only for the parking of veh…

3200 PURPOSE AND SCOPE 3200.1 The purpose of this chapter is to implement Title III of the Air Quality Amendment Act of 2014 (Act), effective September 9, 2014 (D.C. Law 20-135; D.C. Official Code §§ 8-241.01 et seq. 3200.2 This chapter establishes (1) a licensing program for ind…

3201 EXCEPTIONS AND THRESHOLD FOR MOLD PROFESSIONALS 3201.1 This chapter shall not apply to: (a) The following activities when not conducted for the purpose of complying with D.C. Official Code § 8-241.04 (2013 Repl. & 2015 Supp.): (1) Routine cleaning; (2) The diagnosis, repair,…

3202 REQUIREMENTS AND FEES TO OBTAIN A LICENSE 3202.1 Regardless of the exceptions in § 3201, an individual shall not engage in the business of mold assessment or mold remediation without a license issued pursuant to this section. 3202.2 Each individual applying for a license und…

3203 SCOPE OF MOLD LICENSES 3203.1 An indoor mold assessment professional is permitted to: (a) Record visual observations and take on-site measurements, including temperature, humidity, and moisture levels, during an initial or post-remediation mold assessment; (b) Collect sample…

3204 PROHIBITIONS AND LICENSEE OBLIGATIONS 3204.1 An individual shall not perform indoor mold assessment or remediation in the District of Columbia, unless licensed by the Department, or exempted by § 3201. 3204.2 Regardless of the exceptions in § 3201, a person shall not use the…

3205 MINIMUM PERFORMANCE STANDARDS AND WORK PRACTICES FOR LICENSEES 3205.1 Indoor mold assessment professionals shall adhere to the following minimum standards: (a) If an indoor mold assessment professional determines that personal protective equipment should be used during a mol…

3206 MINIMUM WORK GUIDELINES AND REQUIREMENTS FOR NON-LICENSEES: ASSESSMENT 3206.1 In general, an indoor mold assessment professional should be consulted when assessing the extent of a moisture problem, indoor mold growth, and performing other related activities. 3206.2 The follo…

3207 LICENSEE INSURANCE REQUIREMENTS 3207.1 An indoor mold assessment professional shall maintain general liability and errors and omissions insurance coverage of at least one million dollars ($1,000,000) for preliminary and post-remediation mold assessment. 3207.2 An indoor mold…

3208 APPLICANT AND LICENSEE TRAINING REQUIREMENTS 3208.1 Upon the Department’s approval of training organizations, applicants and licensees shall meet the training requirements in this section. 3208.2 The same training performed to obtain and maintain a third-party accreditation …

3209 NOTIFICATION REQUIREMENTS 3209.1 An indoor mold assessment professional shall notify the Department when he or she determines that a property has ten or more square feet (10 ft.2) of indoor mold growth in an affected area, in accordance with the following requirements: The n…

3210 INDOOR MOLD REMEDIATION PROFESSIONAL RECORD-KEEPING REQUIREMENTS 3210.1 An indoor mold remediation professional shall maintain the following records and documents on-site at a project for its duration: (a) A copy of the mold remediation work plan and all mold remediation pro…

3211 INSPECTION 3211.1 The Department may inspect or investigate the business practices of any person that it has reason to believe is licensed in accordance with this chapter, holding themselves out as an indoor mold assessment or remediation professional, or performing work tha…

3212 DENIAL, SUSPENSION, MODIFICATION, OR REVOCATION OF LICENSES 3212.1 The Department shall initiate an action denying, suspending, modifying, or revoking a license by issuing a notice of denial, suspension, modification, or revocation. 3212.2 Except as provided in § 3212.5, the…

3213 ENFORCEMENT AND PENALTIES 3213.1 The Department may enforce a violation of the Act or this chapter by issuing one or more of the following: (a) Notice of Violation; (b) Notice of Infraction; (c) Cease and Desist Order, which shall take effect immediately, or a Compliance Ord…

3250 PROFICIENCY REQUIREMENTS FOR RADON PROFESSIONALS 3250.1 No person or company shall conduct or offer to conduct radon screening, testing or mitigation in the District for a fee unless that person is currently certified as proficient by the American Association of Radon Scient…

3299 DEFINITIONS 3299.1 When used in this chapter or Title III of the Air Quality Amendment Act of 2014, the following words and phrases shall have the meaning as described: Affected – in close proximity, likely impacted from the same source of water intrusion or moisture accumul…

3300 GENERAL 3300.1 This chapter governs lead-based paint hazard elimination and prevention activities in the District of Columbia and implements the Lead Hazard Prevention and Elimination Act of 2008 and the Lead Hazard Prevention and Elimination Amendment Act of 2010 (“the Acts…

3301 PRESUMPTION OF LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS 3301.1 The interior and exterior of dwelling units and child-occupied facilities are presumed to contain lead-based paint if constructed prior to 1978, and any paint that is deteriorated, chipping, peeling, or othe…

3302 LEAD-SAFE WORK PRACTICES: GENERAL 3302.1 Except as provided in § 3303, or if a dwelling unit qualifies as a “lead-free unit” in accordance with either § 3314.5, § 3314.6 or § 3314.7, any individual, firm or entity engaged in an activity that disturbs a painted surface and th…

3303 LEAD-SAFE WORK PRACTICES: EXCEPTIONS 3303.1 The lead-safe work practices in § 3302 are not required for the following: (a) Individuals who perform lead-based paint activities in residences that they own; provided, that the residence is occupied by the owner or by the owner's…

3304 PROHIBITED PRACTICES 3304.1 The practices listed in this subsection are prohibited when performing any lead based paint activity or any renovation activity that disturbs presumed lead-based paint. No individual, firm or business entity shall use: (a) Open flame burning or to…

3305 ACCREDITATION OF TRAINING PROVIDERS 3305.1 A training provider shall be accredited separately for each training and refresher course offered by that training provider. The courses requiring accreditation are those for the following disciplines: lead-based paint inspector, ri…

3306 CERTIFICATION REQUIREMENTS FOR INDIVIDUALS PERFORMING LEAD-BASED PAINT HAZARD IDENTIFICATION AND ELIMINATION ACTIVITIES OR RENOVATION ACTIVITIES: GENERAL 3306.1 Before an individual may perform a lead-based paint activity, clearance examination, or renovation in a dwelling u…

3307 CERTIFICATION OF INDIVIDUALS: SPECIFIC REQUIREMENTS 3307.1 Except as provided in § 3312.1, the following disciplines are required to be certified by DDOE before performing a renovation, a clearance examination, or any lead-based paint activity except for interim controls, in…

3308 CERTIFICATION BY RECIPROCITY 3308.1 Submission of a current, valid certification for any discipline requiring certification under § 3307 that is issued by EPA or another EPA approved state program is sufficient for certification in the District of Columbia if the applicant m…

3309 DUST SAMPLING TECHNICIAN REQUIREMENTS 3309.1 A dust sampling technician shall: (a) Have in their possession at any job site a copy of their DDOE-issued certification card or their EPA-issued certificate; and (b) Comply with the clearance examination requirements under either…

3310 RENOVATION REQUIREMENTS 3310.1 Except as provided in § 3310.3, an individual, firm, or business entity that performs renovation of a residential property or a child-occupied facility built prior to 1978 and that is compensated for those services shall obtain a renovation per…

3311 CERTIFICATION OF BUSINESS ENTITIES PERFORMING LEAD-BASED PAINT ACTIVITIES AND OF FIRMS CONDUCTING RENOVATION ACTIVITIES 3311.1 To become certified, a business entity or a firm shall comply with all applicable requirements of this section before any employee or sub-contractor…

3312 EXCEPTIONS TO THE CERTIFICATION REQUIREMENT 3312.1 The requirement in § 3307.1 that an individual be certified prior to engaging in any lead-based paint activity, does not apply to the following: (a) Individuals who perform lead-based paint activities or renovations in a res…

3313 DISCLOSURE REQUIREMENTS AND TENANT RIGHTS FORM 3313.1 The owner of a dwelling unit constructed before 1978 shall disclose to the purchaser or tenant of the dwelling unit information reasonably known to the owner about the presence of any of the following conditions in the un…

3314 CLEARANCE REQUIREMENTS AT CHANGE IN OCCUPANCY OF RENTAL UNITS 3314.1 Before a change in the occupancy of a residential rental unit and before the execution of a lease, where a prospective occupant household informs the property owner that the household includes a pregnant in…

3315 RISK REDUCTION USING INTERIM CONTROLS 3315.1 Before any individual performs interim controls to eliminate lead-based paint hazards in the District of Columbia such person shall be trained in the lead-safe work practices set forth in § 3302. 3315.2 A certificate of completion…

3316 LEAD-BASED PAINT HAZARD ABATEMENT REQUIREMENTS 3316.1 An individual or business entity shall not commence or perform any abatement activity on any residential property or child-occupied facility without first applying for and receiving an abatement permit from DDOE, except f…

3317 ACCESS TO PROPERTIES 3317.1 DDOE may enter a residence or child-occupied facility between the hours of 7:30 a.m. and 7:30 p.m. if DDOE reasonably believes that activities are being or have been conducted in violation of the Acts or any of these regulations, or upon reasonabl…

3318 NOTICE OF VIOLATION OR NOTICE OF INFRACTION, AND ORDER TO ELIMINATE LEAD-BASED PAINT HAZARDS 3318.1 DDOE may take steps to determine the existence of a lead-based paint hazard whenever DDOE has reason to believe that there is a risk that a lead-based paint hazard is present …

3319 REQUIREMENTS FOR TEMPORARY RELOCATION OF TENANTS 3319.1 A property owner shall take all steps necessary to provide temporary comparable alternative living arrangements for an affected tenant whenever DDOE requires relocation of the tenant due to the presence of lead-based pa…

3320 ENFORCEMENT ACTIONS AND COST REIMBURSEMENT 3320.1 If an owner, individual, firm, or business entity fails to comply with any document issued in accordance with the procedures set forth in § 3318 or violates any other provision of the Acts or this chapter, and such failure is…

3321 NOTICE OF SUSPENSION OR REVOCATION, OR DENIAL OF A PERMIT, ACCREDITATION, OR CERTIFICATION 3321.1 After providing notice and opportunity for a hearing, DDOE may suspend, revoke, modify, or refuse to issue, renew, or restore a permit, certification or accreditation issued to …

3322 FEES FOR CERTIFICATION, PERMITTING, AND ACCREDITATION 3322.1 Initial and renewal certification fees for the disciplines of lead-based paint inspector, risk assessor, abatement supervisor, and lead project designer shall be set at three hundred fifty dollars ($350), for both …

3399 DEFINITIONS 3399.1 When used in this chapter, the following terms shall have the meanings ascribed (some of the definitions were codified in the Acts, thus indicated as [Statutory], and are reprinted below for regulatory efficiency): Abatement – a set of measures, except int…

3400 GENERAL PROVISIONS 3400.1 The D.C. Energy Extension Service (EES) Conservation Demonstration Awards Program (ECDAP) was established with federal funds by the D.C. Office of Energy to encourage local innovative energy conservation outreach activities. 3400.2 Applicants seekin…

3401 APPLICATION PROCESS 3401.1 For the purposes of this program, applications shall be accepted one time per fiscal year. However, if additional funds become available during that same fiscal year, announcements shall be published in the D.C. Register to announce the deadline fo…