District of Columbia Administrative Code

2503 OPERATOR CERTIFICATION 2503.1 Only certified operators shall operate the CCTV system. 2503.2 All operators of the CCTV systems shall sign a certification that they have read and understand the CCTV regulations and acknowledge the potential criminal and/or administrative sanc…

2504 ACTIVATION AND USAGE 2504.1 Except for demonstration purposes and exigent circumstances, members of MPD shall receive written authorization from the Chief of Police prior to activating the CCTV system. 2504.2 Every system activation shall be documented. MPD personnel will re…

2505 AUTHORIZATION TO RECORD AND RETAIN RECORDINGS 2505.1 Except in exigent circumstances or when recording is being done pursuant to a court order, the Chief of Police shall issue written authorization prior to recording any CCTV feed. 2505.2 Every recording shall be documented.…

2506 MAINTENANCE 2506.1 MPD shall be responsible for the safekeeping, maintenance and servicing of MPD equipment (e.g., cameras, cables, monitors, recorders, etc.). SOURCE: Final Rulemaking published at 49 DCR 11443 (December 20, 2002). District of Columbia Municipal Regulations …

2507 AUDITS 2507.1 MPD's Office of Professional Responsibility will conduct periodic audits, at least quarterly, to ensure compliance with these regulations. 2507.2 The audits conducted pursuant to § 2507.1 shall be provided to the Mayor and the Council of the District of Columbi…

2508 USE OF CCTV TO COMBAT CRIME 2508.1 The Chief of Police is authorized to use the CCTV system for the purpose of preventing, detecting, deterring, and investigating crime in neighborhoods in the District of Columbia. 2508.2 The Chief of Police shall, at a minimum, consider the…

2599 DEFINITIONS 2599.1 When used in this chapter, the following words and phrases shall have the meanings ascribed: ANC - Advisory Neighborhood Commission. Chief of Police - The Chief of Police or his or her designee. Closed Circuit Television or CCTV - Any live video link that …

2600 ULTRA-HAZARDOUS MATERIALS TRANSPORT PERMIT 2600.1 Except as provided in § 2600.4, no carrier shall move a rail car or motor vehicle containing any of the following within the Capitol Exclusion Zone without an Ultra-Hazardous Materials Transport Permit issued by the Departmen…

2601 ULTRA-HAZARDOUS MATERIALS TRANSPORT PERMIT APPLICATION PROCEDURES 2601.1 The carrier shall complete a permit application for an Ultra-Hazardous Materials Transport Permit provided by the Public Space Management Administration. 2601.2 In addition to such other information as …

2602 ENFORCEMENT AND ADJUDICATION 2602.1 An enforcement action for any violation of the Act, this chapter, or any condition of an Ultra-Hazardous Materials Transport Permit shall be commenced with a written Notice of Violation (NOV) issued to any person deemed appropriate by the …

2603 SCHEDULE OF FINES 2603.1 Any person found in violation of the Act, this chapter, or any condition of an Ultra-Hazardous Materials Transport Permit shall be subject to penalties in accordance with the following schedule: (a) First offense: Ten thousand dollars ($10,000); (b) …

2604 APPLICABILITY 2604.1 Beginning on April 11, 2005, this chapter shall apply to carriers who own locomotives used in providing transportation of ultra-hazardous materials. 2604.2 This chapter shall not apply to a carrier who owns a motor vehicle (excluding the trailer) used in…

2699 DEFINITIONS 2699.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed below: Act - the Terrorism Prevention in Hazardous Materials Transportation Temporary Act of 2005, effective May 14, 2005 (D.C. Law 16-2), or any substantially iden…

2700 AUTHORITY AND PURPOSE 2700.1 The purpose of this chapter is to provide rules within the Metropolitan Police Department (MPD) pursuant to section 208(a) of the Police Investigations Concerning First Amendment Act of 2004 (Act) (2006 Supp.), effective April 13, 2005 (D.C. Law …

2701 STATEMENT OF POLICY 2701.1 The District of Columbia is often the site of demonstrations and MPD must be prepared to deal with those groups and individuals that come not to exercise their Constitutional rights, but rather to engage in criminal acts under the guise of First Am…

2702 GENERAL PRINCIPLES 2702.1 To prevent criminal activity conducted under the guise of First Amendment activities and criminal acts of civil disobedience threatening public safety or the security of the city, MPD must, at times, initiate investigations in advance of unlawful co…

2703 LEVELS OF INVESTIGATION 2703.1 There are two levels of investigative activity: Preliminary Inquiry and Full Investigation. 2703.2 The levels are intended to provide MPD with the necessary flexibility to act in advance of the commission of any criminal activity threatening pu…

2704 PRELIMINARY INQUIRIES 2704.1 Preliminary inquiries occur where MPD receives information or an allegation not warranting an investigation because there is not yet "reasonable suspicion" of any criminal activity. 2704.2 MPD may initiate preliminary inquiries in response to inf…

2705 FULL INVESTIGATIONS 2705.1 A full investigation may be initiated when there is reasonable suspicion to believe that the persons, groups, or organizations to be investigated are planning or engaged in criminal activity that would threaten public safety or the security of the …

2706 INVESTIGATIVE TECHNIQUES 2706.1 Nothing in these rules shall be interpreted as prohibiting any MPD member, in the course of his or her duties, from visiting any place, and attending any event that is open to the public, or reviewing information that is in the public domain, …

2707 FILES AND RECORDS 2707.1 The Chief of Police or designee shall evaluate information to be retained in an Intelligence Section file for the reliability of the source of the information and the validity and accuracy of the content of the information prior to filing. The file s…

2708 PROTECTION OF PRIVACY AND OTHER LIMITATIONS 2708.1 The law enforcement activities authorized by these rules do not include maintaining files on individuals solely for the purpose of monitoring activities protected by the First Amendment or the lawful exercise of any other ri…

2709 TRAINING 2709.1 MPD shall require all members assigned to the Intelligence Section, Intelligence Fusion Division, to attend training on the Police Investigations Concerning First Amendment Act of 2004 and the rules promulgated to implement the Act. 2709.2 MPD shall require a…

2710 MONITORING OF INVESTIGATIONS AND PRELIMINARY INQUIRIES 2710.1 The Executive Director, Intelligence Fusion Division, or a commanding officer of similar rank designated in the MPD regulations, including the Watch Commander for the Intelligence Fusion Division (who possesses th…

2799 DEFINITIONS 2799.1 When used in this chapter, the following words and phrases shall have the meanings ascribed: "First Amendment activities" means constitutionally protected speech or association, or conduct related to freedom of speech, free exercise of religion, freedom of…

300 APPLICABILITY 300.1 This chapter shall apply to all sidewalk cafés and shall supplement Chapter 2 of this title and the provisions of D.C. Law 4-148, "The Enclosed Sidewalk Café Act of 1982," as amended (also referred to in this chapter as "the Act"). 300.2 A person granted a…

301 GENERAL REQUIREMENTS 301.1 No person shall construct or operate a sidewalk cafe except when authorized by the Public Space Committee. 301.2 No person shall operate a sidewalk cafe until issued a Sidewalk Cafe Permit and a Certificate of Use, except as otherwise provided in th…

302 AUTHORITY TO ISSUE REQUIRED PERMITS 302.1 The Director of the Department of Regulatory and Consumer Affairs is authorized to issue a Sidewalk Café Permit and a Certificate of Use pursuant to the requirements of this chapter. 302.2 A Sidewalk Café Permit shall be issued when t…

303 APPLICATION PROCEDURES FOR A SIDEWALK CAFE PERMIT 303.1 In the case of an unenclosed sidewalk cafe, the applicant shall file for a Sidewalk Café Permit. 303.2 Pursuant to the provisions of the Act, each applicant for a permit for an enclosed sidewalk cafe shall file for a Sid…

304 REVIEW OF SIDEWALK CAFÉ PERMIT APPLICATION 304.1 Prior to the Public Space Committee review of the application, the application shall be reviewed for compliance with all applicable laws, regulations, rules, and Mayor's orders by the agencies and persons listed in this section…

305 PUBLIC SPACE COMMITTEE REVIEW OF SIDEWALK CAFÉ PERMIT 305.1 Within five (5) days of the satisfaction of the requirements of § 304, the Director of Consumer and Regulatory Affairs shall forward the application, the plan, and all received comments to the Chairperson of the Publ…

306 CERTIFICATE OF USE 306.1 Except as provided in § 306.2, within six (6) months of the issuance of a Sidewalk Café Permit, the applicant shall apply to the Director of Consumer and Regulatory Affairs for a Certificate of Use. 306.2 A person granted a sidewalk café permit prior …

307 EXPIRATION OF SIDEWALK CAFÉ PERMITS 307.1 A Sidewalk Café Permit shall automatically expire if the construction of the proposed café is not commenced within ninety (90) days from the date of the issuance of the Sidewalk Café Permit. 307.2 An applicant may request that the Dir…

308 REVOCATION OF SIDEWALK CAFÉ PERMITS 308.1 A Sidewalk Café Permit and a Certificate of Use may and can be revoked at any time by the Director of Consumer and Regulatory Affairs upon the request of the Public Space Committee or the Director, for any one (1) of the following rea…

310 GENERAL STANDARDS FOR ALL SIDEWALK CAFÉS 310.1 All sidewalk cafes shall be classified as a Group F2 Assembly as defined in § 202.7 of the D.C. Building Code, and shall comply with all applicable requirements of § 202.7 of the D.C. Building Code. 310.2 All electrical appliance…

311 SIDEWALK LOCATIONAL CRITERIA 311.1 The clear sidewalk space shall be measured from the farthest extended portion of the sidewalk café frontage to the curb line or the nearest obstruction, whichever is nearest to the sidewalk café. 311.2 Recesses in the sidewalk café frontage …

312 PHYSICAL CRITERIA FOR SIDEWALK CAFÉS 312.1 No portion of a sidewalk café, including, but not limited to, doors, windows, walls, or any other objects designed as part of a sidewalk café or placed within a sidewalk café, shall swing or project beyond the designated exterior per…

313 LIFE AND FIRE SAFETY STANDARDS 313.1 When a sidewalk café or the adjacent restaurant is occupied, no exit door shall be locked, bolted, or otherwise fastened or obstructed so that the door is unable to be opened from the inside. 313.2 Chairs and tables shall be arranged so as…

314 SANITATION STANDARDS 314.1 If food service is to be provided within a sidewalk café, the provisions of this section shall be followed. 314.2 A waiter, waitress, or an attendant shall be assigned to the sidewalk café for maintenance purposes at all times the sidewalk café is o…

315 SPECIAL STANDARDS FOR UNENCLOSED SIDEWALK CAFÉS 315.1 Unenclosed sidewalk cafés shall comply with the provisions of this section and §§ 310, 311, 312, 313, and 314, Chapter 2 of this title, the Act, and all other applicable District laws and regulations. 315.2 The awning, can…

316 SPECIAL STANDARDS FOR ENCLOSED SIDEWALK CAFÉS 316.1 Enclosed sidewalk cafés shall comply with the provisions of this section and §§ 311, 312, 313, 314, and 317, Chapter 2 of this title, the Act, and all other applicable District laws, rules, and regulations. 316.2 Walls and o…

317 PROCEDURE FOR WAIVER OR MODIFICATION OF STANDARDS 317.1 Pursuant to the provisions of this section, and except as required pursuant to § 317.2, the Public Space Committee, in its discretion, may waive or modify any provision of §§ 310.4, 312.1(d), 312.2, 312.3, 312.4, 312.5, …

399 DEFINITIONS 399.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed, unless the text or context of the particular section, subsection, or paragraph provides otherwise: Act - the "Enclosed Sidewalk Cafe Act of 1982," effective Septembe…

3000 GENERAL PROVISIONS 3000.1 The provisions of this chapter shall apply to all diving operations for the purpose of safeguarding the wage earners on these operations. 3000.2 In general, the provisions of this chapter cover only items and operations that are peculiar to diving o…

3001 VARIANCES 3001.1 The Board may, upon written application of any employer affected by the provisions of this chapter, permit a variance from any provision if the Board finds that the application of the provision would result in exceptional or undue hardship in performing the …

3002 ACCIDENTS AND INJURIES 3002.1 Each employer shall investigate, or cause to be investigated, every accidental injury that his or her employees suffer in connection with their employment to determine the means that should be taken to prevent a recurrence of similar accidents. …

3003 GENERAL DIVING PRECAUTIONS 3003.1 A diver experienced in the type of diving being performed shall be in complete charge of the operation as it relates to diving. This person shall be known as the "diving master." 3003.2 Duties of the diving master shall include, but not be l…

3004 DIVING IN POLLUTED WATER 3004.1 Whenever a diver dives in polluted waters using a suit and helmet (deep sea or hard hat equipment), the following precautions shall be taken: (a) Avoid taking in water through the spit cock or by other means; (b) Hose the diver off when he or …

3005 DECOMPRESSION 3005.1 Divers shall use the latest available U.S. Navy Standard Air Decompression Tables and other appropriate U.S. Navy diving tables for decompressions and repetitive dive decompressions. 3005.2 A recompression chamber that meets the requirements of the most …