3305. HOUSING INSPECTION DIVISION INFRACTIONS

3305 HOUSING INSPECTION DIVISION INFRACTIONS 3305.1 Violation of the following provision shall be a Class 1 infraction: (a) Any flagrant, fraudulent, or willful violation by a housing provider of any of the Housing Regulations, Title 14 DCMR, that constitutes an imminent danger to the health or safety of any tenant or occupant of a housing unit or housing accommodation, or that imminently endangers the health, safety or welfare of the surrounding community including, but not limited to, the interruption of electrical, heat, gas, water, or other essential services when the interruption results from other than natural causes; (b) Section 1 of An Act To authorize the Commissioners of the District of Columbia to remove dangerous or unsafe buildings and parts thereof, approved March 1, 1899 (41 Stat. 1218; D.C. Official Code § 6-801) (failure to secure or repair an unsafe structure); (c) Section 3 of An Act To authorize the Commissioners of the District of Columbia to remove dangerous or unsafe buildings and parts thereof, (D.C. Official Code § 6-803) (attempting to repair after expiration of allowed period, or interfering with authorized agents); (d) Section 4 of An Act To authorize the Commissioners of the District of Columbia to remove dangerous or unsafe buildings and parts thereof, (D.C. Official Code § 6-804) (allowing a nuisance to exist on any lot or parcel of land in the District of Columbia which affects the public health, comfort, safety and welfare of citizens); (e) 14 DCMR § 103.2 (removal of placard by an unauthorized person); (f) 14 DCMR § 402.4 (permitting a sleeping facility to be located in a room with a furnace, open flame, space heater, domestic water heater, or gas meter); (g) 14 DCMR § 404.4 (failure to obtain a permit for building alterations and conform to requirements of the International Code Council (ICC) International Building Code and Title 12 of the District of Columbia Municipal Regulations, the Construction Codes Supplement of 2003); (h) 14 DCMR § 704.1 (permitting to exist on premises a foundation or structural member that fails to provide a safe, firm and substantial base and support for the structure at all points); (i) 14 DCMR § 901.1 (failure to maintain fire extinguishing equipment in an operable condition); (j) 14 DCMR § 901.2 (failure to maintain fire proofing or fire protective construction in a good state of repair); (k) 14 DCMR § 902.1 (failure to maintain an egress facility in a good state of repair); (l) 14 DCMR § 902.3 (failure to maintain a fire door in an openable condition); (m) 14 DCMR § 902.4 (failure to maintain a public or exit corridor free of obstruction); (n) 14 DCMR § 904.1 (failure to maintain a fire alarm system in an operable condition); (o) 14 DCMR § 904.4 (failure to properly install a smoke detector or otherwise comply with the Smoke Detector Act of 1978, effective June 20, 1978 (D.C. Law 2-81; D.C. Official Code §§ 6-751.01 et seq.); (p) 14 DCMR § 1115.4 (permitting the employment of a food handler afflicted with a communicable disease); (q) 14 DCMR § 1201.1 (failure to maintain an office or agent in the District of Columbia); (r) 14 DCMR § 1401.1 (permitting the use of a structure for other than a one- family dwelling without a valid Certificate of Occupancy); or (s) Any infraction listed in § 3305.2 that has not been abated within six (6) months of the issuance of a notice of violation. 3305.2 Violation of any of the following provisions shall be a Class 2 infraction: (a) 14 DCMR § 103.3 (permitting the occupancy of an apartment or tenement thirty (30) days or more after the posting of a placard); (b) 14 DCMR § 104.1 (refusal to permit any designated agent of the District entry into the premises); (c) 14 DCMR § 104.4 (refusal to permit inspection of premises); (d) 14 DCMR § 400.1 (permitting the occupancy of any habitation in violation of 14 DCMR, Chapter 4); (e) 14 DCMR § 400.7 (renting a habitation in a building in which noxious gases or offensive odors are generated by a commercial activity); (f) 14 DCMR §§ 402.1 to 402.3 (failure to comply with occupancy requirements); (g) 14 DCMR § 403.1 (unlawful use of uninhabitable rooms); (h) 14 DCMR § 500.1 (failure to provide adequate heating, ventilating, or lighting facility); (i) 14 DCMR § 501.2 (failure to provide and maintain a heating facility capable of maintaining a temperature of seventy degrees Fahrenheit (70° F) in a building or part of a building used for habitation); (j) 14 DCMR § 501.4 (failure to supply sufficient heat); (k) 14 DCMR § 501.6 or 501.7 (failure to comply with the inspection, correction of defects and certification requirements); (l) 14 DCMR § 510 (failure to comply with a requirement concerning air conditioning maintenance); (m) 14 DCMR § 600.1 (failure to provide required facilities, utilities and fixtures); (n) 14 DCMR § 600.3 (failure to provide utility service); (o) 14 DCMR § 606.3 or 606.4 (failure to comply with the inspection, correction of defects and certification requirements); (p) 14 DCMR § 701.3 (failure to use a repair material of suitable kind or quality, or to perform or repair in a workmanlike manner); (q) 14 DCMR § 702.2 (failure to maintain smoke pipe or chimney which is adequately supported and free from leakage or obstruction); (r) 14 DCMR § 702.4 (permitting to exist on premises a chimney on which the total area of all flue openings exceeds the net area of the flue); (s) 14 DCMR § 707.1 (failure to comply with the requirements concerning the removal and repainting of loose or peeling wall covering or paint on interior surfaces); (t) 14 DCMR § 707.3 (permitting an unlawful quantity of lead to be present on an interior or exterior surface of a residential premise); (u) 14 DCMR § 707.5 (failure to remove peeling or flaking paint and to make the surface tight on inaccessible exterior surfaces); (v) 14 DCMR § 707.6 (failure to obtain compliance certification from DCRA prior to refinishing that the conditions affecting the surface has been abated in accordance with these regulations); (w) 14 DCMR § 707.7 (failure to comply with an order to abate issued pursuant to the provisions of 14 DCMR § 707.4); (x) 14 DCMR § 708.5 (failure to install or maintain required porch balustrade or other guard); (y) 14 DCMR § 903.1 (failure to maintain an exit or emergency light in an operable condition); (z) 14 DCMR § 903.2 (failure to maintain a lighted exit or emergency light); (aa) 14 DCMR § 904.2 (failure to provide or maintain a sign concerning the operation of the local fire alarm system at each striking station); (bb) 14 DCMR § 904.3 (failure to properly post and maintain a sign concerning fires); (cc) 14 DCMR § 905.1 (permitting a rag or refuse material to be deposited or remain in a dwelling); (dd) 14 DCMR § 905.2 (failure to maintain premises free of combustible refuse or debris, accumulated grease, or oil spillage); (ee) 14 DCMR § 905.3 (permitting the accumulation of combustible junk); (ff) 14 DCMR § 906.2 (permitting the installation or maintenance of a heating or cooking facility in violation of District law); (gg) 14 DCMR § 906.5 (failure to connect an oil heater to a flue or install an oil heater in compliance with the Fire Prevention Code); (hh) 14 DCMR § 906.5 (permitting the placement of ashes in a combustible receptacle, or on or against a combustible material); (ii) 14 DCMR § 906.7 (failure to maintain an incinerator, shaft, spark arrestor or hopper door in a fire-safe condition); (jj) 14 DCMR § 906.8 (failure to maintain a gas meter room free from combustible material or to properly ventilate a gas meter room); (kk) 14 DCMR § 1001.1 (failure to designate a manager or other person who is responsible for the premises); (ll) 14 DCMR § 1001.2 (failure of the designated manager to reside on the premises and have complete charge of the premises); (mm) 14 DCMR § 1003.4 (failure to ensure access to a rooming unit at any reasonable hour); (nn) 14 DCMR § 1004.3 or 1114.1 (failure to conspicuously color a preparation used for exterminating vermin, or store such a preparation in a container clearly labeled "POISON"); (oo) 14 DCMR § 1004.3 or 1114.2 (permitting a container of poison to be placed with a receptacle containing a food substance); (pp) 14 DCMR § 1111.1 (permitting the storage or display of food or drink which is not protected from contamination); (qq) 14 DCMR § 1113.3 (permitting the storage or service of shellfish from a source not approved by the U.S. Public Health Service); (rr) 14 DCMR § 1114.3 (permitting the use of a substance containing poison to clean or polish eating or cooking utensils); (ss) 14 DCMR § 1205.1 (failure to maintain elevators in good working order); (tt) 14 DCMR § 1301.1 (failure to designate a manager or other person who shall superintend the operation of a hotel or motel); or (uu) Any infraction listed in § 3305.3 that has not been abated within six (6) months of the issuance of a notice of violation. 3305.3 Violation of any of the following provisions shall be a Class 3 infraction: (a) 14 DCMR § 220.1(b) (failure to pay reinspection fee for routine housing inspections); (b) 14 DCMR § 400.2 (failure to advice the tenant of the maximum number of occupants permitted in the habitation); (c) 14 DCMR § 400.3 (renting or offering to rent a habitation that is not clean, safe, and free of vermin and rodents); (d) 14 DCMR § 400.4 (owner fails to provide and maintain the required facilities, utilities and services); (e) 14 DCMR § 400.8 (permitting the use of a structure as a tenement unit or tenement house); (f) 14 DCMR § 405.2 (permitting more than fifty percent (50%) of the total habitable space in a room having a sloping ceiling); (g) 14 DCMR § 405.3 (failing to comply with a requirement concerning ceiling height in a habitable room); (h) 14 DCMR § 405.4 (habitable room does not have a minimum clear head room of six feet eight inches (6 ft. 8 in.) under pipes or other construction projects); (i) 14 DCMR § 406 (permitting the subdivision of a habitable room in violation of 14 DCMR § 406); (j) 14 DCMR § 404.1 (permitting any room with more than fifty percent (50%) of any exterior wall area to be used as a habitable room); (k) 14 DCMR § 404.3 (failure to comply with the requirements of this section when altering any building in existence prior to June 9, 1960); (l) 14 DCMR § 404.5 (areaways constructed on buildings erected after June 9, 1960, does not comply with requirements of the International Code Council (ICC) International Building Code and Title 12 of the District of Columbia Municipal Regulations, the Construction Codes Supplement of 2003 and Zoning Regulations); (m) 14 DCMR § 500.2 (failure to properly or safely install, or maintain in a safe and working condition, a required facility); (n) 14 DCMR § 501.1 (failure to provide and maintain adequate eating facilities); (o) 14 DCMR § 501.3 (providing a heating facility that does not permit the temperature to be maintained at or below the maximums established by 14 DCMR § 501.3); (p) 14 DCMR § 502 (failure to comply with a lighting requirement for habitable rooms); (q) 14 DCMR § 503.1 (failure to maintain a yard surrounding a habitation free of light obstruction); (r) 14 DCMR § 504.1 (failure to provide or maintain adequate bathroom lighting); (s) 14 DCMR § 505.2 (failure to provide or maintain required artificial illumination of a hallway or stair); (t) 14 DCMR § 506.1 (failure to provide required natural or mechanical ventilation for each habitable room); (u) 14 DCMR § 506.3, 506.4, 506.5, 506.8, or 506.9 (failure to comply with a requirement concerning the ventilation of habitable rooms); (v) 14 DCMR § 506.7 (failure to provide or maintain required openable area in case of mechanical ventilation failure); (w) 14 DCMR § 506.10 (permitting a prohibited recirculation of air); (x) 14 DCMR § 506.11 (permitting air from prohibited locations to be drawn into a habitable room); (y) 14 DCMR § 509.1 (permitting a prohibited obstruction of ventilation); (z) 14 DCMR § 600.2 (failure to properly install each facility, utility, or fixture); (aa) 14 DCMR § 600.4 (failure to maintain in a safe and good working condition a facility for cooling, storing, or refrigerating food); (bb) 14 DCMR § 601 (failure to comply with a requirement concerning plumbing facilities); (cc) 14 DCMR § 602.1 (failure to provide a lavatory, water closet and bathing facilities for each dwelling unit); (dd) 14 DCMR § 602.2 or 602.3 (failure to provide a sufficient number of bathing facilities); (ee) 14 DCMR § 606.1 or 606.2 (failure to comply with a requirement concerning water heating facilities); (ff) 14 DCMR § 701.1 (failure to maintain all structures located on a premise in a sanitary and structurally sound condition); (gg) 14 DCMR § 702.1 (failure to maintain a roof so that it does not leak, and so that rain water is properly drained there from); (hh) 14 DCMR § 702.6 (failure to provide a flue opening with a flue crock, or with a metal or masonry thimble); (ii) 14 DCMR § 705.6 (permitting to exist on premises a window, window frame, door, or door frame which does not completely exclude rain and substantially exclude wind); (jj) 14 DCMR §§ 708.1 to 708.4, §§ 708.7 to 708.9, or § 708.11 (failure to comply with a requirement concerning stairways, steps, guardrails, or porches); (kk) 14 DCMR, Chapter 8 (failure to comply with a requirement concerning the cleanliness and sanitation of premises occupied for residential purposes); (ll) 14 DCMR § 800.9 (premises creates a danger to the health, welfare or safety of the occupants, public and/or constitute a public nuisance; (mm) 14 DCMR § 800.10 (serious prohibited vegetative growth, for example, grass or weeds exceeding ten inches (10 in.) in height, creating a harbor for rodents, or shrubbery that is a detriment to the health, safety, or welfare of the public); (nn) 14 DCMR § 800.13 (serious accumulation of trash, rubbish, or garbage in or on any premises shall constitute an insanitary and unhealthy condition); (oo) 14 DCMR § 900.2 (failure to afford protection against accident to a person in or about premises on which there is an unoccupied or uncompleted building); (pp) 14 DCMR § 901.3 (failure to submit fire inspection report or correct cited violations); (qq) 14 DCMR § 905.4 (permitting the accumulation of combustible junk); (rr) 14 DCMR § 907.1 (failure to properly notify the Fire Department of a fire); (ss) 14 DCMR § 1003.1 or 1003.2 (failure to provide an entrance door lock or key thereto); (tt) 14 DCMR § 1003.3 (failure to retain a duplicate key); (uu) 14 DCMR § 1005.4 (failure to maintain clean and sanitary bedding); (vv) 14 DCMR § 1005.5 or 1005.6 (failure to provide required clean linens and towels); (ww) 14 DCMR § 1103.1 or 1103.3 (operating a boarding house without first qualifying for a Manager's Certificate); (xx) 14 DCMR § 1104.1 (permitting a sleeping facility to exist in a room where food is prepared, served, or stored, or where utensils are washed or stored); (yy) 14 DCMR § 1104.2 (permitting the use of a room for sleeping without required ceiling clearance over floor area); (zz) 14 DCMR § 1104.5 (failure to maintain clean and sanitary bedding); (aaa) 14 DCMR § 1104.6 or 1104.7 (failure to provide required clean linens and towels); (bbb) 14 DCMR § 1106 or 1107 (failure to comply with a requirement concerning the construction, maintenance, or ventilation of rooms in which food or drink is stored, prepared, or served, or in which utensils are washed or stored); (ccc) 14 DCMR § 1109 (failure to comply with a requirement concerning food preparation or dishwashing facilities); (ddd) 14 DCMR § 1110 (failure to comply with a requirement concerning storage or handling utensils or the use of kitchens); (eee) 14 DCMR §§ 1111.2 to 1111.4 (failure to comply with a requirement concerning the storage or handling of food); (fff) 14 DCMR § 1112 (failure to comply with a requirement concerning refrigeration equipment or the refrigeration of food or drink); (ggg) 14 DCMR § 1113.1, 1113.2, or 1113.4 (failure to comply with a requirement concerning food, drink, service of milk, or the construction of cream dispensers); (hhh) 14 DCMR § 1116 (failure to comply with a requirement concerning employee cleanliness); (iii) 14 DCMR § 1117 (failure to comply with a requirement concerning lavatory facilities); (jjj) 14 DCMR § 1118.2 (failure to keep a soiled linen, coat, or apron in a vermin-proof container); (kkk) 14 DCMR § 1201.2 (failure to submit a timely notification to the Director of any change in the appointment of a general agent, manager or attorney); (lll) 14 DCMR § 1205.3 (failure to comply with the Elevator Code when altering, repairing or replacing elevator service); (mmm) 14 DCMR § 1302 (failure to comply with a requirement concerning registration of occupants); (nnn) 14 DCMR § 1303 (failure to comply with a requirement concerning room keys); (ooo) 14 DCMR § 1304 (failure to comply with a requirement concerning the cleaning and maintenance of hotel or motel rooms); (ppp) 14 DCMR § 1305 (failure to comply with a requirement concerning the posting of permissible occupancy rates); (qqq) 14 DCMR § 1304 (failure to comply with a requirement concerning the maximum permissible occupancy of hotel or motel rooms); (rrr) 14 DCMR § 1308 (failure to comply with a security requirement concerning high density use of hotel or motel rooms); (sss) 14 DCMR § 1307, 1309, or 1310 (failure to comply with a requirement concerning the high density use of hotel or motel rooms); (ttt) 14 DCMR § 1311 (failure to comply with a requirement concerning the high density use of hotel or motel bathroom facilities); (uuu) Violation of any provision of the Housing Regulations of the District of Columbia, 14 DCMR, Chapters 1 through 14, which provision is not cited elsewhere in this section, shall be a Class 3 infraction. (vvv) Any infraction listed in § 3305.4 that has not been abated within six (6) months of the issuance of a notice of violation. 3305.4 Violation of any of the following provisions shall be a Class 4 infraction: (a) 14 DCMR § 401.1 (failure to provide required occupant access to common space); (b) 14 DCMR § 401.2 (failure to locate a watercloset, shower, or bathtub in a room so as to afford privacy); (c) 14 DCMR § 401.3 (failure to provide required occupant access to a bathroom or sleeping room); (d) 14 DCMR § 507 (failure to comply with a requirement concerning the ventilation of bathrooms); (e) 14 DCMR § 508 (failure to maintain a mechanical ventilation system in safe and good working condition or in constant operation); (f) 14 DCMR § 603 (failure to comply with a requirement concerning waterproof floors in toilets); (g) 14 DCMR § 604 (failure to comply with a requirement concerning access to bathrooms); (h) 14 DCMR § 605 (failure to comply with a requirement concerning electrical outlets); (i) 14 DCMR § 607.2 (failure to provide a required lock or key to a habitation door, or to maintain a lock in good repair); (j) 14 DCMR § 701.2 (failure to maintain a walkway in good repair, free of holes, and safe for walking purposes); (k) 14 DCMR. § 702.3 (permitting to exist on premises a chimney which is not reasonable plumb); (l) 14 DCMR § 702.5 (failure to close a chimney opening which is not required); (m) 14 DCMR § 703 (failure to comply with a requirement concerning gutters or drainage); (n) 14 DCMR § 704.2 (failure to maintain exterior walls in a structurally sound condition); (o) 14 DCMR § 704.3 (failure to keep a masonry wall pointed); (p) 14 DCMR § 705.1 (failure to supply a window with window panes that are free of open cracks and holes); (q) 14 DCMR § 705.4 (permitting to exist on premises a door, transom, side light, skylight, door hinge, or door latch which is not in good condition); (r) 14 DCMR § 705.5 (failure to comply with a requirement concerning an exterior door); (s) 14 DCMR § 705.7 (failure to construct or maintain a basement hatchway so as to prevent the entrance of rodents, rain, or surface drainage water into a dwelling); (t) 14 DCMR § 706 (failure to comply with a requirement concerning interior walls, floors, or ceilings); (u) 14 DCMR § 708.6 or 708.10 (failure to provide a required balustrade or other guard); (v) 14 DCMR § 903.3 (failure to maintain an exit directional sign); (w) 14 DCMR § 1002 (failure to comply with a requirement concerning registration or room assignment); (x) 14 DCMR § 1004.1 (permitting food in a sleeping room to be kept in a container which is not vermin-proof); (y) 14 DCMR § 1005.1 (permitting the use of a sleeping room with inadequate ceiling clearance); (z) 14 DCMR § 1101 (failure to comply with a requirement concerning resident managers); (aa) 14 DCMR § 1102 (failure to comply with a requirement concerning registration or room assignment); (bb) 14 DCMR § 1105 (failure to comply with a requirement concerning room keys); (cc) 14 DCMR § 1108 (failure to comply with a lighting requirement); (dd) 14 DCMR § 1118.1 (failure to provide adequate lockers or dressing rooms); (ee) 14 DCMR § 1202.1 (failure to timely establish and maintain tenant register); (ff) 14 DCMR § 1203 (failure to comply with a requirement concerning the posting of building management information); (gg) 14 DCMR § 1204.3 (failure to provide a secure, approved mail receptacle); or (hh) 14 DCMR § 800.10 (minor prohibited vegetative growth, for example grass or weeds exceeding ten inches (10 in.) in height, creating a harbor for rodents, or shrubbery that is a detriment to the health, safety, or welfare of the public); or (ii) 14 DCMR § 800.13 (minor accumulation of trash, rubbish, or garbage in or on any premises shall constitute an insanitary and unhealthy condition). SOURCE: Final Rulemaking published at 52 DCR 4908 (May 27, 2005); as amended by Emergency and Proposed Rulemaking published at 58 DCR 3075 (April 8, 2011)[EXPIRED]; as amended by Emergency Rulemaking published at 58 DCR 6449 (July 29, 2011)[EXPIRED]; as amended by Emergency Rulemaking published at 58 DCR 10013 (November 25, 2011)[EXPIRED]; as amended by Final Rulemaking published at 59 DCR 776 (February 3, 2012); as amended by the Department of Consumer and Regulatory Affairs Omnibus Amendment Act of 2018, effective April 11, 2019 (D.C. Law 22-0287; 66 DCR 1650 (February 8, 2019)). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3305