It shall be the duty of the owner entitled to the beneficial use, rental, or control of any building 3 or more stories in height, constructed or used or intended to be used as an apartment house, tenement house, flat, rooming house, lodging house, hotel, hospital, seminary, academy, school, college, institute, dormitory, asylum, sanitarium, hall, place of amusement, office building, or store, or of any building 3 or more stories in height, or over 30 feet in height, other than a private dwelling, in which sleeping quarters for the accommodation of 10 or more persons are provided above the 1st floor, to provide and cause to be erected and fixed to every such building 1 or more suitable fire escapes, connecting with each floor above the 1st floor by easily accessible and unobstructed openings, in such location and numbers and of such material, type, and construction as the Council of the District of Columbia may determine; except that buildings designed and built as single-family dwellings, and converted to use as apartment houses, in which not more than 3 families reside, including the owner or lessee, or rooming houses in which sleeping accommodations are provided for less than 10 persons above the 1st floor, not more than 3 stories nor more than 40 feet in height, and having a total floor area not more than 3,000 square feet above the 1st floor, shall be exempted from the provisions of this section; and except that buildings used solely as apartment houses, not more than 3 stories nor more than 40 feet in height, so arranged that not more than 5 apartments per floor open directly, without an intervening hall or corridor, on a fire-resistive stairway, 3 feet or more in width, enclosed with masonry walls in which fire-resistive doors are provided at all openings, shall be exempted from the provisions of this section.
(Mar. 19, 1906, 34 Stat. 70, ch. 957, § 1; Mar. 2, 1907, 34 Stat. 1247, ch. 2566, § 1; June 4, 1934, 48 Stat. 843, ch. 388.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-501.
1973 Ed., § 5-301.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(117) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
It shall be the duty of the owner entitled to the beneficial use, rental, or control of any building already erected, or which may hereafter be erected, in which 10 or more persons are employed at the same time in any of the stories above the 2nd story, except 3-story buildings used exclusively as stores or for office purposes, and having at least 2 stairways from the ground floor each 3 or more feet wide and separated from each other by a distance of at least 30 feet, from 1 of which stairways shall be easy access to the roof, to provide and cause to be erected and affixed thereto a sufficient number of the aforesaid fire escapes, the location and number of the same to be determined by the Mayor of the District of Columbia, and to keep the hallways and stairways in every such building as is used and occupied at night properly lighted, to the satisfaction of the Mayor, from sunset to sunrise.
(Mar. 19, 1906, 34 Stat. 70, ch. 957, § 2; Mar. 2, 1907, 34 Stat. 1247, ch. 2566; June 4, 1934, 48 Stat. 843, ch. 388.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-502.
1973 Ed., § 5-302.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
It shall be the duty of the owner entitled to the beneficial use, rental, or control of any building used or intended to be used as set forth in § 6- 701.01 where fire escapes are required, or any building in which 10 or more persons are employed, as set forth in § 6-701.02, where fire escapes are required, also to provide, install, and maintain therein proper and sufficient guide signs, guide lights, exit lights, hall and stairway lights, standpipes, fire extinguishers, and alarm gongs and striking stations in such locations and numbers and of such type and character as the Mayor of the District of Columbia may determine; except that in buildings less than 6 stories in height, standpipes will not be required when fire extinguishers are installed in such numbers and of such type and character as the Mayor of the District of Columbia may determine.
(Mar. 19, 1906, 34 Stat. 70, ch. 957, § 3; Mar. 2, 1907, 34 Stat. 1247, ch. 2566; June 4, 1934, 48 Stat. 843, ch. 388.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-503.
1973 Ed., § 5-303.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2, of Fire Alarm Notice and Tenant Fire Safety Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-314, February 22, 2010, 57 DCR 1649).
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
(a) The owner of a high-rise building shall:
(1) Prepare and maintain a fire safety and evacuation plan for the building; and
(2) Conduct fire drills at least once every 12 months.
(b) A violation of this section shall be subject to civil penalties as established by the Mayor pursuant to rulemaking.
(c) For the purposes of this section, the term "high-rise building" shall mean any building having occupied floors more than 75 feet above the lowest level of fire department vehicle access.
(Mar. 19, 1906, ch. 957, § 3a, as added Mar. 11, 2010, D.C. Law 18-116, § 2, 57 DCR 893.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 18-116, the "Fire Alarm Notice and Tenant Fire Safety Amendment Act of 2009", was introduced in Council and assigned Bill No. 18-178, which was referred to the Committee on Public Safety and the Judiciary. The bill was adopted on first and second readings on December 1, 2009, and December 15, 2009, respectively. Signed by the Mayor on January 11, 2010, it was assigned Act No. 18-264 and transmitted to both Houses of Congress for its review. D.C. Law 18-116 became effective on March 11, 2010.
Delegation of Authority
Delegation of Authority under the Fire Alarm Notice and Tenant Fire Safety Emergency Amendment Act of 2009, see Mayor's Order 2009-101, June 12, 2009 (56 DCR 6844).
The Mayor of the District of Columbia is hereby authorized and directed to issue such orders and the Council of the District of Columbia is hereby authorized and directed to adopt, and the Mayor to enforce, such regulations not inconsistent with law as may be necessary to accomplish the purposes and carry into effect the provisions of this part, and the Mayor is hereby authorized and directed to require any alterations or changes that may become necessary in buildings now or hereafter erected, in order properly to locate or relocate fire escapes, or to afford access to fire escapes, and to require any changes or alterations in any building that may be necessary in order to provide for the erection of additional fire escapes, or for the installation of other appliances required by this part, when in the judgment of the Mayor such additional fire escapes or appliances are necessary.
(Mar. 19, 1906, 34 Stat. 71, ch. 957, § 4; June 4, 1934, 48 Stat. 844, ch. 388.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-504.
1973 Ed., § 5-304.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(118) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Miscellaneous Notes
Development of model construction codes: See Act of July 1, 1983, D.C. Law 5- 15, 30 DCR 2661.
(a) Each elevator shaft and stairway extending to the basement of the buildings heretofore mentioned shall terminate in a fireproof compartment or enclosure separating the elevator shaft and stairs from other parts of the basement, and no opening shall be made or maintained in such compartment or enclosure unless the same be provided with fireproof doors.
(b) Such buildings as are used solely for office buildings above the 2nd floor and defined under the building regulations of the District of Columbia to be fireproof are exempted from the requirements of this part as to fire escapes, guide signs, and alarm gongs; but when the face of a wall of any such fireproof building is within 30 feet of a combustible building or structure, or when the side or sides, front or rear of such building or structure faces within 30 feet of a combustible building, or contains a light or air shaft or similar recess within 30 feet of a combustible building, then each and every window or opening in said wall or walls shall be protected from fire by automatic iron shutters or wire glass in fireproof sash and frames.
(Mar. 19, 1906, 34 Stat. 71, ch. 957, § 5; Mar. 2, 1907, 34 Stat. 1247, ch. 2566; June 4, 1934, 48 Stat. 844, ch. 388.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-505.
1973 Ed., § 5-305.
It shall be unlawful to obstruct any hall, passageway, corridor, or stairway in any building enumerated in this part with baggage, trunks, furniture, cans, or with any other thing whatsoever.
(Mar. 19, 1906, 34 Stat. 71, ch. 957, § 6; June 4, 1934, 48 Stat. 844, ch. 388.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-506.
1973 Ed., § 5-306.
No door or window leading to any fire escape shall be covered or obstructed by any fixed grating or barrier, and no person shall at any time place any encumbrance or obstacle upon any fire escape or upon any platform, ladder, or stairway leading to or from any fire escape.
(Mar. 19, 1906, 34 Stat. 71, ch. 957, § 7; June 4, 1934, 48 Stat. 844, ch. 388.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-507.
1973 Ed., § 5-307.
Any person failing or neglecting to provide fire escapes, guide signs, guide lights, exit lights, hall and stairway lights, standpipes, fire extinguishers, alarm gongs, and striking stations, or other appliances required by this part, after notice from the Mayor of the District of Columbia so to do, shall, upon conviction thereof, be punished by a fine of not less than $10 nor more than $100 and shall be punished by a further fine of $5 for each day that he fails to comply with such notice. Any person violating any other provision of this part or regulations promulgated hereunder shall be punished, upon conviction thereof, by a fine of not less than $10 nor more than $100 for each offense.
(Mar. 19, 1906, 34 Stat. 71, ch. 957, § 8; June 4, 1934, 48 Stat. 845, ch. 388.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-508.
1973 Ed., § 5-308.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
The notice from the Mayor of the District of Columbia requiring the erection of fire escapes and other appliances enumerated in this part shall specify the character and number of fire escapes or other appliances to be provided, the location of the same, and the time within which said fire escapes or other appliances shall be provided, and in no case shall more than 90 days be allowed for compliance with said notice unless the Mayor shall, in his discretion, deem it necessary to extend their time.
(Mar. 19, 1906, 34 Stat. 71, ch. 957, § 9; June 4, 1934, 48 Stat. 845, ch. 388.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-509.
1973 Ed., § 5-309.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
§ 6-701.10. Notice requiring provision of fire safety measures--Service; failure of owner to comply.
Such notice shall be deemed to have been served if delivered to the person to be notified, or if left with any adult person at the usual residence or place of business of the person to be notified in the District of Columbia, or if no such residence or place of business can be found in said District by reasonable search, if left with any adult person at the office of any agent of the person to be notified, provided such agent has any authority or duty with reference to the building to which said notice relates, or if no such office can be found in said District by reasonable search if forwarded by registered mail or by certified mail to the last known address of the person to be notified and not returned by the post office authorities, or if no address be known or can by reasonable diligence be ascertained, or if any notice forwarded as authorized by the preceding clause of this section be returned by the post office authorities, if published on 10 consecutive days in a daily newspaper published in the District of Columbia, or if by reason of an outstanding unrecorded transfer of title the name of the owner in fact cannot be ascertained beyond a reasonable doubt, if served on the owner of record in the manner hereinbefore in this section provided, or if delivered to the agent, trustee, executor, or other legal representative of the estate of such person. Any notice to a corporation shall, for the purposes of this part, be deemed to have been served on such corporation if served on the president, secretary, treasurer, general manager, or any principal officer of such corporation in the manner hereinbefore provided for the service of notices on natural persons holding property in their own right, and notice to a foreign corporation shall, for the purposes of this part, be deemed to have been served if served on any agent of such corporation personally, or if left with any person of suitable age and discretion residing at the usual residence or employed at the usual place of business of such agent in the District of Columbia; provided, that in case of failure or refusal of the owner entitled to the beneficial use, rental, or control of any buildings specified in this part, to comply with the requirements of the notice provided for in § 6-701.09, the Mayor of the District of Columbia is hereby empowered and it is his duty to cause such erection of fire escapes and other appliances mentioned in the notice provided for, and he is hereby authorized to assess the costs thereof as a tax against the buildings on which they are erected and the ground on which the same stands, and to issue tax-lien certificates against such building and grounds for the amount of such assessments, bearing interest at the rate of 10% per annum, which certificates may be turned over by the Mayor of the District of Columbia to the contractor for doing the work.
(Mar. 19, 1906, 34 Stat. 71, ch. 957, § 10; Mar. 2, 1907, 34 Stat. 1248, ch. 2566, § 1; June 4, 1934, 48 Stat. 845, ch. 388; June 11, 1960, 74 Stat. 203, Pub. L. 86-507, § 1(42).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-510.
1973 Ed., § 5-310.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
The Superior Court of the District of Columbia, in term time or in vacation, may, upon a petition of the District of Columbia, filed by its Mayor, issue an injunction to restrain the use or occupation of any building in the District of Columbia in violation of any of the provisions of this part.
(Mar. 19, 1906, 34 Stat. 72, ch. 957, § 11; June 4, 1934, 48 Stat. 846, ch. 388; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 571, Pub. L. 91-358, title I, § 155(c)(16).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-511.
1973 Ed., § 5-311.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
As used in this part:
(1) The terms "apartment house," "tenement house," and "flat" mean a building in which rooms in suites are provided for occupancy by 3 or more families.
(2) The term "rooming house" means a building in which rooms are rented and sleeping quarters provided to accommodate 10 or more persons, not including the family of the owner or lessee.
(3) The term "lodging house" means a building in which sleeping quarters are provided to accommodate 10 or more transients.
(4) The term "hotel" means a building in which meals are served and rooms are provided for the accommodation of 10 or more transients.
(5) The term "elevator shaft" includes a dumbwaiter shaft.
(6) The term "fire escape" means an exterior open stairway or arrangement of ladders constructed entirely of incombustible materials and of approved design, or an interior or exterior stairway of fire-resistive construction with enclosing walls of masonry with fire-resistive doors and windows.
(7) The term "standpipe" means a vertical iron or steel pipe provided with hose connections and valves, so arranged as to supply water for firefighting purposes.
(8) The terms "fireproof" and "fire-resistive" have the same meaning as is ascribed to the term "fire-resistive" in the Building Code approved pursuant to the Construction Codes Approval and Amendments Act of 1986.
(Mar. 19, 1906, ch. 957, § 12; June 4, 1934, 48 Stat. 846, ch. 388; Mar. 21, 1987, D.C. Law 6-216, § 13(d), 34 DCR 1072.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-512.
1973 Ed., § 5-312.
Legislative History of Laws
Law 6-216, the "Construction Codes Approval and Amendments Act of 1986," was introduced in Council and assigned Bill No. 6-500, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 18, 1986, and December 16, 1986, respectively. Signed by the Mayor on February 2, 1987, it was assigned Act No. 6-279 and transmitted to both Houses of Congress for its review.
References in Text
The "Construction Codes Approval and Amendments Act of 1986," referred to in paragraph (8), is D.C. Law 6-216.
