1500.1 A penthouse or rooftop structure, when not in conflict with the Height Act or otherwise restricted, may be erected to a height in excess of the building height authorized by the zone district, in accordance with the conditions specified in this section.

1500.2 The requirements of this chapter shall apply to:

(b) Rooftop structures that are four feet (4 ft.) or more in height above the roof upon which they sit.

1500.3 A rooftop structure that is less than four feet (4 ft.) in height above the roof upon which it sits shall not be subject to the requirements of this chapter, except it must comply with the setback requirements of Subtitle C § 1504.

1500.4 For the administration of this section, mechanical equipment shall not include telephone equipment, radio, television, electronic equipment of a type not necessary to the operation of the building or structure, or solar canopies on top of a parking garage. Antenna equipment cabinets and antenna equipment shelters shall be regulated by Subtitle C, Chapter 13.

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 66 DCR 12137 (September 13, 2019); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021).