The following abbreviations apply to this section and refer to referenced standards adopted by the 2013 District of Columbia Green Construction Code:

ASHRAE- American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc.

LEED-Leadership in Energy & Environmental Design

3314.1 GREEN BUILDING CODE INFRACTIONS

1. (a) 12-K DCMR § 405.3 (failure to comply with fifty percent (50%) native planting requirement). Fine Amount: \$20.00 per square foot of unplanted native planting area as specified in construction documents.
2. (b) 12-K DCMR § 406.1 (failure to comply with seventy-five percent (75%) diversion requirement for land-clearing debris). Fine Amount:
3. (1) \$60.00 per ton of land-clearing debris [based on waste hauling receipts and documentation]; or
4. (2) \$16.00 per cubic yard of land-clearing debris [based on waste hauling receipts and documentation].
5. (c) 12-K DCMR § 406.3 (failure to provide verification of compliance with seventy-five percent (75%) diversion requirement for land-clearing debris). Fine Amount: \$1.00 per square foot of land area disturbed as submitted at permit.
6. (d) 12-K DCMR § 503.1 (failure to comply with requirement to recycle or salvage at least fifty percent (50%) of nonhazardous construction waste). Fine Amount:
7. (1) \$60.00 per ton of land-clearing debris [based on waste hauling receipts and documentation]; or
8. (2) \$16.00 per cubic yard of land-clearing debris [based on waste hauling receipts and documentation].
9. (e) 12-K DCMR § 503.2 (failure to provide verification of compliance with requirement to recycle or salvage at least fifty percent (50%) of nonhazardous construction waste). Fine Amount: \$1.00 per square foot of building submitted at permit.

1. (f) 12-K DCMR § 505.1 (failure to comply with material selection requirements); fine amount \$0.05 per dollar below the minimum forty percent (40%) based on cost required by code.
2. (g) 12-K DCMR § 505.3 (failure to provide documentation verifying compliance with material selection or whole building life cycle). Fine Amount: two percent (2%) of “Estimated Cost of Work” in permit application.
3. (h) 12-K DCMR § 903.2 (failure to provide preliminary commissioning report to code official upon request). Fine Amount: \$1.00 per square foot of gross floor area of the project as submitted at permit.
4. (i) 12-K DCMR § 903.3 (failure to provide final commissioning report to code official upon request). Fine Amount: \$2.00 per square foot of gross floor area of the project as submitted at permit.
5. (j) 12-K DCMR Appendix A § A104.9.4 (failure to complete vegetated roof elective). Fine Amount: \$20.00 per square foot of unplanted vegetated roof area based on submitted and approved construction documents.
6. (k) 12-K DCMR Appendix A § A104.10 (failure to complete native planting elective). Fine Amount: \$20.00 per square foot of unplanted native planting area based on submitted and approved construction documents.
7. (l) 12-K DCMR Appendix A § A105.1 and 12-K DCMR §503.2 (failure to provide documentation of compliance with waste management project elective). Fine Amount: \$1.00 per square foot of gross floor area of project as submitted at permit.
8. (m) 12-K DCMR Appendix A § A105.1 and 12-K DCMR §503.1 (failure to comply with elective to recycle or salvage at least seventy percent (70%) of nonhazardous construction waste). Fine Amount: \$60.00 per ton, or \$16.00 per cubic yard, of nonhazardous waste material [based on waste hauling receipts and documentation].
9. (n) 12-K DCMR Appendix A § A105.2 and 12-K DCMR §503.2 (failure to provide documentation of compliance with construction waste landfill maximum project elective). Fine Amount: \$1.00 per square foot of gross floor area of project as submitted at permit.
10. (o) 12-K DCMR Appendix A § A105.2 and 12-K DCMR §503.1 (failure to comply with construction waste landfill elective of maximum of 4lbs/sqft).

Fine Amount: $60.00 per ton of nonhazardous waste material [based on waste hauling receipts and documentation].

(p) 12-K DCMR Appendix A § A105.3, option 1, and 12-K DCMR §505.2 (failure to comply with fifty percent (50%) material selection elective) fine amount $0.05 per dollar below the minimum fifty percent (50%) based on cost required by code.

(q) 12-K DCMR Appendix A § A105.3, option 1, and 12-K DCMR §505.3 (failure to provide documentation of compliance with fifty percent (50%) material selection elective). Fine Amount: 2.5% of “Estimated Cost of Work” in permit application.

(r) 12-K DCMR Appendix A § A105.3, option 2, and 12-K DCMR §505.2 (failure to comply with seventy-five percent (75%) material selection elective). Fine amount $0.05 per dollar below the minimum seventy-five percent (75%) based on cost required by code.

(s) 12-K DCMR Appendix A § A105.3, option 2, and 12-K DCMR §505.3 (failure to provide documentation of compliance with seventy-five percent (75%) material selection elective). Fine Amount: 3.75% of “Estimated Cost of Work” in permit application.

3314.2 ASHRAE 189.1 INFRACTIONS

(a) 12-K DCMR § 303.1, ASHRAE 189.1 § 5.4.1.1.a Greenfield sites (failure to retain twenty percent (20%) of native site vegetation). Fine Amount: $20.00 per square foot of vegetated area based on approved area in construction documents.

(b) 12-K DCMR § 303.1, ASHRAE 189.1 § 5.4.1.1.b Greenfield sites (failure to develop or retain twenty percent (20%) of site as vegetated area). Fine Amount: $20.00 per square foot of vegetated area based on approved area in construction documents.

(c) 12-K DCMR § 303.1, ASHRAE 189.1 § 5.4.1.1.b Greenfield sites (failure to develop or retain minimum sixty percent (60%) of site vegetated area as native and/or adaptive plants). Fine Amount: $20.00 per square foot of vegetated area based on approved area in construction documents.

(d) 12-K DCMR § 303.1, ASHRAE 189.1 § 6.3.1.1 Landscape Design (failure to provide a minimum of sixty percent (60%) of improved landscape as native and/or adaptive plants). Fine Amount: $20.00 per square foot of planting area based on approved area in construction documents.

1. (e) 12-K DCMR § 303.1; ASHRAE 189.1 § 9.3.1.1 Construction Waste Management Diversion (failure to recycle or salvage at least fifty percent (50%) of nonhazardous construction waste). Fine Amount: \$60.00 per ton or \$16.00 per cubic yard of nonhazardous waste material not recycled below the minimum fifty percent (50%) required by code.
2. (f) 12-K DCMR § 303.1; ASHRAE 189.1 § 9.3.1.1 Construction Waste Management Diversion (failure to provide verification of compliance at code official request). Fine Amount: \$1.00 per square foot of building submitted at permit.
3. (g) 12-K DCMR § 303.1, ASHRAE 189.1 § 9.3.1.2 Construction Waste Management Total Waste (failure to meet construction waste maximum of 1.2 lbs/sqft). Fine Amount: \$60.00 per ton of construction waste material generated above the maximum 1.2 lbs/sqft required by code.
4. (h) 12-K DCMR § 303.1, ASHRAE 189.1 § 9.3.1.2 Construction Waste Management Total Waste (failure to provide verification of compliance at code official request). Fine Amount: \$1.00 per square foot of building submitted at permit.
5. (i) 12-K DCMR § 303.1, ASHRAE 189.1 § 9.4.1.1 Reduced Impact materials, Recycled Content (failure to meet ten percent (10%) based on cost of recycled content materials). Fine Amount: \$0.05 per dollar below the minimum ten percent (10 %) required by code.
6. (j) 12-K DCMR § 303.1, ASHRAE 189.1 § 9.4.1.1 Reduced Impact materials, Recycled Content (failure to provide verification of compliance at code official request). Fine Amount: \$0.05 per dollar of ten percent (10%) of the “Estimated Cost of Work” in permit application.
7. (k) 12-K DCMR § 303.1, ASHRAE 189.1 § 9.4.1.2 Reduced Impact materials, Regional Materials (failure to comply with regional materials requirements). Fine amount: \$0.05 per dollar below the minimum fifteen percent (15%) required by code.
8. (l) 12-K DCMR § 303.1, ASHRAE 189.1 § 9.4.1.2 Reduced Impact materials, Regional Materials (failure to provide verification of compliance at code official request). Fine Amount: \$0.05 per dollar of fifteen percent (15%) of the “Estimated Cost of Work” in permit application.
9. (m) 12-K DCMR § 303.1, ASHRAE 189.1 § 9.4.1.3 Reduced Impact

materials, Biobased products (failure to comply with biobased product requirements). Fine amount $0.05 per dollar below the minimum five percent (5%) required by code.

(n) 12-K DCMR § 303.1, ASHRAE 189.1 § 9.4.1.3 Reduced Impact materials, Biobased products (failure to provide verification of compliance at code official request). Fine Amount: $0.05 per dollar of five percent (5%) of the “Estimated Cost of Work” in permit application.

(o) 12-K DCMR § 303.1, ASHRAE 189.1 § 9.4 (failure to provide verification of compliance at code official request). Fine Amount: $0.05 per dollar of forty-five percent (45%) of the reported “Estimated Cost of Work” in permit application.

(p) 12-K DCMR § 303.1, ASHRAE 189.1 § 10.3.3 Final Commissioning Report (failure to provide final commissioning report to code official upon request). Fine Amount: $2.00 per square foot of gross floor area of the project as submitted at permit application.

3314.3 LEED INFRACTIONS

3314.3.1 12-A DCMR § 101.4.9.4.2.2 (failure to submit evidence of LEED certification within twelve (12)-month period following date of issuance of first certificate of occupancy for occupiable space in a story above grade plane). Fine Amount:

(a) $7.50 per square foot of gross floor area of construction if the project is less than 100,000 square feet (9290 m²) of gross floor area.

(b) $10.00 per square foot of gross floor area of construction if the project is equal to or greater than 100,000 square feet (9290 m²) of gross floor area.

(c) The amount of a fine for non-compliance under this sub-section shall not exceed $3,000,000.

3314.3.2 12-A DCMR § 101.4.9.4.2.2 (failure to submit evidence of LEED certification within forty-eight (48) calendar months after receipt of the first certificate of occupancy for occupiable space in a story above grade plane. Fine Amount:

(a) $0.02 per square foot of gross floor area of the project to the District of Columbia.

(b) The fine shall be assessed for each month that the violation remains uncorrected.

(c) The fine shall be in addition to any fines issued under Section 3314.3.1 and shall not be subject to the $3,000,000 limit under Section 3314.3.1.

3314.4 GREEN COMMUNITIES INFRACTIONS

3314.4.1 12-A DCMR § 101.4.9.4.2.3 (failure to submit evidence of compliance with Enterprise Green Community Partners standard within twelve (12)-month period following date of issuance of first certificate of occupancy for occupiable space in a story above grade plane). Fine Amount:

(a) $7.50 per square foot of gross floor area of construction if the project is less than 100,000 square feet (9290 m²) of gross floor area.

(b) $10.00 per square foot of gross floor area of construction if the project is equal to or greater than 100,000 square feet (9290 m²) of gross floor area.

(c) The amount of a fine for non-compliance under this subsection shall not exceed $3,000,000.

3314.4.2 12-A DCMR § 101.4.9.4.2.3 (failure to submit evidence of compliance with Enterprise Green Community Partners standard within forty-eight (48)-month period following date of issuance of first certificate of occupancy for occupiable space in a story above grade plane). Fine Amount:

(a) $0.02 per square foot of gross floor area of the project.

(b) The fine shall be assessed for each month that the violation remains uncorrected.

(c) The fine shall be in addition to any fines issued under Section 3314.4.1 and shall not be subject to the $3,000,000 limit under Section 3314.4.1.

3314.5 NATIONAL GREEN BUILDING STANDARD (ICC 700) INFRACTIONS

3314.5.1 12-A DCMR § 101.4.9.4.2.4 (failure to submit evidence of compliance with the National Green Building Standard, ICC 700, and the EPA's Energy Star New Homes program or Multifamily High Rise Program within twelve (12)-month period following date of issuance of first certificate of occupancy for occupiable space in a story above grade plane). Fine Amount:

(a) $7.50 per square foot of gross floor area of construction if the project is less than 100,000 square feet (9290 m²) of gross floor area.

(b) $10.00 per square foot of gross floor area of construction if the project is equal to or greater than 100,000 square feet (9290 m²) of gross floor area.

(c) The amount of a fine for non-compliance under this subsection shall not exceed $3,000,000.

3314.5.2 12-A DCMR § 101.4.9.4.2.4 (failure to submit evidence of compliance with the National Green Building Standard, ICC 700, and the EPA's Energy Star New Homes program or Multifamily High Rise Program within forty-eight (48)-month period following date of issuance of first certificate of occupancy for occupiable space in a story above grade plane). Fine Amount:

(a) $0.02 per square foot of gross floor area of the project to the District of Columbia.

(b) The fine shall be assessed for each month that the violation remains uncorrected.

(c) The fine shall be in addition to any fines issued under Section 3314.5.1 and shall not be subject to the $3,000,000 limit under Section 3314.5.1.

SOURCE: Final Rulemaking published at 64 DCR 1045 (February 3, 2017).