3401 FIRE PREVENTION CODE INFRACTIONS

The following abbreviations apply to this section:

IFC - International Fire Code (2015 edition)

NFPA- National Fire Protection Association

3401.1 Violation of any of the following provisions shall be a Class 1 infraction:

1. (a) 12-H DCMR § 102.3.1 (change in occupancy that will subject the structure to special provisions of the Fire Code or Building Code without the approval of the code official);
2. (b) 12-H DCMR § 105.1.1 (failure to obtain and maintain required permits on the premises, including operational or installation permits as described by 12-H DCMR §§ 105.1.2 and 105.6);
3. (c) 12-H DCMR § 104.11.6.2 (obstructing operations of the Fire Department in connection with extinguishment or control of any fire, or action relating to other emergencies);
4. (d) 12-H DCMR § 110.1 (failure to remedy hazardous conditions liable to cause or contribute to the spread of fire in, or on, the premises, building or structure, or endangering life or property);
5. (e) IFC § 5003.3.1.4 (failure to remedy hazardous conditions arising from defective or improperly installed equipment for handling or using combustible, explosive or otherwise hazardous materials);
6. (f) IFC § 901.6 (failure to inspect, test, or maintain, fire detection, alarm, and extinguishing systems, or mechanical smoke exhaust systems in an operative condition as required by the Fire Code);
7. (g) 12-H DCMR § 111.1.1 (refusal to leave, or interference with the evacuation of other occupants or continuance of any operation after receiving an evacuation order);
8. (h) 12-H DCMR § 109.2.4 (failure to comply with a notice of violation issued by the code official);
9. (i) IFC § 311.2.1 (failure to secure exterior and interior openings of vacant premises);
10. (j) IFC § 603.4 (failure to prohibit the use of portable unvented heaters or fuel fired heating equipment in use groups A, E, I, R-1, R-2, R-3 and R-4);

(k) IFC § 604.1 (failure to maintain and inspect emergency and standby systems in accordance with the Fire Code, NFPA 110 and NFPA 111);

(l) IFC § 904.1 (failure to inspect, test and maintain automatic fire-extinguishing systems (except sprinkler systems) in accordance with the Fire Code and the applicable referenced standards);

(m) IFC § 1004.3 (failure to post occupant load);

(n) 12-H DCMR § 110.1.1 (permitting overcrowding or admitting persons beyond the established occupant load);

(o) 12-H DCMR § 5609.1.1.1 (engaging in the manufacturing, possession, storage or display, sale, setting off, or discharge of prohibited fireworks);

(p) 12-H DCMR § 109.2.6 (tampering, removal, or destroying signs or seals posted or affixed by the code official);

(q) 12-H DCMR § 507.5.2 (failure to maintain a fire hydrant in an operative condition, periodic testing and maintenance as required);

(r) IFC § 510.6 (Failure to maintain emergency responder radio coverage system in operational condition as required by this section of the fire code.);

(s) 12-H DCMR § 1103.6 (failure to install a standpipe system in an existing building as required by this section.);

(t) 12-H DCMR § N106.2 (failure maintain the proper staffing-to-client ratio for infants in a home daycare in accordance with this code section); and

(u) 12-H DCMR § N106.3 (failure maintain the proper staffing-to-client ratio for adults in a home daycare in accordance with this code section).

3401.2 Violations of any of the following provisions shall be a Class 2 infraction:

(a) 12-H DCMR § 308.1.4 (operating charcoal burners and other open-flame cooking devices on a balcony or within ten (10) feet of combustible construction);

(b) IFC § 308.2 (failure to obtain a permit for open flame use in an educational or assembly occupancy);

(c) IFC § 404.2 (failure to prepare and maintain a fire safety and evacuation plan in accordance with this section);

(d) IFC § 405.5 (failure to maintain emergency evacuation drill records);

(e) IFC § 406.3 (failure to ensure employees are provided with fire prevention, evacuation and fire safety training);

(f) IFC § 505.1 (failure to provide approved legible and visible building address identification);

(g) IFC § 507.5.4 (obstructing fire hydrants, department connections or other fire protection system control valves);

(h) IFC § 907.2.11 (failure to install approved single or multi-station smoke alarms in existing dwellings, congregate residences, and hotel and lodging house guestrooms);

(i) IFC § 1030.1 (failure to maintain emergency escape windows operational).

(j) IFC § 403.10.2.2 (failure to prepare, provide, or maintain an Emergency Guide for residential apartment buildings and other R2 occupancies in accordance with the fire code);

(k) 12-H DCMR § 1101.3.1 (Failure to have a life safety evaluation of an existing or newly presented condition in an existing building prepared as ordered by the code official in accordance with this section);

(l) 12-H DCMR Appendix N, § N103.3 (Installation of improper lock type or latches for exits in a home daycare);

(m) 12-H DCMR Appendix N § N106 (Exceeding maximum number occupants allowed to be served in a home daycare in accordance with this code section); and

(n) 12-H DCMR Appendix N § N108.1 (Failure to a fire safety and evacuation plan for a home daycare as required in accordance with this section for the fire code).

3401.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) IFC § 605.3 (failure to provide and maintain required clearance in front of electrical service equipment);

(b) IFC § 1031.6 (obstruction of egress or exit access visibility by placement

Consumers, Commercial Practices, and Civil Infractions

of furnishing or, other objects, or draperies);

(c) IFC § 906.1 (failure to provide fire extinguishers in required occupancies and locations); and

(d) IFC §1030.4 (failure to ensure security bars, grilles and screens over emergency escape windows are releasable or removable from the inside without the use of a key or tool).

3401.4 Violation of any of the following provisions shall be a Class 4 infraction:

(a) IFC § 304.1 (failure to prohibit accumulation of prohibited waste);

(b) IFC § 310.4 (removing, obscuring, defacing, mutilating or destroying “No Smoking” signs);

(c) IFC § 807.5.2.2 (failure to limit artwork and teaching material to not more than twenty percent (20%) on walls of corridors in educational occupancies);

(d) IFC § 806.1.1 (failure to prohibit display of natural cut trees in certain occupancies); and

(e) IFC § 1023.9 (failure to provide stair identification of interior and exterior doors connecting more than three stories).

3401.5 Violation of any provisions of the District of Columbia Fire Code not otherwise listed in Section 3401 shall be a Class 5 infraction.

SOURCE: Final Rulemaking published at 52 DCR 4956 (May 27, 2005); as amended by Final Rulemaking published at 64 DCR 1045 (February 3, 2017); as amended by Final Rulemaking published at 68 DCR 7454 (July 30, 2021).