All walhys on private property shall be maintained in good repair, free of holes and safe for walking purposes.

Material used in making any repair shall be of a quality and kind suitable for the purpose for which it is used, and ofa kind normally used by a good mechanic in the appropriate trade. Each repair shall be done in a workmanlike manner. Tale 14 District of Columbia Municipal Regulations 701.4 Construction details for alterations, additions or other work done as a result of any standard established in thissubtitle shall be accomplished ug& er. permit and in the manner provided in the Building Code, Electrical Code, Plumbing Code, or other building regulations o the District of Columbia, as applicable.

SOURCE: The Housing Regulations of the Districtof Columbia, 5G DCAR 0 01209,2513.2514 end 2515. C. O. 55 1 503 ( August 11,1955), 85 amended by C. O. 58458issued April 1,1958.

702 ROOFS AND CHIMNFES 702.1 The roof shall be maintained so it does not leak, and all rain water shall be drained and conveyed from the roof so that it does not causewet walk or ceilings.

702.2 Each smoke pipe and each chimney shall be adequately supported, free  & omobstruction, and maintained in such conditionthat there willbe no leakage orbacking up of noxious or dangerous gases.

702.3 Each chimney shall be reasonably plumb.

702.4 The total area of all flue openings shall not exceed the net area of the chimney flue.

702.5 unreqUired. openinPSin chimneys shall be closed with masonry.

702.6 All flue openings in chimneys shall be suppiied with flue crocks, or metal or masonry thimbles703 GUTTERS AND DRAINAGE 703.1 All gutters and downspouts shall be properly connected, and shall be maintained in good condition, free of holes and obstructions.

703.2 Water shall be conveyed offpremises in accordance with the plumbing regulations of the District of Columbia 703.3 The ownerof any premises used in whole or in part for residential pu~~~ sesshall cause the yard or area at the premises to be graded and paved so that all drainage flows eeely from all parts of the premises into any saver traps which may have been provided for that purpose.

703.4 If there are no sewer traps, thd drainage shall flowaway from any inhabited building on the 0 premises. .

703.5 Yard spaces and other areas appurtenant to a residential building shall be graded by the owner to avoid the accumulation of water.

SOURCE: The HousingRegulationsof the District of Coiumba, 5G DCRR 8 51203,2510 and 2604. C. O. 55 1503 ( August 11,1955).

7 2 ' 3 Title 14 District of Columbia Municipal Regulations .. L 704 FOUNDATIONS, STRUCI URAL MEMBERS, eEXTERIOR

WALLS704.1 Foundations and structural members shall provide a safe, firm, and substantial base and support for the structure at all points.

704.2 Exterior walk shall be structurally sound and free of cracks and holes through which rodents or the elements can enter the buildings.

704.3 Masonry walls shall be kept pointed.

704.4 Allexterior surfacing materials shall be kept securely fastened in place.

704.5 Allexterior wood surfaces shall be kept painted, varnished, shellacked, or covered with other preservative, unless the wood is customarily used in its natural state.

SOURCE: The Housing Regulationsof the Districtof Columbia. 5G DCAR 5 § 25W and 2512, C. O. 55 1503 ( August 11, 1955).

705 wIM) OWS AND DOORS 705.1 Each window shall be fully supplied with window panes which are without open cracks or . holes. 705.2 Each window sash shall be in good condition and shall fit reasonably well within its frame705.3 Each window, otherthan fixedwindows, shall be capable of being easily opened and held in open or closed position by window hardware.

705.4 Each door, transom, side tight, skylight, door hinge, and door latch shall be in gd condition.

705.5 Each exterior door, when closed, shall fit reasonably well within its frame and shall t w equipped with a lockwhich will permit easy egress without a key but will prevent entrancc to the multi unit dwelling without a key unless the door is opened from the insidr. electrically or otherwise, by one ( 1) ofthe tenants or by an employee of the building ouncr.

705.6 All windows and doors and their frames shall be construckd and maintained in relation to each other and to wall construction to do the following:

( a) ] Exclude rain completely from entering the structure: and ( b) Exclude wind substantially from entering the structure.

705.7 Each basement hatchway shall be constructed and maintained to prevent the entrance of rodents, rain, and surface drainage water into the d3eIiing.

SOURCE: The Housing Regulations ofthe District of Columbia, 5G 0CP. R 52506, C. O. 551503 ( August 11, 1955). u amended by § 2of the Mandatory Lock AmendmentAct of 1984, D. C. Law 5 131.31 DCR 572( November 16, 1984)

7 3 Title 14 District of Columbia Municipal Regulations 706 INTERIOR WALLS, FLOOR, AND CEILINGS 706.1 Each interior wall or ceiling shall be structurally sound and free of loose plaster or other loose structural or surfacing material.

706.2 Each interior wall or ceiling shall be free of holes and wide cracks.

706.3 Each floor shall be structurally sound, reasonably level, and free of holes and wide cracks.

706.4 Each floorshall be free of loose, splintered, protruding, or rotting floor boards.

706.5 The floorsand interior wall surfaces of residential buildings shall be maintained reasonably free of dampness.

706.6 In any habitable room where any wall or floorsurface is damp, that condition shall be corrected, and the wall or floor shall be maintained in a corrected condition.

SOURCE: The Housing Regulations of the Districtof Columbia. X; DCRR § § 2504,2505and2511, C. O. 551503 ( August 11,1955).

707 * PEELING WALL COVEFUNG OR PAINT 707.1 Loose, or peeling wall covering or paint on interior surfaces shall be removed, and the surface so exposed shall be repainted or repapered by the owner, except as provided otherwise in $ 707.2.

707.2 If a room or ceiling is completely replastered and whitecoated, that room or ceiling need not be painted or papered.

707.3 The owner of any residential premises in which there resides a child under the age of eight ( 8) years or to which a child under the age of eight ( 8) years is a regular visitor who spends a substantial portion of his or her time in the premises, shall maintain the interior and exterior surfaces of the residential premises free of lead or lead in its compoundsin any quantity exding five tenths ( 05) of one percent ( 1%) of the total weight of the material ,, or more than seven tenths of a milligram per square centimeter ( 0.7 mg/ cm2), or in any ' quantity sufficient to constitute a hazard to the health of any resident of the residential .' premises of any regular visitor to the residential premises who spends a substantial portion of his or her time in the residential premises.

707.4 The Director of the Department of Housing and Community Development shall order the owner of the residential premises as described in 5707.3 in which a lead poisoning hazard was found to do any of the following:

( a) Remove all materials containing lead or lead in its compounds from the interior or exterior surfaces to their base surface, under the safety conditions approved by the Director of Housing and Community Development, and then either cover surfaces with a paint not containing lead or lead in its compounds in a quantity exceeding five tenths ( 0.5) of one percent ( 1%) of the total weight of the material or seven tenths of a milligram per square centimeter ( 0.7 mg/ cm2) of the material or leave the surfaces in Title 14 District of Columbia Municipal Regulations their natural state: Provided, that the flame spread rating of the natural state is at least equal to that required by the Second Amendment to the 1972 D. C. Building Code.

( b) Covering the interior or exterior surfaces with a durable material approved by the Director of the Department of Housing and Community Development; or ( c) Eliminate the lead hazard by other methods approved by the Director of the Department of Housing and Community Development.

707.5 Inaccessible exterior surfaces shall be scraped to remove peeling and flaking paint and to make the surface tight.

707.6 No surface which is the subject of a notice pursuant to 9707.4 shall be refinished until an inspector from the Department of Housing and Community Development has certified in writing that the condition affecting the surface has been abated in accordance with the   section.

707.7 Any owner who is served with an order pursuant to 9707.4 shall comply with the order within ten ( 10) days of its service upon him or her or shall obtain an extension of the ten ( 10) day period from the Director of the Department of Housing and Community Development. No extension shall exceed thirty ( 30) days, but thirty ( 30) day extensions may be renewed at the discretion of the Director of the Department Housing and Community Development.

707.8 The Mayor of the District of Columbia shall designate an agent of the District of Columbia to inspect any residential premises where there is reason to believe lead may present a health hazard because of the presence of a child under the age of eight ( 8) years who lives in the premises or is a regular visitor to the premises who spends a substantial portion of his or her time there.

707.9 For the purpose of this section, the phrase   a substantial portion of his or her time  means at least ten ( 10) hours per week in the aggregate on a regdar basis.

707.10 The designated agent is authorized to secure specimens of paint, plaster, or structural materials, and to analyze or causean analysis to be made oEthe specimens to determine the quantity of lead or lead in its compounds contained in the material whenever the agent finds any of the following conditions:

( a) Upon inspection findstbe presence of flaking, peeling, chipped orloose paint, plaster, or structural materials on any interior or exterior surface of any residential premises; or @) Has other reasonable grounds to believe that a hazard may exist to the health of any inhabitant of or visitor to the residential premises because of the presence of lead or lead in its compounds on the surfaces.

707.11 The agent may, instead of securing specimens, as described in 9707.10, test a surface with an in situ analyzer device.

707.12 In instances where suspected lead poisoning has been reported and verified, the Mayor or his or her designated agent may cause the inspection of any exterior surface, beyond those Title 14 District of Columbia MunicipaiRegulations ' 4 surfaces specificallydefined in $ 199, and order corrections of any exterior surface condition L found hazardous under $ 707.13; Provided, that tb is a reasonable probability that the exterior surface conditions on the property other than those specificallydefined in $ 199 are related to the reported lead poisoning.

707.13 In any case in which analysis rsveals the presence of lead or lead in its compounds in a quantity exceeding five tenths ( 0.5) of one percent ( 1%) or more of the total weight of materials or seven tenths of a milligram or more per square centimeter ( 0.7 mg/ cm2) or in a quantity othenvise sufficient to constitute a hazard to the health of any inhabitant ofthe residential premises under the age of eight ( 8) years, 01: regular visitor to the residential premises under the age eight ( 8) years who spends a substantial portion of his or her time there, the'agency shall notify the Director of the Department of Housing and Community Development, in writing, within seventy two ( 72) hours, that a lead poisoning hazard exists.

707.14 The Director of the Department of Housing and Community Development shall notify, in Writing, the inhabitants and the owner of record of the property that lead in a quantity sufficient to constitute a hazard was found and that a lead poisoning hazard exists707.15 In order to determine compliance with the provisions of this section, the Mayor and any other duly authorized official of the District of Columbia having jurisdiction over. or responsibilitiespertaining to, any residential premises shall have the right, after presenting Official credentials ofidentification and authority issued by the District ofColumbia either viith orwithout prior notice, to enter upon and into any residentiGrek in which aay, of the followingconditions exist: \

( a) One ( 1) or more children under the age ofeight ( 8) years reside at the premk and there is chipped, peeling, or flaking paint, or other materials on one ( 1) or more surfaces which are reasonably accessible to children under the age of eight ( 8) yean. or ( b) A medical evaluation completed within the sixty ( 60) day period preceding an inspection has revealed the presence of lead toxicit/ in any occupant or regular visitor to the premises who spends a substantial portion of his or her time thcie.

707.16 The entry and inspection pursuant to $ 707.15 shall take place with the least possible disruption to the occupants:

707.17 The right of entry and inspection set forth in $ 707.16 shall be extended to any residential premises which the Mayor has reason to believe are in violation of the provisions of ths section.

707.18 No entry or inspection of any residential premises shall be made without the permission ? f the occupant of. the premises unless a warrant is obtained first from the Superior Court of , the District of Columbia pursuant to D. C. code $ 11 941 ( 1981), authorizing the entry and inspection  or the purpose oEdetermining compliance with provisions of this section.

707.19 Any entry and inspection shall be made with the least possible disruption to the occupants.

SOURCE: The Housing Regulations of the District of Columbia 5G DCRR § 2605. C. 0. 55 1503 ( August 11, 1955); as amended by 52of the Lead Based Paint Poisoning Prevention Act of 1983, D. C. Law 5 35,30 DCR 4156 ( August 19. 1983).

7 6 7 Title 14 District of Coiumbia Municipal Regulations ._  c '

708 STAIRWAYS, STEPS, AND PORCHES 708.1 Stairways, steps, and porches shall be firm, and the walking surfaces shall be sufficiently smooth so as to be readily cleaned and provide safe passageways free of tripping hazards.

708.2 Treadsshall be reasonably level and in any flight evenly spaced.

708.3 Interior stairs more than tivo ( 2) risers high shall have an enclosingwall, balustrade, or other guard on each side, and shall have a handrail on at least one side.

' 708.4 All stair well openings shall have a balustrade or other guard along the entire length of any open or otherwise unprotected side.

708.5 Open porches forty two inches ( 42") or more above the ground shall'have balustrades or other guards not more than forty twoinches ( 42") in height along the entire length of any open, unprotected side.

708.6 Open porches iess than forty twoinches ( 42") but more than twenty fout inches ( 24") above the ground shall have balustrades, or other guards not more than forty two inches ( 42") in height or a top rail not more than forty two inches ( 42") above the porch floor with an intermediate rail approximately midway between the floor and t6r; ail along the entire length of any open unprotected side. i 708.7 Exterior fightsofstairs more than twenty four inches ( 24") in height, attached to buildings or an appurtenance of bddings, including a porch or landing, shall be protected with a handrail, balustrade, or other guard on at least one side.

708.8 If an exterior flight of stairs exten& more than forty two inches ( 427, each side ofthe stairs shall be protected by either a handrail, balustrade, or wall.

708.9 If an exterior flight of stairs is protected by two ( 2) walls, one shall have a handrail which . Will clear the wall by not less than one and one half inches ( 1 la") to provide maximum safety

The vertical distance from the top of any handrail, balustrade, or other guard to the surface708.10 708.11 All steps, rails, balustrades, or other guards shall be of sound material and securely fastened. of any platform or front edge of any stair tread shall be not less than thirty inches ( 30") and not more than forty two inches ( 42").

SOURCE: The Housing Regulations of the Dii~ dof Cdumbia, 5G DCRR § 2508. C. O. 551503 ( August 11. 1955); as , amended by C. O. 66313issued March 8. 1966, 12 DCR 198 ( March 28.1966).

.

799 DEFINITIONS 799.1 Theprovisions of $ 199 of chapter 1 ofthis title and the definitions set forth in that section shall be applicable to this chapter. 22 DCMR, Section 118 There is also a provision of the Public Health Regulations ( 22 DCMR, section 118) which outlaws the use of lead based paint. J' 1 15 115.13 $ 116:

117 117.1 117.2 117.3 1 MATTRESSES ( Continued)

Any person violating any of the provisions of this section shall, upon conviction, be punished by a fine of not less than ten dollars, ($ 10) or more than forty five dollar?($ 45) for each offense.

RESERVED BEST COW AVAILABLE COMN USE OF CERTAIN ARTICLES No person shall provide or expose, or permit in any place under his or her control the provision or exposure, for common. use or reuse, whether by purchase, rental, exchange as a service, or by any other similar arrangement, any article that may come into intimate personal contact with its user, unless the fol owing requi rements are met:

( a) Since last used, the article shal have been thoroughly and effectively cleaned, and either d sinfected or sterilized by a method approved by the Director; and ( b) The article shall be clean at the time it is presented for use.

As used in this section, the phrase " article which may come into intimate personal contact with the user" shall mean any article that in normal use may reasonably be expected to transmit disease germs, parasites, ectoparasites, or filth from one user to the next user. This phrase shall not include any article primarily intenaed for use, or used, manually.

Any person violating any of the provisions of this section or failing to comply with the provisions of this section shall be punished by a fine of not more than three hundred dollars ($ 300).

LEAD PAINT It shall be unlawful for any person to apply to any toy, article of furniture, or interior or exterior surface of any habitation, paint Or any other similar surface coating material containing lead cumpounds of which the lead content ( c'alculated as the metal ) exceeds five tenths of one percent ( 0.5%) of the total weight of the contained solids or dried paint film.

1 19 a I 118 LEAD PAINT ( Continued)

118.2 It shall be unlawful for any person to offer for sale or sell any ,, paint or other similar surface coating material intended, or packaged "'!

in a form suitable for use, on toys, furniture, or in or around habitable premises, which contains lead compounds of which the lead content ( calculated as the metal) exceeds five tenths of one percent ( 0.5%) of the total weight of the contained solids or dried paint film.

118.3 For the purposes of this section, " exterior surface'' shall mean any surface on the exterior of any residential building; including, but not limited to, any portion of a window, window frame, door, door frame, wall, stair, porch, balcony, rail, or other guard or appurtenance.

118.4 For the purposes of this section, " interior surface" shall mean any surface in the interior of any residential building; including, but not limited to, any portion of a window, window frame, door, door frame, wall, ceiling, stair, rail, spindle, balustrade, or other guard or appurtenance.

118.5 Any person who violates any provision of this section shall, upon conviction, be punished by a fine not to exceed three ($ 300) or by imprisonment not to exceed ten ( 10) days for each violation .

118.6 Any physician who diagnoses or treats a case of lead ntoxi cat ion $ shall, within seventy two ( 72) hours, report the case to the Director I on a form prescribed and furnished by the Director.

119 ILLEGAL USE OF GLUES CONTAINING A SOLVENT HAVING THE PROPERTY OF RELEASING TOXIC VAPORS OR FUMES \ I 119.1 No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of his or her brain or nervous system, intentionally smell or inhale the fumes from any glue containing a solvent which has the property of releasing toxic vapors or fumes; Provided, that nothing in this section shall be interpreted as applying to the inhalation of any anesthesia far, medical or dental purposes.

BEST COPY AVAILABL 1.  20 3 D. C. Law 2 28 PUBLIC PROPERTY LEAD ELIMINATION ACT OF 1977 There are the provisions in D. C. Law 2 28, Public Property Lead Elimination Act of 1977, which authorize lead hazard inspection, analysis and repair of all public buildings and publicly operated residences belonging to or in the possession of the District of Columbia which are regularly frequented by children under six ( 6) years. If the analysis finds a lead hazard exists then the lead condition must be repaired. ....

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'. D. C LAW 2 28 " Public'kroperty Lead Eliminztion ...

Act of 1977n. ...

Pursuant to Section 412 of the District of Colunbia Self Government and Governmental Reorgznization Act ( PL 93 198) I the Act, the Cokcil of the District of Columbia adopted Bill ....  NO. 2 85 on first and second readings June 28, 1977, and ~ '> July 12, 1977, respectively. Following the sigmture of the August I, 1977, this legislation wzs essisriec Act s KO. 2 63, published in the August 19, 1977, eeition cf the D. C. Register, and transmitted to both Ecuses of Congress for a 30 day review, in accordance with Section 6C2( c) ( 1) of the Act.

_. The Council of the District of Colunbie hereby gives notice that the 30 day Congressional Review Period has expired and, therefore, cites the following legislation as D. C. Law 2 28, effective October 26, 1977.

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or in a quantity Othemise sufficient to constitite; a hazard catfse " de lead condition to be reaaircd:

reszirs shzll be of a strfZicient quality to equal or exceed that required of private housing located in %\ e Dispict of Columbia pursuant to regulations promulgated with respect to houshg in the District of ColuzSia.

( b) Tbn an inspection mandated by subsection ( a) of this section indicates C sc necessity for a repair, t.% e repair sfiall begin not later. L\ an ten ( 10) days aft= the inspection.

( c) All inspections maated by subsection ( a) of this  J. section shall be cOPmP? ced within one h&& et! an2 eighty ( 190) days after the effective date of this act,

Sec. 3, ( a) There is hezeby authorized to be appropriated from the fmds available to the Goverment of %\ e District of Columbia the budget an aount not to.

exceed one nillion, one hundred ond twenty thousand dollars ($ 1,120,' 000) for the fiscal year co acing on October I,

1978 to carzy out the purposes of tle act: PROVIDED,

BOIk'CVCR, That grant funds available to the Govement of the District of ColrtnLia may be expended to carry out the purposes of this act wit!! out regard to any limitation ifr this section. I / ..

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( 5) In each fiscal year comcncing on or aft& October 1, 2379, fifty thousand dollars ($ 50,000) aze autSozized to be appropriated to carry out t.% s act: PXOVIDZD, T' ut authorization is hezeby granted to eqezd fuds in any fiscal. gear comencing OD or after Octobez I, 1379 ug to the  amount aut!! oriz. ed in subsection ( a) of this section but not appropriated & the fiscal year c qcing on OctoSer I,

1978.

See. 4. This act shall become Law as ;? roviSeC for acts of the Council of the District of ColunSia in sec&& on 602( c)( I) of t!! e Dis& diCt 02 Columbia Self Goverzuzctlzt . and Governmental Reorganization Act: PEUVIXD, IiOfZ'VEX,, That ' 7. section 2 of this act shall not take effect until the , i . I provisions of secLAon 3 of ' this act ar= inpleniented.

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W \_ \ 7. D. C. Code Section 9 302 There are regulations in D. C. Code 59 302, which authorize lead hazard inspection, analysis and repair of all public buildings and publicly operated residences belonging to or in the possession of the District of Columbia which are regularly frequented by children under six ( 6) years. If the analysis finds a lead hazard exists then the lead condition must be repaired.  § 9 301 PUBLICBUILDINGSAND GROUNDS CHAPTER AND IMPROVEMENTS. 3. REPAIRS sec. sec. . 9 301. Authorization to establish working 9 303. Same  Appropriations. fund. 9 302. Inspection of public buildings for lead . paint  Required.

0 9 301. Authorization toestablish working fund.

On and after July 1, 1954, work performed for repairs and improvements may be by contract or otherwise, except for amounts exceeding $ 5,000 which shall be determined by the Mayor of the District of Columbia; and the Mayor is authorized to establish a working fund for such purposes without fiscal year limitation, said fund to be reimbursed for repairs and improvements performed under that fund & om fundsavailable for these purposes, and payments are authorized to be made to said fund in advance if required by the Director of the Department of General Services subject to subsequent adjustments, bm fundsavailable for necessary expenses, including allowances for privately owned automobiles. ( July 1,1954,68Stat. 393, ch. 449, § 5; July 23,1959, 73 Stat. 238, Pub.' L. 86 104,8 15; Apr. 8,1960,74 Stat. 30, Pub. L. 86 412, 3 15; 1973Ed., 8 9 501.)

Referencea in text.  The Department of Buildings and Grounds was replaced by the Department of General Services by Commissioner's Order 69 96, dated March 7,1969. The functions of the Department of General Services were transferred, in part, to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1,1984, and transferred, in part, to the Department of Administrative Services by Reorganization PIan No. 5 of 1983, effective March 1.1984. 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 Establiihment of the District of Columbia and its VariousForma of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3of 1967( seeReorganization 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. 818,4 711( D. C. Code, 8 1 211), abolished the District of Columbia Council and the Wce of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the OEce of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to 0 714( a) of such Act ( D. C. Code, 0 1 213( a)), appropriate changes interminology were made in this section.

0 9 302. Inspection of public buildings for lead paint  Required. ( a) The Mayor of the District of Columbia is hereby authorized and directed to inspect for the presence of lead paint in all public birildings and publicly operated residences belonging to or in the possession of the District of Columbia and regularly frequented by children under 6years of age. Where there are reasonable grounds to believe that a hazard exists to the health of such children because of the presens of lead or lead compounds in the paint, plaster, or structural materials of any such interior surface, the Mayor shall cause an analysis to be made of the paint, plaster, or structural materials of the interior structure to determine the quantity' of lead or lead compounds contained in the material. If the analysis reveals the presence of lead or lead . 272  REPAIRS m IMPROVEMENTS ComDounds in a quantity in excess of 1 milligram per square'centimeter of surfice or in a quantity otherwise sufficientto constitute a hazard to the health of any user of the building, the Mayor shall cause the lead Eondition to be repaired: Provided, that the repairs shall be of a sufficient quality to equal or exceed that required of private housing located in the District of Columbia pursuant to regulations promulgated with respect to housing in the District of Columbia. ( b) When an inspection mandated by subsection ( a) of this section indicates the necessity for a repsr, the repair shall begin not later than 10days after the inspection. ( c) All inspections mandated by subsection ( a) of this section shall be commenced within 180 days after October 26,1977.( 1973Ed., Q 9 502; Oct. 26,1977, D. C. Law 2 28,6 2,24DCR 3721.)

Section references.  This section is re tively, Signed by the Mayor on Allgust 1,1977, ferred to in § 9 303. it was assignedAct No. 2 63and transmitted to Legislative history of Law 2 28.  Law both Houses of Congress for ita review. 2 28, the " Public Property Lead Elimination New implementing regulations.  Pur Act of 1977," was introduced in Council and suant to this section, the followingnew regulaassigned Bill No. 2 85, which was referred to tions were adopted in 1983: The " Lead Based the Committee on Government Operations. The Paint Poisoning Prevention Act of 1983"( D. C. $ Bill was adopted on first and second readings Law 5 35, Oct. 8,1983,30DCR 4156): on June 28,1977 and July 12, 1977,

respec0 9 303. Same  Appropriations. ( a) There is hereby authorized to be appropriated from the funds available to the government of the District of Columbia in the budget an mount not to exceed $ 1,120,000for the fiscal year commencing on October 1,1978, to carry out the purposes of this section and Q 9 302: Provided, however, that grant fundsavailable to the government of the District of Columbiamay beexpended to carry out the purposes of this section and Q 9 302without regard to any limitation in this section. ( b) In each fiscal year commencing on or after October 1, 1979,$ 50,000are authorized to be appropriated to cany out this section and Q 9 302: Provided, that authorization is hereby granted to expend hds in any fiscal year commencing on or & r October 1, 1979, up to the amount authorized in subsection ( a) of this section but not appropriated in the fiscal year commencing on October 1,1978.( 1973Ed., 0 9 503; Od. 26,1977, D. C. Law 2 28, § 3, 24 DCR 3721.)

Legislative history of Law 2 28.  See note to 8 9 302.

273 DOCoLAW 6 66 STUDENT HEALTH CARE ACT OF 1985 There are the provisions of the Student Health Care Act, which requires a test for blood lead level upon entry of a student six ( 6) years of age into a school or child development facility. AN ACT D, Ca ACT 1.0 61 . JULY 29, 1993 .. c lstrlct of. Columbfa V .. .

.. APPROVED: July 29, 1993 c D. C. CODE SECTION 31 2401 et seq. STUDENT HEALTH CARE Regulations forthe provisions of the Student Health Care Act, which requires a test for blood lead level upon entry of a student six ( 6) years of age into a school or child development facility are provided in D. C. Code, Section 31 2401 et seq. 0 31 2401 EDUCATION INSTITUTIONSAND CULTURAL CHAPTER HEALTH24. STUDENT CARE.

Subchapter I. GeneralProuisions. firbchapter II. Public School Nurses.

SeC. Sec. 31 2401. Definitions. 31 2421. Assignment to schools; hours; level of 31 2402. Examination requirements; certifi services; nurse or athletic trainer cabs of health, testing for lead at sponsoredathletic events; fund poisoning and dental health. ing. 31 2403. Exemption for religious beliefs. 31 2404. Notice of noncompliance; attendance Subchapter III. Administration of Medication unafFected. by Public School Employees. 31 2405. Fee for examination by public health authorities; indigency. 31 2431. Dethitions. 31 2406. Duty to obtain treatment. 31 2432. Administration of medication by a 31 2407. Student health files. public school employee. 31 2408. Joint administration by Mayor and 31 2433. Requirements for the licensed practi Board of Education; rules. tioner. 31 2409. Protection & om liability. 31 2410. Reporting and studies of lead poison 31 2434. Rules and regulations for impiemening tests. tation of subchapter.

Subchapter I. General Provisions.

Editor s notes.  Because of the enactment include $ 8 31 2401through 31 2409, has been of subchapter II of thie chapter by D. C. Law designated as subchapter I of this chapter. 7 45, the preexisting text of this chapter, to 0 31 2401. Definitions.

For the purposes of this subchapter: ( 1)   Adult student  and   minor student  mean those terms as they are defined in Q 499 of the Board of Education Rules, effective July 29, 1977 ( 5 DCMR 2099). ( 2)   Certifiednurse practitioner  means a registered nurse who is licensed in the United States or its territories, has had postgraduate education and training in pediatrics, adolescent medicine, or the assessment . and care of school aged children, and is certihi as a nurse practitioner by the American Nurses  Association, the National Board of Pediatric Nurse Practitioners and Associates, or any other certifying organization acceptable to the Mayor. ( 3)   District  means the District of Columbia. ( 4)   Physician  means an individual who is licensed to practice medicine in the United States or its territories and has had postgraduate education or training in pediatrics or adolescent medicine. ( Dec. 3, 1985, D. C. Law 6 66, 0 2,32DCR 6086.)

Legislative hietory of Law 6 66.  Law signed Act No. 6 89and transmitted to bth 6 66,   Student Health Care Act of 1985,  was Houses of Congress for its review. introduced in Council and assigned Bill No. Shorttitle. The first section of D. C. Law 6 135, which was referred to the Committee on 6 66 provided % at this act may be cited as Education and reassigned to the Committee on the   Student Health Care Act of 1985 .  HumanServices. The Bill was adopted on first Editor  s notea  Because of the codificaand second readings on September 10, 1985, tion of D. C. Law 7 45 as subchapter I1 of this and September 24,1985, respectively. Signed chapter, and the designation of the preexisting by the Mayor on Odober 9,1985, it was as text of Chapter 24 as subchapter I,   subchap 296 tern has t introductc 0 31 2 ( a) E: private lst, 3rd. a certifi practitic before t requirec ( a 1) center, . kinderg, student ( b) poisonir menis fi student! submiss student: ( c) m for lead sufficien cate of America ( d) El prekind4 ic s pxis requireo D. C. La1 DCR 571 Legisla noteto § :

Certifi be requi examina guardiar statemei the exai practice: ) I Nurses.

hours; level of ithletic trainer : c events;

hdof Medication   lyees.

dication by a   yee. icensed practifor impiemen

J409, has been is chapter.

is they are 29, 1977 ( 5 ) is licensed ication and tnd care of e American tioners and . Mayor.

. e medicine lucation or Law 6 66,

itted to both 1 of D. C. Law v be cited as 985 .  the codifica terI1 of ths f: preexisting I,   subchap STUDENT CARE 0 31 2403HEALTH ter  has been substituted for   chapter  in the introductory language.

3 31 2402. Examination requirements; certificates of health, testing for lead poisoning and dental health.

( a) Except as provided in 0 31 2403, whenever a student attending public or private school in the District enters prekindergarten, kindergarten, and the lst, 3rd, 5th, 7th, 9th, and 11th grades, he or she shall furnish the school with a certificate of health completed and signed by a physician or certified nurse practitioner who has examined the student not more than 150 calendar days before his or her 1st day of school. The examination shall cover all items required by the certificate of health form for the student s particular age group. ( a 1) Upon entry of a student under 6 years of age into a licensed day care center, Head Start or similar early childhood program, prekindergarten, kindergarten or first grade in a public or private school in the District, the student shall furnish the school with a certificate of testing for lead poisoning. ( b) The Mayor shall establish requirements for periodic testing for lead poisoning and dental examinations. The Mayor shall also establish = quimenta for the submission of certificates of testing for lead poisoning for the students subject to the provisions of subsection ( a 1) of this section, and submission of certificates of dental health for elementary and secondary school students. ( c) The Mayor shall develop standard forms for certificates of health, testing for lead poisoning and dental health and shall make blank forms available in sufficient quantities to carry out the purposes of this subchapter. The certificate of health form shall contain at a minimum all items required by the American Academy of Pediatrics for each relevant age group. ( d) Except as provided in 31 2403, the Mayor may require that prekindergarten, elementary, and secondary school students who participate in special programs or have been exposed to certain hazards meet examination requirements in addition to those established by this subchapter. ( Dec. 3,1985, D. C. Law 6 66, p 3,32 DCR 6086; Oct. 15, 1993, D. C. Law 10 29, O 2( a)( c), 40 DCR 5752.)

Legislative history of Law 6 66. See Legislative history of Law 10 29. See note to 8 31 2401.   note to 8 31 2410.

3 31 2403. Exemption for religious beliefs.

Certificates of health, testing for lead poisoning and dental health shall not be required under this subchapter, and no physical, lead poisoning or dental examination shall be required by the Mayor, if a minor student s parent or guardian or an adult student submits in good faith a written notarized statement to the principal or other appropriate school official affirming that the examination( s) in question would violate the established tenets and practices of the parent s, guardian s or student s church or religious denomi297   6 31 2404 EDUCATION INSTITUTIONSAND CULTURAL nation. ( Dec. 3, 1985, D. C. Law 6 66, 4,32 DCR 6086; Oct. 15, 1993, D. C. a student be exclu Law 10 29, 4 2( d), 40 DCR 5752.) this section. ( Dec.

Section references.  This section is re Legislative history of Law 10 29. See Section referenceferred to in 5 31 2402. note to 8 31 2410. ferred to in 8 31 2406Legislative history of Law 6 66. See note to 5 31 2401. 9 31 2406. DU 0 31 2404. Notice of noncompliance; attendance unaffected If a student is c shall be his or he ( a) No student shall be excluded from school on account of his or her failure his or her parent to furnish a required certificate of health, testing for lead poisoning or dental necessary for him health. If a certificate of health, testing for lead poisoning or dental health is is not available not furnished when required, the principal or other appropriate school official treatment is mac shall give both oral and written notice to a minor student s parent( s) or consent of the p guardian or an adult student that submission of the certificate is required by District law, min law. The notice shall explain how to contact the public health authorities for provided in 6 31 the purpose of having the student examined if private health care is not Legieiative histoavailable or desired. If aRer 30 calendar days the student has still not note to ! j 31 2401. furnished the required certificate of health, testing for lead poisoning or dental health, the principal or other appropriate school official shall inquire into 0 31 2407. Si whether the student has had an examination. If the student has not been given an examination and none is scheduled, the principal or other appropriate ( a) TheBoard school official shall notify the public health authorities, who shall make prompt Mayor, with re and, if necessary, continuing efforts to secure the consent of the parentis), procedures regu guardian, or adult student so that the student may as soon aspossible be given maintain health the required examination( s) either in a public health facility or at school. all health relate ( b) Notwithstanding the provisions in subsection ( a) of this section, any ( b) Astudent parent or guardian who, without good cause, fails to comply with the provi furnished pursu sions of this subchapter or any rule issued pursuant to 0 31 2408 shall, at the inspection, disc1 discretion of the Mayor, be subject to a fine not to exceed $ 100 per school year. federal law. ( Dit. ( Dec. 3,1985, D. C. Law 6 66, P5,32 DCR 6086; Oct. 15,1993, D. C. Law 10 29, § 2( e), 40 DCR 5752.) Legislative hist note to 8 31 2401. Legislative history of Law 6 66. See Legislative history of Law 10 29.  See note to 8 31 2401. note to 8 31 2410. 6 31 2408. J 9 31 2405. Fee for examination by public health authorities indigency. The Mayor A fee, based on rates to be established by the Mayor, shall be charged to a subchapter and minor student s parent( s) or guardian or an adult student when the student of Title 1, to car has been examined by public health authorities pursuant to this subchapter 6086.1 and the parentb), guardian, or adult student is not indigent. The Mayor shall Section referei define   indigency  under this section and may establish a sliding scale of ferred to in 5 31 2 partial payment based on the parents , guardian s, or adult student s reason able abiiity to pay some of the examination costs. Under no circumstances shall 298 STUDENT CARE 6 31 2408HEALTH 3, 1993, D. C.

IW 10 2s. see nce unafor her failure ling or dental ntal health is school official parentk) or s required by uthorities for 1 care is not has still not ling or dental inquire into at been given ' appropriate IT I prompt ht , arent( s), iible be given t school. section, any th the provishall at the r school year. J. Law 10 29,

w 10 29.  See L authoricharged to a the student .; subchapter Mayor shall ! ing scale of , nt's reason ; tames shall a student be excluded from school pending the payment of a fee imposed under this section. ( Dec. 3, 1985, D. C. Law 6 66, 4 6, 32 DCR 6086.)

Section ceferexscea  This section is re Legislative history of Law 6 66. See ferred to in 4 31 2406. note to 4 31 2401.

8 31 2406. Duty to obtain treatment.

If a student is excluded from school pursuant to $ 4 6 117 through 6 130, it shall be his or her responsibility if an adult student, and the responsibility of his or her parentb) or guardian if a minor student, to obtain any treatment necessary for him or her to resume attendance at school. If private health care is not available or desired, the Mayor shall ensure that the necessary treatment is made available by public health authorities after obtaining the consent of the parent( s), guardian, adult student, or, when authorized by District law, minor student. Fees shall be determined in the same manner as provided in $ 31 2405.( Dee. 3, 1985, D. C. Law 6 66, 8 7, 32 DCR 6086.)

Legidetive history of Law 6 66. See note to 5 31 2401.

9 31 2407. Student health files.

( a) The Board of Education, with respect to public school students, and the Mayor, with respect to private school students, shall establish uniform procedures requiring elementary and secondary schools in the District to maintain health files for each student. Each student's health file shall contain all health related documents submitted by or on behalf of the student. ( b) A student's health file and all certificates of health and dental health hrnished pursuant to this subchapter shall be confidential and subject to inspection, disclosure, arid use only as provided by applicable District and federal law. ( Dec. 3, 1985, D. C. Law 6 66, 4 8, 32 DCR 6086.)

Legislative history of Law 6 66. See note to P 31 2401.

0 31 2408. Joint administration by Mayor and Board of Education; rules.

The Mayor and the Board of Education shall jointly administer this subchapter and each shall issue rules pursuant to subchapter I of Chapter 15 of Title 1, to cany out its purposes. ( Dec. 3,1985, D. C. Law 6 66, O9,32 DCR 6086.)

Sedion references.  This section is re Legislative history of Law 6 66.  See ferred to in 0 31 2404. note to 4 31 2401.

299 5 § 31 2409 EDUCATION INSTITUTIONSAND CULTURAL practical nurses s0 31 2409. Protection from liability. and in general co ( c) Any school Neither the District government or its agencies, officials, and employees nor nurse services prt any private school or its officials and employees shall be subject to civil or that level of sen 1 from information contained in a student's health file, or to obtain treatment for a student solely on account of such information. ( Dec. 3, 1985, D. C. Law 6 66, 0 10, 32 DCR 6086.) registered nurse based on a reduc requiring special ( d) Appropriat Legislative history of Law 6 66. % e note to 8 31 2401. Education in acc consultation with Board of Educat § 31 2410. Reporting and studies of lead poisoning tests. sponsored by a DI requiring medica ( a) The Mayor shall establish requirements for the mandatory reporting of all lead poisoning tests conduded in the District of Columbia. not limited to: ( 1) A license ( 2) Aregiste criminal liability for failing to recognize or communicate a need for treatment section, whichevc ( b) The Mayor shall use the data collected in subsection ( a) of this section to ,( 3) Acertifieconduct an epidemiological study for the purpose of preventing future lead ( 4) An emer poisoning. The Mayor shall submit the study to the Council of the District of ( 5) A certifie Columbia within 2years from October 15,1993.( Dec. 3,1985, D. C. Law 6 66, Department of H9 loa, as added Oct. 15,1993, D. C. Law 10 29, s2( f), 40DCR 5752.) ( 6) An adul cardiopulmonary Legishkve history ofLaw 1049.  D. C. ings on June 29, 1993, and July 13, 1993, Law 10 29, the ' Student Health Care Amend respectively. Signed by the Mayor on July 29, ment Act of 1993," was introduced in Council 1993, it was assigned Act No. 10 61and trana and assignedBill No. 10 54, which was referred mitted to both Houses of Congress for ita re to the Committee on Education and Libraries. view. D. C. Law 10 29became effective on Octo ( eX1) Appropr injury involved 1 that shall be prc District and that The Bill was adopted on first and second read ber 15,1993. detailed as follov ' I ( A) For fo Subchapter II. Public School Nurses. ( B) For bi events, or cross § 31 2421. Assignment to schools; hours; level of services; registered nurse nurse or athletic trainer at sponsored athletic provider, as dete ( C) For v( events; funding. medical doctor, c any other certifi( a) A registered nurse shall be assigned to each District of Columbia Department of(" District") elementary and secondary public school a minimum of 12hours per current certificatweek during each semester and during summer school if a summer school ( D) For tc program is operated. financial resourc( b)( l) The minimum hours per week of registered nurse services at each ( E) For a school shall increase from 12 to 16 hours per week beginning 1 year aRer coverage, commt December 10,1987. The minimum hours per week of registered nurse services Superintendent at each school shall increase from 16 to 20 hours per week beginning 2years Director, Depart after December 10, 1987. ( 2) The met ( 2) Licensed practical nurses may be used to supplement the registered minimum hours nurse work force in meeting the required 20 hours per week minimum this section. registered nurse services at each elementary and middle school. The licensed 300 I L md employees nor subject to civil or ieed for treatment tain treatment for 35, D. C. Law 6 66,

mning tests.

ltory reporting of a.  of this section to lting hture lead of the District of i, D. C. Law 6 66, : R 5752.)

md  hly 13, 1993,   r on July 29,   Jo. .61and trans Congress for its rene effective on Octoofservices red athletic : t of Columbia of 12 hours per iummer school xrvices at each : g1 year after nurse services inning 2 years the registered   eli minimum The licensed practical nurses shall perform their duties under the appropriate supervision and in general collaboration with the registered nurses. ( c) Any school that, on May 1, 1987, exceeded the standards for registered ,

nurse services prescribed by subsection ( a) or ( b) of this section shall cont kue that level of service, or the level prescribed by subsection ( a) or ( b) of this section, whichever is greater. No reduction shall be made in the level of registered nurse services at any school except in response to a reduced need based on a reduced student enrollment or a reduced proportion of students requiring special services because of handicapping conditions. ( d) Appropriate medical coverage, asdefined in rules issued by the Board of Education in accordance with subchapter I of Chapter 15 of Title 1, and in consultation with the Director, Department of Health, shall be provided by the Board of Education at any interscholastic athletic event if the event is sponsored by a District public school, occurs in the District, and is identified a8 requiring medical coverage by rule. This medical coverage may include, but is not limited to: ( 1) A licensed medical doctor; ( 2) A registered nurse; ,( 3) A certified athletic trainer: ( 4) An emergency medical technician (  EMT ) or paramedic; ( 5) A certsed prehospital care provider ( asdetermined by the Director, Department of Health); or ( 6) An adult trained by the Red Cross with current certification in cardiopulmonary resuscitation (  CPR ), first aid, or life saving. ( eX1) Appropriate medical coverage shall be consistent with the risk of injury involved in the interscholastic athletic event. The medical personnel that shall be present at an interscholastic athletic event that occurs in the District and that is sponsored by a District secondary public school shall be detailed as follows: ( A) For football, a licensed medical doctor; ( B) For basketball, wrestling, soccer, indoor or outdoor track and field events, or cross country, at least 1 licensed doctor, certified athletic trainer, registered nurse, EMT or paramedic, or any other certified prehospital care provider, as determined by the Director, Department of Health; ( C> For volleyball, baseball, softball, or swimming, at least 1. licensed medical doctor, certified athletic trainer, registered nurse, EMTor paramedic, any other certified prehospital care provider, as determined by the Director, Department of Health, or adult trained by the American Red Cross with current certification in CPR, first aid, or lifesaving; ( D) For tennis or golf, medical personnel coverage shall be optional as financial resources allow; and ( E) For any other sport, the appropriate level of medical personnel coverage, commensurate with the risk of injury involved, shall be set by the Superintendent of Schools of the District of Columbia, in consultation with the Director, Department of Health, and approved by the Board of Education; and ( 2) The medical personnel coverage services shall be in addition to the minimum hours of registered nurse services required by subsection ( a) or ( b) of this section.

301 7 § 31 2421 EDUCATIONAND CULTURAL INSTITUTIONS ( 0 Sufficient bds to carry out the requirements of this section shall be appropriated out of the general revenues of the District. ( gf Beginning with the fiscal year 1991, the responsibility for implementation of this act shall be transferred from the Department of Human Services to the Board of Education. ( Dec. 10,1987, D. C. Law 7 45, O 2,34 DCR 6845; July 25,1990, D. C. Law 8 149, 5 2, 37 DCR 3717; Aug. 17, 1991, D. C. Law 9 29, 6 2, 38 DCR 4213; Mar. 20, 1998, D. C. Law 12 60, § 401, 44DCR 7378.)

Effect ofamendments.  D. C. Law 12 60 substituted   Director, Department of Health  for   Commissioner of Public Health  in the introductory language of ( d) and in ( dX5), ( eMl)( B),( eXl)( C), and ( eXlXE). lkmporary amendment of section.  D. C. Law 12 59 substituted Virector, Department of Health  for   Commissioner of Public Health  in the introductory language of ( d) and in ( d)( 5), ( eXl)( B), ( eXlXC), and te)( l)( E). Section 2001( b) of D. C. Law 12 59 provided that the act shall expire a% r 225 days of its having taken effect. Section 2002 of D. C. Law 12 59provided that the act shall apply of October 1, 1997. Emergency act amendments. For temporary amendment of section, see $ 401 of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 ( D. C. Act 12 152, October 17, 1997, 44DCR 6196), and $ 401 of the Fiscal Year 1998 & vised Budget Support Congressional Review Emergency Act of 1997 ( D. C. Act 12 239, January 13, 1998, 45 DCR 508). Section 2002 of D. C. Act 12 152 provides for the application of the act. Legislative history of Law 7 45. Law 7 45,  District of Columbia Public School Nurse Assignment Act of 1987,  was introduced in Council and assigned Bill No. 7 47, which was referred to the Committee on Human Services. The Bill was adopted gn first and second readings on July 14,1987, and September 29,1987, respectively. Signed by the Mayor on October 16, 1987, it was assigned Act No. 7 78 and transmitted to both Houses of Congress for its review. Legislative history of Law 8 130.  Law 8 130 was introduced in Council and assigned Bill No. 8 528. The Bill was adopted on first and second readings on February 27, 1990, and March 13, 1990, respectively. Signed by the Mayor on March 27, 1990, it was assigned Act No. 8 182 and transmitted to both Houses of Congress for its review. Legislative history ofLaw 8 149.  Law 8 149 was introduced in Council and. assigned Bill No. 8 511, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on May 1, 1990, and May 15,1990, respectively. Signed by the Mayor on May 30,1990, it was assigned Act No. 8 207 and transmitted to both Houses of Congress for its review. Legislative history of Law 9 19.  Law 9 19 was introduced in Council and assigned Bill No. 9 205. The Bill was adopted on first and second readings on May 7, 1991, and June 4, 1991, respectively. Signed by the Mayor on June 21,1991, it was assigned Act No. 9 43 and transmitted to both Houses of Congress for its review. Legis tative history of Law 9 29.  Law 9 29 was introduced in Council and assigned Bill No. 9 160, which was referred to the Commit on Education and Libraries. The Bill was adopted on first and second readings on June 4, 1991, and June 18, 1991, respectively. Signed by the Mayor on July 2, 1991, it was assigned Act No. 9 56 and transmitted to both Houses of Congress for its review. Legislative history of Law 12 59.  See note to g 31 2218. Legislative history of Law 1260.  See note to $ 31 2218. References in text.   This act  referred to in ( g) is D. C. Law 8 149. Application ofLaw 12 60.  Section 2002 of D. C. Law 12 60 provided that the act shall apply as of October 1, 1997. Private action mandating compliance approved.  This section creates an implied private right of action. Because the District conceded that it had never complied with this section and has raised on appeal only the issue of whether this section creates an implied privati right of action, it follows that the trial court properly granted summaryjudgment for appellee parents on the claim under this sec. tion as well as permanent iqjunctive relief mandating compliance. Kelly v. Parents United for D. C. Pub. Sch., App. D. C., 641 A. 2d 159 ( 1994). Section 1983 claim not available.  Since no other additional kind of remedy would provide any greater, more expedient protection of appellee parents presumed property interest in school nurses than injunctive relief, and bemuse District of Columbia procedures were deemed constitutionally adequate, there was no 42 U. S. C. 8 1983 violation and attorney fees under the federal statute were not recoverable. Kelly v. Parents U D. C.. 641 A. 2d 15 Subchapter 6 31 2431.

For purpose ( 1)  Adm ( A) Thf ingestion, inh ( B) SUI stances only. ( 2)   Gene ( A) Ar school emplo! device; and ( B) The ner is not req ( 3)   Lice1 nurse. ( 4)   Lice1 or advanced r ( 5)   Medment regarde or the normal ( 6)   Pres practitioner c mouth, teleph writing by tht ( 7)   Prin ( 8)   Stud public school I of Columbia p 10 55, 9 2, 4 Legislative h Law ~ 10 55, the . by Public Schooi introduced in C 10 14, which wa. Education and L on first and secc and September by the Mayor o signed Act No. 1 Houses of Cong 10 55 became ef itt 111 \ 302 b 29 DCMR, Section 327.4 CHILD DEVELOPMENT FACILITIES REGULATIONS There is a provision in the Public Welfare code, Title 29 Section 327.4 of the DCMR that requires that in child development facilities, all items that children may touch and all interior surfaces of the building be maintained free of lead. 326 RECORDKEEPING ( Continued)

326.7 A record containing the following information shall be maintained by . each child development facility for each of its employees:

( a) The name and address of employing facility;

( b) The employee's name in full;

( c) Sex;

( d) Birthdate;

( e) Home address;

( f) Title of position;

( 4) Duties;

( h) Qualifications ( attach copy of curriculum vitae);

( i) Date of appointment to present position;

( j) Date of health exam; and k) The employee's health record including physician's opinion concerning empldyee's general physical condition, freedom from@,!,,,, disease in a comnunicable form and ability to work closely witt or care for infants or children without'danger to the infants or children; date of chest x rays; when indicated, date of laboratory tests for comnunicable disease; physician's signature address and telephone number; and health insurance information.

327 PHYSICAL REQUIREMENTS OF FACILITIES 327.1 All child development facilities shall1 conform with the Building Cod of the District ( DCMR Title 12, as amended by the provisions of Reg. No. 74 34), the Health Regulations of the District of Columbia ( DCMR Title 22), and all other applicable Oistrict rules and regulations.

327.2 In d facility that houses both infants and children, expect child development homes, the physical requirements for the infants shall apply, unless the area housing the infants is maintained as a separate fire area.

327.3 Proper heating shall be provided. A minimum temperature of sixty five degrees Fahrenheit ( 65" F.) shall be maintained in all rooms at all times. 2)

3  20 0s *

327 327.4 327.5 328 328.1 328.2 328.3 329 329.1 329.2 329.3 329.4 . 329.5 ,9 PHYSICAL REQUIREMENTS OF FACILITIES ( Continued)

All items that children may touch and all interior surfaces of the building shall be m& ntained, by the operator or owner,' free of lead or its compounds in any quantity of more than one milligram per square centimeter ( 1 mg/ cm2).

Natural light and ventilation requirements of the Building Code ( DCMR Title 12) shall be met in all child development facilities.

PROGRAM SPACE REQUIREHENTS Suitable space for outdoor play shall be provided. This space shall be free from conditions which are or may be hazardous to the life or health of the children or infants.

A minimum of sixty square feet ( 60 ft. 2) of outdoor play area per child or infant per sess. ion shall be provided in an enclosed yard on the premises or in a nearby park or playground, or on a properly safeguarded roof facility approved by the Mayor.

Adequate indoor space suitable for the daily program shall be provided. A minimum of thirty five square feet ( 35 ft. 2) per child per session, exclusive of bathrooms, closets, halls, kitchen, and storage places, shall be provided. Play space shall be clear of cots except at nap time.

TOILETS AND LAVATORIES At least one ( 1) flush toilet and one ( 1) lavatory shall be provided for every ten ( 10) occupants of the facility, including staff. Urinals may be substituted for flush toilets on a two ( 2) urinals to one ( 1) flush toilet basis, but two thirds ( 2/ 3) of the required number of flush toilets shall be maintained. Adult facilities shall be provided separately from those for the children or infants.

When toilets and lavatories are not of a height to be used by the children without assistance, a block or step shall be provided.

Training chairs shall be provided by the facility for use by children who require them. Training potties shall be emptied promptly and sanitized after each use.

Soap and individual or paper towels shall be provided.

A drinking fountain shall be provided in the facility or individual clean cups for drinking shall be provided.

3 21  Mayor s Order 97 42 Establishes the Department of Health and implementation of Reorganization Plan No. 4 of 1996.

w wt w GOvEBNMEpI( T OF THEDISTRICT OF COLUMBU t i Yayor's Order 97  4 2 February 16, A997 Implementation of Reorganization Plan No. 4 of 1996, SUBmm: Establishment of the District of Columbia Department of Health ORIGINATING AGENCY: Office of the Mayor t:. t !' By virtue of the authority vested in me as Mayor of the District of Columbia by section 422( 12) of the District of Columbia Self I Government and Governmental Reorganization'Act of 1973, approved December 24, 1973 ( 87 Stat. 790; D. C. Code, sec. 1 242 ( 121); the Governmental Reorganization Procedures Act of 1981, effective October 17, 1981 ( D. C. Law 4 42; D. C. Code, sec. 1 299.1 seq.); the Department of Public Health Establishment Act* of 1992, effective March 13, 1993 ( D. C. Law 9 182; D. C. Code, sec. 6 131 et seq.); Reorganization Plan No. 4 of 1996 for the Department of P Health Approval Resolution of 1996, effective July 17, 1996 ( Res. 11 450; 43 DCR 3974); and as provided in paragraph two of the District of Columbia Financial Responsibility and Management Assistance Authority letter, dated December 18, 1996, approving the establishment of the Department of Health, it is hereby ORDERED that:

1. Reorganization Plan No. 4 of 1996 (" Plan"), establishing the iDistrict of Columbia Department of Health'shall be effective nunc pro tunc to January 13, 1997.

2. The Director of the Department of Health shall undertake such necessary or appropriate steps to ensure implementation of the Plan, a copy of which is attached to and incorporated into this Order, The Director of the. Department of Health is hereby delegated authority to carry out the functions of the Department of Health pursuant to sections I, XIr, IV, VI . VI and VI1 of the Plan for the Department of Health.

3. The heads of each department and agency responsible, in whole or in part, for transferring to the Department of Health, positions, property, records, appropriations or other funds, or for providing other services or functions shall immediately undertake all necessary steps to implement the provisions of the Plan.

?

. 1360 4. The functions and resources set forth in sections I, 111, XV, VI VI and VI1 of the Plan are hereby transferred to the "

Department of Health.

5. EFWVE DATE: This Order shall become effective nunc pro tunc to January 13, 1997.

HAYOR J ATTEST: \ MThLEEN E. ARNOLD' SECRETARY OF THE DISTRICT OF COLUMBIA 1361 3 Mayor's Order 99 68 Delegates to the Department of Health the authority to conduct hearings for the Department on denial, suspensions, revocation or modification of certificates, permits or accreditation pursuant to the Lead Based Paint Abatement and Control Act of 1996 ( D. C. Law 11221 GOVERNMENT OF THE DISTRICT OF COLUMBIA ADMINISTRATIVE ISSUANCE SYSTEM Mayor's Order 99 68 April 28, 1999 SUBJECT: Delegation of Authority Pursuant to D. C. Law 6 42, the " Department of Consumer and Regulatory Affairs Civil Ineactions Act of 1985"

Office of the Mayor ORIGINATING AGENCY:

By virtue of the authority vested in me as Mayor of the District of Columbia by section 422( 6) of the District of Columbia Home Rule Act of 1973, as amended, 87 Stat. 790, Pub. L. No. 93 198, D. C. Code, sec. 1 242( 6) ( 1997 Supp.), and the Department of Consumer and Regulatory Affairs Civil Infiactions Act of 1985, effective October 5, 1985 ( D. C. Law 6 42; D. C. Code. sec. 6 2701 et seq., 1997Supp. ( the " Act"), it is hereby ORDERED that:

1. The Director, Department of Consumer and Regulatory Affairs, is delegated the Mayor's authority pursuant to the Act, except as provided in paragraph 2 of this Order.

2. The Director, Department of Health, is delegated the Mayor's authority to perform the following functions under the Act asthey pertain to laws administered by the Department of Health:

( a) Appoint 1 or more attorneys to serve as administrative law judges or attorney examiners to implement the provisions of the Act pursuant to section 103 of the Act. ( D. C. Code, sec. 6 2703);

( b) Prepare and periodically amend a schedule of fines to be imposed under the Act, pursuant to section 104 of the Act. ( D. C. Code, sec. 6 2704);

( c) Issue des necessary to carry out the purposes of the Act and Department of Health programs pursuant to section 105 of the Act. ( D. C. Code, sec. 6 2705);

( d) Serve notices of * actions pursuant to section 201 of the Act. ( D. C. Code, sec. 6271 1);

( e) Enter final orders to pay fines, penalties, or costs as a judgment against and enforce that judgment pursuant to section 201 of the Act. ( D. C. Code, sec. 6 2713); and ( 0Impose civil fines, penalties and costs for adjudicated infiactions pursuant to section 104 of the Act ( D. C. Code, sec. 6 2704). 3. For the purpose of this Mayor's Order, the laws administered by the Department of Health include the following: [* 4235]

( a) The Water Pollution Control Act of 1984, effective March 16, 1985 ( D. C. Law 5 188; D. C. Code, sec. 6 921 et seq.);

( b) The Pharmacist and Pharmacy Regulation Act of 1980, effective September 16, 1980 ( D. C. Law 3 98; D. C. Code, sec. 2 2020 et seq.);

( c) The Smoking Restriction Act of 1979, effective September 28, 1979 ( D. C. Law 3 22; D. C. Code, sec. 6 91 1 et seq.);

( d) The Pesticide Operations Act of 1977, effective April 18, 1977 ( D. C. Law 2 70; 24 DCR 6867);

( e) The Hazardous Waste Management Act of 1977, effective March 16, 1978 @. C. Law 2 64; D. C. Code, sec. 6 701 et seq.);

( f) The District of Columbia Tissue Bank, approved September 10, 1962 ( 76 Stat. 535; D. C. Code, sec. 2 1601 et seq.);

( g) District of Columbia Drug Manufacture and Distribution Licensure Act of 1990, effective June 13, 1990 ( D. C. Law 8 137; D. C. Code, sec. 33 1001 et seq.);

( h) An Act to Prevent the Adulteration of Candy in the District of Columbia, approved May 5, 1898 ( 30 Stat. 398; D. C. Code, sec. 33 201 et seq.);

( i) The Lead Based Paint Abatement and Control Act of 1996, effective April 9, 1997 ( D. C. Law 11 221; D. C. Code, sec. 6 997.1 et seq.);

fi) The Youth Residential Facilities Licensure Act of 1986, effective August 13, 1986 ( D. C. Law 6 139; D. C. Code, sec. 3 801 et seq.);

( k) The Health Care. and Community Residence Facility, Hospice, and Home Care Licensure Act of 1983, effective February 24, 1984 ( D. C. Law 5 48; D. C. Code, sec. 321301 et'seq.);

( 1) The District of Columbia Underground Storage Tank Management Act of 1990, effective March 8, 1991 ( D. C. Law 8 242; D. C. Code, sec. 6 995.1 et seq.);

( m) The Asbestos Licensing and Control Act of 1990, effective May 1, 1990 ( D. C. Law 8 1 16; D. C. Code, sec. 6 99 1.1 et seq.);

( n) The Air Pollution Control Act of 1984, effective March 15, 1985 ( D. C. Law 5 165; D. C. Code, sec. 6 904 et seq.);

3 ( 0) The Clinical Laboratory Act of 1988, effective March 16, 1989 ( D. C. Law 7 182; [* 4236] D. C. Code, sec. 32 1501 et seq.);

( p) The District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 ( D. C. Law. 4 29; D. C. Code, sec. 33 501 et seq.);

( 4) The District of Columbia Child Placing Authority Act of 1979, effective August 23, 1980 ( D. C. Law 3 59; D. C. Code, sec. 32 1001 et seq.);

( r) An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved ( February 17, 1898 ( 30 Stat. 247; D. C. Code, sec. 33 104); and ( s) Child Development Facilities Regulation Act of 1998, effective December 9, 1998 ( D. C. Act 12 530; 45 DCR 274).

4. The Director, Department of Consumer and Regulatory Affairs, and the Director, Department of Health, are authorized to make sub delegations necessary to carry out the provisions of the Act.

5. This Order supersedes Mayor's Order 86 38, dated March 4, 1986.

6. EFFECTIVE DATE: This Order shall become effective immediately.

ANTHONY A. WILLIAMS MAYOR ATTEST: BEVERLY DENISE RIVERS SECRETARY OF THE DISTRICT OF COLUMBIA , Department of Health Organization Order No. 99 24 Creates the Office of Adjudication and Hearings to administer the above functions.  Department of ' 3alth ORGANIZATION ORDER NO. 24 DATE 12 17 99 ORIGINATINGAGLNW Office of the Director SUPCDSZDCS/ AMIWDS:

SUBJICCT: Office of Adjudicatjon and Hearings By virtue of the authority vested in me by Reorganization Plan No. 4 of 1996, and pursuant to Mayois Order No. 97 42, effective January 13, 1997, and Mayor's Order No. 99 68, effective April 28, 1999, it is hereby ORDERED that:

1. ESTABLISHMENT: There is established in the Office of the Director, Department of Health, the Office of Adjudication and Hearings, headed by a Chief Administrative Law Judge, with the mission, structure, and bnctions set forth below:

I1 MISSION: To administeradjudicative functions of the Department of Health in a manner that is efficient, effective, and fair.

I][ STRUCTURE: The Office of Adjudication and Hearings (,,, AH" or " Office") is structured without sub components. The Chief Judge shall report to the Director, but shall create and maintain a system in which judicial fact finding and legal decisions are made in a f&, impartial and independent manner and without exparre influence fiom other organizational elements or personnel.

IV FUNCTIONS: The Office, under the authority of the Chief Judge, is responsible for the following:

A. DeveIoping and proposing a Code of Administrative Judicial Ethics. which, upon approval by the Director, shall be applied throughout Om;

B. Managing a system for scheduling administrativehearings and other adjudicative matters, notifying parties and/ or their attorneys of ail orders, judgments, schedulingdecisions, and other court actions;

C. Holding required adjudicative hearings, consistent with this order and applicable law, for all matters falling under the adjudicative jurisdiction of organizational units within the Department of Health. or with the approval of the Director, other agencies. These include, without limitation, the following administrationsand organizational units:

1. Environmental Health Administration; 2. Licensing and Regulation Administration 3. Medical Assistance Administration 4. Preventive Health Services Administration O5 ' Government of the District of Columt 0.0. NO. 24 Date: 12 17 99  2

Such hearings can include, without limitation, hearings on:

1 * Notices of violation and proposed compliance orders; 2 Suspensions, revocations and denials of licenses, certificationsand permits; 3 Patient transfers; 4 Nurse aide abuse claims;

D.

E.

F.

G.

 H.

I.

J. 5. Dangerous dog and animal control matters 6. Civil infractions; 7. Matters pertaining to Medicaid payments in which the recipient or another person or entity is entitled to an oral evidentiary hearing under 42 CFR part 205 or other applicable law; 8. Professional licensing and discipline matters when delegated by an appropriate authority and when such delegation is accepted by Order of the Chief Judge.

Managing a case file, calendar, docketing, and scheduling system and authorizing forms that may be used by OM, or submitted to OM by parties appearing before it;

Assessing, adjusting, and suspending fines, penalties, and fees, and suspending, revoking and restoring permits, Iicenses, and other regulatory authorizations;

Issuing written and oral decisions and orders and discharging other powers and duties granted by statute or other law orauthority;

Submitting an annual proposed budget and spending plan to the Director and conducting procurement activities for OAH consistent with District of Columbia law and with support md assistance of appropriate administrative units in the Department of Health;

Developing ethical and proper standards for employee performance accountability. Hiring, evaluating, promoting* separating andlor disciplining employees consistent with the requirements of the Comprehensive Merit Personnel Act and other District of CoIumbia Law.

Developing qualification standards for Administrative Law Judges and other OAH employees and developing requirements for orientation, training and continuing regal education including requirements necessary to comply with statutory mandates.

Adopting operating procedures, practices, and policies for the Ofice and proposing to the Director the formal promulgation of regulations as may be necessary or desirable to carry out the mission of the Office;

3 Government of the District of ColUmi 0.0. NO. 24 0A. H Date: 12 17 99  3 II 3 B 2 4 K. Evaluating adjudication and related hnctions carried out for the Department of Health by agencies or entities other than OAH under agreements, memoranda of understanding, and the like and, with the approval of the Director and the Chief Judge, modifying or terminating such agreements, with OAH then assuming responsibility for those functions. Notwithstanding the above provision, OAH may begin hearing dangerous dog and animal control matters upon Order of the Chief Judge and upon 30 days notice to the Department of Human Services.

L. Beginning November 1,2000, with the approval of the Director and the Chief Judge, and if otherwise authorized by law, hearing matters pertaining to disputes between health care providers and the Department of Health concerning Medicaid payment reconciliation including disputes pertaining to Department of Health final decisions on notices of program reimbursement;

M. Reportingjudgments, orders, decrees, and other decisions to legal publishers ( e. g. Westlaw andLexis) under standards and circumstances to be determined by the Chief Judge;

N. Handling payments received in a manner consistent with law and clearly established policies and procedures. Utilizing revenues collected and retained by OAH consistent with D. C. Law 12 283 or other law, andor with the Director s approval, utilizing funds collected and retained by other units of the Department of Health receiving services from OAH consistent with D. C. Law 12 283 or other law.

V. STAFFING PATTERN: The positions in the Office of Adjudication and Hearings are listed on Attachment A to this order.

VI. TRANSFER OFPOSITION: None VII. RESOURCES: Fiscal Year 2000 budget, grants, indirect cost recovery, intra District or  similar transfers, andlor other mechanisms providing funding support fromDepartment of Health andor other organizational units utilizing services provided by OAH. Except as otherwiseordered by the Chief Judge, OAH shall hear matters to the extent that one of the above fbnding sources has been identified to provide adequate hearing and adjudication capacity, or to the extent fundsare lawfully available pursuant to paragraph IV. Nof this Order.

VIII. MISCELANEOUS: Nothing in this Order shall be construed as conferring upon any party any new or additional right to a hearing or other adjudication. 0.0. NO. 24 OAR Date: 12 17 99  4 11 3 B 24 Ix EFFECTIVE DATE: This order shall take effect immediately.

I / Ivan C. A. Walks, MD 1 Director .. I. D. C. Law 13 103 Delegates to the Department of Health the authority to regulate actions that affect lead poison program implementation.

/ COUNCIL OF THE DISTRICT OF COLUMBIA NOTICE D. C. LAW 13 103 " Departmentof Health Functions Clarification Temporary Act of 19ppTL Pursuant to Section 412 of the District of Columbia Home Rule Act, P. L. 93 198 " the Act", the Council of the District of Columbia adopted Bill 13 515 on first and second readings December 7, 1999 and December 2 1, 1999, respectively. Following the signature of the Mayor on January 10,2000, pursuant to Section 404( e) of " the Act", the bill became Act 13 250 and tt was published in the February 25,2000 edition ofthe D. C. Register ( Vol. 47,

page 1089). The Act was transmitted to Congress on February 23,2000 for a 30 day review,

in accordance with Section 602( c)( 1) of the Act.

The Council of the District of Columbia hereby gives notice that the 30 day Congressional review period has expired, and the Act is now D. C. Law 13 103, effective May 9,2000.

LINDA W. CROPP Chairman of the Council  Daw Counted During the 30 day Congressional Review Period:

Feb. 29 Mar. 1,2,6,7,8,9,20,21,22,23,24,27,28,29,30 Apr. 3,4,5,6,7,10,11,12,13 _ May 1,2,3,4,8 3 ENROLLED ORIGINAL ANACT . rrL D. C. ACT 13 250 INTHE COUNCIL OF THE DISTRICT OF COLUMBIA m To clarify, on a temporary basis, the functions transferred from the Department of Consumer and Regulatory Affairs to the Department of Health pursuant Reorganization Plan No. 4 of 1996.

BE ITENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the " Department of Health Functions Clarification Temporary Act of 1999".

Sec. 2. ( a) The functions of the Department of Health, as established by Reorganization Plan No. 4 of 1996, effective July 17, 1996 ( D. C. Code Vol. l), shall be the following: ( 1) To regulate health care and social service professionals; ( 2) To regulate occupational and professional conduct and standardsfor health care and social service professionals, including investigating, licensing, and enforcing applicable laws and regulations; ( 3) To regulate actions that affect the physical environment and ensure compliance with applicable federal and District laws and rules that govern the uses and practices that affect the physical environment, including air resources management, water resources management, storm water management, soil resources management, hazardous waste, pesticides, lead poison program implementation, asbestos program management, underground storage tank regulation, aquatic and wildlife resources management, medical waste management, low level radioactive waste control, and toxic chemical control; ( 4) To regulate health care and social service facilities; ( 5) To regulate food service establishments, including, but not limited tQ, retailers and wholesalers of food and food products, grocery stores, restaurants, food vendors, dairies, patent medicine outlets, ice cream manufacturers, candy manufacturers, bottling establishments, wholesale and retail seafood dealers, delicatessens, and bakeries; ( 6) To regulate pharmacies and pharmacy personnel; ( 7) To determine which drugs and other substances shall be classified as controlled substances, and identify persons and facilities that handle, manage, distribute, dispense, and conduct research with controlled substances; ( 8) To regulate radiological and medical devices; ( 9) To regulate the manufacture, distribution, and dispensing of controlled substances;

1 Codific& km District of Cohbia Code 2000 supp No*, Vol. 1 Reorgafution Plan No. 4 of 19% ENROLLED ORIGINAL ( 10) To regulate the operation of barber shops and bsty salons; ( 1 1) To regulate swimming pools; ( 12) To regulate massage and health spa establishments; and ( 1 3) To perform any other bctions expressly described in Reorganization Plan No. 4 of 1996, as construed in light of all documents formally made a part of Reorganization Plan No. 4 of 1996 pursuant to section 6 of the Governmental Reorganization Procedures Act of 1981, effective October 17, 1981 ( D. C. Law 4 42; D. C. Code 6 1 299.5). ( b) For the purpose of this act, the term " regulate" shall include all licensing, certification, investigation, inspection, permitting, registration, and enforcement functions, including the issuance of civil infractions, except that the Department of Consumer and Regulatory Affairs shall continue to issue licenses for businesses engaged in functions related to the physical environment as set forth in section 2( a)( 3). ( c) The Mayor shall establish fees to implement this act. All fees collected pursuant to this act shall be deposited in the General Fund to the credit of the administration within the Department of Health responsible for collecting the fees. ( d) The Mayor, pursuant to title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 ( 82 Stat. 1204; D. C. Code 5 1 1501 etseq.), shall issue rules to implement the provisions of this act.

Sec. 3. There is no fiscal impact concerned withthis legislation.

Sec. 4. ( a) This act shall take effect following approval by the Mayor ( or in the event of veto by the Mayor, action by the Council to ovenide the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203( a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, zpproved April 17, 1995 ( 109 Stat. 116; D. C. Code 6 47 392.3( a)), a 30 day period of Congressional review as provided in section 602( c)( 1) of the District of Columbia Home Rule Act, approved December 24, 1973 ( 87 Stat. 813; D. C. Code 5 1 233(~)( 1)), and publication in the District of Columbia Register. e) This act sh# expire after 225 days of its having taken effect.

Council of the District of Colum6ia Mayor I District of Columbia APPROVED: January 10, 2000 Jf2 COUNCIL OF THE DISTRICT OF COLUMBIA COUNCIL ? ERlOD THIRTEEN B13 515 RECORD OF omm COUNCIL VOTE Dwluc Nm. I I IIEM ON CONSENTCALENDAR 1> 4 ACI ION & DAm  ADOPTED FIRST READING, 12 07 99 1) 4 VOlCEVrn APPROVED ALL PRESENT UWRDED VOTE ON REQUEST ABSENT 1 I ROLLCALLVOTE srul I ) UWRDEDVOTE I OFommCOUNCIL w  Aye Nay NV AB CnrKUlankr Aye Nay NV cW. dlwda Aye Nay NV AB Ch. cropp cb8VkS ~~~

Allen Evan8 Ambrorc Gr8ham Brull J. nL . 1 q ACYION & DATE ADOPTED FINAI IX VMcPVurE APPROVED REcouDEDVare~ RsQIJEsr ~~ ~~

Cltmia I Mendelson I I I I RoucALLvOTE IuI Co. d. wrkr Aye Nay NV AB Cwdlrcaba Aye N8y NV I I I I I I I I Catania I I 1 I I Mcndelroa I I I x  Idkues vate AB  Mlclll CERTIFICATIONRECORD Orange Patterson & hW8rb RFADING, 17 71 94 I I I 1 M c.( I Ayr Nay NV AB I I I I I I I I 1 I I I NV  PrUeBI HI V0Ci. g ENROLLED ORIGINAL AN ACT Codifif prim District of  rL Columbia D. C, ACT L 3 250 Code 2000 supp.

INTHE COUNCIL OF THE DISTRICT OF COLUMBIA :

TOclarify, on a temporary basis, the functions transferred from the Department of Consumer and Regulatory Affairs to the Department of Health pursuant Reorganization Plan No. 4 of 1996.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the " Department of Health Functions Clarification Temporary Act of 1999".

Note, Vol. 1 Sa. 2. ( a) The functions of the Department of Health, as established by Reorganization howniza

Plan Xo. 4 of 1996, effective July 17, 1996 ( D. C. Code Vol. l), shall be the following: tion Plan No. 4 of 19%( 1) To regulate health care and social service professionals; ( 2) To regulate occupational and professional conduct and standards for health care and social service professionals, including investigating, licensing, and enforcing applicable laws and regulations; ( 3) To regulate actions that affect the physical environment and ensure compliance with applicable federal and District laws and rules that govern the uses and practices that affect the physical environment, including airresources management, water resources management, storm water management, soil resources management, hazardous waste, pesticides, lead poison program implementation, asbestos program management, underground storage tank regulation, aquatic and wildlife resources management, medical waste management, low level radioactive waste control, and toxic chemical control; ( 4) To regulate health care and social service facilities; ( 5) To regulate food service establishments, including, but not limited to, retailers and wholesalers of food and food products, grocery stores, restaurants, food vendors, dairies, patent medicine outlets, ice cream manufacturers, candy manufacturers, bottling establishments, wholesale and retail seafood dealers, delicatessens, and bakeries; ( 6) To regulate phannacies and pharmacy personnel; ( 7) To determine which drugs and other substances shall be classified as controlled substances, and identify persons and facilities that handle, manage, distribute, dispense, and conduct research with controlled substances; ( 8) To regulate radiological and medical devices; ( 9) To regulate the manufacture, distribution, and dispensing of controlled substances;  ENROLLEDORIGINAL ( 10) To regulate the gperation of barber shops and beauty salons;( 1 1) To regulate swimming pools; ( 12) To regulate massage and health spa establishments; and ( 13) To perform any other functions expressly described in Reorganization Plan No. 4 of 1996, as construed in light of all documents formally made a part of Reorganization Plan No. 4 of 1996 pursuant to section 6 of the Governmental Reorganization Procedures Act of 1981, effective October 17, 1981 ( D. C. Law 4 42; D. C. Code 3 1 299.5). ( b) For the purpose of this act, the term " regulate" shall include all licensing, certification, investigation, inspection, permitting, registration, and enforcement functions, including the issuance of civil infractions, except that the Department of Consumer and Regulatory Affairs shall continue to issue licenses for businesses engaged in functions related to the physical environment as set forth in section 2( a)( 3). ( c) The Mayor shall establish fees to implement this act.. All fees collected pursuant to this act shallbe deposited in the General Fund to the credit of the administration within the Department of Health responsible for collecting the fees. ( d) The Mayor, pursuant to title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 ( 82 Stat. 1204; D. C. Code 3 1 1501 etseq.), shall'issue rules to implement the provisions of this act.

Sec. 3. There is no fiscal impact concerned with this legislation.

Sec. 4. ( a) This act shall take effect following approval by the Mayor ( or in the event of veto by the Mayor, action by the Council to ovemde the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203( a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 ( 109 Stat. 116; D. C. Code 5 47 392.3( a)), a 30 day period of Congressional review as provided in section 602( c)( 1) of the District of Columbia Home Rule Act, approved December 24, 1973 ( 87 Stat. 813; D. C. Code 3 1 233(~)( 1)), and publication in the District of Columbia Register. ( b) This act shplt expire after 225 days of its having taken effect.

Council of the District of Colum6ia Mayor I District of Columbia APPROVED: January 10, 2000 COUNCIL OF THE DISTRICTOF COLUMBIA COUNCIL WOD THUITEEN RECORDOF OUFlClU COUNCIL VOTE B13 515 DUhth.

ADOPTED FIRST READING, 12 07 99 Chmn. Cropp Catant 71l) QACIlW & DATP ADOPTFD FINAl RF4ILLpILG. 17 99 IX voIccvm APPROVED nsconoEDvmonREQlJssr Aye Nay NV AB coudlrcrkr Aye Nay NV AB Aye N8y NV AB chrnecropp ch8vour Orange Alien Evlnr P8ttUSOE Ambrocc Graham Sehwutz ~

Brull Juvit : 1 I I Catant I I I I 1 Mendelson I I I I I I 1 I I 1 I AB  Ab( NV  hesen1MIVoliag CERTIFICATION RECOW Title 16 DCMR, Section 3240 47 DC REG 8091 Notice of Final Rulemaking civil infraction schedule for Lead Based Paint Abatement and Control DEPARTMENT OF HEALTH NOTICE OF FINAL RULEMAKING . 3.

The Director of the Department of Health (" DOH"), pursuant. to. the authority set forth in section. 14( b) of the " Lead Based Paint Abatement and Control Act & 4996", as amended, effective April 9, 1997 ( D. C. Law 11 221; D. C. Code 9 6 997.13( b) ( 1999 Supp.)), 104( a)( l) of the " Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985" (" Civil Infractions Act"), as amended, effective October 5, 1985 ( D. C. Law 6 42; D. C. Code 962704 a)( 1) ( 1995 Repl. Vol.)), and Mayor's Order 99 68, dated April 28, 1999, hereby gives notice of the adoption of the following amendment to Chapter 32 of Title 16 of the District of Columbia Municipal Regulations ( DCMR). Final action to adopt these rules was taken June 5, 2000. Notice of Proposed Rulemaking was published in the D. C. Register on March 17, at 47 DCR 1904. The Mayor submitted the rules to the Council for a 60 day period of review as required by 9 104( a)( 1) of the Civil Infractions Act, and the rules were deemed approved on June 4,2000. The amendment establishes fines for violations of the provisions of the " Lead Based Paint Abatement and Control Act of 1996" ( D. C. Law 11 221; D. C. Code 56 997.1 et seq.). No comments were received and no changes have been made to the Proposed Rules as previously published.

16 DCMR Chapter 32 ( Civil Infractions) is amended by adding a new section 3240 to read as follows:

3240 LEAD BASED PAINT ABATEMENT AND CONTROL 3240.1 Violation of the follQking provisions shall be a Class 2 infraction:

D. C. Code § 6 997.5( a) and ( b) ( failure to obtain certification before conducting a lead based paint activity);

D. C. Code § 6 997.7( a) ( failure to obtain a permit before conducting lead based paint abatement);

tr D. C. Code $ 6 997. Ga)( 3) ( providing training to others for lead based paint activities without accreditation);

D. C. Code § 6 997.3( b) ( applying lead based paint or glaze to a surface);

D. C. Code 59 997.3( c) ( selling, offering for sale, delivering, transferring, or possessing with intent to sell, deliver or transfer an article intended for use by children that has lead based paint or glaze applied); and D. C. Code § 6 997.6( a) ( failure to obtain accreditation for each training course or review course offered).

3 DE  R1CT OF COLUMBIA REGISTER OCT 6  2ooo 3240.2 Violation of D. C. Code $ 6 997.8( record keeping requirements) shall be a Class 3 inhction.

_ I 3240.3 Violation of any provision of the Lead Based Paint Abatement and Control Act of 1996, D. C. Law 11 221 that is not cited elsewhere in this section shail be a Class . 4infkaclion fi L i 3 8092 DISTRICT OF COLUNBIA CODE, TITLE 6, CHAPTER ' 7 0 6 2701 CIVIL ISFRACTIOX ACT 35. a~. LYD %  ' ET?

Subcnnpter 1. Purooses: Detiniriom; 5ec. . Aa'mmisrrariie Lou: d'udqes am' 5.2713. iieanng. . Atiorney Examiners: Sancrions: 6.2714 Finai decision. 3qumrions 5.2715. Senice.

: ec. 0 2701. Puruose. Suocnamer III. . Admrnrsrrarroe Reureui.

5 2706. Summay ac:: on Suocrxorer ii ? yecures 6.2711. Sotice oi ! nfracr: on. 5.2712. . lnswer Subcnapter I. Purposes; DefinLtLons: , ldrnLnlstratzveLaw Juages ana , qttorne_ v Examiners; & ncrions; Reguiatlons.

5 6 2701. Purpose.

. It is the purpose or^ the Council of the Distnct oi Columbia in the adoption .4r.

chs act to proLiae for the imposrtion of alternanr e ciLii sancnons for mi?: rions oi~ awsand repuiatlons amended Dy titie IT. and to prwiae for a llnifoi and expeainous system of adininisrratlve , adjudication wrn respect to t : niraciions. OCL3. 1985. D. C. Law 6 42. s 101.22 DCR 4450.;

. I Levdative history of Law 642.  Law 5 42. tne  Deoarrmenc oi Consumer ana hgu amp Affairs Cib4 Infractions Act of 1985." was . .. nrroducea : n L'ounni ana assignea Bill NO. 6 187. wnich was reierrea to the Cowtree on Consumer ana Requiamry Mairs. The ail1 was aaoprea on nrsr ana secona reaamgs on iune 25.' 1985. ana Juiv 9. 1985. respectivetv. Signed DV the Mavor on iuiv 16. 1985. if was assigned .\ ct No. 13 60ana transmirted [ o born Houses oi ' ionmess ioi : is renew. References in tea  Thu act." referred t~ : ear rrie Degmnmg 01' : he secuon. ij 3. C. Law $. 6 2702. Definitions. 6 42. '?; le Il..* referrea : o near th@ mddl xe section. : s Tit1e. n' G< 3 C. Law 642. Delegarion of aurhonty pursua~ rtoL. 6 32.  See Slavors Oroer 36 38. h1 k 1986. D. C. Board of Appeals and Review est lished.  See Mayors Order a6 50. hlarcn 1986. Cited m FW Wooiwonn Co. v. Diem[ Coiumola ad. oiAupeais Cr Renew. App. 1 579 A.% ;; 3 . lOgOI.

For th'e purposes of tfus act. ; he term: ., I., .' Disrnct" means the District ai Calumoia. ~?!  1nfracnon' means any act. or iaiiure to act for whch a C I sac Tav be imposed under the provlslons of ths act. ana wth respect KO w .... + ither the Corporation Counsei or the. Cnited States . ittornev for the Dis .. ,

L... . . > f. CoiurnDiz'liautnonzed to commence a cnmmai. oroceea1ng in the . SUP ~ Zounof the Distnct of' Columola. or for. wnich another ci\ li saricnon rm': : mposed waer 2n. s 2isn? c: iaivs or xzuiations ... __ 0 6 2703 3 i :> layor" means the JIayor of the Distnct of Columbia. 4)" Person" means corporatlons. firms. agencies. compames. assoclanom. orgmzations. partnersnips. societies. and joint stock comparues, as well as indiwduds. si * Respondent'' means any person charged wth an infraction as defined in paragraph ( 2) otths section. ~ Oct. 5. 1985. D. C. Law 6 42. 3 102. 32 DCR 4450: Liar. 8, 1991. D. C. La. w 6 23:. 3 ?: a,. 38 DCR 314.~

9 6 2703. Administrative law judges and'attorneyexamin ers.

re Law I g. ai. The Mayor snail appoint 1 or more attornevs to serve as admustranve law judges or attornev examiners to tmpiernent the provisions of ths act.

Ij $. b 1 Administranve law judges F * or attorney examiners shall have the follow ing powers: 1: Presiding over heanngs in contested matters under thk act: 2 i Compeiling the attendance of witnesses by subpoena. administering the adoption of oaths. t+ ik the testimony of witnesses under oath. ' and & srnlssing. rehear ions ior inirac i% g. a, d. cbnnnuing cases: e for a uniform 3 I Imposing sanctions for infractions under subchapter I1 ofthis cha pter, respect to : ne inriuciing monetq tines. penaities. ana heanng ana inspection costs; ' . i! SuspenGng permits or licenses for the purpose oi. eniorcmg the panent oi monetary tines. penalties. or heanng and inspecnon cos=; c near : re rniadle of 3 I Permitting the payment of monetaF fines. penalties. and heanng and 2 5 LdW 642. ppursuant to Law inspection costs in excess 0;' S50 in monthly installments over 3. penod not cer 56 38. liarcn 4. greater than 6 months and airowing . a fee oi 1 percent per month of : he outsrandmg amount owed by a respqndent for the instailment senwe: s and Fiemew esrab 61 Suspendme all pr pan; of any fine or penalty imposed on prounds of raer a6 50. Slarcn 21. past compliance or past good faith attempts to comply u? th appiicable laws and Co . 3istnct of regulations, or upon condition chat the respondent correct the infraction bv a)~ n s .% vie= ADD 3 C i date certain: and.

.. 7) Sealing the prermses where the conduct occurred whch is the @ assof the atanon to enforce orders requiring the payment of monetary fines. penaities: or heanng and inspecnon costs. c:. . Each. iicensmgor permitnng authonn. or successor, ennp established by the iaws and regdations amended by titie R mav delegate to admlnIStraiwe law Judges or attornev examiners. who are appointed pursuant to rhs secnon. the authority to conduct heanngs, pursuant, co the laws ana regulations and to recommend appropnate action. inciuaing aemai. suspenslon. or revocation of .. qy perm! t or license.. io the licensine or perkittine'authonn.. . . .. . P'? nor. IO assuminz any duties or responslbilitres pursuant : o subchapters JI :; muen 111 of ths cnapter. admirustrative Law judqes or anorney exammers, .

... sna:! nave cornpiecea ' n .; nentauon cir gr3rnrnr course 2staoiisnea by the fj 6 2704 Mayor for the purpose of famiiianzlng themseives twth relevant rules, procc dures. and substantwe law.

i e) . IdmuusTratlve law judges and attorney examlners appomwd pursuar to this secnon may hear cases pursuant to Chapter 39 ofTitle 28. ( Oct. 5,198, D. C. Law 6 42. 5 103. 32 DCR 4450: Slar. 8. 1991. D. C. Law 8 237. 5 2( b), C DCR 314.)

Ssrion references. This section IS reierrea tn in q 28 3902. Legdative hietory of Law 642.  See now. t, a 4 62701. Leaslarive history of Law 8 237. See ~ OWLO q 6 3706. References in text.   Thisact.  referred : n suosecuon { ai ana subsection ibXl). IS D. Law 642.   Titie IY.  referrea LO in suDsem! c!. is Title X of D C Law 0 42.

3 6 2704. iMonetary sanctions.

6 a)( 1) The Mayor shall prepare and penodicady amend a schedule of finr The schedule of fines, shall be submitted to the Council of the Disrnct Columbia (  Council ) for its approval or disapproval. in whole or in part.   ,

resoiunon. The schedhle of fines and subsequent amendments shall r

become effective until approved by the Councd. or 60 days after submissior the Councd has not disapproveh the schedule or amendments.

.  r 2) In ad dxtxonto the cixd fine. the foil. owing penalties mav be impose A respondent who fails to answer a notice of iniractlon withn :~.  e;. .. f 4~ time speclfred by 4 6 2712! e, may be assessed a penalty eauai to the amoi of the cid fine for the infraction set forth in the notice. B) A respondent who fails to answer a second notice of infract withn the time specified by 5 6 2712( f) may be assessed a penalty equa tivlce the ahount of the civii fine for, the iniracrion set forth in the nonce. bJ In aabtion to any cid fines and pendtles imposed followg : adjudxadon of an infraction adverse to a respondent. an admmistranve i:. . judge or attorney exher may, in accordance mthdes issued bi the May impose upon, the respondent. by order; the COSKS to the District of E adbtional inspenions before. during, or after the heanng, and other cc associa  red with the hearing. ~ OCK. 3. 1985. D. C. Law 6 42.5 104.32 DCR 4i . May 10; 1989. D.. C. Law. 7 231. 4 21 36 DCR 492: Star. 3. 1991. D. C. : i. . I1. j; 11. I :  .   .3. 237,. $.  2( cj. 38 DCR 314.)

Section references.  This seaion is referred to UIQ § 6 2712 ana 6 27j3. Le& arive history of Law 642.  See > OW to 4 6 2701. Legdative history of Law 7 231. LdH. : 231, the Tkchn~ caiAmendments Act 01 198.  was inrroducea in Councii ana assignea Bill 30.7 5e6. wnicn was reterrea to the iomrniiree oi the \  f% oie. me Bill was aaooced on nrsr ana cccona reaarngs on SovernDer 29. ! 9% ana 36cern r 13. .  19B8. r6sDecriseiv 5: aea DV :> e :. layor on yanua. n. d. 1989. : t  & as assimea hi: ..  .. o T 753 ana tr3nsm1ttea : o cotn :. oases Gr . sneTess for,! s review oh  cn? L I. cnucno4. s 0 6 271 1 2ievant rules. proce 5 6 2705. Fkgulations.

appointed pursuant The Mayor may issue rules and regulanom necessal?; to cariy out the : tie 29. IOct. 5. 1985. purposes of ths act. iOct. 5. 1985, D. C. Law 642.9 105. 32 DCR 4450.)

~ w $ 237. Zb). 38 Cross referencea. . k LD purooses of Law References in text.  T'h! s acr." referred to 642. S* 9 6 2701. ar the end of the secuon. is D C Law 642. Legislative history of Law 6 42.  bee .. This act." reierrea to note LQ 6 6 2701.

 1DSeCLlOn I b I( 1I : s D c i +* erne0: o in suosection 5 6 2706. Summary action.  iw 6 42 a, IF : he Mavor detemmes. after investigation. that the conduct of a licehsee presents an imminent danger to the neaith or safen of' the residents of the Dismct. the Mayor may order the seaiing ofthe premises upon whch the respondent is engaged in the unlawful conauct. prorided that the premises are 3 scnedule of fines. primarily used for the uniawfd acnvlty.

of The Distnct cf ' bi At the time of the sealing of the premlses. the Mayor shall provide the '( noleor. in part. by licensee wth written notice stating the action being taken. the basis for the ndments shall not action. and the right ofth% iicensee to request a hearing.

.' CJ A licensee shall have'the right to request a heanng withn 72 hours aRer  after submission if senice oi notice of the seaiing of the premises. The Mayor shall hoid a hearing. nu,. . s may be imposed: with 72 hours of receipt oia timely request. and shall issue a decision within .; iaction wihin tne CT ,. . 7Zbhours after the hearing. d'). Ever). decision and order adverse to a licensee shall be accompanied by ; uai to the amount findings of fact and concluslons of law. The findings shall be supported by, and in accordance wth. reliable. probative, and substantial evldence. The Mayor . xice of infraction shail, prowde a copy of the decision and order and accompan); lng findings of 3 penaitl; equai to fact and conclusions of law KO each party to a case or to eacn party's attorney : n m the notice. . of record. sed fdlownq the : e, . by person'aggneved by a ha1 summary acnon may seek judicial iammistrsitive law remew in accordance with subchapter I of Chapter 15 of Title 1. : Oct.. 5, 1985,  sued by the Mayor. D. C. Law 6 42.5 106. as, aaded Mar. 8. 1991. D. C. Law 6 23;. S Z( d), 38 DCR : e District of any %

3 14. .. g. and or; her costs 104.32 DCR 3450: Legrelative history ofLaw 8 237.  Law The Bill was adopted on nrst ana second read :. 1991. D. C. Law 8 237. the  Depanment of, Consumer, and Reg: ngs on Decemwr 4. 1990. ana December 18. '. .; uiatov, Affairs. Cibd In'fractions Act of 1985 ! <EMAIL_ADDRESS>respecrlveiv. Signed Dy the Mayor on T& cai, ana Clantying henamenrs Act of Decemwr 27. 1990. IL was assigned Act No.

:  1990." was mtroduced in Councli and assigned 5 320 ana transmitted LO wtn Xouses of Con81f'Law 6 23'?. See Bill No. 6 203. wnicn was referred to the Com gress ror ISrevlew mtrqe on Consumer ana Regu1awr) i . Ham.

Su'bchapter II. Proceciures.

" 5 6 ziii. Notice. of infraction.

a! In order to injltiate a proceeding under subchapters I and I1 of tiUs . I(

z%. I. ,. 1' chapby. : he Mavor shall serve a nonce of infracnon upon a respondenr. The Mayor shall retain a copy of the nonce of ixkactlon, wnicn snail bear a cemficanon attesting t3 [!. e rnarters , set :'? ITT: 12 : ne notice.

7

I ; o 1 bi The Nayor shall prepare the notice of infraction. ihch shall contau i! The name and address oi the respondent:

i 2) . icitation of the law or regulation alleged to have been violated: 3) The nature. time, and place of the infraction: 1)% here appropriate. the date by which the respondent must compl! avoid incuning a fine or penalty; 51 The amount of the fine appiicabie to ' the infraction: 6) The manner. place. and time in whch the fine and penalties: fi. z may be paid: 7; Some that failure to pay monetary sanctions may result in. susF jion of respondent's permit or iicense: .,: 5, Sorice that faiiure : z answer the ~ OK~ C? : niraction wthn calendar days tiom the daw of senlce. or other penoa i. vhi~ nthe Mayor r establish by ruie or reguiation. nay result 13 cenalries. and the amoun those penaities: ana ' 9) Sotice of the respondent's nght to requesr a. nearing with respec the infraction. and the procedure for requesting a hearing.

' cj If an administrative law judge or attorney examiner dete& ines tb notice of infraction { s defective on its face. the administrative law judg attorney examiner shall enter an order dismissing the nonce of infraction ahall promptly notify the respondent. iOct. 5. 198.5. D. C. Law 6 42, 4 201  DC& R4450: .\ far. 3. 1991. D. C. Law a 237. 5 ?: e!. ?. 3 DCR 314.)

'

~

. Legislative history of Law 6 12.  fee . Legislative histoF of 4w 8 237. nore LO 4 i., T' 3! note to :?':.':*)

3 6 2712, Answer,

ai In answer to a notice of infraction a respondent may: li . icimt the inri. action: .

.2) Admx the infraction wth an explanation wnicn the heqnng exam may take into account in the imposition of a sanction for the infraction; c 3) Denv commission of the infraction. b I A respondent who responds to a notice of iniraation but fails to in& whether the respondent acimirs. admits with expianation. or denies infraction shall be considered to nave admitted the : niraction if the respoc pays ihe appropriate fine ana penalnes. and shall othennse be consider have demed the infraction. . c!  4respondent may answer the notice of inhacnon by mad or in per I d) A respondent adrmthg aninfraction shd,. at the time the respor submits an answer. pay the. applicable civil fine estabiished pursua: .': 6 2' 704( a!( 1;. snd any applicable penalties pursuant : o .: 6 2704( aA2). .> r s ei A respondent shall answer a notice of infraction sirhn 15 calendar of the date the notice of infraction was served. or inthn any other tune F: : he 1Iavor nay. establish by rule or replation. F: If 3 respondent has been semed a notice of' inrraction anti fails. . good cause. .: a answer within tne nme penoa estaoiisnea in subsecnon : his sectisr.. : ne respondent zkaA be iiaDle for : he ?~ n31t7; estabiisned pur 5 . I>.;!  i in. v. nich snail contain: : o 4 i3 2; 04ia a2,: 4:.?: e :$ Iayar . hail then sene a second notice of infraction upon the respondent. If : ne respondent fads to answer the second notice of 1 nave oeen woiatea: : nfraction wthin i5 caienaar aays'oi semxe. or wthn any other time period : he Alayor may establish by de or regulation. the respondent shail be liable spondent must comply to I for the penalty established pursuant to 3 6' 2704( ar( Z)( Bi. g, So notice of infracnon issued pursuant to subchapters I and I1 of ths  action: chapter snail abndge or abrogate any rime penods established by the laws and . ne and penaities. if any, remlanons amended by titie n regarding cure of an Infraction. i Oct. 5. 1985, 3. C. LLWo k2. : 202. S2 13CR 4450: J1, ar 5. 199, l. D. C. Law 5 23;. 4 2( h!, 38 IS mal; resuit in suspen 3CR314.)

.. Section reierences. _=  rc: ieTr .. rp Legislative histon. of Law E 237. ,

See.~: .: r.: hcaon t. vithir. : 5 ..? r? ea : a ; n : n.... 14 .. ,: e 10 2 6.7706 , a wucn [ ne Jlayor may LepsLacive history of Law'd42. .:, e References in text. .?. tie K.* referrea tc . ties. ana : he amount oI' . 3x : o : ri ZG1 . 2 , : 5 ;:: le iV 01' 9. C LAW042.

I neannz wth respect to : 6 2713. Hearing. anng ai The administrative iaw judge or attorney ewminer snail conducz : niner aetermines that a jeanng on a n'otice of piraction in accordance with Chapter 15 of Title 1 irmtrative law judge or except as othemse pro< ided by this act. The Mayor shall bear the burden c notice of infracnon ana tsrabiisning an infraction oy a preponderance of the evidence. IC iawtj 42.: 1Oi. 32 b I if a respondent iaiis. without good cause. to appear at a hearing of whci: s DCR 311 , .., e ' rwponaent has been ' semed a notice. : he admin: strative law judge c istory of Law d 237.  See @, .) attorney examiner may proceed wth the neanng and enter a find order in th xise. c;, . iiter due consideracion or the e~. iaenceana arbments. the administr: Tive iaw,! uage or attorney examiner snail determine' whether the Mayor hz estabiisned the infraction. \$% ere the Llayor nas not established the mfracuo: : he aaminrstrative law ; udee or attorney examiner shall enter an orat & ismissinq the notice c:' infraction. ithere the Mavor' has establrshed th : n the hearing examiner . infracnon. the aamiustranve iaw judge or arrornev examiner shd enter a for the iniraction: or appropnate mtten oraer. which shall set fonh finaings of fact. conclusions t law. ana a sanctron. :: on but faiis to inbcate , dj . Inorder entered pursuant to this section is ci~ din nature: anation. or aerues the '  el Cpon a finding that the respondent has committed the infraction. t. ' action ifthe responaent . , ' admimstrative iaw, Judge br attorney examiner may order the respondent envlse oe considered to pay a c~ mlfine and. where appropnate. penaities pursuant to 4 6 27041a~ and costs pursuant KO d 6 2704' bi. \

n by ~ dor in person. , f! The admimscrative iaw judge or attorney examiner may suspend a ne time the respondent permit or license wnicn authonzes the respondent to engage In the activity jtaoiisned pursuant ; a which the infraction reiates if the respondent faiis KO pay anv fines.

penaltifo z i X04{ aj( 2.. .) r costs in accordance : nth the administrative iaw jutices or attorney exa  cithn ; 5 caiendar cays : ner';' oraer. Suspension :< : ne permit ; r : icense snaii continue until n any other rime oer. oa respondent complies wth : ne adminisrrarive iaw judges or attorney exam er's order. a: ,,. (. I : e resoondent. tr. e aarninis~ rativeiaw ludee or at: c:: an qna faiis. ,.\ lrk~ u:&. '*, ' z: i'con~.~ reau es, t nea iT. 5ilnsection e' c:,, i ney examiner 713~ ia\.. : ne !,~ po~ i~ i~ fi : Jny = anc: ion :.? iposea pena "

1. .~ ST~ C~ IS~ P~ 2 dm inI s t rci t ::. CT ri'<. I e\*:~.. zars: i3nr 6 ... 5 6 2714 & ux .& sD& FETi ' h) The Mayor may cause : o be entered ariv ? mal order requiring respondent to pay fines. penaities. or costs as a'judgement aganst respondent in the Cid Actions Branch of the Civil hvision of the Super . Corn of the Dismct of Columbia. The Mayor may enforce the judgement in same manner as any other civil judgement may be enforced under Distnct 1 ti) The iMayor mav place liens on property for nonpawent of fines, per ties, and costs as follows: ' 1) Whenever the ouiner of real property in the District of Columbia f. to pay all fines. penalties. or costs associated with a final adjudication un ths chapter. the Distnct siiail have a continuing lien upon the propen?, upon any improvements on the groperry in the amount of the outstanc charges; 2) These liens shall. have pnonty over all other liens except liens' Distxict taxes and Distnct water cnarges: and 3) If oucstandine charges remain unpaid 90 days' aker the date to apa final adjudication. and no appeal has been taken. : ne property may be for costs. at the next tax sale in the same manner and under the s conditions as propey soid for delinquent general. taxes,. if the outstan; charges, together wth penalties and costs, have not been paid in fullpnr the saie. I Oct. 5. 1985., D. C. Law 6 42. 3 203. 32 DCR 4430;? ilk. 8. 1991. Law 8 237, 4 Zij. 35 DCR 3L4., 7 0 :, .  4. ' ' . Legislative history of Law 6 42.  See : n rhe first sencence of suDsecuon la,. E rrote to 9 6 27' 01. Law 6 42, Legislative history of Law 8 237. See .' This cnaDwr. referred ~ 0 In 11( 1'~.: 5 note to 4 6 2706. Law 6 42 as anenaed by D. C. Law C 23 Referencesin text.  This act." reterrea to 5 6 2714. Final decision.

ai The oriier of the administrative law judge or anorney examLner become find 15 calendar days after semce of the order upon the responc unless. within that time the pany files an administrative appeal pursua; subchapter I11 of this chapter. ( b) The Mavor may prepare a listing of delinquenr respondents who not paid or appealed wthn 15 days of service. fines. penalties. or resulting from find decisions issued by attorney examiners and may pe cally publish such a list in one or more general mculation newsp pubiished in the District of Columbia. 1 Oct. 5. 1985. D. C. Law 6 42. $ 2! , DCR 3450: 5fa. r. 8. 1991.' D. C. Law 5 237. 5 Zjj, 38 DCR 314.)

Legislative history of Law 6 42.  See Lemslative history of Law 8 23?, nore 20 q 6 2701. note to $ 6 2706.). 8 6 2715. Service.

Any nonce , or , ortier served upon a respondent or otner person pursu lubcnapre'i~ I  t. houg& 111 ot'. tfiis cnapcer may be personails served. ciei : a the respondent's or other pers0n. s last knouin home or business'aadre iefz wth a person GI" sultable aee 2nd discrenon reSldinE or empiovea :: order req'uiring a or maded to the respondent 07 iirher person by first ciass mail to the ent against the respondent's last known home or business address. IVhen serrice is by mail. 5 of the Superior atidtional days shall be added to the time penoa \\< thin which the respondent udgement in the or other person rnay, or is required to. take any action specified in the notice or under District law. order. c Oct. 5. 1985. D. C. Law 6 42. 205. 32 DCR 4430.) ent of fines. penal Leg~ slativehisrov of Law 1542..+ re ct of Columbia fails ? OW LO 9 6 2701.

I adjuchcation under n the property and Subcnapter III. = idrnrnlstr& lr: e Review oi che outstanding S 6 2721. Jurisdiction to hear appeal. ens except liens for . The Dismct of' Cvlumoia 3oard gi'. ippeai. and Review shall entertain and er the. aate to appeai aetermm e appeais ameiy 5ied 0 persons aggrieved by orders issued by opew rnay be sold heanng examiners pursuant to chis chapter or by the Mavor. except that under . the same appeais invoiiing infractions of Chapter 4oiTitle 5. or the District of Colwnbia . ! f : he outstanding Zoning Reguiatlons shali be, entertamed ana determined by the Dismct 01 paid in full prior to Columbia. Board of Zomng A& justrnent: appeals invoiwng infractions of Chap : Mar. S. 1991. D. C. rer 1ofTitle 25. or of any reguiation isshed under the authontv ofthat chaote: shah be entertained and determined by the Distnct or' Columbia Irlcohoiu 3everage C, ontrol Board: appeals involvinp infractions of laws governinr ' orcupatlons anti proressions or of reviations issued under the authonty o those iaws snail be enterrainea 3nd ietermined by che appropnate occupa : io& or 3roiessionai board or commission: ana appeais Invoi~ lnginfraction ' r3fChaprer 25 oi'Title 45. or oiany requiauon issued under rhe authority oitha ,: napter shall be entertained ana determined by : he Distnct of CoiumDl Rental Housing Commission. Oct. 5. ! 9Sj. D. C Laic 6 42. S 2Gl. 32 DC' ornev examiner shall $ 450: SIX. S. ? 991. T). C. Law 5 23;. : 2. k,., 3s DCR 31 1. upon the respondent. Section references.  This section 15 re Legislative histon. of Law 8 237.  5 t. e appeal pursuant ta ferrea LO in P 6 2 22 . ore 20 2 <: TO6 Legshrive history of Law 642. $ re emondents who have note to q 6 2701 penatties. or costs rs ana may penodi 5 6 2722. Right to admtinistrative appeal and costs of ai ation newspapers peal. Law 6 42. 6 204. 32 . by: person ag, qeved by an order or' an aciminiscratrve iaw judge or attorn examiner issued pursuant to subchapters I and I1 of thischapter. or the May N of LAW 6.237.  See may appeal to the remervtng apencl specified : n ; 6 2721. The costs of a appeai. ypiuding.. but not limited tat : he espense 01' provialno a KranscnDt : he heannq. . snail be borne by the appeilant xiiess excusec by the Ma! gursuant to rules issued by the > layor. ' Oct. 5. i9kS. D. C. Law 6 42. $ 302.

=.

' , 9 6 2723. Scope of review.

The rewemng agency shall make a determinatioh , of each appeal on the basis of the. record established before the adminismative law Judge or attorney examlner. The re\ iewing agency shali set aside anv administranve law judge or attorney examiner order that is without obsersance of procedure required by law or repiations. including any applicabie procedure required by subchapters I and  11 of ths chapter, or any administrative Law judge or attorney examiner order that is unsupported by a preponderance of the evidence on the record. The revleurlng agency snd appiy the rule of harmless error. ana shall have power to affirm. reverse. or modi& the order of the acimimstran~ eiaw judge or atrorney examiner. The rewewng agency ma! remand a case [ or further proceedings before the aaministratn'e law judge OT attornes esamrner.  4 tewewng agency may nor: nodie a monetary sancnor imposed by an admimstrat~ veiaw judge or attomey examiner if that sancnor is wthn the htts established by jaw or re, guiauon. Oct. 5. 1985. D. C. La? 6 42. 3 303.32 DCR 4450: llar. S. 1991. D. C. Law 5 23:. $ 3rr11.38DCR 314 Legislative history of Law 642.  See Legislative history of Law 8 237. 3e now to Q 6 2701. p note to $ 6 2706 DISTRICT OF C , TITLE I, Chapter 15 rative Procedures . kc ADMINISTRATION . ADMINISTRATICE PROCEDURE. ,

Subchapter 1. Ahmstrative procedure.

SeC. 1 1501. Effect of subchapter. 1 1502. Definitio~. 1 1503. Establiabment of procedures. 1.1504. open meetings; transcnpts. 1 1505. official pubticatione. 1.1506. Public notice and participation in rulemakmg emergency rules. 1 1507. Compilation of rules and regulations. 1 1508. Declaratory orders. 1.1509. Contested cases. 1 1510. Judicial renew. 1 1511. iRepealedI.

Subchapter U. F+ om of Information.

1 1521. Public policy. 1 1522. Right of access to public records: al lowable costs: time limits. 1 1523. Letters of denial. 1 1524. Exemptions & om disclosure. 1 1525. Recordrng of final votes. ! 1526. fnformation required to be made pub1ic I. 1527. Adrmnistrative appeals.

Cited in Rhema Chnstian Center v Distnct of Columbia Bd. of & rung Adjustment. App. gsec. 1 1528. Oversight of disclosure acrivrties. B71 529. Definitions.

Subchapter LU. lagai Publication.

I 53I Defitutiona. 1 532. Distnct of Columbia hlunicipal Rep iations. 1 533. District of Columbia Repster. 1 534. Docurnentd to be filed in the Distnct of Columbia Office of Dwumenm. 1 535. Permanent supplements to the Dis nct of Columbia Municipai Regularions I 536. Documents to be filed with Xdminis S rrator. 1 1537 Publication. specifications, and distnbution of the Distnct of Columbia Mwcipal Regulations. 1.1538 Legal effectiveness of documents. 1 1539 Correction of errors In documents. 1 1540 Certification 1.154 1 Presumption created by publication. 1 1542 Penalties D. C.. 515 A. 2d I89 11986): Spever v Barry, hpp. D. C., 568 A. 2d 1147 119911.

Subchapter I. Administrative Procedure.

9 1 1501. Effect of subchapter.

This subchapter shall supplement all other provisions of law establishing procedures tm be observed by the Mayor and agencies of the District government in the application of laws administered by them, except that this sub chapter shall supersede any such law and procedure to the extent of any conflict theremth. ( Oct. 21, 1968,82 Stat. 1204. Pub. L. 90 614, 4 2; 1973 Ed., 6 1 1501; Od. 8. 1975, D. C. Law 1 19, title I, 9 102( aJ, 22 DCR 2048: Mar. 2% 1977, D. C. Law 1 96, S 3( a), ( c), 23 DCR 9532b. j ' 1 Section references.  This section IS rs ings on June 3. 1975 and June 20. 1975. respec ferred to in 9! i 1 624.24. 1 1306. 1.1431. tivelv Signed bv the Mayor on Julv 10. 1975. 1 1432. 1 1435. 1 1451. 1 1533. 1 1904. 1 2502, was assiqed Act No. 1 30 and transmitd to 1 2541. 1 2552. 2 2309. 6 1506. 11 722. 00th Houses of Congress for ILS review. 11 1525. 29 817. 36 209. 36 322. 36 412.  hpslauve history of Law 1 96.  See !! 10 404. and 47 1462. note LO 9 1.1521. Leddative history of Law 1 19.  Law D. C. Board of Appeals and Renew e* 1 19 was induced in Council and assigned tabtished.  Se Mavor's Order 84 79. Ad Bill No. 1 1. which was referred to the Com 26. 1984. as amended bv Mavor's Order 86 50, . a mittee of the Whole. the Committee on ? he Ju. . ilarch 31. : 986 7 dicta? and the Committee on Criminal Law Purpose of subchapter.  i'onPss The Bill was adopwd on tirsr and secona reaa. lduptd this subchapwr KO assure a lair and 1 204 i . mjfom administrative process for local mnt agencies. Citizens Ass n v. District.__

: h. pter supersedes other laws.

I & chapter supersedes any law or proce I of the Mayor, the Council, and the agen of the District government, where they mirt with the provisions of the subchapter.

pF&$ apter applicable to unemployment ~~~~ nsatiunprocedings.  This sub b & pwr applies to proceedings under the Un r  mployment Compensation Act ( Title 46), and . .  ii\. L.. I ; !,: ~ lr, iy~: di!  mdh,, gvinc nmwrlrlrrc hv __ Unemployment Compensation Board in an unemployment compensation proceeding. Woodridge Nursery School v. Jessup, App. D. C., 269 A. 2d 199 ( 1970); Wallace v. District Comp. Bd., App. D. C., 289 A. 2d 885 ( 1972), ad, 294 A. 2d 177 ( App. D. C.

And Zoning Commission hearings.  Thie subchapter is applicable to proceedings before the Zoning Commiasion. Capitol Hill Restoration Soc y v. Zoning Comm n, App. D. C., 287 A. 2d 101 ( 1972). Where controversy ia a   contested case .  A controversy which amse out of the Zoning Commission s actions in granting a change in zoning so as to permit a townhouse development which action followed an adjudicatory hearing, is a   contested case  so that Court of Appeals has jurisdiction to review the action. Palisades Citizens Ass n v. District of Columbia Zoning Comm n, App. D. C., 368 A. 2d 1143 ( 1977). But not to quasi legislative proceedings before Zoning Commission.  Proceedings 61 before the District of Columbia Zoning Com 1 mission are quasi legislative in character, not 1 adjudicative in nature, and the strictures of this subchapter and the full range of due pro Y cess protections necessary to an adversary ad

I judication are not applicable. Ruppert v. Wash ington, 366 F. Supp. 686 ( D. D. C. 1973), affd, I 543 F. 2d 416 ( D. C. Cir. 1976). Subchapter applicable to Public Service Commission except for standard and scope of review.  The provision of B 11 722 which t gives the Court of Appeals jurisdiction to re

) view orders and decisions of any agency of the District in accordance with the Administrative Procedure Act, and to review orders or decision of the Public Service Commission in accordance with Commission sorganic act ( Title 43). carves out only a limited area in which Administrative Procedure Act is inapplicable to the Commission, that being in the area of standard and scope of review, rather than a wholesale exemption from Administrative Procedure Act coverage. C & P Tel. Co. v. Public Sew. Comm n, App. D. C., 339 A. 2d 710 ( 1975). Subchapter inapplicable to Nationai Capital Housing Authority.  The National Capital Housing Authority is not an   agency of the District of Columbia  within the meaning of this subchapter. Coleman v. United States, App. D. C., 311 A. 2d 496 ( 1973). And to Joint Committee on Landmarks.  Join6 Committee on Landmarks of the National Capital, as an intergovernmental agency, is not an agency of the District of Co lurPbia, and the Court of Appeals lacks jurisdiction to entertain petition for review of its action under this subchapter. Latimer v. Joint Comm. on Landmarks, App. D. C., 345 A. 2d 484 ( 1Y 12).