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Business and Land Regulation Recommendations

Fire Marshal

Remove the Fire Department/Fire Marshal's Office from the plan review/permit process.
Create a new fire/life safety review division within DCRA/BLRA staffed by fire code engineers, technicians and inspectors trained in plan review of fire suppression and other life safety systems, and budget funds to allow for the hiring and training of staff.
Move fire suppression/life safety systems inspection to "close in" inspections instead of "final" inspections.

Permit Processing

Budget funds to allow for hiring and training of staff and full automation of BLRA permit processing, including "on line" permit applications and electronic filing. Applicants should be able to track the status of the permit on line, 24 hours per day.
Allow private surveyors registered and licensed in the District of Columbia to prepare the building plot required for construction permits in lieu of the D.C. Surveyor's Office.
Expand existing code compliance self-certification programs to as many areas as feasible.
Implement a system for review of the most current edition of BOCA Codes for adoption and provide certification training for all technical review staff.
Create and maintain a public information system (i.e. website and/or handbooks/manuals) that provides application forms and details the steps required of every applicant.
Reinstate and staff the homeowner's desk for expedited review of homeowner projects, such as decks and additions.
Establish an automated, centralized complaint center for DCRA to receive, refer and track inquiries and complaints to resolution.
For a fee, allow applicants expedited review by assigning a technician/liaison to monitor the project through the technical review process; preapplication review meetings and technical review meetings within 2 weeks of filing; and overtime work by technical staff/inspectors to expedite the issuance of the permit.
Publicize existing "post card" permit system for plumbers and expand the system to allow for "pocket" permits for D.C. licensed and registered plumbers, electricians and other contractors for all non-structural interior renovations of single-family homes and other commercial jobs that do not exceed a specified dollar amount.
Allow licensed District of Columbia architects and/or engineers who have practiced in the District of Columbia for three or more years and who have successfully completed two or more projects as "Architect/Engineer of Record" to obtain and issue "post-card" building permits for residential renovation and additions valued at $50,000 or less by certifying to DCRA that the design (a) meets all BOCA Code and D.C. Building Code Supplement requirements, and (b) requires no zoning relief from the BZA.
Conduct education/training seminars for the general public and regularly schedule seminars to explain how the process works.
Invite other departments and entities [Department of Public Works, Fire Department, Environmental Regulation, private utilities) to technical review meetings either on a regular basis or every other week to resolve permit coordination issues.
Require that resubmissions of plans made in response to technical review comments be given review priority.
Establish an elevator review function within the technical review branch.
Provide site plan approval by the Public Space Committee concurrent with the building permit.
Put a person or mechanism in place to coordinate with and resolve any conflicts between the Department of Public Works and Water & Sewer Authority.

Zoning

Allow attorneys and architects registered and licensed in the District of Columbia to prepare zoning memoranda certifying the zoning relief needed from the Board of Zoning Adjustment (BZA) as an alternative to those prepared by the Zoning Administrator's Office. Erroneous certifications detected by the Zoning Division or BZA staff will require a second application fee, a substantial fine and an increased risk of revocation of the right to further certifications. Allow attorneys and architects registered and licensed in the District of Columbia to certify to the Zoning Division/BZA that no zoning relief is needed in connection with the permit application (i.e., that the permit action proposed is matter-of-right).
Create separate BZA and non-BZA tracks for project review in the Zoning Division.
Require the Zoning Administrator be a registered and licensed architect, landscape architect or civil engineer in the District of Columbia, with certain District of Columbia minimum experience requirements in zoning.
Expedite Office of Planning referral for roof structures.
Permit an application which requires plan review, but does not obtain architectural or legal certification, to file first with the BZA with a referral to the Zoning Division and a mandated 30-day turnaround by the Zoning Division. If the Zoning Division does not meet the deadline, the BZA staff will calculate the necessary zoning relief. Staff shall schedule the hearing and notify the applicant generally no more than 90 days from the filing date.
Develop a BZA zoning referral for residential applications involving no construction or plan review. Provide applicants a preprinted form with the section number for filing with the BZA.
Bypass the Zoning Division for BZA order renewals and allow direct filing at the Office of Zoning.
Reinstate the schedule of two to three BZA hearing dates per month. Consider expanding the number of BZA members from five to seven or more to permit rotating panels to schedule hearing dates in a timely manner. Or, amend the Zoning Act/Zoning Regulations to establish new quorum and voting rights to allow for three-member panels.
Establish a BZA consent calendar process for unopposed applications, such as special exception renewals, to expedite agendas and speed approvals.
Create a preprinted BZA order form to be issued within 10 days or less of the decision of the BZA.
Reschedule all continued or postponed cases within 30 days of the original hearing.
Do not postpone previously scheduled cases to facilitate BZA-expedited hearings.
Expand the use of BZA bench decisions and summary orders.
Streamline the format for full BZA orders and require issuance of all orders within 90 days of the BZA's oral decision.
Require parties in opposition to BZA applications to file written submissions in advance of the hearing.
Publish in hard copy and on disk all Zoning Commission and BZA Orders at least annually and make them available for purchase by the general public.
Require the scanning or other preservation of all existing zoning maps and atlases and implement a system for updating zoning data.
Require the issuance of Certificates of Occupancy for all new single-family dwelling construction and existing non-residential structures converted to a single-family dwelling.
Allow the Zoning Administrator to grant area variances or otherwise approve variances or non-conforming conditions which do not exceed some percentage of the required standards, such as 2%, 3% or 5% .
Appoint a task force to conduct a comprehensive review and evaluation of the impact of all zoning laws and regulations on the District of Columbia and recommend amendments as required. The task force should evaluate the qualifications and requirements for all BZA and Zoning Commission members and recommend changes as required.

Historic Preservation

Require applications for designation of individual landmarks to be conducted as "contested case" proceedings under the D.C. Administrative Procedures Act to allow property owners the opportunity to cross-examine witnesses and a judicial forum to appeal Historic Preservation Review Board (HPRB) determinations.
Impose filing and hearing fees on applications for designation of individual landmarks or historic districts.
Require notification to the affected property owner prior to the acceptance of an application.
Create minimum standards for accepting applications and provide for automatic rejection of any application that does not meet minimum standards.
Require a hearing on any landmark designation within 90 days of filing.
Prohibit refiling for designation of an individual landmark or historic district which the HPRB [h]as declined to designate and prohibit refiling of any withdrawn application within the subsequent 12-month period unless there is assent of all parties to refile.
Require HPRB, Old Georgetown Board and the Commission on Fine Arts staff to develop guidelines on projects which require review. Determine how to best coordinate and expedite review. Publicize these guidelines.
Review the statutory qualifications for HPRB members and amend as necessary to assure that the HPRB reflects a diverse and qualified body.

Surveyor's Office/Street and Alley Closings

Move the D.C. Surveyor's Office from the Department of Public Works to DCRA or, alternatively, to the Office of Tax and Revenue for maximum staffing and economic benefit.
Allow registered and licensed private surveyors in the District of Columbia to pre pare the plats required in connection with construction permits in lieu of the D.C. Surveyor's Office.
Reduce the number of years of experience required to be recognized as a qualified private surveyor from five to three years and evaluate certification exam for possible modification.
Budget funds for scanning or other preservation of plats, maps and other records to permit unrestricted access by the general public.
Remove the D.C. Surveyor's Office as the "hub" of the street and alley closing process and create within DCRA a new "Street and Alley Closing Division" adequately staffed and trained to coordinate all such applications and expedite agency/private utilities reviews.
Impose time limits on all reviewing agencies and provide that their approval is deemed given if no objections are made within 45 days of filing.
Allow registered and licensed private surveyors in the District of Columbia to pre pare alley/street closing plats.
Require the Surveyor's Office to update its list of "paper" streets and alleys shown on the Highway Plan or elsewhere which are likely candidates for closing by omnibus act by the Council of the District of Columbia upon determination that they are not necessary to the public interest and proceed with notice and hearings to close same.
Evaluate the housing linkage program (in both the street and alley closing process and the Planned Unit Development process before the Zoning Commission) and its possible repeal.
Amend street and alley closings legislation to permit closings by Council resolution in lieu of legislative act.

Office of Planning/Large Tract Review

Modify Large Tract Review, Mayor's Order 86-212, D.C. Code Section 1-249, 10 DCMR Chapter 23, to increase the current threshold of 50,000 gross square feet to 200,000 or more gross square feet, and increase from three to five acres or more the threshold for discretionary subdivision review.
Create additional exemptions for projects and/or subdivisions which are reviewed and approved by the National Capital Planning Commission, the BZA, HPRB or the Mayor's Agent for Historic Preservation.
Implement a mandatory time limit for processing the application, and limit the number of extensions to one additional 60-day period.

Covenant Processing

Create standardized forms of covenants approved by the Office of the Corporation Counsel and make them available to practitioners and the general public.
Impose a 30-day review period for all covenants by the Corporation Counsel.
Allow for the simultaneous review of a finalized covenant by all reviewing agencies and impose a 30-day review period. Agency approval to be deemed given if it fails to respond within 30 days.
Consider the creation of an interagency covenant review committee with representatives from the Office of the Corporation Counsel and all relevant agencies, and require the Committee to schedule meetings at least monthly to procure all covenants, resolve any problems and finalize the covenants for execution. Establish mandatory response time for the processing of covenants, such as 60 or 90 days.

Business Regulation Administration Recommendations

Establish an overall business registration program that would register businesses in the District of Columbia, and assign a single ID number to a business for use by all relevant agencies in their respective regulation and enforcement capacities.
Create two classes of business licenses: inspected and non-inspected with late fee provisions as well as suspensions and revocation rights. A chart listing the Commission's recommendations for statutory and regulatory reform of business licenses categories is found in the BRA Subcommittee Report in the Appendix [of the BRRC report].
Reduce the current 129 categories of licenses to 11 and include those businesses that are not currently required to be licensed. Convert all licenses to a standardized with a two-year cycle with staggered renewal dates for ease of administration.
Create a "General Business License" for approximately 10,000 businesses in the District of Columbia which currently belong to no license category. This category of license could generate approximately $2 million in revenue.
Utilize a 90-day amnesty program targeting non-compliant businesses which could generate another $250,000 to $500,000, depending on the category.
Develop self-certification programs as feasible to modify the burden of regulation with respect to as many businesses as possible.
Locate the license operation in a physical location that is convenient, yet functionally adjacent to other agencies where feasible. In any event, provide for an integrated intra-agency and inter-agency information system to facilitate licensing and permitting functions.
Create a user-friendly, computerized system whereby clients can apply for licenses, permits and inspections on line or via computer in centrally located kiosks.
Integrate information systems between DCRA, Recorder of Deeds computerized system, and Office of Tax and Revenue cash management and integrated tax systems to work with DCRA.
Enact legislation providing for a dedicated fund for reinvestment of revenues generated by BRA to be earmarked for training, technology and communications equipment sufficient to enable BRA to achieve its mission.
Cross-train inspectors.

Street Vendors

Place a moratorium on the issuance of any new vending licenses immediately. (Single or multi-day vending licenses are not affected, i.e., festivals, Adams Morgan Day.)
Implement a lottery system for the Central Zone including Georgetown and Adams Morgan. Break these zones into two categories.
- Tourist -- Class A through C
- Business -- Class A through C
Assign lottery spaces for two years and assign by name and location.
Increase "fee in lieu of taxes" to equate to sales potential of various classes of public space and vendor revenue.
Substantially improve the design and construction standards of the carts and tables used and set size standards for the size of carts and tables. Mandate the Public Space Committee to enforce compliance on a consistent basis.
Base lottery fees on location of the vendor.
Set standards for materials and goods to be sold.
Permit the introduction of new food items as technology evolves, i.e. cappuccino machines, stir fry, blended fruit drinks.
Revoke or suspend licenses for use infractions.

Office of the Recorder of Deeds

Reform the anachronistic law, passed in 1898 relating to mortgages and deeds of trust to include an accurate recordation system (including current addresses), alternative methods for releasing deeds of trust; a sunset provision on deeds of trust (statute of limitations on liens to be 12 years after the maturity date of the obligation secured by the deed or, if no maturity date, 35 years from date of recordation) and enforcement of lien release within 30 days of payment.

Office of Compliance

Increase the number of attorneys in the Enforcement Division to a minimum of 10.
Amend D.C. Code Section 6-2701 and 6-271 1; 16 DCMR Chapter 32 to provide OCOM with the authority to issue civil infraction notices for all of the categories it investigates and enforces.
Amend D.C. Code Sections 28-3901 et seq., and 40-1300; 16 DCMR Chapters 13 and 14, the Consumer Protections Procedures Act and Automobile Consumer Protection Act law to create a monetary threshold of $2,500 in order to trigger OCOM's jurisdiction except for cases involving patterns of abuse. (The enforcement provisions of these laws have been suspended until October 1, 1998.)
Consumers not meeting the threshold can find recourse in Small Claims Court, the Better Business Bureau and or through legal service providers. Also, DCRA should be empowered, on a discretionary basis, to engage in enforcement and investigative activities even in advance of the expiration of the current suspension.
Amend 16 DCMR Chapter 32 to increase the level of fines for all categories of civil infractions under OCOM jurisdiction.
Amend D.C. Code Section 5426;11 DCMR Chapter 32 to permit the administrative revocation of Certificates of Occupancy where the activities authorized are not commenced within 90 days of issuance.
Amend D.C. Code Section 5426; 11 DCMR Chapter 32 to permit the administrative closing of businesses operating in clear violation of Certificates of Occupancy through use of a "show-cause" process in which the owner is required to demonstrate that the activities engaged in are permitted under the Certificate of Occupancy.
Create a new statutory provision to permit the administrative closing of a business operating without a Certificate of Occupancy.
Expand the DCRA Home Page website to include the status of all licenses to encourage self certification of licensing by the public before contracting for services.
Amend the D.C. Code to provide for the electronic filing of signatures.
Budget funds for business community outreach programs to help create self-enforcement mechanisms within various industry groups.
Review D.C. Code Section 6-2703 to expedite the handling of violations. See D.C. Code Section 40-601 et seq. for traffic adjudication provisions.

Housing Regulation Administration Recommendations

Rental Housing Conversion and Sale Act

Repeal D.C. Code Sections 45-163145-1642 which provide the right for tenants to negotiate for the purchase of a rental building before sale to a third-party purchaser.

Rental Housing Act

Immediately decontrol units that are presently vacant or become vacant.
Immediately eliminate limitations on capital improvements under rent control (including the petition process) and permit full, permanent pass-through of improvement costs as a matter of right.
Immediately eliminate rent increase filing requirements, except for new registrations and exemptions.
Completely phase-out the rent control program at an early date, except for (1 ) people 65 or over, with household incomes of $40,000 or less on the date of enactment of phase out legislation, and (2) tenant petitions for reductions in building services and facilities.
Redirect all fiscal administrative expenditures formerly required of the Rental Housing Act to housing code enforcement.
Consider tax inducements for rehabilitation of housing stock coupled with retention of moderate-income families.
Revise D.C. Code Sections 45-2551 (d) and (e) to permit the tenancy of a tenant living in a single-family housing accommodation (i.e., a house or a condominium unit) to be terminated on a 60-day notice (rather than the current 90-day notice).
Revise D.C. Code Section 45-2551 (a) to eliminate the current provision which allows a tenant whose lease has expired to remain in occupancy perpetually if the tenant pays the rent charged by the landlord for the housing unit.
Revise D.C. Code Section 45-2551(9)(1) and 45-2551(1)(A) to shorten from 180 days to 60 days the time for a notice to vacate in the event of discontinuance or demolition of a building.
Repeal D.C. Code Sections 45-161145-1615 to eliminate the process for approval by tenants of conversions to condominium and cooperative ownership.

Inspections

Adopt a District of Columbia-specific version of the Building Officials and Code Administrators (BOCA) code for housing inspections and train inspectors to apply the revised regulations.
Assign field inspectors to respond to the 12,000 annual complaints at HRA. Budget for additional new inspectors and conduct BOCA training prior to field assignments. (Staffing must be increased to provide sufficient inspectors to respond to complaints; to conduct walk-through surveys; to act as target-area floaters; to inspect each rental property every two years; and to act as back-up officers.
Require field inspectors to use their personal automobiles with District of Columbia government to reimburse for mileage and insurance riders to hold the District of Columbia harmless.
Provide housing inspectors a pre-printed form containing the current address, any prior inspection history and a standardized list of items to inspect. Provide access to scanners so inspectors can quickly input their reports into the computer upon their return to the office. Alternatively, provide hand held computers for inspectors to input data from home or the field to the office.
Cross-train inspectors to be able to cite violations in housing, building and sanitation codes.

Licensing

Increase user fees to recoup operating costs and remain competitive with surrounding jurisdictions.
Institute a late filing fee and substantially increase the fee for operating without a license after 30 days.
Establish a bi-annual renewal cycle to reduce paperwork.
Computerize notice and follow-up system and interface with a newly computerized cash management system.

Enforcement

Develop a comprehensive, integrated state-of-the-art automated system as follows: (1) geographic information system (GIS) to identify deteriorating neighborhoods/areas, measure deterioration, allocate field staff, evaluate achievements, and facilitate licensing and permits, (2) property database shared intra- and inter-agency to determine tax status, zoning, building, Recorder of Deeds, District of Columbia Surveyor, and licensing, (3) cash management system to process civil infractions and adjudication, and (4) a telecommunications system to facilitate complaints and reduce response time and track hearing proceedings.
Enact legislation to establish a registration program for vacant properties and provide funding to repair substandard or dangerous properties under the Building Repair Program. Utilize existing lien provisions to receive compensation for costs of repair.
Increase criminal prosecution of repeat offenders.
Impose a "provisional license" for accommodations where the owner has a history of non-compliance and/or untimely compliance.
Substantially increase fines for lack of timely correction of violations.

Fine Collection

Require agencies outside of the Office of Adjudication who promulgate civil infractions to provide financial and human resources to HRA.
Institute a formal arrangement with the Office of Tax and Revenue for bi-annual collection and the attachment of liens to violators. Alternative: contract with a private company to collect fines and design an automated system.
Acquire personal computers with modems and dedicated phone lines using remote access hardware as part of a larger DCRA systems design. Provide technical support and systems training.
Create an intra- and inter-agency database which includes the Office of the Comptroller so that revenues collected in HRA and OAD are promptly posted.

Insurance Administration Recommendations

Reduce the Premium Tax Fee to insurance companies from 2.25% to 1.7% so that the District of Columbia's effective rate when added to the Regulatory Trust Fund Assessment is 2% which is in line with other states.
Enact legislation that would allow insurance companies to convert to stock companies to enhance the company's ability to raise capital.
Enact Unfair Trade Practices legislation to bring the District of Columbia in line with other jurisdictions in requiring insurance companies to process consumer claims within 30 days.
Assess a fee of $5 for the issuance of Licensure Certifications.
Assess a fee of $125 for licensing Third-Party Administrators (investigations, enforcement, legal support, site visits, civil infractions.)

Occupational and Professional Licensing Administration

Direct all fees collected from occupational and professional licenses into a dedicated fund used exclusively to improve the operation of OPLA.
Adjust fees, where necessary, to cover the costs of operation. At the time of application, collect both the application fee and license fee.
Establish a Pilot Program involving physicians, nurses and architects, which would allow them to be licensed through their local professional organizations. The District of Columbia would retain its authority to set policy, interpret laws, set licensing standards, discipline licensees and regulate professional practice.
Automate the licensing and regulatory process and provide interface with both departmental and city-wide systems. Specifically, all license records must be consolidated into a single records management system. Also, purchase a new phone system to include voice mail and license status information systems.
Provide appropriate investigatory and legal staff to assist the boards in taking vigorous and timely enforcement actions. To ensure full compliance and public safety, establish an amnesty period to allow persons engaged in occupations and professions to come into compliance with applicable licensure laws without undue penalty.
Introduce "sunset legislation" to allow for periodic objective review of all regulatory boards, commissions and registration programs.
Introduce mechanical trades legislation for occupational licensing of plumbing, electrical, refrigeration/air conditioning, and steam and other operating engineers.
Negotiate reciprocal licensing relationships with other state and territorial boards, especially those in Maryland and Virginia.
Computerize examinations administered by regulatory boards.
Standardize the nomination and confirmation process for boards. Currently, 19 boards require the Mayor's nomination of members, whereas 14 other boards require mayoral nomination and City Council confirmation.
Repeal the annual $250 non-regulatory professional fee paid by lawyers, accountants, acupuncturists, architects, chiropractors, dentists, doctors, interior designers, optometrists, podiatrists, professional engineers and psychologists. The loss of revenue is offset by a standardized $200, two-year General Business License for all persons conducting business in the District.
Insure OPLA has adequate staff to carry out its mission. Provide on-going and timely staff training in computer use, writing skills and customer service.
Establish a Health Reform Commission consisting of six to eight people to study all health-related programs and governmental agencies that interrelate on health matters. The Health Commission shall make recommendations that will assist the new Department of Health in developing a business plan. The Commission shall sunset eight months after its formation.

Boards and Commissions

The commission undertook a commission-by-commission, board-by-board review with an eye toward determining the validity of the need, whether properly staffed, number and purpose of meetings, and criteria for appointments. There are now approximately 230 boards and commissions in the District of Columbia that ore mandated by D.C. Law, federal mandates, Public Law, Mayor's Order, Commissioner Orders (before 1-74), or legislative action {D.C. statutes). Due to the lack of a central automated tracking system to follow legislative and executive changes, and a lack of up-to-date automation, it is difficult to be precise. Due to the uniqueness of Washington, D.C., in having both city and state functions to perform, the number of boards and commissions may appear to be larger in comparison to other jurisdictions. For example, in Fairfax County, Va., there are approximately 56 boards and commissions. However, the states of Virginia and Pennsylvania also have many state-wide boards and commissions that directly affect the actual numbers.

The Commission recommends reducing the number of boards and commissions not required by federal legislation, that lack financial resources and staffing, have outdated and/or redundant subject areas and functions, are inactive and if their demise does not threaten the health and safety of citizens or the protection of consumers. Some of these could be financed and operated privately.

Environmental Policy Act and Other Environmental Recommendations

Repeal the D.C. Environmental Policy Act, in its entirety (D.C. Law 8-36, D.C. Code Section 6-981, et seq.
Establish an Executive Branch Task Force (similar to this Commission) to review the regulation of underground storage tanks used for the storage of heating oil and streamline any regulatory overlap between the ERA and the new Department of Health which will oversee both the Service Facility Regulation Administration and the ERA in Fiscal Year 1998.
Repeal the Toxic Source Reduction Business Assistance Amendment Act of 1990, D.C. Law 8-229.

Service Facility Regulation Administration Recommendations

Relocate the District of Columbia law on pharmacies in Title 33, along with other laws on drug related businesses by recodifying the Pharmacist and Pharmacy Regulation Act of 1980, D.C. Law 398, D.C. Code Section 2-2001, et seq.
Amend the Uniform Controlled Substances Act of 1981 to broaden enforcement authority, clarify the responsibilities of registrants, and modify the schedules for controlled substances.
Establish a trust fund account to allow fees collected by SFRA for licenses, permits and registrations to offset actual and operating expenses.
Repeal Subchapter II, Prescription Drug Price Information Amendments, D.C. Law 1-114, D.C. Code Sections 33-711-716 which requires SFRA to provide each pharmacy with a poster that lists the 100 most commonly used drugs for posting and review by consumers.
Establish an Executive Branch Task Force (similar to this Commission) to review and streamline operational and personnel procedures, licensing and rulemaking authority between the SFRA and the new Department of Health.