Reposting from December 11th:
This winter, DPW will begin enforcing the Winter Sidewalk Safety Act(see
below for details), which imposes a fine on District property owners who fail
to remove snow and ice from the sidewalks, curb cuts and curb ramps
abutting their property within 8 hours of day light after snow has ceased
from falling. The details of the new law are below:
DEPARTMENT OF PUBLIC WORKS NOTICE OF FINAL RULEMAKING
The Director of the Department of Public Works, pursuant to the authority
set forth in Section 8 of An Act providing for the removal of snow and ice
from the paved sidewalks of the District of Columbia, effective March 11,
2015 (D.C. Law 20-211, 61 DCR 13074 (December 26, 2014)) (the Act), and
Mayor’s Order 2015-174, dated June 25, 2015, hereby gives notice of the
adoption of a new Chapter 17 (Winter Sidewalk Safety) of Title 24 (Public
Space and Safety) of the District of Columbia Municipal Regulations (DCMR).
The adopted rules provide guidance on compliance with the Act, set forth
the penalty for failure to comply, and establish a process by which a senior
citizen or resident with a disability may self-certify his or her exemption
from compliance.
A Notice of Proposed Rulemaking was published in the D.C. Register on
August 21, 2015 at 62 DCR 011600. No comments were received during the
comment period. Comments received after the comment period were
considered; however, no changes were made to the rulemaking. The rules
were adopted as final on October 5, 2015, and will become effective upon
publication of this notice in the D.C. Register.
Chapter 17, WINTER SIDEWALK SAFETY, of Title 24 DCMR, PUBLIC SPACE AND
SAFETY, is added to read as follows: CHAPTER 17 WINTER SIDEWALK SAFETY
1700 WINTER SIDEWALK SAFETY: GENERAL PROVISIONS
1700.1 Each owner of a commercial or residential building or property in the
District shall remove snow and ice from any paved sidewalks, curb cuts, and
curb ramps abutting the building or property within eight (8) hours of
daylight after the snow or other precipitation has ceased falling, regardless
of the source of the accumulation.
1700.2 The owner may delegate this responsibility to a tenant, occupant,
lessee, or other individual (referred to in this chapter as a “delegee”) by
written agreement.
1701 DUTIES OF OWNER OR DELEGEE
1701.1 In carrying out his or her obligation under Section 1700, the owner
or delegee shall:
(a) Clear the entire width of the sidewalk or to a width of thirty-six inches
(36ʺ), whichever is less. If only a width of thirty-six inches (36ʺ) is required
to be cleared under this paragraph, the owner or delegee shall ensure that
the sidewalk is cleared in a continuous path;
(b) Clear all curb ramps that provide access to the sidewalk, regardless of
the source of snow accumulation;
(c) Clear all curb cuts abutting the property, regardless of the source of
the snow accumulation; and
(d) Place snow or ice in the tree box area or in the grassy area adjacent to
the sidewalk. If no tree box or grassy area is present, the owner shall place
the snow or ice in the area of the sidewalk adjacent to the curb but not in
the street or bicycle lane.
1701.2 If snow or ice cannot be removed without damaging the sidewalk,
the owner or delegee shall cover the snow or ice with sand, sawdust, or
another appropriate substance to render the sidewalk safe for pedestrian
travel.
1702 PENALTIES FOR FAILURE TO COMPLY
1702.1 If the owner or delegee fails to properly remove or cover snow or
ice within twenty-four (24) hours after the snow or other precipitation has
ceased to fall, the Mayor or his or her designated agent may issue a notice
of violation for the failure to comply with this section.
1702.2 No more than one (1) notice of violation may be issued within a
twenty-four (24) hour period for the same property.
1702.3 The fine imposed for a violation shall be:
(a) Twenty-five dollars ($25) for a residential property; and
(b) One hundred and fifty dollars ($150) for a commercial property.
1702.4 A notice of violation issued under this subsection shall be adjudicated
pursuant to the Litter Control Administration Act of 1985, effective March 25,
1986 (D.C. Law 6-100; D.C. Official Code §§ 8-801 et seq.).
1703 EXEMPTIONS FOR SENIOR CITIZENS AND DISABLED PERSONS
1703.1 A residential property owner who is sixty-five (65) years of age or
older or who is disabled shall be exempt from the provisions of this section.
1703.2 If such an owner is issued a notice of violation, it shall be a complete
defense if the owner self-certifies that he or she is sixty-five (65) years of
age or older or disabled, unless the District shows by a preponderance of
the evidence that the certification is false or does not meet the standards
set forth in Subsection 1703.1 of this section.
1703.3 For the purposes of this section an owner is disabled if the owner:
(a) Has been determined to have a disability pursuant to a government
assistance program; or
(b) Has evidence from a medical doctor that he or she is unable to, or should
not, undertake the physical activity required to remove ice or snow.
1703.4 For the purposes of the exemption set forth in this section, the
property must be owner-occupied and residential.
1799 DEFINITIONS
1799.1 For the purposes of this chapter, the following terms shall have the
meanings ascribed:
Commercial property - property that does not receive District government
solid waste collection service.
Curb cut – a depression or opening in the curb along the traveled portion of
a roadway created to permit the travel of motor vehicles from the roadway
to property adjacent to the roadway.
Curb ramp – a ramp cutting through a curb or built up to the curb, generally
designed to provide an accessible path to individuals with disabilities, such
as a ramp leading from a roadway to a sidewalk.
Residential property - property that receives District government solid
waste collection service (residential buildings containing three (3) or fewer
dwelling units) as defined in 24 DCMR § 1399.1.
Our Clean Team this weekend
Our team will work regular hours on Friday and Saturday with a focus
on pretreating and clearing snow from the curb cuts, crosswalks, bus
stops and fire hydrants. On Sunday after the snow has stopped we will
bring on 2 additional team members to really help clear the snow.
Questions: please call Kristen at 202-997-0783.
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