Code of the District of Columbia

§ 6–1405.02. Third party plan review.

(a) The Mayor shall allow qualified third party plan reviewers to review construction documents, or components of construction documents, and certify their compliance with the Construction Codes.

(b) The Mayor may promulgate rules to establish the minimum qualification requirements for third party plan reviewers, procedures for expedited review of construction documents certified by a third party plan reviewer, rules to ensure that a third plan party reviewer does not have any conflicts of interest, and other matters relating to the administration and oversight of third party plan reviewers; provided, that:

(1) A third party plan reviewer shall possess a valid license as an architect or professional engineer in the District pursuant to part A or J of subchapter I-B of Chapter 28 of Title 47.

(2) To maintain an appointment as a third party plan reviewer, a third party plan reviewer shall maintain the license required by paragraph § 6-1405.02(b)(1) of this subsection and recommend for submission construction permit applications and construction documents that consistently meet the requirements of the Construction Codes, as determined by a periodic detailed review by the Director of the documents for consistency and thoroughness.

(c) The Director shall have authority to revoke the certification of a third party plan reviewer for failure to comply with the requirements of this section or rules promulgated pursuant to this section.

(d)(1) To qualify to work as a third party plan reviewer on a project, the third party plan reviewer shall not be controlled by the owner of the project, or any person or entity with an ownership interest in the project, the general contractor, a subcontractor, or any person or entity responsible for the design, construction, or management of the project.

(2) The third party plan reviewer shall not serve or have served on the same project as an advisor or consultant to the owner or the design team in connection with Construction Codes matters for which the third party plan reviewer is providing plan review and certification services or provide inspection services for a project that the third party plan reviewer, or a related entity, has certified.

(e) A person or firm with which the person is affiliated as an owner or employee who has performed any work for a project, including preparing design plans for any construction documents or components of construction documents, including architectural and structural plans, mechanical plans, plumbing plans, and electrical plans, shall not be eligible to serve as a third party plan reviewer for the project.

(f)(1) The third party plan reviewer shall not enter into a contract to review a project if the individual determines that there may be a conflict with the qualifications specified in this section.

(2) The third party plan reviewer shall notify the Director for resolution in cases of doubtful interpretation.

(3) The third party plan reviewer shall disclose any potential conflicts of interest that may arise at any time between the third party plan reviewer and the project or parties connected to the project.

(g) The Director shall resolve disputes on conflict matters and the decision of the Director shall be final.

(h) The Director shall maintain a tracking system to monitor the recommendations of third party plan reviewers and the consistency with which construction documents recommended by each conforms to the applicable provisions of the Construction Codes.

(i) This section shall not relieve a person who prepares and submits construction documents of any obligations or liabilities otherwise existing under law and shall not relieve the District of its obligation to review all construction documents in the manner otherwise prescribed by law.


(Mar. 21, 1987, D.C. Law 6-216, § 6b; as added June 25, 2002, D.C. Law 14-162, § 101, 49 DCR 4438; Mar. 13, 2004, D.C. Law 15-105, § 43, 51 DCR 881; May 18, 2016, D.C. Law 21-118, § 5(e), 63 DCR 4645.)

Section References

This section is referenced in § 6-1405.03 and § 6-1451.01.

Effect of Amendments

D.C. Law 15-105, in subsec. (c)(1), validated a previously made technical correction.

Editor's Notes

Section 301 of D.C. Law 14-162 provided: “Pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), the Mayor may issue rules to implement the provisions of this act.”