Guidelines for Making DC Basement Apartments Code Compliant

Below is a thorough checklist of the items an inspector reviews when determining if your apartment meets code. Like most U.S. cities, counties, and states, the District of Columbia has adopted and enforces the International Codes developed by the International Code Council. The codes below are taken from the 2006 Edition of the International Property Maintenance Code. These guidelines do not cover all of more detailed electrical, plumbing, and other building codes used by professionals, but does cover the vast majority of codes that need to be met to rent your unit.

If you an existing basement apartment you’d like to rent, this is a summary of the codes that need to be met to get a Certificate of Occupancy and your inspection as part of the mandatory licensing process. As we continue to build out this site, we’ll feature posts on some of the codes that property owners has raised concerns about. If you have a basement you’d like to convert into an apartment, a licensed architect and/or contractor can be the best resource to discuss your options.

Occupancy Limitations [IPMC 403]

  • Dwelling units provide privacy
  • Habitable rooms are min. 7 ft wide
  • Kitchen passageways are min. 3 ft clear
  • Habitable spaces have min. 7 ft ceiling height
  • Min. 1/3 of required floor area in bedrooms with sloped ceilings shall have min. 7 ft ceiling height
  • Max. 1 family per unit
  • Room available for food prep., storage & disposal

Emergency Escape Openings:

  • Maintained to code in effect at time of construction
  • Operational without the use of keys or tools
  • Bars, grills & grates are releasable/removable from inside without key, tool or force greater than that of window

 

Fire-Resistance Ratings [IPMC 703]

  • Fire-resistance-rated walls, fire stops, shaft enclosures, partitions & floors are maintained
  • Integrity of fire resistance rating at unit separation walls, rated access corridors, stair enclosures, generator rooms, hoistways and vertical shafts shall be maintained. No gaps at top & bottom of fire partitions, separation walls and other assemblies. No voids, unprotected openings or unsealed penetration in any rated floor/ceiling or wall assembly (DCMR 12)
  • Opening protectives maintained & operable
  • Fire & smoke barrier doors are not blocked or inoperable

 

Fire Protection Systems [IPMC 704]

  • All fire detection, alarm & suppression devices are maintained & operable
  • Alarms located outside bedrooms and in each bedroom
  • Alarms hardwired & interconnected in new construction
  • Fire alarm boxes (pull stations) shall remain operational and unobstructed (DCMR 12)

Exterior [IPMC 302]

  • Premises kept in clean, safe & sanitary condition
  • Soil graded to prevent erosion & stagnant water
  • Walkways, driveway & parking maintained
  • Free from (noxious) weeds, tall grass
  • Free from rodent harborage & infestation
  • Vents, etc. not discharging onto adjacent property
  • Accessory structures maintained
  • No inoperative or unlicensed motor vehicles
  • No damage or defacement of property

 

Exterior Structure [IPMC 304]

  • Maintained in good repair & structurally sound
  • Exterior surfaces in good repair, no unprotected wood
  • Street numbers, min 3” high in Arabic numerals and contrasting background, shall be posted over the main entrance and visible from the public right-of-way (DCMR 12)
  • Structural supports maintained & adequately sized
  • Foundation plumb & free from open cracks
  • Exterior walls weatherproof & maintained
  • Roof, flashing & gutters weatherproof & maintained
  • Cornices, decorative brick, etc. in sound condition
  • Soffits, overhangs, etc. maintained & securely fastened
  • Exterior stairs, decks, porches, etc. maintained &structurally sound
  • Chimneys structurally safe & in good repair
  • Handrails & guards fastened & in good repair
  • Window & door frames weather tight
  • All glazing free from cracks & holes
  • All windows easily openable & remain open
  • Insect screens provided & in good repair
  • Doors & locks maintained & operable
  • Basement hatchways (bulkhead enclosures) maintained weather & rodent tight
  • Basement windows protected against rodents

 

Building Security:

  • Unit doors equipped with dead bolt
  • Locks to open without keys or special knowledge
  • Windows within 6 ft of grade are lockable
  • Basement hatchways secured against entry

 

Stairs [DCMR 12]

  • Stair treads in sound condition and not less than min width
  • Stair risers not exceeding max heights and within variation limits on a single flight

 

Interior Structure [IPMC 305]

  • Maintained in clean & sanitary condition
  • Structural support maintained & adequately sized
  • Interior surfaces maintained in good condition
  • Stairs, walking surfaces in sound condition
  • Handrails & guards fastened & in good repair
  • Doors fit well, open & close as intended

 

Handrails & Guardrails [IPMC 306]

  • Handrails on all flights of stairs having more than four risers
  • Min. 30 inches, max. 42 inches above the nosing
  • Guardrails on open sides of stairs, landings, ramps, decks, etc. more than 30 inches above floor or grade below
  • Min. 30 inches high with intermediate rails

Rubbish & Garbage [IPMC 307]

  • Free from accumulation of rubbish & garbage
  • Rubbish & garbage placed in approved containers
  • Owner provides leakproof, covered, outside garbage containers
  • Doors removed on abandoned, stored refrigerators

 

Extermination [IPMC 308]

  • All structures free from insect & rodent infestation (Extermination not to be hazardous to human health, precautions taken against reinfestation)

Light [IPMC 402]

  • Each habitable space has at least one window
  • Glazing shall be min. 8% of total floor area
  • Other spaces have adequate lighting
  • Multi-unit Dwellings (more than 2 units): adequate light on common halls & stairs min. 60 watt per 200 sq ft, max. 30 ft between

 

Ventilation [IPMC 403]

  • Min. one openable window in every habitable space
  • Total openable area to be min. 45% of required glazing (see above)
  • Window or mechanical ventilation in every bathroom & toilet room
  • Exhaust vents where fumes, gases, etc. produced
  • Clothes dryers exhausted per manuf. instructions

 

Bedrooms & Living Rooms:

  • Living room is min. 120 sq ft
  • Each bedroom is min. 70 sq ft
  • Access to bedroom not through another bedroom
  • Access to bathroom not through a bedroom
  • No sleeping in kitchens & unfinished spaces

 

Efficiency Units (max 3 occupants):

  • 1-2 occupants: min. 220 sq ft
  • 3 occupants: min. 320 sq ft
  • Kitchen sink, stove, refrigerator each have a clear
  • working space of 30 inches in front
  • Separate bathroom (min. sink, toilet, shower)

 

Required Facilities [IPMC 502]

Each unit has bathtub or shower, lavatory, toilet & kitchen sink

Bathroom is not used as passageway

 

Toilet Rooms [IPMC 503]

Bathroom has lockable door

 

Plumbing Systems & Fixtures [IPMC 504]

  • Fixtures are properly installed & maintained
  • Fixtures have adequate clearance
  • No hazards in plumbing system to occupants or structure—may include: undersized piping, inadequate venting, cross connections, lack of backflow prevention, damaged or worn piping or fixtures, inadequate support, inadequate water pressure or volume

 

Water System [IPMC 505]

  • Sinks, laundry facilities, bathtubs & showers have hot & cold running water
  • All water inlets located above flood-level rim of fixtures
  • Hose bibs & faucets with permanently attached hoses have vacuum breakers

 

Water heaters:

  • Adequate combustion air in small rooms
  • Temp. & pressure-relief valve & discharge pipe
  • Electrical & gas lines properly installed
  • Accessible gas shut off valve
  • Approved vent/chimney; approved material in good
  • condition; adequate slope, clearance & support

 

Sanitary Drainage System [IPMC 506]

  • All fixtures properly connected to sewer
  • Every stack, vent, waste & sewer line in good condition
  • Sanitary drainage system free of leaks, approved materials, correct slope, free of “patching”
  • Fixture vents provided & maintained
  • Each fixture has a trap
  • Adequate support on all piping

 

Storm Drainage [IPMC 507]

  • Drainage of roofs & paved areas does not cause a public nuisance
  • Storm water discharged away from structures

Heating Facilities [IPMC 602]

  • Heating facilities capable of maintaining 68°F in all habitable rooms, bathrooms & toilet rooms (Measured 3 ft above the floor, min. 2 ft from wall)
  • Portable heaters, gas fired type, strictly prohibited (DCMR 12)
  • If A/C provided, able to yield temp of 78 degrees or not less than 15 cooler than outside temp.

 

Mechanical Equipment [IPMC 603]

  • All equipment properly installed & maintained
  • All fuel-burning equipment connected to approved chimney or vent
  • Clearances to combustibles maintained
  • Safety controls maintained in effective operation
  • Combustion & ventilation air provided in the space containing fuel-burning equipment
  • Energy conservation devices installed are labeled & approved

 

Electrical Facilities [IPMC 604]

  • Min. 60-amp service with proper fusing & overcurrent protection
  • No hazards in electrical system to occupants or structure—may include: insufficient receptacle distribution, lack of sufficient lighting, damaged or worn wiring, improperly installed wiring, lack of grounding, inadequate support, exposed conductors, missing cover plates, excessive use of extension cords, overloaded receptacle or circuitry, lack of GFCI protection

 

Electrical Equipment [IPMC 605]

  • All equipment properly installed & maintained
  • Min. 1 lighting fixture in every hall, stairway, toilet room, bathroom, kitchen, laundry & mechanical room

 

Receptacles:

  • Every habitable space has min. of 2 (separated)
  • Laundry outlet to be grounded and/or GFCI
  • Every bathroom has min. 1 receptacle (New receptacles to be GFCI protected)

 

Means of Egress [IPMC 702]

  • Safe, continuous & unobstructed path to public way
  • Egress doors do not need keys, special knowledge or effort to unlock from the inside
  • Exit signs shall be remain visible and illuminated at all times (DCMR 12)
  • Exiting through another dwelling unit or bathroom is strictly prohibited (DCMR 12)

 

Emergency Escape Openings:

  • Maintained to code in effect at time of construction
  • Operational without the use of keys or tools
  • Bars, grills & grates are releasable/removable from inside without key, tool or force greater than that of window

 

Fire-Resistance Ratings [IPMC 703]

  • Fire-resistance-rated walls, fire stops, shaft enclosures, partitions & floors are maintained
  • Integrity of fire resistance rating at unit separation walls, rated access corridors, stair enclosures, generator rooms, hoistways and vertical shafts shall be maintained. No gaps at top & bottom of fire partitions, separation walls and other assemblies. No voids, unprotected openings or unsealed penetration in any rated floor/ceiling or wall assembly (DCMR 12)
  • Opening protectives maintained & operable
  • Fire & smoke barrier doors are not blocked or inoperable

 

Fire Protection Systems [IPMC 704]

  • All fire detection, alarm & suppression devices are maintained & operable
  • Alarms located outside bedrooms and in each bedroom
  • Alarms hardwired & interconnected in new construction
  • Fire alarm boxes (pull stations) shall remain operational and unobstructed (DCMR 12)

 

Grills

Gas grills prohibited from roof terraces or combustible balconies within 10’ of combustible construction (DCMR 12)

15 Responses to Guidelines for Making DC Basement Apartments Code Compliant

  1. Mike,

    I see that in Section 404.3 in the Property Maintenance Code that basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, can having a ceiling height of not less than 6 feet
    8 inches. So, does that mean I can have a legally rentable basement apartment that consists of a bedroom of at least 7 ft height, with a recreation room, kitchen, and bathroom at height of 6′ 10″? Thanks

    • dcracommunications

      I obviously can’t approve from here, but it sounds like it meets the code. Inspectors take into account other variables obviously and make the final determination. But it definitely sounds like a good candidate.

  2. Thanks, but you do agree that DC has adopted or follows Section 404.3, which includes this exception, right? I just would not want to go ahead with it if I later find out that for some reason that this section, although part of the IPMC, was not adopted by DC.

    • dcracommunications

      The section is adopted, yes. But as I said before the property maintenance code is just part of the overall building code. And other variables may come into play. For example, are you considering the living room the recreation room? Is it the only room aside from the bathroom, kitchen and bedroom? If it is, that might be an issue, it might not depending on where the egresses are, etc. I just want to be very clear that we’re not doing inspections from the blog. There is no one page sheet on the codes. But we’ll definitely try our best to answer as many questions possible and if we don’t have answer we’ll try to get it. In the end, you will need to consult a certified inspector to see the property and make a determination.

  3. Ok, thanks. I understand. When I apply for a permit with my drawings (and all applicable measurements), and DCRA approves, does that mean if I build according to the plan, I will likely be licensed? (I understand that there could be issues not contemplated by the drawings, like locks on the door, that might still need to be addressed by the inspector, but I am talking about the bigger issues involving egress, floor height, etc.).

    • dcracommunications

      RD,
      Yes. Definitely. And the plan reviewers and zoning will provide guidance on everything as part of that process. If you’re planning to submit plans yourself, go to our Homeowner’s Center. They provide great guidance and help fix plans before submission and will help walk you right through the process at no cost. They are on the 2nd Floor at our new offices at 1100 4th Street SW.

  4. Do I need to separately meter utilities if I am willing to pay renter’s share?

    • dcracommunications

      Kimberly,

      You do not have to separately meter, but you need direct access to your electric panel and your tenant needs direct access to their electric panel. In many cases, it is easier to have separate meters, but not necessary. Hope this helps.

  5. Is there a way to get the C of O for a building online? Or do I have to go to DCRA to have it printed out? If the latter, is it an instant process or is there a delay?

    Thanks very much.

    • dcracommunications

      Unfortunately, we do not have an online system to provide copies of these yet. You need to go to the Records room on the 2nd Floor of our office at 1100 4th Street SW. It’s $7 for copy and $20 for certified copy. If you just need a copy, they can usually do that right away.

  6. The basement unit I have had a CoC in 1998, but the house underwent a major renovation, which included expanding the back of it. While it used to have a back door exiting outside, it no longer does. There is, however, a window that someone could crawl through in an emergeny. Can I still get a valid CofO? Thanks.

    • dcracommunications

      As I told someone earlier, it is difficult for us to address egress issues – beyond the basics – without seeing a drawing of the unit. So is the window the only exit?

  7. I do not have handrails coming down from my porch steps. Will these be necessary? Installing handrails will really negatively affect the look of my place. Are there any exceptions made?

  8. I’m considering doing a reno to make my basement a rental unit. In an earlier response you wrote, “You do not have to separately meter, but you need direct access to your electric panel and your tenant needs direct access to their electric panel.” I was planning on putting the rental on a separate circuit box accessible to the tenant and leaving my circuit box in place which would be inside the rental and putting a lock on it. Since I’m going to keep a small portion of my basement for my laundry, do I need to move my circuit box to the my laundry area? I didn’t think this would be a big deal since in 3 years I haven’t needed to flip a circuit once.

    Also, I live in a zone R-3. Is it within zoning for me to add a rental unit? I currently live alone and the rental would be a single so density shouldn’t be an issue but I want to make sure zoning allows this.

  9. One other question regarding handrails on stairs, the steps from the backyard to the basement are the usual DC sort with the retaining wall on either side of the staircase. Do I really need to find a way to jam a handrail in that space when someone can just use the wall to steady themselves? A handrail would actually be more of a hindrance than assistance. What width do the starirs have to be.

    Just want to figure out some of these deatils before I get going and get my contractor excited.

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