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CHAPTER 3
GENERAL PROPERTY AND STRUCTURAL MAINTENANCE
SECTION PM-301.0  GENERAL
PM-301.1 Scope: The provisions of this Chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
PM-301.2 Responsibility: The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided. All premises, whether occupied or vacant, shall be maintained in such repair and in such safe and sanitary condition that no physical damage shall be caused to any adjoining premises. Every occupant of a dwelling unit or rooming unit shall keep all supplied facilities, including plumbing fixtures and cooking equipment, in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in their proper use and operation.
   PM-301.2.1 Historic structures: The owner of every historic structure shall maintain such structure in accordance with Section 14-1006(3) of The Philadelphia Code and regulations pursuant thereto. 275.1

 

Notes

275.1
   Amended, Bill No. 120774-A (approved January 14, 2013).
SECTION PM-302.0  EXTERIOR PROPERTY AREAS
PM-302.1 General: All exterior property and premises shall be subject to the provisions of Sections PM-302.2 through PM-302.7.
PM-302.2 Sanitation: 276 All exterior property and premises, including porches, patios and decks, shall be maintained in a clean, safe and sanitary condition and free from any accumulation of:
   1.   rubbish or garbage;
   2.   building materials or equipment that are not currently being used for work at the property, or are being used in connection with work at the property which requires a building permit, if no such permit has been obtained; or
   3.   an unreasonable quantity of other personal property, not including currently functional items such as patio furniture, play equipment, lawn and garden equipment or other similar outdoor items.
Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
PM-302.3 Weeds: All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches (254 mm). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees, shrubs, cultivated flowers and gardens.
PM-302.4 Grading and drainage: 277 All premises shall be graded and maintained to prevent the accumulation of stagnant water thereon, or within any structure, including but not limited to, any swimming pool, pool designed with architectural features, fountain, decorative pond, spa or hot tub, located thereon, in order to prevent the breeding of insects and other unhealthy conditions.
Exception: Approved water retention areas and reservoirs.
   PM-302.4.1 Storm drainage: Drainage of roofs, paved areas, yards, courts, and other open areas on the premises shall not be discharged in a manner that creates a health or safety hazard.
   PM-302.4.2 Drainage: Activity on a premises including, but not limited to regrading, terracing, fencing and construction activity shall not result in the concentration of surface water drainage to adjoining property.
   Exception: Where terrain slopes toward a natural water course such as a creek, stream or river.
PM-302.5 Site hazard: All walkways, stairs, driveways, paving spaces and similar areas shall be maintained free from hazardous conditions. Stairs shall also comply with the requirements of Sections PM-304.7 and PM-602.3.
PM-302.6 Accessory structures: 278 All accessory structures, including detached garages, tool sheds, decks, fences, swimming pools and walls, shall be maintained structurally sound and in good repair. In addition, every person owning or occupying land on which a swimming pool with a depth of 24 inches or greater is placed, located, constructed or erected, shall comply with the following provisions:
   1.   erect and maintain an enclosure which can be locked, not less than four (4) feet in height around the pool, in order to make it inaccessible to children when the pool is not in use; or
   2.   comply with the Philadelphia Building Code requirements for a pool cover, enclosure or other protective device as approved by the code official.
   PM-302.6.1 Temporary Fences: 279 No person shall place or maintain a fence in the 10th Councilmanic District that is free-standing (meaning not permanently affixed to the property) and that is of a type customarily used for building projects and construction sites, such as a modular chain-link fence, unless such free-standing fence is placed and maintained in connection with a building permit issued pursuant to Subcode "A" (The Philadelphia Administrative Code), or unless such fence is placed and maintained to protect against either a potential safety hazard from an ongoing work process for which a building permit is not required or any imminent safety hazard. Any temporary fence so placed shall be removed upon completion of the work authorized by such building permit or the elimination of the present or potential safety hazard.
PM-302.7 Motor vehicles: Except as provided for by Use Registration Permit, not more than one currently unregistered motor vehicle shall be parked, kept or stored and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled on any exterior property.

 

Notes

276
   Amended, Bill No. 020732 (approved March 3, 2003).
277
   Amended, Bill No. 040870 (approved January 25, 2005); amended, Bill No. 080546 (approved November 19, 2008).
278
   Amended, Bill No. 040870 (approved January 25, 2005). Section 3 of Bill No. 040870 provides that the bill shall take effect immediately.
279
   Added, Bill No. 060161 (became law September 14, 2006).
SECTION PM-303.0  INTERIOR AREAS
PM-303.1 General: All interior areas shall be subject to the provisions of Sections PM-303.2 through PM-303.5.
PM-303.2 Sanitation: The interior of every structure shall be free from any accumulation of rubbish or garbage.
PM-303.3 Disposal of waste matter: Every occupant of a structure shall dispose of all rubbish and garbage in a clean and sanitary manner by placing such material in approved containers, both within the occupant's area of control and as provided in common for multiple tenants.
   PM-303.3.1 Residential occupancies: 280 The owner of every residential premises shall supply approved containers for rubbish and shall be responsible for removal and/or collection of same. The owner shall also provide for removal of garbage by providing one of the following: a food waste grinder in each dwelling unit, an approved covered, leakproof outside garbage container, or an approved incinerator unit available to the occupants of all dwelling units.
   Exception: Where facilities are provided in Group R-3 occupancies, the occupants are responsible for the removal and collection of waste matter.
   PM-303.3.2 Non-residential occupancies: The owner of every occupied premises shall be responsible for the removal of rubbish where not eligible for City collection. The operator of every establishment which produces garbage shall provide, and at all times cause to be utilized, approved covered, leakproof containers for the storage of such materials until removed from the premises for disposal.
PM-303.4 Infestation: All structures shall be maintained free of infestation by insects, rodents, vermin or other pests.
PM-303.5 Extermination: Where infestation is found, the structure shall be promptly exterminated by processes that will not be injurious to human health. After extermination, proper measures shall be taken to prevent reinfestation.
   PM-303.5.1 Single occupancy: The occupant of a structure containing a single dwelling unit or of a single nonresidential structure shall be responsible for extermination on the premises.
   PM-303.5.2 Multiple occupancy: The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior properly. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupants shall be responsible for extermination.

 

Notes

280
   Amended, Bill No. 030774 (approved December 31, 2003). See note 235 for effective date provisions.
SECTION PM-304.0  EXTERIOR STRUCTURE
PM-304.1 General: The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safely or welfare. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
PM-304.2 Foundations: All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents.
PM-304.3 Walls: All exterior walls shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated or pointed where required to prevent deterioration.
   PM-304.3.1 Satellite Dishes and Antennas. 280.1
      (a)   Findings:
         Whereas, The City of Philadelphia was established by Charter of 1701, is considered the birthplace of American Independence, the American Revolution and a centerpiece of early American history; and
         Whereas, Philadelphia boasts historical, cultural and architectural lineage longer than that of almost any other place in America, with much of its buildings dating from the early 20th Century or earlier; and
         Whereas, Certain considerations should be made to preserve the character and appeal of this uniquely American city as modern technological advancements are integrated into the City's landscape; and
         Whereas, The City of Philadelphia has a vested interest in protecting its neighborhoods from conditions that could substantially and interfere with enhancing quality of life, fostering and facilitating commerce, maintaining and improving property values, and preserving and protecting the public's health, safety, and welfare; and
         Whereas, The City of Philadelphia has an interest in ensuring the structural integrity and safety of building appurtenants, particularly those that extend into the public right-of-way; and
         Whereas, The City of Philadelphia also recognizes the interest of its citizens in receiving and maintaining access to television, cable and satellite airwaves; and
         Whereas, The Federal Communications Commission in 1996 adopted the Over-the-Air Reception Devices ("OTARD") rule concerning governmental and nongovernmental restrictions on viewers' ability to receive video programming signals; and
         Whereas, Since then, the OTARD ruling has been interpreted by the FCC to allow the imposition of "reasonable" regulations on satellite dish and antenna placement under terms and conditions that don't impede signal access; and
         Whereas, Particular attention needs to be given to tailoring measures that properly balance the interest of cable and satellite signal access and the City's interest in quality of life enhancement, historic preservation and public safety.
      (b)   Where an alternative location is available, including but not limited to a roof, rear yard or facade, or side yard or facade, no property owner or tenant in a multiple-family or two-family dwelling shall place or permit the placement of a satellite dish or antenna between the facade of the building and the street, unless the device is wholly within a balcony or patio area that is under the exclusive use or control of the unit owner or tenant.
      (c)   Where an alternative location is available for placement of a satellite dish or antenna, with no material delay or material reduction in signal reception and at no significant additional cost to the owner or tenant (including but not limited to a roof, rear yard or facade, or side yard or facade), no property owner or tenant in a one-family dwelling shall place, install or maintain, or allow to be placed, installed or maintained, a satellite dish or antenna between the facade of a building and the street.
      (d)   Any property owner or tenant in a one-family, two-family or multi-family dwelling, if his or her satellite dish or antenna was installed by a provider or installer, shall keep the certification provided by the installer as required by Section 9-632(4) of this Code at the residence at which the satellite dish or antenna is maintained, and shall produce it upon request by an inspector from the Department.
      (e)   No property owner or tenant shall place a satellite dish or antenna that does not meet one of the following criteria between the facade of any building and the street:
         (.1)   A "dish" antenna that is one meter or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite.
         (.2)   An antenna that is one meter or less in diameter or diagonal measurement and is designed to receive video programming services via broadband radio service (wireless cable) or to receive or transmit fixed wireless signals other than via satellite.
         (.3)   An antenna that is designed to receive local television broadcast signals.
PM-304.4 Roofs: The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof water shall not be discharged in a manner that creates a health or safety hazard.
PM-304.5 Appurtenances and architectural features: All cornices, belt courses, corbels, terra cotta trim, wall facings, canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar elements shall be maintained in good repair and be properly anchored so as to be kept in a safe and sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
PM-304.6 Chimneys and towers: All chimneys, cooling towers, smoke stacks, and similar construction shall be maintained structurally safe and sound, and in good repair so that it will function safely and effectively. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
PM-304.7 Handrails and guards: Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
PM-304.8 Windows and doors: Every window, door and frame shall be kept in sound condition, good repair, weather tight and free of broken glazing.
   PM-304.8.1 Doors: All exterior doors and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. All building entrance doors and other exterior exit doors on all dwellings, except those dwellings that are exclusively owner-occupied and those building entrance doors guarded by 24-hour security personnel, shall be self-closing and equipped with heavy duty lock sets with auxiliary latch bolts to prevent the latter from being manipulated by means other than a key; provided that exit doors shall be readily openable at all times from the side from which egress is to be made and shall not require a key to operate from that side; further provided that if a latch set has a stop, it will be controlled by a master key only and that outside cylinders of main entrance door locks shall be operated by the tenant's key, which shall not be designed to also open the tenant's dwelling unit entrance door.
      PM-304.8.1.1 Single occupancy: Exterior doors which serve only one tenant need only be equipped with a heavy duty dead bolt operable by a key from the outside.
      PM-304.8.1.2 Alternate: The required lockset shall be permitted on a vestibule door provided there is no other door to dwelling units from within the vestibule.
   PM-304.8.2 Windows: All operable windows to residential buildings or dwellings which are accessible from the street, fire escape or other walking surface, shall be equipped with sash locks designed to be operable from the inside only.
   Exception: Windows in dwellings which are exclusively owner-occupied and windows which are guarded by 24-hour security personnel.
   PM-304.8.3 Basement openings: Every basement hatchway, door and window shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Where basement hatchways are part of a walking surface, they shall be maintained in a structurally sound condition to support the imposed load.
   PM-304.8.4 Mixed-use building: 280.2 The owner of a mixed-use building that is a blighting influence shall secure all spaces designed as windows, with windows that have frames and glazing, and all entryways, with doors. Sealing the building with boards or masonry or other materials that are not windows with frames and glazing or entry doors shall be a violation of this subsection.
      PM-304.8.4.1 Enforcement: Enforcement of PM-304.8.4 shall be in accordance with the provisions of the Administrative Code.
      PM-304.8.4.2 Penalties: If the owner does not comply with the notice of violation or fails to correct the conditions specified therein within the required period of time, the owner shall be subject to the  penalties set forth in A-601.1 of the Administrative Code, relating to basic fines,  provided that it shall be a separate offense, for which a separate fine may be imposed, for the owner to fail to secure each separate door, window or other entrance or opening enumerated in the written notice of violation. As provided in A-601.4, each day that each such separate violation continues, after issuance of a notice or order, shall also be deemed a separate offense for which a separate fine may be imposed.
PM-304.9 Piers and other waterfront structures: 281 In order to confirm and maintain the structural integrity of their structures, the owners of piers, bulkheads, wharves, docks, moored vessels, and other structures that have structural elements partly or totally below water along the shorelines of the Delaware River, Schuylkill River, or estuaries shall inspect and submit a structural assessment report to the Department of Licenses and Inspections on a triennial basis with the first report due no later than January 1, 2003. Subsequent reports will be due January 1, 2006 and every three years thereafter. The structural assessment report shall be subject to the provisions of PM-304.9.1 through PM-304.9.6.
Exceptions:
   1.   The reporting requirement shall not apply to pipelines, bridges, dams, utility towers, tram towers, and water and wastewater discharge and intake structures.
   2.   The reporting requirement shall not apply to vacant piers and other waterfront structures provided:
      (a)   A barrier to human occupancy is maintained at all points of access from the on-shore side of the pier or other waterfront structure.
      (b)   The owner files an "Affidavit of Vacant Pier" with the Department of Licenses & Inspections.
      (c)   The owner maintains a vacant property license.
      (d)   The pier or other waterfront structure is posted on all sides, in a visible and conspicuous manner, with "Danger-No Trespassing" signs.
   PM-304.9.1 Minimum qualification of inspection personnel: The personnel involved in the inspection of piers and other waterfront structures shall possess the following qualifications:
      PM-304.9.1.1 Project engineer: A professional engineer registered in the Commonwealth of Pennsylvania shall be designated as the project engineer and shall prepare the structural assessment report. The project engineer shall have at least five years experience in the field of marine structure construction and design techniques with specific verifiable knowledge of relieving platforms, high water structures, and cellular structures.
      PM-304.9.1.2 Team leader: All underwater inspections shall be led by and under the direction of a team leader who shall be a professional engineer registered in the Commonwealth of Pennsylvania. The team leader shall have at least three years experience in the field of marine structure construction and design techniques. The team leader shall also be a qualified diver or shall use a video monitor to assess and record the divers' inspections.
      PM-304.9.1.3 Divers: Underwater inspections shall be performed by divers who are graduates of a commercial diving school. Divers shall have completed at least 80 hours of instruction specifically related to structural inspections or shall have at least six months verifiable wharf builder experience in the Delaware bay, river, or estuary.
   PM-304.9.2 Inspections: The inspections required by this Section shall be classified as follows:
      PM-304.9.2.1 Routine inspections: Routine inspections shall be performed and a structural assessment report prepared at least once every three years as set forth in PM-304.9. The inspections shall include:
         PM-304.9.2.1.1 Topside inspections: Topside inspection of the above-water portions of the pier or other waterfront structure.
         PM-304.9.2.1.2 Underwater inspections: Underwater inspection by personnel qualified to perform such inspections, of those portions of the pier or other waterfront structure that cannot be inspected above water.
      PM-304.9.2.2 Post-event inspection: A post-event inspection shall be performed, and a structural assessment report submitted, following a damage-causing event such as impact by vessel, major flood, ice flow, or similar event.
   PM-304.9.3 Structural assessment rating system: A rating system conforming to the following criteria shall by used in the structural assessment report to describe the overall condition of the pier or other waterfront structure.
      PM-304.9.3.1 Very Good – No visible defects or deterioration observed. All structural elements are sound and performing their function. No repairs are required to accommodate the structure's current use and loading conditions.
      PM-304.9.3.2 Good – Localized minor defects or deterioration observed. All structural elements are sound and performing their function. No repairs are required to accommodate the structure's current use and loading conditions.
      PM-304.9.3.3 Fair – Moderate defects or deterioration observed. Primary structural elements are sound, however, repairs must be completed in order to accommodate the structure's current use and loading conditions.
      PM-304.9.3.4 Poor – Advanced defects or deterioration observed. Overstressing of structural elements observed. The structure or a portion thereof, must be posted with maximum permitted live load certificate(s) and the use restricted until repairs are completed.
      PM-304.9.3.5 Serious – Advanced defects or deterioration observed. Overstressing or breakage of structural elements that significantly affects the load bearing capacity of primary structural elements. Localized failure is possible and portions of the structure must be barricaded from occupancy and posted until repairs are completed.
      PM-304.9.3.6 Critical – Very advanced defects or deterioration observed. Overstressing or breakage of structural elements has resulted in failure(s) of primary structural components. Widespread failure is possible. All occupancy must cease immediately and the structure barricaded and posted. The pier or other waterfront structure must remain closed until repairs are completed.
   PM-304.9.4 Structural assessment report: Structural assessment reports shall be sealed by the project engineer. Each report shall consist of the following Sections.
      PM-304.9.4.1 Introduction – The introduction to the report shall include:
         (1.)   Description of the facility including use (function) and loading conditions.
         (2.)   Scope of work including any limitations affecting inspections dictated by the owner or site conditions.
         (3.)   Description of the inspection including equipment, test methods, date, time, weather, stage of tide, and the names and qualifications of the survey party.
      PM-304.9.4.2 Existing conditions – The existing conditions section of the report shall include the following. Data and results shall be documented by drawings/sketches and pictures and shall be reported in a factual manner without comment or analysis.
         (1.)   Results of topside and underwater inspections.
         (2.)   Special testing accomplished in the field.
         (3.)   Results of laboratory testing.
      PM-304.9.4.3 Evaluation – Evaluate the structure based upon the existing conditions, current use (function), and loading conditions. The overall structural assessment rating shall be included in this Section.
      PM-304.9.4. Recommendations – The report shall contain:
         (1.)   Recommendations for repairs or replacement including timeframe for completion.
         (2.)   Restrictions of use, and required posting(s) of live load certificate(s).
   PM-304.9.5 Posting, repairs and restricted occupancy: Based upon the recommendations of the Project Engineer, as detailed in the structural assessment report, the following shall occur:
      PM-304.9.5.1 Required Repairs (Fair Rating) – Repairs identified by the Project Engineer as necessary to accommodate the structure's current use shall be completed within nine months of the report date.
      PM-304.9.5.2 Post Maximum Permitted Live Load Certification (Poor Rating) – Live load certification signs, approved by the Department of Licenses & Inspections, shall be conspicuously posted.
      PM-304.9.5.3 Barriers (Serious Rating) – Install barriers and post approved signage to prevent access to specific areas identified by the Project Engineer.
      PM-304.9.5.4 Restrict Occupancy (Critical Rating) – Immediately cease operation of any pier or other waterfront structure determined by the Project Engineer to be in critical condition. Post "Danger – No Trespassing" signs on all sides including the on-shore and out-shore sides. Install a barrier to prevent access to the pier or other waterfront structure from all points of access from the on-shore side.
      PM-304.9.5.5 Rating Upgrade – Once repairs have been completed to a pier or other waterfront structure, the Project Engineer may submit an addendum to the structural assessment report to upgrade the load limitations, use, and structural assessment rating.
   PM-304.9.6 Submission Schedule: 282 Notification of poor, serious or critical conditions and submission of reports shall be in accordance with the following schedule:
      PM-304.9.6.1 Should a condition warrant a poor, serious or critical designation, the Project Engineer shall notify the owner, current occupant, and the Commissioner of the Department of Licenses and Inspections immediately. The immediate notice may be oral, but shall in all cases be submitted in writing via certified letter within 24 hours of discovery to the owner, current occupant and the Commissioner of the Department of Licenses and Inspections.
      PM-304.9.6.2 Structural assessment reports shall be submitted to the Commissioner of the Department of Licenses and Inspections within sixty days of physical inspection.
PM-304.10 Periodic Inspection of Exterior Walls and Appurtenances of Buildings. 283
   PM-304.10.1 Definitions. The following definitions shall apply to this subsection PM-304.10:
      Affected Buildings. All buildings six or more stories in height; all buildings with any appurtenance in excess of 60 feet in height; and any building located in the following areas, other than one- or two-family dwellings, greater than two stories:
      Reserved.
      Professional. A Commonwealth of Pennsylvania licensed Professional Engineer experienced in the practice of structural engineering or a licensed Registered Architect knowledgeable in the design, construction, and inspection of building facades.
      Safe. A condition of a building wall or any appurtenance thereto that is neither an Unsafe condition nor Safe with a Repair and Maintenance Program.
      Safe with a Repair and Maintenance Program. A condition of a building's exterior wall or any appurtenance thereto or any part thereof that the Professional does not consider Unsafe at the time of inspection, but requires repairs or maintenance within a time period designated by the Professional in order to prevent its deterioration into an Unsafe condition.
      Unsafe condition. A condition of a building's exterior wall or any appurtenance thereto or part thereof that is dangerous to persons or property and requires prompt remedial action.
   PM-304.10.2 Inspections Required.
      PM-304.10.2.1 The owner of each Affected Building shall be responsible for retaining a Professional to conduct periodic inspections of exterior walls and any appurtenances thereto, except for those parts of any exterior wall which are less than twelve inches from the exterior wall of an adjacent building, and to prepare and file a report on such inspection as required by this Section.
      PM-304.10.2.2 For Affected Buildings, the first inspection required by this Section shall be conducted as shown in the following schedule:
 
Construction Date
Report to be completed no later than:
Prior to and including 1950
June 30, 2011
1951 - 1970
June 30, 2012
1971 - 1980
June 30, 2013
1981 -1990
June 30, 2014
1991 - 2005
June 30, 2015
 
If the date of construction cannot be determined by the owner, the first inspection must be performed by June 30, 2011. For all other buildings, the first inspection shall be conducted, and required report shall be filed, within ten years after the certificate of occupancy was issued.
      PM-304.10.2.3 Following the Initial Inspection, an Affected Building shall be re-inspected, and the required report shall be filed, on a five-year cycle based on the original schedule.
      PM-304.10.2.4 If all facades of an Affected Building have been substantially restored during the five years immediately preceding the date of any required inspection, the owner may apply to the Department for a waiver of the required inspection. The owner shall submit with such application such information as the Department determines is necessary to enable it to evaluate the request. The Department shall grant the waiver if it determines that the recent facade restoration obviates the need for an inspection until the next inspection cycle.
   PM-304.10.3 Inspection Procedures.
      PM-304.10.3.1 Before inspecting an Affected Building, the retained Professional shall review previous reports, inspections, and evidence of repairs made in the past 5 year period, including confirmation that all areas previously determined to require remediation in less than 5 years (as noted in any previous report) have been addressed.
      PM-304.10.3.2 The inspection shall be conducted by or under the supervision of the Professional, and performed to the best of his/her knowledge and belief. The Professional shall determine the extent of the inspection required, based upon the known history of the building, the nature of the materials used, and the conditions observed. The Professional shall determine methods employed in the inspection, but need not be physically present at the location where the inspection is made.
      PM-304.10.3.3 The methods used to inspect a building shall permit a physical, hands-on inspection of the building. The Professional may use other methods of inspection as deemed appropriate, except that a physical inspection from a scaffold or other observation platform is required for a representative sample of the exterior wall. The Professional shall determine what constitutes a representative sample.
      PM-304.10.3.4 The Professional shall employ the appropriate professional standard of care to detect distressed conditions such as delaminating, separating, splitting or fracturing of material or components as well as movement or displacement indicative of unsound facade materials or loss of structural support. If a distressed condition is identified, the Professional shall order any other inspections and/or tests that may be required to determine the significance and probable cause of the observed distress.
      PM-304.10.3.5 During the course of the inspection, photographs shall be taken and/or sketches made to properly document the location of all conditions observed that are either Unsafe or Safe with a Repair and Maintenance Program.
      PM-304.10.3.6 Upon discovery of any Unsafe condition the Professional shall immediately notify the owner of the building by electronic mail or by fax; and shall, within 12 hours of discovery, notify the Department in writing and in an electronic format determined by the Department.
   PM-304.10.4 Report Requirements.
      PM-304.10.4.1 The Professional shall submit to the owner of the building a written report as to the result of each inspection, certifying that the inspection was performed and completed in accordance with this Code, and detailing all conditions not classified as Safe. The Professional shall also submit a summary of the written report to the Department in a form determined by the Department. The Department may by regulation impose a processing fee, not to exceed one hundred dollars ($100), that must be paid upon submission of the summary of the written report. If the report identifies an Unsafe condition, then the Professional, within 24 hours of completion of the report, shall file the full report with the Department in writing and in an electronic format determined by the Department. The owner or its agent shall retain all written reports submitted pursuant to this Section and keep them readily available for inspection by the Department.
      PM-304.10.4.2 The report shall include, on the front page, the name and license number of the Professional and shall be signed, sealed and dated by the Professional in accordance with the professional registration laws of the Commonwealth of Pennsylvania, and shall include:
         1.   The address and the location from the nearest intersection.
         2.   The name, mailing address, and telephone number of the owner of the building and of the owner's agent or person in charge, possession or control of the building, if any.
         3.   A description of the building, including number of stories, height, plan dimensions, usage, age and type of exterior wall construction, and system of water management.
         4.   A brief history of any settlements, repairs, revisions to exterior enclosures, if available.
         5.   The date of the start and completion of the inspection, a detailed description of the procedures used in making the inspection, and the extent and location of all physical inspections performed.
         6.   A report of all conditions including but not limited to significant deterioration and movement observed as well as a statement concerning the apparent water-tightness of the exterior surfaces, and the deleterious effect of exterior appurtenances, including exterior fixtures, flagpoles, signs, parapets, copings, guard rails, window frames (including hardware and lights), window guards, window air conditioners, flower boxes, and similar items. The report shall classify each such condition as Safe, Unsafe, or Safe with a Repair and Maintenance Program.
         7.   The probable causes of the reported conditions.
         8.   The status of the exterior maintenance.
         9.   For any conditions listed in the previously filed report (if any), whether such conditions have been repaired and/or maintained as recommended in that report.
         10.   Recommendations for repairs or maintenance, if appropriate, including the recommended time frame for the repairs or maintenance to be performed.
         11.   The classification of the building according to the following scheme:
            a.   "Unsafe", if there is at least one unsafe condition.
            b.   "Safe with a Repair and Maintenance Program", if there is a condition that is "Safe with Repair and Maintenance Program" and there are no Unsafe conditions.
            c.   "Safe", in all cases other than (a) or (b).
         12.   Photographs and/or sketches documenting the locations of any conditions that are either Unsafe or Safe with a Repair and Maintenance Program.
         13.   A statement by the Professional indicating which repairs and/or maintenance require the obtaining of work permits prior to their commencement.
         14.   A statement signed by the owner or agent of the building, acknowledging receipt of a copy of the report and acknowledging all required repairs and/or maintenance (if any) and the recommended time frame for performing such repairs and/or maintenance.
         15.   The Professional's certification that the physical inspection was performed in accordance with applicable rules and regulations and within the appropriate professional standard of care.
         16.   The Professional's seal and signature.
         17.   Such other matters as the Department may by regulation require.
      PM-304.10.4.3 The Professional may submit an amended report within thirty (30) days of the initial submission. The amended report shall clearly indicate any change from the initial report and all reasons for such changes.
   PM-304.10.5 Unsafe Conditions.
      PM-304.10.5.1 Within twenty-four (24) hours of being notified of an Unsafe condition by a Professional, the owner of a building shall take any actions necessary to protect public safety, such as erecting sidewalk sheds, fences, and/or safety netting. Such actions shall be considered as an effort to remedy an emergency situation and appropriate permit applications shall be submitted within the next three (3) days to the Department.
      PM-304.10.5.2 Within ten (10) days of the receipt or filing of a report identifying an Unsafe condition, the owner of a building shall commence work to correct the condition and work shall continue without interruption until the Unsafe condition has been corrected, unless there has been an unforeseen delay (e.g. weather, labor strike). Within two weeks after the Unsafe condition has been corrected, the Professional shall reinspect the building and file with the Department a detailed amended report stating the condition of the building.
   PM-304.10.6 Conditions That Are Safe with a Repair and Maintenance Program.
      PM-304.10.6.1 The owner of the building is responsible for ensuring that the conditions described in the report as "Safe with a Repair and Maintenance Program" are repaired and the actions identified by the Professional are completed within the time frame designated by the Professional or by such time necessary to prevent a condition from becoming an Unsafe condition, whichever is sooner.
   PM-304.10.7 Extensions.
      PM-304.10.7.1 The Department may grant an extension of time of up to ninety (90) days to begin the repairs required to remove an Unsafe condition or to repair a Safe with a Repair and Maintenance Program condition, after receipt and review of an initial extension application submitted by the Professional which includes:
         1.   Proof that the premises have been made safe by means of a shed, fence, or other appropriate measures.
         2.   A copy of the contract indicating the scope of work necessary to remedy the Unsafe condition(s).
         3.   The Professional's estimate of the length of time required for repairs, and a notarized affidavit by the owner of the building or its agent that work will be completed within such time.
      PM-304.10.7.2 A further extension of time will be considered by the Department only upon receipt and review of a further extension application which details that one of the following is met:
         1.   The work has been substantially completed, but there has been an unforeseen delay (e.g. weather, labor strike).
         2.   Unforeseen circumstances (e.g., fire, building collapse).
         3.   The nature of hazard requires more than 90 days to remove (e.g., new wall to be built).
   PM-304.10.8 Appeals.
      PM-304.10.8.1 The owner of the building may appeal the findings set forth in the Professional's initial report or amended report to the Board of Building Standards. Such appeal must be filed within thirty (30) days of the receipt or filing of the report, and must include a second Professional's report. The filing and pendency of such an appeal shall stay the requirement for making repairs as set forth in PM-304.10.5.2, but not the requirement for taking actions necessary to protect public safety as set forth in PM-304.10.5.1.
         PM-304.10.8.1.1 Upon consideration of any such appeal, the Board shall issue a recommendation to the Commissioner either to grant the appeal; deny the appeal; or grant the appeal with such proposed modifications to the Professional's findings as the Board deems consistent with the intent of this Section. The Commissioner thereafter shall make the final determination on the appeal.
         PM-304.10.8.1.2 The owner of the building may appeal the determination of the Commissioner to the Board of License and Inspection Review, pursuant to the procedures set forth in Section A-803.2 of The Administrative Code. 284

 

Notes

280.1
   Added, Bill No. 100200-AAAA (approved November 2, 2011). Section 3 of Bill No. 100200-AAAA provides: "The provisions of § PM-304.3.1(b), added by Section 1 of this ordinance, shall be effective with respect to any pre-existing satellite dish or antenna sixty (60) days after this ordinance is approved."
280.2
   Added, Bill No. 130418 (approved July 11, 2013), effective October 9, 2013.
281
   Added, Bill No. 020310 (approved June 26, 2002).
282
   Amended, Bill No. 070820 (approved November 15, 2007).
283
   Added, Bill No. 090568-AAA (approved February 17, 2010).
284
   Added, Bill No. 100282 (approved June 30, 2010).
SECTION PM-305.0  INTERIOR STRUCTURE
PM-305.1 General: The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Every occupant shall keep that part of the structure which such occupant occupies or controls in a clean and sanitary condition. Every owner of a structure containing more than one tenant shall maintain, in a clean and sanitary condition, the shared or public areas of the structure.
PM-305.2 Building elements: The walls, floors, ceilings, stairs, handrails, guards and supporting structural members of every structure shall be maintained structurally sound, and be capable of supporting the imposed loads.
PM-305.3 Interior surfaces: Walls, floors and ceilings shall be maintained substantially rodentproof. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other effective surface conditions shall be corrected.
PM-305.4 Supplied facilities: All interior doors, cabinets or shelves for the storage of eating, drinking and cooking equipment and food and other supplied facilities which are permanently affixed to the structure shall be kept in sound condition and good repair.
PM-305.5 Doors: All doors to dwelling units, except those dwelling units that are exclusively owner-occupied, shall be equipped with a heavy duty dead bolt operable by a key from the outside.
PM-305.6 Lead paint: 285 Lead paint, as defined in Section 6-403(1)(a) of the Philadelphia Health Code shall not be permitted to remain on interior surfaces of any dwelling, rooming house, dwelling unit, rooming unit or structure in Group E occupancy regulated under Section A-703 occupied by children when the Department of Public Health determines that its presence creates a health hazard. Failure by the owner to remove the hazard shall authorize the department to declare the premises "Unfit" or "Unsafe" pursuant to Section PM-307.

 

Notes

285
   Amended, Bill No. 020313-A (approved January 27, 2003); amended, Bill No. 030774 (approved December 31, 2003). See note 235 for effective date provisions.
SECTION PM-306.0  VACANT PREMISES
PM-306.1 General: All vacant premises shall be maintained in a clean, safe, secure and sanitary condition as provided in this Chapter generally and in this Section specifically, so as not to become unsafe or otherwise adversely affect the public health or safety.
PM-306.2 Responsibility: 286 The owner of any vacant building shall keep the interior and exterior of the premises free of garbage and rubbish. The owner of any vacant building shall keep all doors, windows and openings from the roof or other areas in good repair, and shall ensure that the roof is intact and allows for proper stormwater drainage. Where such doors or windows or entrance to openings are readily accessible to trespassers, they shall be kept securely locked, fastened or otherwise secured. The owner shall take any other measures prescribed by the Department to prevent unauthorized entry to the premises by closing all openings with materials approved by the Department. A vacant building, which is not secured against entry shall be deemed unsafe within the meaning of Section PM-307.0. The owner of a vacant building that is a blighting influence, as defined in this subcode, shall secure all spaces designed as windows with windows that have frames and glazing and all entryways with doors. Sealing such a property with boards or masonry or other materials that are not windows with frames and glazing or entry doors shall not constitute good repair or being locked, fastened or otherwise secured pursuant to this subsection. Except as otherwise provided in this section, the building owner of a Foreclosed Vacant Residential Property or a Large Vacant Commercial or Industrial Property shall keep all doors, windows and openings from the roof or other areas in good repair. If securely fastened windows and doors fail or are inadequate to prevent trespassers from entering the building, the owner shall close and secure all accessible openings using a commercial-quality, 14 gauge, rust-proof steel security panel or door, or such other materials deemed by the Department to provide an equivalent level of protection considering the specific characteristics of a property and its location. Security panels and doors shall be secured from the building interior, allow emergency access such as by key, and have an exterior finish that allows for easy removal of graffiti.
   PM-306.2.1 Large Vacant Commercial or Industrial Property ("LVCIP") and Foreclosed Vacant Residential Property ("FVRP"): 287 The owner of an LVCIP or FVRP shall cause an inspection of such property to be performed within fifteen (15) days of acquiring the property, and at least once every two weeks thereafter. Such inspections shall determine whether the property is in compliance with the requirements of this Chapter. Where an LVCIP or FVRP does not comply with the requirements of this Chapter, its owner shall promptly cause appropriate remediation to be undertaken.
      PM-306.2.1.1 Designation of Property Manager: 287.1 Any owner of an LVCIP or FVRP who resides outside the City and does not customarily and regularly attend or maintain a business office in the City shall designate a property manager able to perform the inspections and any remediation required under PM-306.2.1. This requirement shall not prohibit an owner who resides in the City or customarily and regularly attends or maintains a business office in the City from designating a property manager, nor shall it prohibit any owner from serving as the property manager for an LVCIP or FVRP owned by that owner.
      PM-306.2.1.2 287.2 The owner of an LVCIP or FVRP shall immediately register such property with the Department on a form provided by the Department. A new owner of an LVCIP or FVRP shall register such property no later than five days following the transfer of title. The registration shall include the address of the LVCIP or FVRP, the name, address, and telephone number of the owner, the name, address, and twenty-four (24) hour contact telephone number of the property manager responsible for inspecting the property and performing any remediation under PM-306.2.1 and such other information the Department deems appropriate. The owner of an LVCIP or FVRP shall, in the manner and time set forth in PM-102.6.3, inform the Department of any change in the foregoing required information. Registration of an LVCIP pursuant to this section shall be accompanied by certification that the property's fire protection systems are operating properly pursuant to F-915.1, or by documentation of exemption pursuant to F-311.
      PM-306.2.1.3 Documentation of Inspections: The Department may require an owner or a property manager to provide documentation, satisfactory to the Department, of performance of the inspections and any remediation under PM-306.2.1.
      PM-306.2.1.4 Posting: 287.3 The owner of an LVCIP or FVRP shall post the property with the owner's name and address, the name and address of the property manager responsible for inspecting the property and performing remediation under PM-306.2.1, and the twenty-four (24) hour contact telephone number of the property manager. The posting shall be made using a weather-resistant sign no smaller than eighteen (18) inches by twenty-four (24) inches, and shall be in plain view, with print that may be easily read from the sidewalk or street immediately abutting the property.
      PM-306.2.1.5 Violations: 287.4 With respect to an LVCIP or FVRP, any of the following shall constitute a violation of PM-306.2.1, and shall be in addition to any other violation of this Code:
         1.   Failure to correct any violation of this Chapter cited in a notice of violation under A-502.1 within the time limitation set forth in such notice for performing such correction.
         2.   Failure to perform any inspection required by PM-306.2.1.
PM-306.3 Notice: 288 Where the Department determines that any vacant building is in violation of this Section, a written notice of that determination shall be given to the registered owner together with an appropriate order to comply with this code, and a copy shall be posted in a conspicuous place on the premises. Such written notice shall indicate the number of doors, windows or other entrances or openings to the building that the owner has failed to secure or seal in violation of PM-306.2. Such notice shall be in addition to a notice, if any, designating a property as a blighting influence.
   PM-306.3.1 Service: Notices required by this Section shall be served on the owner in accordance with the administrative code.
PM-306.4 Compliance: 289 The owner of any vacant building which is in violation of this Section shall, upon written notice, either eliminate the violation(s) or demolish the building. Where immediate compliance is not feasible, the owner shall notify the Department in writing within 10 days of the notice served by the Department of the steps taken to correct the conditions, together with an estimate of the time required to fully comply with the provisions of the code.
PM-306.5 Penalties: 290 If the owner does not comply with the notice or fails to correct the conditions specified in the Department's notice within the required period of time, the owner shall be subject to penalties set forth in the administrative code, provided that it shall be a separate offense, for which a separate fine may be imposed, for the owner to fail to secure or seal each separate door, window or other entrance or opening enumerated in the written notice required by PM-306.3. As provided in A-601.2, each day that each such separate offense continues after issuance of a notice or order shall also be deemed a separate offense for which a separate fine may be imposed.
PM-306.6 Abatement: 291 If the owner does not comply with the order of the Department to correct the conditions prohibited by this Section, the Department is authorized to correct the conditions or demolish the building with its own forces or by contract and charge the costs thereof to the owner, and with the approval of the Law Department, collect the costs, including administrative costs, by lien, or otherwise.

 

Notes

286
   Amended, Bill No. 020634 (approved March 3, 2003); amended, Bill No. 120229-AA (approved June 27, 2012), effective July 27, 2012.
287
   Added, Bill No. 100749 (approved January 26, 2011). See note 45 for effective date provisions. Amended, Bill No. 120229-AA (approved June 27, 2012), effective July 27, 2012.
287.1
   Amended, Bill No. 120229-AA (approved June 27, 2012), effective July 27, 2012.
287.2
   Amended, Bill No. 120229-AA (approved June 27, 2012), effective July 27, 2012.
287.3
   Amended, Bill No. 120229-AA (approved June 27, 2012), effective July 27, 2012.
287.4
   Amended, Bill No. 120229-AA (approved June 27, 2012), effective July 27, 2012.
288
   Amended, Bill No. 000404 (approved October 31, 2000).
289
   Amended, Bill No. 020634 (approved March 3, 2003).
290
   Amended, Bill No. 000404 (approved October 31, 2000).
291
   Amended, Bill No. 020634 (approved March 3, 2003).
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