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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.
(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-304.8.1 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.
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-304.9.1.1 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-304.9.2.1 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-304.9.3.1 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-304.9.4.1 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-304.9.5.1 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-304.10.1 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-304.10.2.1 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-304.10.3.1 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-304.10.4.1 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-304.10.5.1 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-304.10.6.1 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-304.10.7.1 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-304.10.8.1 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.
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). |