SECTION A-202 DUTIES AND POWERS OF THE CODE OFFICIAL

A-202.1 General: The code official shall enforce all of the provisions of this code and the technical codes and shall refer any observation of worker safety violations to OSHA, and shall act on any question relative to the following items, except as otherwise specifically provided for by statutory requirements or as provided for in this code or the technical codes: 31

   1.   The mode or manner of construction and materials to be used in the erection, addition to, alteration, repair, removal and demolition of structures;

   2.   The location, occupancy and maintenance of structures;

   3.   The installation of service equipment;

   4.   The installation, alteration, repair, maintenance or operation of all mechanical, electrical and plumbing systems devices and equipment; and

   5.   The installation, alteration, repair, maintenance or operation of all fire protection systems, devices and equipment.

   A-202.1.1 Training: 32 In addition to the training and certification requirements of the Pennsylvania Uniform Construction Code, the Department shall ensure that inspectors responsible for construction and demolition code enforcement receive training by OSHA on identifying worker safety issues. The Department shall make every attempt to develop and maintain a formal training program in conjunction with OSHA which meets or exceeds OSHA 30 training certification. Should OSHA fail to provide such training, the Department shall have such inspectors receive OSHA 30 training either through a private provider or through certified individuals within the Department.

   A-202.1.2 Code Official Training: 33 The Department shall do the following to ensure adequate enforcement of this Title, to the extent permitted under the PA Construction Code Act and Uniform Construction Code.

      1.   Any code official assigned to enforce the construction provisions of this Title shall have completed OSHA administered training equivalent to the OSHA 30.

      2.   All code officials assigned to enforce the provisions of this Title shall complete at least 3 hours of annual continuing education training focused on construction, hazmat issues, fire prevention strategies, safety, and other related industry or legal updates as applicable to their duties.

   A-202.1.3 Code Official Qualifications: 34 The Department shall maintain job descriptions and continuing education requirements to conform to the training and certification requirements of the UCC.

   A-202.1.4 Notification of Worker Safety Issues: 35 The code official shall be responsible for notifying OSHA whenever any worker safety hazard is observed during the course of an inspection or site visit. The Department shall develop and maintain a formalized notification process with OSHA.

A-202.2 Applications and permits: The department shall receive applications and issue permits for the following activities, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code and the technical codes:

   1.   Construction, alteration and demolition of structures;

   2.   Installation and alteration of mechanical, electrical and plumbing systems, devices and equipment;

   3.   Installation and alteration of fire protection systems, devices and equipment; and

   4.   Such other activities specified in this code or the technical codes.

   5.   Installation and alteration of all intelligence/ communication systems and services.

A-202.3 Notices and orders: The code official shall issue all necessary notices or orders to ensure compliance with this code and the technical codes.

A-202.4 Inspections: 36 The code official shall make all of the required inspections, or shall have the authority to accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in a form established by the Department and certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to approval.

A-202.5 Regulations: The department shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and regulations in accordance with Section 8-407 of the Philadelphia Home Rule Charter, to interpret and implement the provisions of this code and the technical codes to secure the intent thereof and to designate requirements applicable because of special conditions. Such regulations shall not have the effect of waiving structural, fire performance or fire safety requirements specifically provided for in the technical codes, and such regulations shall conform with accepted engineering practice involving public safety.

A-202.6 Policies and procedures: 37 The Department shall have the authority to render interpretations of this code and the technical codes and to adopt policies and procedures in order to clarify the application of the provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of the codes.

A-202.7 Issuance Requirement: 38 No license or permit required by any provision of Title 4 or by Sections 9-3901 et seq. 39 shall be issued or renewed if the applicant is delinquent in the payment of any City or School District of Philadelphia taxes, charges, fees, rents or claims, or any penalties or fines which have been imposed as a result of a violation of any provision of this code or the technical codes, or any penalties or fines related to the property or the applicant's business for which the applicant is responsible, unless the applicant or owner has entered into an agreement to pay any such delinquency and is abiding by the terms of such agreement.

No permit shall be issued if the owner of the property is delinquent in the payment of any City or School District of Philadelphia taxes, unless the owner has entered into an agreement to pay such delinquency and is abiding by the terms of such agreement.

Compliance is required by the person or business required to obtain the license or permit. Proof of compliance shall be required prior to issuance of any license or permit.

Exception: The requirements of this subsection (A-202.7) may be waived upon the code official's determination that the permit is required for work needed to properly maintain the property or correct a violation of The Philadelphia Code. Waiver under this provision shall not be available for building permits relating to new construction or additions to existing structures, or for zoning and use registration permits.

A-202.8 Liability: 40 The code official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.

 

Notes

31	Amended, Bill No. 130698-A (approved February 19, 2014), effective within 18 months (August 19, 2015). The words "or the" following the words "technical codes" have been omitted by the Code editor.
32	Added, Bill No. 130698-A (approved February 19, 2014), effective within 18 months (August 19, 2015); amended, Bill No. 180175 (approved June 6, 2018).
33	Added, Bill No. 130698-A (approved February 19, 2014), effective within 18 months (August 19, 2015); amended, Bill No. 180175 (approved June 6, 2018).
34	Added, Bill No. 130698-A (approved February 19, 2014), effective within 18 months (August 19, 2015). Enrolled bill misnumbered this Section as A-202.3; renumbered by Code editor. Amended, Bill No. 180175 (approved June 6, 2018).
35	Added, Bill No. 130698-A (approved February 19, 2014), effective within 18 months (August 19, 2015). Enrolled bill misnumbered this Section as A-202.2; renumbered by Code editor.
36	Amended, Bill No. 030780 (approved December 31, 2003); amended, Bill No. 180175 (approved June 6, 2018).
37	Added, Bill No. 030780 (approved December 31, 2003).
38	Added, Bill No. 050204 (approved June 15, 2005), effective December 31, 2005; Bill No. 051025 (approved January 24, 2006) changed the effective date to June 30, 2006. Amended, Bill No. 160138-A (approved June 28, 2016), effective January 1, 2017; amended, Bill No. 180175 (approved June 6, 2018).
39	Enrolled bill read "...Section 9-3900 et. seq...."
40	Added, Bill No. 180175 (approved June 6, 2018).