A-301.1 Permits required: An application shall be submitted to the department for the activities listed in Sections A-301.1.1 through A-301.1.6 and these activities shall not commence without a permit being issued in accordance with Section A-302.0. Where the scope of work includes demolition, moving or removal of a structure greater than one story or greater than 500 square feet, a separate application and permit for such work shall be required. Where the scope of work includes more than one lot, a separate permit shall be required for each lot. 45
1. Pursuant to the UCC, State-owned buildings.
2. Pursuant to the UCC, the installation, repair or replacement of a boiler or unfired pressure vessel regulated by the Boiler and Unfired Pressure Law (35 P. S. §§ 1331.1 – 1331.19) and Chapter 3 (relating to boilers and unfired pressure vessels) as administered by the Pennsylvania Department of Labor and Industry.
3. Federally owned and operated buildings.
4. Pursuant to the UCC, the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment that is, by established right, under the ownership and control of public services agencies.
1. Construction or erection of a structure.
2. Construction of an addition to a structure.
3. Altering, modifying, repairing, or improving a structure.
4. Demolishing, moving or removing a structure.
5. Making a change of occupancy as defined in Section A-106.1 of this code.
6. Installing, erecting, enlarging, removing, replacing, converting, repairing or altering any equipment which is regulated by the Building Code, Fuel Gas Code, Mechanical Code or Residential Code. This includes the installation of a boiler in a building with less than five (5) dwelling units.
7. Installing any trailer, regardless of the method of support, including support on wheels or blocks. The provisions of this Title shall apply to a trailer in the same manner as if the trailer were a site-built structure.
8. Site clearing, grubbing or earth disturbance of any land in excess of 5,000 square feet. No building permit shall be issued unless an erosion control plan has been approved for the site pursuant to applicable state and local stormwater-management requirements. 48
10. Excavation exceeding a depth of five (5) feet below adjacent grade, excluding digging, trenching, or boring for utilities or geotechnical exploration, unless otherwise required by regulation. 49
A-301.1.2 Fire permits: 50 A permit or license is required for those operations, facilities, trades and hazardous materials specified in the Fire Code.
A-301.1.5 Zoning and use registration permits: 51 A zoning permit is required for the construction, erection, removal, demolition, or change in exterior dimension of any structure. A use registration permit is required for every new use commenced on any land or in any structure except for use as a single-family dwelling.
A-301.1.6 Emergency repairs: 52 Where equipment replacements and repairs of systems and structures that require a permit must be performed in an emergency situation, the permit application shall be submitted within the next three business days to the Department. In such cases, the Department shall be notified of the emergency as soon as possible.
A-301.2 Permits not required: Permits shall not be required for the activities listed in Sections A-301.2.1 through A-301.2.5 and the regulations promulgated pursuant thereto. Exemptions from permit requirements of this code or the technical codes shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of The Philadelphia Code.
Exception: Permits are required in flood protection areas for any construction, reconstruction, modification, extension, expansion, or substantial improvement of structures; filling; dredging; mining; grading; paving; excavation; drilling operations; or storage of equipment or materials; land excavation; land clearing; land improvement; or any construction thereof. 53
A-301.2.1 Building permits: 54 A building permit shall not be required for the following activities. This subsection does not exempt any activity from any other applicable permit requirements under The Philadelphia Code, including Chapter 14-1000 relating to historic designations.
1. Ordinary repairs to restore to good or sound condition any part of an existing structure for the purpose of its maintenance. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or loadbearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, gas, or similar piping or mechanical or other work affecting public health or general safety.
2. Recreational trailers, vacant trailers parked on site and trailers used in conjunction with construction for storage and construction management facilities during the construction operations.
3. Non-masonry fences that do not exceed six feet high.
4. Masonry fence walls that do not exceed two feet high.
5. Retaining walls that do not exceed two feet in height measured from the lowest level of grade to the top of the wall where no surcharge is supported and that do not impound Class I, II or III-A liquids.
6. Pointing of masonry.
7. Water tanks supported directly on grade where the tank capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2-to-1.
8. Painting, papering and similar wall and ceiling finishes that do not exceed 0.036 inches (0.9 mm) in thickness.
9. Paneling or gypsum wallboard installed over existing wall surfaces and ceiling material applied directly to existing ceilings in one- and two-family and Group U occupancies.
10. Insulation installed in one- and two-family and Group U occupancies without removal of wall or ceiling surfaces.
11. Traditional floor coverings such as wood, vinyl, linoleum, terrazzo and resilient floor coverings that are not comprised of fibers.
12. Carpeting and similar floor coverings that are not installed in exit access corridors, exit passageways or vertical exits.
13. Cabinets, counter tops and similar finishing work.
14. Movable cases, counters and partitions that are not over 5 feet 9 inches in height.
15. Temporary motion picture, television, and theater stage sets and scenery.
16. One-story detached structures accessory to one- and two-family occupancies, provided the floor area does not exceed 200 square feet (18.58 m2).
17. Prefabricated swimming pools accessory to one- and two-family occupancies where the pool is less than 24 inches deep, does not exceed 5,000 gallons and is installed entirely above ground.
18. Window awnings that are supported solely by, and do not project more than 54 inches from, the exterior wall of buildings containing one- and two-family or Group U occupancies.
19. Shade cloth structures constructed for nursery or agricultural purposes that do not include service systems.
20. Swings, playground equipment and structures limited to the use of a household pet, accessory to one- and two-family occupancies.
21. Sidewalks, driveways, patios, and similar concrete or other hard surface materials constructed on grade where they are not part of an accessible route. This exception includes decks of any material, accessory to one- and two-family occupancies where the deck is located not more than 12 inches above the ground surface below and is not over a story or basement.
22. Replacement of non-fire-resistance rated windows and doors in one- and two-family occupancies without structural change (no change in shape or size of existing openings). 55
23. Portable units including: ventilation equipment, heating appliances, cooling units, evaporative coolers, clothes drying appliances, fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
24. Steam, hot or chilled water piping within any heating or cooling equipment regulated by the Building Construction and Occupancy Code.
25. Replacement of any component part or assembly of an appliance or equipment that does not alter its original approval and does not render the appliance or equipment unsafe.
26. Self-contained refrigeration systems that contain 10 pounds (4.5 kg) or less of refrigerant, or that are actuated by motors of 1 horsepower (0.75 kW) or less.
27. Bridge structures for rail, vehicular and/or footway traffic only, that are within street or rail rights-of- way.
28. Replacement of exterior stairs, ramps, platform lifts, steps and landings accessory to one- and two- family occupancies provided that they do not exceed 6 feet in vertical height; do not encroach upon the public right- of-way; and the landing does not have a surface area greater than 36 square feet with no individual dimension greater than 6 feet. This exclusion does not provide for vertical enclosure of the covered element(s) except guards required by the Building Code.
29. Buildings and structures subject to the Pennsylvania Industrialized Housing Act, Act 70 of 1972, P.L. 286, or the Pennsylvania Manufactured Housing Construction and Safety Standards Authorization Act, Act 192 of 1982, P.L. 676. This permit exception is limited in accordance with the provisions of Section A-102.12 of this code.
30. The installation of tubing, piping, propane gas burning appliances, equipment or fixtures related to liquefied petroleum gas pursuant to the Propane and Liquefied Petroleum Gas Act, Act 61 of 2002, P.L. 421 (35 P.S. §§ 1329.1 – 1329.19), as regulated by the Pennsylvania Department of Labor and Industry.
A-301.2.2 Fire permits and licenses: 56 A permit or license shall not be required for the following operations:
1. Storage of those quantities of materials or conditions exempted by the applicable provisions of the Fire Code.
2. Cutting and welding performed as part of a permitted construction activity.
1. Minor repair and maintenance work including, the replacement of lamps, circuit breakers and fuses; repairing or replacement of switches, lamp sockets, ballasts, drop cords, receptacles, bulbs; taping bare joints; and replacing lighting fixtures to existing connections.
2. The connection of approved portable electrical equipment to approved permanently installed receptacles.
3. The installation, alteration or repair of electrical equipment of a regulated public utility for its use in the generation, transmission, distribution or metering of electricity.
4. The installation of a temporary system required for the testing or servicing of electrical equipment or apparatus.
5. Removal of electrical wiring in the total demolition of a structure.
6. The installation of electrical componentry used in connection with the installation or reinstallation of partition systems listed in published reports of inspected electrical equipment by the Underwriters Laboratories, Inc. (UL).
7. The installation of low voltage wiring in one- and two-family and Group U occupancies. 57
8. Installations in railway cars or automotive equipment.
9. The installation of conductors or equipment for or by public utilities, common carriers or commercial radio or television stations that are under the jurisdiction of the Commonwealth of Pennsylvania or a federal regulatory body. This exemption applies only to conductors and equipment used directly in the conduct of the entity's business as a utility, common carrier or commercial radio or television station and that are located either outdoors or in a building or portion thereof used exclusively for the business function of such entity. 58
1. Minor repairs including the replacement of faucets or valves or parts thereof with like material or material serving the same purpose; or the removal and reinstallation of water closets, provided the work does not include the replacement or rearrangement of valves, pipes or fixtures.
2. The sealing of sewer laterals for building demolitions contracted by the Department.
3. Stopping leaks in a drain, water, soil, waste, or vent pipe provided that no piping is replaced with new material.
4. Clearing stoppages or repairing leaks in pipes, valves or fixtures, provided that valves, pipes or fixtures are not replaced or rearranged.
A-301.2.5 Zoning and use registration permits: 59 A zoning or use registration permit shall not be required for the following activities:
1. Construction and use of structures totally outside of lot lines.
2. A use registration permit is not required for single-family dwellings.
3. Alterations to an existing structure which do not change the area, height, floor area or bulk of the structure and the existing use is legal and unchanged.
4. Temporary uses, structures and signs for special events of a limited time period, typically open to the public and of a non-commercial nature, as approved by the Code Official after consideration of the impact on the immediate area. 60
(a) A recipient of the above-mentioned temporary uses permit, pursuant to regulations, shall be eligible to provide Outdoor Entertainment until December 31, 2021, so long as all other provisions of the Philadelphia Code are adhered to, including the following:
(.1) This provision shall apply retroactively to any applicant that had prior approval for a temporary use permit.
(.2) Permittees must notify the City, through the streetery@phila.gov email address, that an Outdoor Entertainment performance is scheduled seventy-two (72) hours in advance of the Outdoor Entertainment performance taking place. The Streets Department may, by regulation, extend the notification requirement for significant geographic areas of the City when there is a determination that a longer notification period is necessary to ensure that the health and public safety of this significant geographic area of the City is sufficiently considered and addressed. In this notification, permittees must certify that:
(.a) they have read, understand, and will comply with the City's COVID safety guidelines relating to entertainment, dining, and leisure, and;
(.b) they will comply with any regulations promulgated by the City pursuant to this legislation.
(.3) Performers must wear a face mask at all times during an Outdoor Entertainment performance unless:
(.a) all performers stand more than twenty (20) feet from members of the public; or
(.b) performers perform behind a plexiglass barrier that will sufficiently prevent respiratory droplets from travelling from any performer to a member of the public.
(.4) All equipment must be removed at the conclusion of each Outdoor Entertainment performance.
(.5) A permittee that receives more than one violation notice for failure to maintain an Americans with Disabilities Act-compliant pedestrian path, shall be prohibited from providing Outdoor Entertainment.
(.6) There shall be no more than two (2) Outdoor Entertainment performances per City block, at any given time.
(.7) The Streets Department may, by regulation, restrict the hours that Outdoor Entertainment performances may occur for significant geographic areas of the City when there is a determination that shorter Outdoor Entertainment performance hours are necessary to ensure that the health and public safety of this significant geographic area of the City is sufficiently considered and addressed.
6. Demolitions performed under contract with the Department and in compliance with current Procurement Department Specifications.
7. Fences at or below the height allowable by the Zoning Code (Title 14).
8. Swimming pools accessory to one- and two-family dwellings.
9. Canopies or awnings accessory to a one- or two-family dwelling, provided the canopy or awning does not exceed 120 square feet.
10. Sheds, playhouses, pergolas and similar structures accessory to one- or two-family dwellings, provided the structure is located in the rear yard and does not exceed 120 square feet.
11. Temporary motion picture, television and theater sets and scenery.
12. Concrete or other hard surface materials on grade, such as driveways, walkways and patios not used for parking.
13. Decks within building lines, not more than 12 inches above the ground surface below and not over any basement or story below.
14. Decks located in the rear yard and accessory to one-family dwellings allowable by the Zoning Code (Title 14).
15. Building service equipment, such as mechanical, electrical or plumbing equipment, including necessary mounting systems, required to operate and maintain facilities located on the same lot. To qualify for this exemption, the equipment may not be located within a required setback from the street nor conflict with any dimensional restriction of the Zoning Code.
A-301.4 By whom application is made: 63 Application for a permit shall be made by the owner or lessee of the building or structure, or agent of either, by the registered design professional employed in connection with the proposed work; by any person or entity with written documentation of equitable ownership of that real property; by a conservator of the property; or other licensed person authorized to apply by the codes. If the application is made by a person other than the owner in fee, it shall be accompanied by a signed statement or electronic confirmation of the qualified applicant to the effect that the proposed work is authorized by the owner in fee and that the applicant is authorized to make such application. With respect to (1) building permits required pursuant to Section A-301.1.1 and (2) zoning and use permits required pursuant to Section A-301.1.5, if the owner of the property is not a natural person or a publicly traded company, the application shall identify, in addition to the owner of the property, the name and preferred mailing address of each natural person who has an equity interest in such owner or owners of the property that exceeds one or more of the following, regardless of whether the natural person has a direct equity interest or such natural person's equity interest is held through one or more tiers of a corporate structure, such as parent-subsidiary structure: (a) forty-nine percent (49%) of the value of the property or (b) forty-nine percent (49%) of the value of the owner of the property. If no natural person has such an interest, the application shall identify the name and preferred mailing address of the two natural persons who have the largest equity interest in the property.
1. Contain a general description of the proposed work.
2. Provide the specific street address of the proposed work.
3. Further identify the location of the proposed work if in a portion of a structure.
4. State the occupancy of the structure and for which the proposed work is intended.
5. State the total valuation of the work for which application is made.
6. Be signed by the applicant or when required, by the licensed holders.
7. State the name, address and license number of licensed contractor(s) who will perform work under the permit.
8. Provide the Commercial Activity License numbers of contractors, design professionals, agents, owners, lessors, etc. as appropriate to the application. 65
9. Give such additional information as required by the department.
A-301.6 Construction documents: 66 Applications for permits shall be accompanied by construction documents that include the information required by Section A-305.0, the technical codes, regulations, plan submission standards, and any other information that the code official determines is necessary to issue the permit. As used in this Chapter, construction documents shall include demolition plans as described in Section A-305.2.2.1. 67 When paper copies of any construction documents are submitted, three sets shall be required, and the applicant shall be required to pay an electronic imaging fee as established by regulation. The code official may waive the requirement for the submission of construction documents in accordance with Section A-305.1.1.
A-301.7 Amendments to application: Subject to the limitations of Section A-301.8, amendments to a plan, application or other records accompanying the same shall be filed at any time before completion of the work for which the permit is sought or issued. Such amendments shall be deemed part of the original application and shall be filed therewith and requisite fees paid.
A-301.7.1 Zoning and use registration permit amendments: 68 Amendments to zoning and use registration permits shall be subject to the Code provisions in effect on the date the amendment application is filed.
A-301.8 Time limitation of application: 69 An application for a permit for any proposed work shall be deemed to have been abandoned 60 days after the date of any request by the Department for information from the applicant or 60 days after notification by the Department that the application is approved and available for pick-up, unless the applicant provides any requested information to the Department and has taken the necessary steps to pick up the permit from the Department. The code official may grant one or more extensions of time for additional periods not exceeding 90 days each if there is reasonable cause.
A-301.8.1 Court order: 70 The Department is authorized to deem abandoned any permit application where a Court of proper jurisdiction has authorized the Department to act upon its police powers to abate an unsafe condition.
A-301.9 Waste collection plan: 71 The applicant for any building or demolition permit that requires the submission of plans must list on the building permit application the names of all waste haulers. Copies of all tipping receipts and evidence of proper disposal must be retained for audit upon request for three (3) years after the building permit is finalized. Failure to properly dispose of construction, demolition, or alteration debris on a project on any size, regardless of the need for a permit, shall result in the suspension or revocation of the Contractor License in addition to any criminal penalties that may be imposed.
Notes
44 | Amended, Bill No. 030780 (approved December 31, 2003). |
45 | |
46 | Added, Bill No. 180175 (approved June 6, 2018). |
47 | Amended, Bill No. 180175 (approved June 6, 2018). |
48 | |
49 | Added,
Bill No. 210389 (approved July 15, 2021), effective January 1, 2023. |
50 | Amended, Bill No. 180175 (approved June 6, 2018). |
51 | Amended, Bill No. 180175 (approved June 6, 2018). |
52 | Amended, Bill No. 180175 (approved June 6, 2018). |
53 | Added, Bill No. 180175 (approved June 6, 2018). |
54 | |
55 | Amended, Bill No. 070821 (approved November 15, 2007). |
56 | |
57 | Amended, Bill No. 180175 (approved June 6, 2018). |
58 | Added, Bill No. 090842 (approved January 13, 2010). |
59 | |
60 | Amended,
Bill No. 210135-AA (approved May 11, 2021). |
61 | Added, Bill No. 150056-A (approved May 5, 2015). |
62 | |
63 | |
64 | |
65 | Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012. |
66 | |
67 | Enrolled bill referenced A-301.5(10)(c), which was renumbered to A-305.2.2.1 and amended by Bill No. 180175 (approved June 6, 2018). |
68 | |
69 | Amended, Bill No. 070821 (approved November 15, 2007). |
70 | Added, Bill No. 180175 (approved June 6, 2018). |
71 | Amended, Bill No. 160768 (approved January 3, 2018), effective January 1, 2019. |
A-302.1 Action on application: 73 The Department shall examine or cause to be examined all applications for permits and amendments thereto. If the application or the construction documents do not conform to the requirements of all pertinent laws, the code official shall reject such application in writing, stating the reasons therefor. If the code official is satisfied that the proposed work conforms to the requirements of this code and the technical codes and all laws and ordinances applicable thereto, the code official shall issue a permit therefor as soon as practicable upon payment of requisite fees.
A-302.1.1 Time limits for permit application consideration. 74 The code official shall grant or deny a complete permit application in whole or in part or request further information, within the following number of business days after the filing date:
1. for commercial construction, 20 days, to the extent capacity permits, but in no event more than 30 days.
2. for residential construction, 15 days.
3. for affordable housing projects, as defined by the Department of Licenses and Inspections, 10 days, to the extent capacity permits.
4. for accelerated review provided under Section A-901.10, 5 days
A-302.1.2 Application amendments: The code official shall endeavor to grant or deny a complete application for an amendment to a permit within 10 business days of the filing date, provided the amendment is the result of an unforeseen field condition or constraint that necessitates a change in configuration, design, or materials. An applicant may obtain accelerated plan review pursuant to the requirements of Section A-901.10 for any application for an amendment to a permit.
A-302.1.3 Imminently dangerous structures: If the permit application is for an imminently dangerous structure as determined under the Property Maintenance Code Section PM-110, then the code official shall preliminarily review such application for completeness at the time submitted, and shall grant or deny a complete permit application within 5 business days of receipt. Reasons for a denial shall be in writing and sent to the applicant.
A-302.1.4 Extension of consideration time limits: When agreed to by the code official and the permit applicant in writing, the deadline for action shall be extended by the number of days specified in the agreement. In connection with any application for accelerated review under Section A-901.10, the Department may determine, in writing provided to the applicant, that resource constraints prohibit compliance with the 5-day time line and may extend the time limit for up to an additional 5 days.
A-302.1.6 Accelerated zoning plan review: Upon payment of the fee, the department shall complete its plan review of any zoning application that is subject to civic design review under subsection 14-304(5) and issue a decision no later than ten business days after submission of a complete application, absent an emergency that would prevent such completion.
A-302.1.7 Substantially improved or substantially damaged existing buildings in flood hazard areas. 75 For applications for reconstruction, rehabilitation, addition or other improvement of existing buildings or structures subject to the technical codes and located in a flood hazard area as established by the Flood Insurance Rate Map (FIRM) of the U.S. Department of Homeland Security Federal Emergency Management Agency (FEMA), the code official shall examine or cause to be examined the construction documents and shall prepare a finding with regard to the value of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its pre-damage condition. If the code official finds that the value of proposed work equals or exceeds fifty percent (50%) of the market value of the building or structure before the damage has occurred or the improvement is started, a determination of substantial improvement or substantial damage shall be issued and the applicable requirements of the Building Code or Residential Code shall be applied.
The term substantial improvement shall not include:
1. Improvements of a building or structure required to correct existing health, sanitary or safety code violations identified by the code official and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of an historic building or structure, provided that the alteration will not preclude the continued designation as an historic building or structure. For the purposes of this exclusion, an historic building is:
2.1 Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places; or
2.2 Determined by the Secretary of the U.S. Department of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district; or
2.3 Designated as historic under Chapter 14-1000 of The Philadelphia Code.
If the building or structure has sustained substantial damage, all repairs are considered substantial improvement regardless of the actual repair work performed.
A-302.2 Suspension of permit: 76 Any permit issued shall become invalid if the authorized work is not commenced within six months after issuance of the permit, or if the authorized work is suspended or abandoned for a period of six months after the time of commencing the work. The code official is authorized, for reasonable cause, to extend in writing the time for commencing or suspending the work for a period not exceeding six months upon written request of the permittee. A maximum of two extensions for a total period not exceeding twelve months may be granted to extend the time to commence work. A maximum of one extension for a period not exceeding six months may granted to extend time on suspended work. In order to proceed with the work authorized by an expired permit, a new permit shall be obtained.
1. For permits issued in connection with imminently dangerous structures or conditions (see PM-110.1 80 ), the permit shall become invalid if the work does not commence within 10 days after issuance or does not progress continuously until the structure or condition is made safe, unless the permit is otherwise extended by the Department.
2. For permits issued in connection with an unsafe structure or condition (see PM-108, PM-109 81 ), the permit shall become invalid if the work does not commence within 30 days after permit issuance or does not progress continuously until the structure or condition is made safe, unless the permit is otherwise extended by the Department.
A-302.3 Previous approvals: 82 This code and the technical codes shall not require changes in the construction documents, construction or designated occupancy classification of a building or structure for which a permit has been issued pursuant to the requirements of a previously adopted code(s) and the construction of which has been actively pursued within the time periods specified by Section A-302.2.
A-302.4 Signature to permit: 83 The code official charged with the review of permit applications and related construction documents shall affix a signature or provide electronic approval to each approved application and/or permit in accordance with procedures of the department.
A-302.5 Construction documents: 84 Upon approval, the code official shall stamp or endorse electronic approval on each page of construction documents, unless otherwise specified. Such approved construction documents shall not be changed, modified or altered without authorization from the code official. Work shall be done in accordance with the approved construction documents and required non-design changes marked thereon by the code official.
1. One set shall be retained in the records of the Department according to the established retention schedule.
2. One set shall be available to the appropriate inspection office.
3. One set shall be returned to the applicant. A paper copy shall be retained by the applicant at the construction site and shall be available for inspection by the code official.
A-302.5.2 Responsibility: Construction documents approved by the Department are approved with the intent that such construction documents comply in all respects with this code and the applicable technical codes. Any omissions or errors on the construction documents do not relieve the applicant or other responsible persons of having to comply with all applicable requirements of this code and the technical codes. The issuance of a permit based on construction documents and other data shall not prevent the code official from requiring the correction of errors in the construction documents and other data. The code official is authorized to prevent occupancy or use of a structure where in violation of The Philadelphia Code.
A-302.6 Foundation permit: 85 The code official is authorized to issue a permit for the construction of foundations before the construction documents for the entire structure have been submitted provided the zoning permit for the entire structure has been issued and provided that appropriate construction documents and required statements have been filed. Approval of the Philadelphia Water Department for water and sewer availability and storm water management is required prior to the issuance of a foundation permit.
A-302.6.2 Owner's risk: The owner of a structure for which a foundation and related permits have been issued shall proceed at the owner's risk without assurance that a permit for the entire structure will be granted. Issuance of a foundation permit shall not be construed to establish vested rights to the building or related permits on the part of any party to the construction project.
A-302.7 Annual permit. 86 In lieu of an individual permit for each repair, replacement, maintenance operation or alteration to an already approved electrical, gas, mechanical, or plumbing installation, the code official is authorized to issue an annual permit upon application therefor. The work authorized under an annual permit does not include new installations or the extension of existing systems. The applicant shall be a person, firm, institution or corporation regularly employing one or more qualified trade persons in the building, structure, or on the premises owned or operated by the applicant for the permit. A licensed trades person employed by the firm, institution or corporation and responsible for the work regulated by the permit shall be identified prior to the issuance of the annual permit.
A-302.7.1 Records. The entity to whom an annual permit is issued shall keep a detailed record of all work performed under the annual permit. The work record shall be available for inspection by the code official at all times, or at the code official's discretion, shall be filed with the code official.
A-302.8 Posting of permits and licenses: 87 Permits and licenses shall be kept on the premises designated therein at all times and shall be readily available for inspection by the code official. A true copy of all permits or notice of permits issued by the Department authorizing construction activity shall be posted on the site of the operations, open to public inspection during the entire time of the prosecution of the work for which the permit has been issued. Each permit or notice of permit required to be posted by this subsection shall include the full name and address of the owner; provided, further, that if the owner is not a natural person, the posting shall also include the full names and addresses of the owner's responsible officers. If the owner is not a natural person or a publicly traded company, the permit or notice of permit shall also include, in addition to the owner of the property, the name and preferred mailing address of each natural person who has an equity interest in such owner or owners of the property that exceeds one or more of the following, regardless of whether the natural person has a direct equity interest or such natural person's equity interest is held through one or more tiers of a corporate structure, such as parent-subsidiary structure: (a) forty-nine percent (49%) of the value of the property or (b) forty-nine percent (49%) of the value of the owner of the property. If no natural person has such an interest, the permit or notice of permit shall identify the name and preferred mailing address of the two natural persons who have the largest equity interest in the property. The Department shall be authorized to establish Regulations for additional posting and signage requirements related to construction.
Exceptions:
1. Rental license, where there is no on-premises management office.
2. The posting of zoning and use registration permits shall be regulated by Title 14.
A-302.8.1 Insurance certificates: 88 The holder of any permit authorizing construction activity shall maintain a true copy of the developer or contractor's certificate of insurance on the site of the operations, open to public inspection upon request during the entire time that the construction permit or notice of permits issued by the Department is to be posted.
1. The permit was issued in error.
2. The permit was issued on the basis of incorrect, inaccurate or incomplete information in the application or construction documents.
3. The permit was issued on the basis of false statement or misrepresentation of fact in the application or construction documents.
4. An ordinance, regulation, or condition of permit has been violated.
5. Work is being conducted in an unsafe manner.
6. A Stop Work Order or Cease Operations Order has been issued.
A-302.9.1 Correction: 89 When the department determines that grounds exist for the revocation of a permit, it shall serve written notice upon the permit holder, stating the nature of the violation. The Department is authorized to allow for a reasonable period within which compliance with all the requirements of such permit shall be achieved. The notice may also describe a course of remedial action.
A-302.10 Conditions of permit: Permits issued pursuant to this code and the technical codes are subject to the conditions stated in Sections A-302.10.1 through A-302.10.5 90 as applicable.
A-302.10.1 Payment of fees: A permit shall not be issued until the fees prescribed in Chapter 9 have been paid.
A-302.10.3 Compliance with permit: 91 All work shall conform to the approved application and the approved construction documents for which the permit has been issued and any approved amendments to the approved application or the approved construction documents. Permits are not transferable except by approval of the department.
A-302.10.5 Asbestos inspection report: 92 A permit for any demolition or alteration in excess of fifty thousand dollars ($50,000) shall not be issued until an asbestos inspection report including all laboratory sample reports and analyses, furnished by an independent certified asbestos investigator as defined in Section 6-601 of the Philadelphia Health Code, has been submitted. Submission of an asbestos inspection report is not required for buildings erected pursuant to a building permit issued after December 31, 1980, or any residence with three dwelling units or less. The Department is responsible for forwarding the submitted asbestos inspection report to the Department of Public Health for review and appropriate action. Notwithstanding this requirement, where asbestos is found, all regulations of the Department of Public Health shall be followed.
A-302.11 Temporary structures and uses. 93 Subject to the exclusions established by the UCC in Section A-102.1 of this code, the code official is authorized to issue a building permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The code official is authorized to grant extensions for demonstrated cause.
Notes
72 | Amended, Bill No. 030780 (approved December 31, 2003). |
73 | A
mended, Bill No. 190767 (approved November 12, 2019), effective July 1, 2020. |
74 | Amended, Bill No. 130691-A (approved February 19, 2014) and Bill No. 130698-A (approved February 19, 2014), each with similar, but different, language. Bill No. 130698-A controls, as it has the higher bill number. See 1 Pa. C.S. § 1935. See note 87 for effective date provisions of Bill No. 130691-A. Amended, Bill No. 140856 (approved December 19, 2014), effective July 1, 2015. Enrolled bill incorrectly referenced "PM-311"; revised to "PM-110" by Code editor. Amended, Bill No. 180175 (approved June 6, 2018). |
75 | |
76 | |
77 | Amended, Bill No. 070821 (approved November 15, 2007). |
78 | |
79 | |
80 | Enrolled bill incorrectly referenced "PM-311.1"; revised to "PM-110.1" by Code editor. |
81 | Enrolled bill incorrectly referenced "PM-310"; revised to "PM-109" by Code editor. |
82 | Amended, Bill No. 180175 (approved June 6, 2018). |
83 | Amended, Bill No. 180175 (approved June 6, 2018). |
84 | Amended, Bill No. 180175 (approved June 6, 2018). |
85 | Amended, Bill No. 180175 (approved June 6, 2018). |
86 | Amended, Bill No. 180175 (approved June 6, 2018). |
87 | Amended, Bill No. 020758 (approved January 31, 2003), effective January 1, 2003; amended, Bill No. 130691-A (approved February 19, 2014). Section 6 of Bill No. 130691-A provides: "The provisions of this Ordinance that are subject to review under the Pennsylvania Construction Code Act (Act 45 of 1999, P.L. 491, as amended) shall not become effective until the Secretary of the Pennsylvania Department of Labor and Industry certifies approval of this Ordinance or the City Solicitor certifies to the Chief Clerk of Council that the requirements of Section 503 of Act 45 of 1999, as amended (35 P.S. sec. 7210.503), have otherwise been satisfied so as to permit the Ordinance to go into law. The remainder of this Ordinance shall take effect immediately." The Pennsylvania Department of Labor and Industry provided the necessary approval on January 15, 2014. Pursuant to 35 P.S. § 7210.503(j), the provisions are effective 35 days after enactment, i.e., March 27, 2014. Amended, Bill No. 180175 (approved June 6, 2018); amended, Bill No. 200417 (became law November 12, 2020), effective January 1, 2022. |
88 | Added, Bill No. 060346 (approved September 14, 2006). |
89 | Amended, Bill No. 180175 (approved June 6, 2018). |
90 | Enrolled Bill No. 030780 read "A-302.9.1 through A-302.9.5". |
91 | Amended, Bill No. 180175 (approved June 6, 2018). |
92 | |
93 | Amended, Bill No. 180175 (approved June 6, 2018). |
A-303.1 Service connections: Before a structure is demolished or removed, the Demolition Contractor licensed pursuant to Section 9-1008 of The Philadelphia Code responsible for the demolition shall notify all utilities having service connections within the structure such as water, electric, gas, sewer and other connections. Service connections and appurtenant equipment, such as meters and regulators shall be removed or sealed and plugged in a safe manner.
A-303.2 Posting and Notice: 95 Upon submittal of an application for a permit for the demolition of a structure, the department shall provide a notice to the Demolition Contractor to be posted prior to the demolition of the structure. The Demolition Contractor shall post such notice on the structure to be demolished.
Upon issuance of the building permit for the demolition, and in addition to the notification requirements for contractors established in this Section and the Building Code, the department is authorized to distribute an informational bulletin indicating that the City or owner intends to demolish said structure. The department shall distribute the informational bulletin to the properties located within a 250 foot radius of the subject property, the Councilmember whose district includes the property, and any Registered Community Organization the registered boundaries of which include the property. 96
The requirement to distribute an informational bulletin shall not create any actionable right for any resident or owner of the subject property or any neighboring property.
Exceptions:
1. In the event of an emergency which requires immediate action to protect the health or safety of the public, which shall include any time the Department has served notice of a requirement to demolish an imminently dangerous structure under Section PM-110.2 of this Title and demolition is carried out within 10 days of service by the Department of the notice requiring demolition; provided that the Department distributes the informational bulletin to any property abutting the property on which a structure is to be demolished. 97
2. When the structure has been posted as required by subsection 14-303(13) of The Philadelphia Code. 98
3. When the structure has been the subject of a variance granted by the Zoning Board of Adjustment.
A-303.2.1 Location and Time: 99 The notice shall be posted by the Demolition Contractor on each street frontage of the premises with which the notice is concerned. Posted notices shall remain until demolition of the structure, which shall not commence less than 21 days from the date of the initial posting of the notice.
A-303.2.2 Content: 100 Such posted notice shall be clearly visible to the public. All notices shall contain the date on which the permit application for demolition was submitted to the Department.
A-303.2.3 Removal: No person shall remove such notice prior to the approved date on which demolition is permitted to commence, unless the owner notifies the department that the structure will not be demolished and the permit has been revoked by the department upon such request, in which case, the Demolition Contractor shall remove the notice.
A-303.2.4 Penalties: Any Demolition Contractor who violates the provisions of this Section shall be subject to penalties as prescribed in Chapter 6.
A-303.2.5 Additional posting and notice: 101 The Department shall include in any informational bulletin distributed pursuant to this Section all of the following: education material explaining the inherent safety risks of demolition; contractor obligations regarding party walls; information concerning shoring and bracing of walls; waterproofing and enclosure of breaches for interior walls that become exterior walls, and other required finishings.
A-303.3 Permits: 102 A demolition permit shall be valid only in connection with work performed by the licensed Demolition Contractor identified on the permit. A Demolition Contractor that seeks to perform demolition work under a permit identifying another contractor must obtain an amendment of such permit that authorizes work by the new Demolition Contractor.
A-303.5 Current or Former Religious Facilities: 103 The Department shall verify whether the structure that is the subject of a demolition permit is currently or was formerly used as a church, synagogue, mosque, or other religious facility.
If the structure that is the subject of a demolition permit is currently or was formerly used as a church, synagogue, mosque, or other religious facility and is at least 50 years old, then the Department shall not issue a permit for demolition, until:
1. The Department notifies the District Councilmember and Registered Community Organization (RCO) of the application of a demolition permit for the structure;
2. The Department receives confirmation that the RCO held a meeting to discuss the demolition of the structure within 30 days of receiving notice of the demolition; and
3. The Department fully considers the position of the RCO in making the decision of whether to issue a permit for the structure.
Notes
94 | Amended, Bill No. 160075 (approved May 10, 2016). Section 2 of Bill No. 160075 provides: "The provisions of this Ordinance that are subject to review under the Pennsylvania Construction Code Act (Act 45 of 1999, P.L. 491, as amended) shall not become effective until the Secretary of the Pennsylvania Department of Labor and Industry certifies approval of this Ordinance or the City Solicitor certifies to the Chief Clerk of Council that the requirements of Section 503 of Act 45 of 1999, as amended (35 P.S. sec. 7210.503), have otherwise been satisfied so as to permit the Ordinance to go into law." The Pennsylvania Department of Labor and Industry provided the necessary approval on March 25, 2016. Pursuant to 35 P.S. § 7210.503(j), the provisions are effective 35 days after enactment, i.e., June 14, 2016. |
95 | |
96 | |
97 | Amended, Bill No. 140856 (approved December 19, 2014), effective July 1, 2015. |
98 | Amended, Bill No. 120774-A (approved January 14, 2013). |
99 | |
100 | Amended, Bill No. 020411 (approved October 15, 2002). |
101 | |
102 | Amended, Bill No. 180175 (approved June 6, 2018). |
103 | Added,
Bill No. 220110 (became law September 15, 2022). |
A-304.1 General: The construction documents for new construction, alteration, repairs, expansion, addition or modification for buildings or structures required for a permit application shall be prepared by a registered design professional consistent with the professional registration laws of the Commonwealth of Pennsylvania. Where special conditions exist, the code official is authorized to require additional construction documents to be prepared by a registered design professional. The construction documents shall include the name and address of the registered design professional and shall be signed, sealed and dated by the registered design professional in accordance with the professional registration laws.
1. A registered design professional is not required to prepare the construction documents for the remodeling or alteration of a building where there is no compensation paid for such preparation and the remodeling or alteration does not relate to additions to the building or changes to the building's structure or means of egress and where the cost of the work is less than twenty-five thousand dollars ($25,000).
2. A registered design professional is not required to prepare designs submitted under the provisions of Chapter 24 of the Residential Code for residential buildings having a conditioned floor area of 5,000 square feet (465 m2) or less, provided a qualified person prepares such designs.
3. The seal of a registered design professional shall not be required for ground floor additions to one- and two-family buildings of less than 120 square feet.
A-304.3 Design professional in responsible charge: 106 When it is required that documents be prepared by a registered design professional, the code official is authorized to require the owner to engage and designate on the permit application, a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge, who shall perform the duties required of the original registered design professional in responsible charge. The code official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.
The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.
Deferral of any submittal items shall be subject to the prior approval of the code official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the code official.
Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the code official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the code official and any additional or amended permits have been issued.
Notes
104 | |
105 | Amended, Bill No. 180175 (approved June 6, 2018). |
106 | Amended, Bill No. 180175 (approved June 6, 2018). |
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