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). |