Add Sections B-3307.2 through B-3307.11 as follows:
B-3307.2 License to enter adjoining property. The responsibility of affording any license to enter adjoining property shall rest upon the owner of the adjoining property involved. It is the responsibility of the person making or causing construction or demolition operations to obtain any necessary license to enter adjoining property from the owner of such property prior to the start of work impacting or potentially impacting the adjoining property. If the person who causes the construction, demolition, or excavation work is denied a license to enter by the adjoining property owner, and the building undergoing work is an imminent danger to the adjoining property, as determined by the Department, such duty to preserve and protect the adjacent property shall devolve to the owner of the adjoining property.
B-3307.3 Physical examination. A physical examination of such adjoining property shall be conducted by the person causing the construction or demolition operations prior to the commencement of the operations and at reasonable periods during the progress of the work. Observed conditions shall be recorded by the person causing the construction or demolition operations, and such records shall be made available to the Department upon request.
B-3307.4 Soil or foundation work affecting adjoining property. Whenever soil or foundation work occurs, regardless of the depth of such, the person who performs or causes such work shall, at all times during the course of such work and at his or her own expense, preserve and protect from damage any adjoining or adjacent structures, including but not limited to footings and foundations.
B-3307.4.1 Additional safeguards during excavation. The person causing the excavation shall support the vertical and lateral load of the adjoining or adjacent structure by proper foundations, underpinning, or other equivalent means where the level of the foundation of the adjoining or adjacent structure is at or above the level of the bottom of the new excavation.
B-3307.6 Construction loads supported by existing party walls. The structural adequacy of existing party walls shall be examined by a registered design professional where any construction or demolition work requires the placement of construction materials or equipment upon an existing building or structure supported by the party wall. Any such party wall found through examination to be in an unsafe or imminently dangerous condition as defined by the Philadelphia Property Maintenance Code shall be immediately reported to the Department. Any party wall found through examination to be structurally inadequate to support proposed construction loads shall be strengthened in an approved manner prior to the placement of any construction loads.
B-3307.6.1 Support of party walls. Where a party wall will be affected by excavation, regardless of the depth, the person who causes the excavation to be made shall preserve such party wall at his or her own expense so that it shall be, and shall remain, in a safe condition. Where an adjoining party wall is intended to be used by the person causing an excavation to be made, and such party wall is in good condition and sufficient for the uses of the existing and proposed buildings, it shall be the duty of the person excavating to protect the party wall and support it by proper foundations, so that it remains insofar as possible as safe as it was before the excavation was commenced.
B-3307.7 Interior walls exposed after demolition. Interior walls that become exterior walls as the result of a demolition shall comply with Chapter 14 of the Building Code. All cornices, where cut shall be sealed. All loose material shall be removed, and all voids shall be filled with a suitable material. Such walls shall have wall coverings installed that comply with the applicable provisions of Chapter 14 of the Building Code. The walls shall be carefully examined by a competent person designated by the permit holder to ascertain the condition and adequacy of the party wall to accept the required wall covering. Wall covering to be installed on a wall shall not be more than the wall is capable of safely supporting. Where the Department determines that a wall is incapable of supporting any acceptable wall covering and has issued a related violation, such wall shall not be required to be covered until the violation is corrected.
The exposed portions of the wall may be temporarily protected from weather damage by tarpaulins, waterproof paper, or other temporary means approved for use by the code official for a maximum period of 60 days. Such temporary protection shall be maintained in a weatherproof condition.
The exterior of foundation walls that enclose interior space of a structure adjoining a structure that has been demolished shall be damp-proofed in accordance with Chapter 18 of the Building Code prior to backfilling. The person responsible for the demolition shall be responsible for compliance with this regulation.
B-3307.8 Protection of roofs. Whenever any building is to be constructed or demolished above the roof of an adjoining building, it shall be the duty of the person causing such work to protect from damage at all times during the course of such work and at his or her own expense the roof, skylights, other roof outlets, and equipment located on the roof of the adjoining building, and to use every reasonable means to avoid interference with the use of the adjoining building during the course of such work.
Adjoining roof protection shall be secured to prevent dislodgement by wind. Where construction or demolition work occurs at a height of at least 48 inches (1219 mm) above the level of the adjoining roof, adjoining roof protection shall consist of 2 inches (51 mm) of flame-retardant foam under 2 inches (51 mm) of flame-retardant wood plank laid tight and covered by flame-retardant plywood, or shall consist of equivalent protection acceptable to the Department, and shall extend to a distance of at least 12 feet (3658 mm) from the edge of the building being constructed or demolished.
1. Excavation work to a depth of more than 5 feet (1524 mm) within 10 feet (3048 mm) of an adjoining or adjacent building.
2. Excavation, new construction or demolition work occurring within 90 feet (27.43 m) of a building or structure designated as historic under Chapter 14-1000 of The Philadelphia Code on the subject property or abutting lot.
3. Modification to a wall which is used for joint service between two buildings on separate lots, including demolition. Modifications shall include, but are not limited to, exposure of the wall, removal of perpendicular walls, floor diaphragms, or roof diaphragms; or addition of loading to the wall.
4. Severing of any structural, roof, or wall covering element extending continuously across the property line onto adjoining property.
1. Documentation of adjoining or adjacent buildings, including height, number of stories, construction type, and identification of any elements that may be impacted by construction or demolition operations, including but not limited to identification of any visible structural, roof, or wall covering elements extending continuously across the property line. If the work included in the application for permit includes demolition or construction above the roof line of any building or structure on adjoining property, include identification of locations of any visible bulkheads, chimneys, mechanical equipment, parapets, skylights, or vertical extensions of fire walls on the roof of any adjoining or adjacent building.
2. Documentation of the existing conditions of all adjacent or adjoining buildings, which shall include the location extent and dimension of any visible cracks or pronounced deformations or misalignment of the building or structure's entire exterior envelope.
3. Photographs of the adjoining or adjacent buildings or structures showing, at a minimum: (1) the elevation as visible from any public right-of-way and (2) photographs of any locations or elements identified in B-3307.9.1 or B-3307.9.2.
4. Statement, signed by a representative of the entity performing structural observations in accordance with Chapter 17, confirming that existing conditions identified in this preconstruction survey will be monitored throughout the construction or demolition operation.
1. Excavation exceeding a depth of five (5) feet below adjacent grade, excluding digging, trenching, or boring for utilities or geotechnical exploration, that is within ten (10) feet of an adjacent structure.
2. Modification to a fire wall which is used for joint service between two buildings on separate lots, including demolition or underpinning.
3. Excavation, new construction or demolition work occurring within 90 feet of a designated historic building or structure on an abutting lot.
4. Severing of any structural, roof, or wall covering element extending continuously across the property line onto adjoining property.
5. Demolition activity that results in the exposure of a wall of an adjacent or adjoining building.
Such notification shall describe the nature of work, estimated schedule and duration, and shall include the pre-construction survey, plans or details depicting work that may affect the adjoining or adjacent property, details of monitoring to be performed on the adjoining property, protection proposed to be installed on the adjoining property, a copy of the contractor's Certificate of Insurance for general liability, and contact information for the project.
Notification shall be delivered to the adjacent property owner at the address registered with the City of Philadelphia Office of Property Assessment and the resident of the adjoining property, if different from owner.
1. The permit application shall include the adjacent property owner's signature affirming receipt of notification and statement of owner's rights on a form established by the Department.
2. If the party carrying out the construction or demolition is unable to obtain the adjacent property owner's signature of receipt, evidence of delivery and reasonable attempt to acquire signature must be provided. In the absence of the adjacent property owner's signature of receipt, no construction or demolition permit shall be issued less than 60 days after either permit application submission or the date that notice was transmitted, whichever comes later.
B-3307.11.2 Final notification shall be delivered at least 10 calendar days prior to commencement of work updating the construction schedule and providing any changes to the detail required for the Initial Notification under Section B-3307.11. The party carrying out the construction or demolition shall be responsible to notify the adjacent property owner and resident of any significant modifications required during construction or demolition operations that may have an impact on adjacent property.
Exceptions:
1. Notification shall not be required for demolition performed under contract with the Department and in compliance with current Procurement Department specifications.
2. The time periods prescribed under B-3307.11.1 and B-3307.11.2 shall be waived for work performed under private contract that is necessary to abate an unsafe or imminently dangerous condition, as determined by the Department.
Notes
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