SECTION F-105 PERMITS AND LICENSES

F-105.1 Permits and licenses required. Permits and licenses required by this code shall be obtained from the Department of Licenses and Inspections in accordance with this Chapter and the Philadelphia Administrative Code.

   F-105.1.1 Licenses. Licenses issued pursuant to this code shall be issued for a period of one year and shall be renewed annually by the license holder.

   F-105.1.2 Operational permits. Operational permits allow the applicant to conduct an operation or a business for a prescribed period. Such permits are not renewable.

   F-105.1.3 Assisted operation permits. An assisted operation permit provides for appropriate City agency assistance or oversight for the specified activities in Section F-105.8. Such permits are not renewable.

   F-105.1.4 Construction permits. Construction permits authorize the installation or modification of systems and equipment. Such permits are subject to the provisions of Chapter 3 of the Administrative Code.

F-105.2 Inspection authorized. Before a permit or license is approved, the fire code official is authorized to inspect the receptacles, buildings, devices, premises, storage spaces or areas to be used to determine compliance with this code or any operational constraints required.

F-105.3 Conditions of a license or permit. A license or permit issued pursuant to this code shall constitute permission to maintain, store or handle materials; or to conduct processes that produce conditions hazardous to life or property; or to install equipment utilized in connection with such activities; or to install or modify any fire protection system or equipment or any other construction, equipment installation or modification in accordance with the provisions of this code. Such permission shall not be construed as authority to violate, cancel or set aside any of the provisions of The Philadelphia Code and adopted regulations.

F-105.4 Posting. Issued permits and licenses shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire code official.

F-105.5 Revocation. The fire code official is authorized to revoke a permit or license issued under the provisions of this code where it is found by inspection or otherwise that there has been a false statement or misrepresentation as to the material facts in the application or documents on which the permit, license or approval was based.

F-105.6 Licenses required. The licenses required by Sections F-105.6.1 through F-105.6.7 shall be obtained from the Department of Licenses and Inspections in accordance with this Chapter and the Philadelphia Administrative Code prior to conducting the regulated activity at any premises. Licenses shall remain in effect until renewed annually or suspended or revoked by the fire code official.

   F-105.6.1 Required hazardous materials handling licenses. The Department of Licenses and Inspections is authorized to issue hazardous materials licenses for the manufacture or storage of the types and quantities of materials set forth in Sections F-105.6.1.1 through F-105.6.1.10. Such materials may also be subject to additional fees as established by Section F-5001.7.

      F-105.6.1.1 Aerosol products. A hazardous materials license is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight.

      F-105.6.1.2 Battery systems. A hazardous materials license is required to maintain stationary lead-acid battery systems having a liquid capacity of more than 50 gallons (189 L).

      F-105.6.1.3 Compressed gases. A hazardous materials license is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed in Table F-105.6.1.3.

         Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.

TABLE F-105.6.1.3
LICENSE AMOUNTS FOR COMPRESSED GASES

TYPE OF GAS	AMOUNT (cubic feet at NTP)
Carbon dioxide used in carbon dioxide enrichment systems	875 (100 lbs.)
Carbon dioxide used in insulated liquid carbon dioxide beverage dispensing applications	875 (100 lbs.)
Corrosive	200
Flammable (except cryogenic fluids and liquefied petroleum gases)	200
Highly toxic	Any Amount
Inert and simple asphyxiant	6,000
Oxidizing (including oxygen)	504
Pyrophoric	Any Amount
Toxic	Any Amount

 

For SI: 1 cubic foot = 0.02832 m 3.

      F-105.6.1.4 Cryogenic fluids. A hazardous materials license is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table F-105.6.1.4.

         Exception: Vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading.

TABLE F-105.6.1.4
LICENSE AMOUNTS FOR CRYOGENIC FLUIDS

 

TYPE OF CRYOGENIC FLUID	INSIDE BUILDING (gallons)	OUTSIDE BUILDING (gallons)
Flammable	More than 1	60
Inert	60	500
Oxidizing (includes oxygen)	10	50
Physical or health hazard not indicated above	Any Amount	Any Amount

 

For SI: 1 gallon = 3.785 L.

      F-105.6.1.5 Dry cleaning plants. A hazardous materials license is required where dry cleaning solvents are used at a dry cleaning plant.

      F-105.6.1.6 Explosives. A hazardous materials license is required for the manufacture, storage, handling, use or sale of any quantity of explosive, explosive material, fireworks, or pyrotechnic special effects within the scope of Chapter 56. For the display of fireworks, in lieu of a hazardous material license, an Assisted Operation Permit shall be required in accordance with Section F-105.8. For the use of explosives, in lieu of a hazardous material license, an operational permit shall be required in accordance with Section F-105.7.1.

         Exception: Consumer fireworks, 1.4G (Class C, Common), as regulated through licensure by the Pennsylvania Department of Agriculture pursuant to Act 43 of 2017, amending the Tax Reform Code of 1971 (72 P.S. §§ 9401 - 9416).

      F-105.6.1.7 Flammable and combustible liquids. A hazardous materials license is required:

         1.   To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the offsite transportation in pipelines regulated by the Department of Transportation (DOTn) nor does it apply to piping systems.

         2.   To store, handle or use Class I liquids in excess of 5 gallons (19 L) in a building or in excess of 10 gallons (37.9 L) outside of a building, except that a permit is not required for the following:

            2.1.   The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the fire code official, would cause an unsafe condition.

            2.2.   The storage or use of paints, oils, varnishes or similar flammable mixtures where such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days.

         3.   To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel oil used in connection with oil burning equipment.

         4.   To store, handle or use Class IIIB liquids in tanks or portable tanks for fueling motor vehicles at motor fuel-dispensing facilities or where connected to fuel-burning equipment.

            Exception: Fuel oil and used motor oil used for space heating or water heating.

         5.   To remove Class I or II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes.

         6.   To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.

         7.   To change the type of contents stored in a flammable or combustible liquid tank to a material that poses a greater hazard than that for which the tank was designed and constructed.

         8.   To manufacture, process, blend or refine flammable or combustible liquids.

         9.   To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or to engage in on- demand mobile fueling operations in accordance with Section 5707.

         10.   To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or, where required by the fire code official, to utilize a site for on-demand mobile fueling operations in accordance with Section 5707.

      F-105.6.1.8 Hazardous materials. A hazardous materials license is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table F-105.6.1.8 and for extremely hazardous substances in accordance with Section F-105.6.8.

TABLE F-105.6.1.8
LICENSE AMOUNTS FOR HAZARDOUS MATERIALS

TYPE OF MATERIAL		AMOUNT
Combustible liquids		See Section F-105.6.1.7
Corrosive materials	Gases	See Section F-105.6.1.3
	Liquids	55 gallons
	Solids	1,000 pounds
Explosive materials		See Section F-105.6.1.6
Flammable materials	Gases	See Section F-105.6.1.3
	Liquids	See Section F-105.6.1.7
	Solids	100 pounds
Highly toxic materials	Gases	See Section F-105.6.1.3
	Liquids	Any Amount
	Solids	Any Amount
Oxidizing materials (Gases)		See Section F-105.6.1.3
Oxidizing materials (Liquids)	Class 4	Any Amount
	Class 3	1 gallon a
	Class 2	10 gallons
	Class 1	55 gallons
Oxidizing materials (Solids)	Class 4	Any Amount
	Class 3	10 pounds b
	Class 2	100 pounds
	Class 1	500 pounds
Organic peroxides (Liquids)	Class I	Any Amount
	Class II	Any Amount
	Class III	1 gallon
	Class IV	2 gallons
	Class V	No Permit Required
Organic peroxides (Solids)	Class I	Any Amount
	Class II	Any Amount
	Class III	10 pounds
	Class IV	20 pounds
	Class V	No Permit Required
Pyrophoric materials	Gases	Any Amount
	Liquids	Any Amount
	Solids	Any Amount
Toxic materials	Gases	See Section F-105.6.1.3
	Liquids	10 gallons
	Solids	100 pounds
Unstable (reactive) materials (Liquids)	Class 4	Any Amount
	Class 3	Any Amount
	Class 2	5 gallons
	Class 1	10 gallons
Unstable (reactive) materials (Solids)	Class 4	Any Amount
	Class 3	Any Amount
	Class 2	50 pounds
	Class 1	100 pounds
Water-reactive materials (Liquids)	Class 3	Any amount
	Class 2	5 gallons
	Class 1	55 gallons
Water-reactive materials (Solids)	Class 3	Any amount
	Class 2	50 pounds
	Class 1	500 pounds

 

For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg.

a.   20 gallons where Table 5003.1.1(1) Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 20 gallons or less.

b.   200 pounds where Table 5003.1.1(1) Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 200 pounds or less.

      F-105.6.1.9 Magnesium. A hazardous materials license is required to melt, cast, heat treat or grind more than 10 pounds (4.54 kg) of magnesium.

      F-105.6.1.10 Pyroxylin plastics. An operational permit is required for storage or handling of more than 25 pounds (11 kg) of cellulose nitrate (pyroxylin) plastics, and for the assembly or manufacture of articles involving pyroxylin plastics.

   F-105.6.2 Family child day care. A license to operate a Family Child Day Care Facility shall be obtained from the Department of Licenses and Inspections. Such license shall include an annual fire safety inspection. No license shall be issued under this Section unless the applicant has secured a Commercial Activity License to the extent required by Title 19 of The Philadelphia Code and the applicant has met the requirements of Section 6-814 of The Philadelphia Code (Lead-Safe Certification for Family Child Day Care Facilities) and the requirements of this code.

   F-105.6.3 High-rise building. A license is required to operate a high-rise building. Such license shall be obtained from the Department of Licenses and Inspections. The fire code official shall inspect high-rise buildings for compliance with this code. The owner, manager or operator of a high-rise building shall pay an annual license fee based on the gross square footage of floor area as set forth in the Philadelphia Administrative Code.

      Exception: Portions of buildings that are subject to the rental license requirements of Section 9-3902 of The Philadelphia Code.

   F-105.6.4 Repair garages and motor fuel-dispensing facilities. A license is required for operation of repair garages and automotive, marine and fleet motor fuel-dispensing facilities. This license shall be inclusive of the storage of hazardous materials (F-105.6.8) 327 and cutting and welding operations (F-105.6.7) such that those additional licenses shall not also be required.

   F-105.6.5 Storage of scrap tires and tire byproducts. A license is required to establish, conduct or maintain storage of scrap tires and tire byproducts that exceed 2,500 cubic feet (71 m 3) of total volume of scrap tires and for indoor storage of tires and tire byproducts. The Tire Dealer License required by Section 9-621 of The Philadelphia Code shall satisfy this requirement.

   F-105.6.6 Waste handling. A license is required for the operation of wrecking and salvage yards, salvage facilities and other waste material-handling facilities. The provisions of this code as well as those of Section 9-613 of The Philadelphia Code shall apply to this license. This license shall be inclusive of the storage of hazardous materials (F-105.6.8) and cutting and welding operations (F-105.6.7) such that those additional licenses shall not also be required.

   F-105.6.7 Cutting and welding. A license is required to conduct cutting or welding operations.

      Exception: Cutting and welding performed as part of a permitted construction activity.

   F-105.6.8 Extremely hazardous substances. A license is required for quantities of extremely hazardous substances regulated by Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA Title III - also known as the Emergency Planning and Community Right-to-Know Act) as listed in the United States Environmental Protection Agency's List of Lists. Such license is administered through the Office of Emergency Management.

F-105.7 Required operational permits. The Department of Licenses and Inspections is authorized to issue the required operational permits for the operations set forth in Sections F-105.7.1 through F-105.7.3.

   F-105.7.1 Explosives. An operational permit is required for the handling or use of any quantity of explosive, explosive material, fireworks, or pyrotechnic special effects within the scope of Chapter 56. For the display of fireworks an Assisted Operation Permit shall be required in accordance with Section F-105.8.

      Exception: Consumer fireworks, 1.4G (Class C, Common), as regulated by the Pennsylvania Department of Agriculture pursuant to Act 43 of 2017, amending the Tax Reform Code of 1971 (72 P.S. §§ 9401 - 9416).

   F-105.7.2 Temporary tents. An operational permit is required to operate a temporary tent having an area in excess of 400 square feet (37 m 2).

      Exceptions:

         1.   Tents used exclusively for recreational camping purposes.

         2.   Funeral tents and curtains, or extensions attached thereto, when used for funeral services.

         3.   Tents open on all sides which comply with all of the following:

            3.1.   Individual tents shall have a maximum size of 700 square feet (65 m2).

            3.2.   The aggregate area of multiple tents placed side by side without a fire break clearance of not less than 12 feet (3658 mm) shall not exceed 700 square feet (65 m2) total.

            3.3.   A minimum clearance of 12 feet (3658 mm) to structures and other tents shall be provided.

   F-105.7.3 Open burning. An operational permit as required by Sections 307.2 and 308.2, in the form of written approval from the fire code official, is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be adhered to.

      Exception: Recreational fires.

F-105.8 Required Assisted Operation Permits. The fire code official is authorized to issue assisted operations permits for activities as set forth in Sections F-105.8.1 through F-105.8.2.

   F-105.8.1 Pyrotechnic special effects material. An Assisted Operation Permit is required for use and handling of pyrotechnic special effects material.

   F-105.8.2 Fireworks display. An Assisted Operation Permit is required for each event of indoor and outdoor use of fireworks. Where a single show has a series of performance dates in a theater, sports arena or similar venue, such series of dates shall be considered one event for the purposes of this permit, provided there is no change from the approved fireworks or pyrotechnic displays.

      F-105.8.2.1 Bond required. Pursuant to Act 43 of 2017, amending the Tax Reform Code of 1971 (72 P.S. §§ 9401 - 9416), a bond shall be submitted by the applicant in a sum not less than fifty thousand dollars ($50,000) conditioned for the payment of all damages which may be caused to a person or property by reason of the display and arising from an act of the permit holder or an agent, an employee or a subcontractor of the permit holder.

      F-105.8.2.2 Extensions. Pursuant to Act 43 of 2017, amending the Tax Reform Code of 1971 (72 P.S. §§ 9401 - 9416), if, because of unfavorable weather, the display for which a permit has been granted does not occur at the time authorized by the permit, the person to whom the permit was issued may within 24 hours apply for an extension to the fire code official. Upon receiving the request for extension, the fire code official shall determine the validity of the request and, where approved, shall extend the provisions of the permit to the date designated within the request, which shall be not later than one week after the date originally designated in the permit. The extension of time shall be granted without the payment of an additional fee and without requiring a bond other than the bond given for the original permit, the provisions of which shall extend to and cover all damages which may be caused by reason of the display occurring at the extended date and in the same manner and to the same extent as if the display had occurred at the date originally designated in the permit.

F-105.9 Required construction permits. The Department of Licenses and Inspections is authorized to issue construction permits pursuant to Chapter 3 of the Administrative Code for work as set forth in Sections F-105.9.1 through F-105.9.14. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.

   Exception: Pursuant to the Pennsylvania Propane and Liquefied Petroleum Gas Act (35 P. S. § 1329.16), a construction permit is not required from the City of Philadelphia for installation of or modification to an LP-gas system. Such installations are regulated by the Pennsylvania Department of Labor and Industry

   F-105.9.1 Automatic fire-extinguishing systems. A construction permit is required for installation of or modification to an automatic fire-extinguishing system.

   F-105.9.2 Emergency responder radio coverage system. A construction permit is required for installation of or modification to emergency responder radio coverage systems and related equipment. Approval of the Fire Department is required before a construction permit may be issued. Maintenance performed in accordance with this code is not considered to be a modification and does not require a construction permit.

   F-105.9.3 Fire alarm and detection systems and related equipment. A construction permit is required for installation of or modification to fire alarm and detection systems and related equipment.

   F-105.9.4 Fire pumps and related equipment. A construction permit is required for installation of or modification to fire pumps and related fuel tanks, jockey pumps, controllers and generators.

   F-105.9.5 Flammable and combustible liquids. A construction permit is required:

      1.   To install, repair or modify a pipeline for the transportation of flammable or combustible liquids.

      2.   To install, construct or alter equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.

      3.   To install, alter, remove, abandon or otherwise dispose of a flammable or combustible liquid tank.

   F-105.9.6 Gates and barricades across fire apparatus access roads. A construction permit is required for the installation of or modification to a gate or barricade across a fire apparatus access road.

   F-105.9.7 High-piled combustible storage. A construction permit is required for the installation of or modification to structure exceeding 500 square feet (46 m 2), including aisles, for high-piled combustible storage.

   F-105.9.8 Industrial ovens. A construction permit is required for installation of industrial ovens covered by Chapter 30.

   F-105.9.9 Outdoor assembly event. The Department of Licenses and Inspections is authorized to require a permit to conduct an outdoor assembly event where planned attendance exceeds 1,000 persons.

   F-105.9.10 Private fire hydrants. A construction permit is required for the installation or modification of private fire hydrants.

   F-105.9.11 Smoke control or smoke exhaust systems. A construction permit is required for installation of or alteration to smoke control or smoke exhaust systems.

   F-105.9.12 Solar photovoltaic power systems. A construction permit is required to install or modify solar photovoltaic power systems.

   F-105.9.13 Special event structure. The Department of Licenses and Inspections is authorized to require a permit to erect and take down a temporary special event structure pursuant to Section A-302.11 of the Administrative Code.

   F-105.9.14 Spraying or dipping. A construction permit is required to install or modify a spray room, dip tank or booth.

   F-105.9.15 Standpipe systems. A construction permit is required for the installation, modification or removal from service of a standpipe system.

   F-105.9.16 Temporary membrane structures. A construction permit is required to erect an air-supported temporary membrane structure in excess of 400 square feet (37 m 2).

 

Notes

327	Enrolled bill cited F-105.6.9; citation corrected by Code editor.