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PM-313.1 General: All owners and operators of private parking lots shall comply with the requirements of this Section PM-313, the Zoning Code, and the Philadelphia Building Code.
1. a wall which is not less than 2 feet in height;
2. metal or masonry posts 4 to 6 inches in diameter placed not more than 5 feet apart nor less than 30 inches in height and connected by metal pipes, rods, fencing or chains; or
3. concrete curbing, at least six inches high by four inches wide, permanently located so that any parked vehicle does not encroach on a footway, adjacent property, or into an area where parking is not permitted.
1. on private parking lots which are used to store or park commercial vehicles; and
2. on private parking lots with a parking area of 2,500 square feet or more.
1. use or permit the use of any part of any street or sidewalk for the parking or storing of motor vehicles in connection with the operation of a motor vehicle repair or sales businesses.
2. cause or permit the shoveling, plowing or otherwise moving of snow from the private parking lot onto any street or sidewalk.
PM-314.0 General. In order to confirm and maintain the structural integrity of their structures, the owners of piers, bulkheads, wharves, docks, and other structures that have structural elements partly or totally below water along the shorelines of the Delaware River, Schuylkill River, or estuaries shall inspect and submit a structural assessment report to the code official on a triennial basis with the first report due no later than January 1, 2003. Subsequent reports will be due every three years thereafter. The structural assessment report shall be subject to the provisions of Sections PM-314.1 through PM-314.7. 438
Exceptions:
1. The reporting requirement shall not apply to pipelines, bridges, dams, utility towers, tram towers, and water and wastewater discharge and intake structures.
2. The reporting requirement shall not apply to vacant piers and other waterfront structures provided:
2.1 A barrier to human occupancy is maintained at all points of access from the on-shore side of the pier or other waterfront structure.
2.2 The owner files an "Affidavit of Vacant Pier" with the code official.
2.3 The owner maintains a vacant property license.
2.4 The pier or other waterfront structure is posted on all sides, in a visible and conspicuous manner, with "Danger - No Trespassing" signs.
3. The reporting requirement shall not apply to bulkheads in Fairmount Park. 439
4. The reporting requirements shall not apply to bulkheads along public rights-of-way regulated by other entities. 440
1. Project engineer: A professional engineer registered in the Commonwealth of Pennsylvania shall be designated as the project engineer and shall prepare the structural assessment report. The project engineer shall have at least five years' experience in the field of marine structure construction and design techniques with specific verifiable knowledge of relieving platforms, high water structures, and cellular structure.
2. Team leader: All underwater inspections shall be led by and under the direction of a team leader who shall be a professional engineer registered in the Commonwealth of Pennsylvania. The team leader shall have at least three years' experience in the field of marine structure construction and design techniques. The team leader shall also be a qualified diver or shall use a video monitor to assess and record the divers' inspections.
3. Divers: Underwater inspections shall be performed by divers who are graduates of a commercial diving school. Divers shall have completed at least 80 hours of instruction specifically related to structural inspections or shall have at least six months verifiable wharf builder experience in the Delaware bay, river, or estuary.
1. Routine inspections: Routine inspections shall be performed and a structural assessment report prepared at least once every three years as set forth in Section PM-314.0. The inspections shall include:
1.1 Topside inspections: Topside inspection of the above-water portions of the pier or other waterfront structure.
1.2 Underwater inspections: Underwater inspection by personnel qualified to perform such inspections, of those portions of the pier or other waterfront structure that cannot be inspected above water.
2. Post-event inspection: A post-event inspection shall be performed, and a structural assessment report submitted, following a damage-causing event such as impact by vessel, major flood, ice flow, or similar event.
PM-314.2.1. Previous inspections: Prior to performing a routine or post-event inspection of a pier or waterfront structure, the Project Engineer shall review previous reports, inspections, and evidence of repairs made in the past three (3) year period, including confirmation that all areas previously determined to require remediation in less than three (3) years (as noted in any previous report) have been addressed. The results shall be included in the structural assessment report. 441
PM-314.3 Structural assessment rating: 5 A rating system conforming to the following criteria shall be used in the structural assessment report to describe the overall condition of the pier or other waterfront structure:
1. Safe - No visible damage or only minor to moderate defects or deterioration observed, but no overstressing observed. Structural elements may show very minor deterioration, but no overstressing observed. No repairs are required.
2. Safe with a Repair and Maintenance Program - All primary structural elements are sound but minor to moderate defects or deterioration observed. Areas of moderate to advanced deterioration may be present but do not significantly reduce the load-bearing capacity of the structure. Repairs are recommended and may need to be carried out with moderate urgency.
3. Unsafe - Advanced deterioration, overstressing, or breakage may have significantly affected the load- bearing capacity of primary structural components. Local failures are possible and loading restrictions may be necessary. Repairs may need to be carried out on a high-priority basis. The structure, or a portion thereof, must be posted with maximum permitted live load certificate(s) and the use restricted or portions barricaded until repairs are completed. Where widespread failure is possible, all occupancy must cease immediately and the structure barricaded and posted. The pier or other waterfront structure, or a portion thereof, must remain closed until repairs are completed and the structure deemed Safe.
1. Introduction - The introduction to the report shall include:
1.1 Description of the facility including use (function) and loading conditions.
1.2 Scope of work including any limitations affecting inspections dictated by the owner or site conditions.
1.3 Description of the inspection including equipment, test methods date, time, weather, stage of tide, and the names and qualifications of the survey party.
2. Existing conditions - The existing conditions section of the report shall include the following. Data and results shall be documented by drawings/sketches and pictures and shall be reported in a factual manner without comment or analysis.
2.1 Results of topside and underwater inspections.
2.2 Special testing accomplished in the field.
2.3 Results of laboratory testing.
4. Recommendations - The report shall contain:
4.1 Recommendations for repairs or replacement including any temporary measures that must be taken before completion of the repairs. 444
4.2 Restrictions of use, and required posting(s) of live load certificate(s).
PM-314.4.1 Summary report. 445 The Project Engineer shall also submit a summary of the written report to the code official in a form determined by the code official. The code official may by regulation impose a processing fee, not to exceed one hundred dollars ($100), that must be paid upon submission of the summary of the written report.
PM-314.4.2 Submission period. 446 Structural assessment reports and summary reports shall be submitted to the code official within sixty days of physical inspection.
1. Upon discovery of any Unsafe condition, the Project Engineer shall immediately notify the owner of the pier or other waterfront structure by electronic mail or by fax; and shall, within 12 hours of discovery, notify the code official in writing in an electronic format determined by the code official.
2. Within twenty-four (24) hours of being notified of an Unsafe condition by a Project Engineer, the owner of a pier or other waterfront structure shall take any actions necessary as recommended by the Project Engineer to protect public safety, such as posting, restricting occupancy or closing the structure.
3. The owner shall designate a professional engineer to develop a remediation plan, detailing the extent of the required repairs and temporary measures to ensure public safety. The engineer shall provide periodic structural observations prior to the remediation work and throughout the repair process as required by the Building Code and shall inform the Department if oversight responsibilities are terminated by the owner.
4. Within ten (10) days of the issuance of a building permit to repair an Unsafe condition, the owner of a pier or other waterfront structure shall commence work to correct the condition and work shall continue without interruption until the Unsafe condition has been corrected.
5. Upon completion of the repairs, the designated professional engineer shall reinspect the structure and submit a sealed statement to the Department that the structure has been made Safe.
1. Post Maximum Permitted Live Load Certification - Live load certification signs, approved by the code official, shall be conspicuously posted.
2. Barriers - Install barriers and post approved signage to prevent access to specific areas identified by the Project Engineer.
3. Restrict Occupancy - Immediately cease operation of any pier or other waterfront structure, or portion thereof, determined by the Project Engineer to be in unsafe condition. Post "Danger - No Trespassing" signs on all sides including the on-shore and out-shore sides. Install a barrier to prevent access to the pier or other waterfront structure, or portion thereof, from all points of access.
PM-314.6 Conditions That Are Safe with a Repair and Maintenance Program: 448 The owner of the pier or waterfront structure is responsible for ensuring that the conditions described in the report as Safe with a Repair and Maintenance Program are repaired and the actions identified by the Project Engineer are completed within the time frame designated by the Project Engineer or by such time necessary to prevent a condition from becoming an Unsafe condition, whichever is sooner.
PM-314.7 Appeals: 449 The owner of the pier or other waterfront structure may appeal the findings set forth in the Project Engineer's report to the Board of Building Standards. Such appeal must be filed within thirty (30) days of the receipt or filing of the report, and a second Project Engineer's report shall be submitted within thirty (30) days of filing the appeal. The filing and pendency of such an appeal shall stay the requirement for making repairs as set forth in Section PM-314.5, but not the requirement for taking actions necessary to protect public safety as set forth in Section PM-314.5.1.
1. Upon consideration of any such appeal, the Board shall issue a recommendation to the Commissioner either to grant the appeal; deny the appeal; or grant the appeal with such proposed modifications to the Project Engineer's findings as the Board deems consistent with the intent of this Section. The Commissioner thereafter shall make the final determination on the appeal.
2. The owner of the pier or other waterfront structure may appeal the determination of the Commissioner to the Board of License and Inspection Review, pursuant to the procedures set forth in Section A-803.1 of The Administrative Code.
Notes
| 438 | Amended, Bill No. 180746 (approved January 3, 2019). |
| 439 | Added, Bill No. 180746 (approved January 3, 2019). |
| 440 | Added, Bill No. 180746 (approved January 3, 2019). |
| 441 | Added, Bill No. 180746 (approved January 3, 2019). |
| 5 | Amended, Bill No. 180746 (approved January 3, 2019). |
| 443 | Amended, Bill No. 180746 (approved January 3, 2019). |
| 444 | Amended, Bill No. 180746 (approved January 3, 2019). |
| 445 | Added, Bill No. 180746 (approved January 3, 2019). |
| 446 | Added, Bill No. 180746 (approved January 3, 2019). |
| 447 | Amended, Bill No. 180746 (approved January 3, 2019). |
| 448 | Amended, Bill No. 180746 (approved January 3, 2019). |
| 449 | Added, Bill No. 180746 (approved January 3, 2019). |
1. Affected Buildings. All buildings six or more stories in height; all buildings with any appurtenance in excess of 60 feet in height; and any building located in the following areas, other than one- or two-family dwellings, greater than two stories.
2. Professional. A Commonwealth of Pennsylvania licensed Professional Engineer experienced in the practice of structural engineering or a licensed Registered Architect knowledgeable in the design, construction, and inspection of building facades.
3. Safe. A condition of a building wall or any appurtenance thereto that is neither an Unsafe condition nor Safe with a Repair and Maintenance Program.
4. Safe with a Repair and Maintenance Program. A condition of a building's exterior wall or any appurtenance thereto or any part thereof that the Professional does not consider Unsafe at the time of inspection, but requires repairs or maintenance within a time period designated by the Professional in order to prevent its deterioration into an Unsafe condition.
5. Unsafe condition. A condition of a building's exterior wall or any appurtenance thereto or part thereof that is dangerous to persons or property and requires prompt remedial action.
1. The owner of each Affected Building shall be responsible for retaining a Professional to conduct periodic inspections of exterior walls and any appurtenances thereto, except for those parts of any exterior wall which are less than twelve inches from the exterior wall of an adjacent building, and to prepare and file a report on such inspection as required by this Section.
2. For Affected Buildings, the first inspection required by this Section shall be conducted as shown in the following schedule:
Construction Date | Report to be completed no later than: |
Prior to and including 1950 | June 30, 2011 |
1951 - 1970 | June 30, 2012 |
1971 - 1980 | June 30, 2013 |
1981 - 1990 | June 30, 2014 |
1991 - 2005 | June 30, 2015 |
If the date of construction cannot be determined by the owner, the first inspection must be performed by June 30, 2011. For all other buildings, the first inspection shall be conducted, and required report shall be filed, within ten years after the certificate of occupancy was issued.
3. Following the Initial Inspection, an Affected Building shall be re-inspected, and the required report shall be filed, on a five-year cycle based on the original schedule.
4. If all facades of an Affected Building have been substantially restored during the five years immediately preceding the date of any required inspection, the owner may apply to the code official for a waiver of the required inspection. The owner shall submit with such application such information as the code official determines is necessary to enable it to evaluate the request. The code official shall grant the waiver if it determines that the recent facade restoration obviates the need for an inspection until the next inspection cycle.
1. Before inspecting an Affected Building, the retained Professional shall review previous reports, inspections, and evidence of repairs made in the past 5 year period, including confirmation that all areas previously determined to require remediation in less than 5 years (as noted in any previous report) have been addressed.
2. The inspection shall be conducted by or under the supervision of the Professional, and performed to the best of his/her knowledge and belief. The Professional shall determine the extent of the inspection required, based upon the known history of the building, the nature of the materials used, and the conditions observed. The Professional shall determine methods employed in the inspection, but need not be physically present at the location where the inspection is made.
3. The methods used to inspect a building shall permit a physical, hands-on inspection of the building. The Professional may use other methods of inspection as deemed appropriate, except that a physical inspection from a scaffold or other observation platform is required for a representative sample of the exterior wall. The Professional shall determine what constitutes a representative sample.
4. The Professional shall employ the appropriate professional standard of care to detect distressed conditions such as delaminating, separating, splitting or fracturing of material or components as well as movement or displacement indicative of unsound facade materials or loss of structural support. If a distressed condition is identified, the Professional shall order any other inspections and/or tests that may be required to determine the significance and probable cause of the observed distress.
5. During the course of the inspection, photographs shall be taken and/or sketches made to properly document the location of all conditions observed that are either Unsafe or Safe with a Repair and Maintenance Program.
6. Upon discovery of any Unsafe condition the Professional shall immediately notify the owner of the building by electronic mail or by fax; and shall, within 12 hours of discovery, notify the code official in writing and in an electronic format determined by the code official.
1. The Professional shall submit to the owner of the building a written report as to the result of each inspection, certifying that the inspection was performed and completed in accordance with this Code, and detailing all conditions not classified as Safe. The Professional shall also submit a summary of the written report to the code official in a form determined by the code official. The code official may by regulation impose a processing fee, not to exceed one hundred dollars ($100), that must be paid upon submission of the summary of the written report. If the report identifies an Unsafe condition, then the Professional, within 24 hours of completion of the report, shall file the full report with the code official in writing and in an electronic format determined by the code official. The owner or its agent shall retain all written reports submitted pursuant to this Section and keep them readily available for inspection by the code official.
2. The report shall include, on the front page, the name and license number of the Professional and shall be signed, sealed and dated by the Professional in accordance with the professional registration laws of the Commonwealth of Pennsylvania, and shall include:
2.1 The address and the location from the nearest intersection.
2.2 The name, mailing address, and telephone number of the owner of the building and of the owner's agent or person in charge, possession or control of the building, if any.
2.3 A description of the building, including number of stories, height, plan dimensions, usage, age and type of exterior wall construction, and system of water management.
2.4 A brief history of any settlements, repairs, revisions to exterior enclosures, if available.
2.5 The date of the start and completion of the inspection, a detailed description of the procedures used in making the inspection, and the extent and location of all physical inspections performed.
2.6 A report of all conditions including but not limited to significant deterioration and movement observed as well as a statement concerning the apparent water-tightness of the exterior surfaces, and the deleterious effect of exterior appurtenances, including exterior fixtures, flagpoles, signs, parapets, copings, guard rails, window frames (including hardware and lights), window guards, window air conditioners, flower boxes, and similar items. The report shall classify each such condition as Safe, Unsafe, or Safe with a Repair and Maintenance Program.
2.7 The probable causes of the reported conditions.
2.8 The status of the exterior maintenance.
2.9 For any conditions listed in the previously filed report (if any), whether such conditions have been repaired and/or maintained as recommended in that report.
2.10 Recommendations for repairs or maintenance, if appropriate, including the recommended time frame for the repairs or maintenance to be performed.
2.11 The classification of the building according to the following scheme:
a. "Unsafe", if there is at least one unsafe condition.
b. "Safe with a Repair and Maintenance Program", if there is a condition that is "Safe with Repair and Maintenance Program" and there are no Unsafe conditions.
c. "Safe", in all cases other than a or b.
2.12 Photographs and/or sketches documenting the locations of any conditions that are either Unsafe or Safe with a Repair and Maintenance Program.
2.13 A statement by the Professional indicating which repairs and/or maintenance require the obtaining of work permits prior to their commencement.
2.14 A statement signed by the owner or agent of the building, acknowledging receipt of a copy of the report and acknowledging all required repairs and/or maintenance (if any) and the recommended time frame for performing such repairs and/or maintenance.
2.15 The Professional's certification that the physical inspection was performed in accordance with applicable rules and regulations and within the appropriate professional standard of care.
2.16 The Professional's seal and signature.
2.17 Such other matters as the code official may by regulation require.
3. The Professional may submit an amended report within thirty (30) days of the initial submission. The amended report shall clearly indicate any change from the initial report and all reasons for such changes.
1. Within twenty-four (24) hours of being notified of an Unsafe condition by a Professional, the owner of a building shall take any actions necessary to protect public safety, such as erecting sidewalk sheds, fences, and/or safety netting. Such actions shall be considered as an effort to remedy an emergency situation and appropriate permit applications shall be submitted within the next three (3) days to the code official.
2. Within ten (10) days of the receipt or filing of a report identifying an Unsafe condition, the owner of a building shall commence work to correct the condition and work shall continue without interruption until the Unsafe condition has been corrected, unless there has been an unforeseen delay (e.g. weather, labor strike). Within two weeks after the Unsafe condition has been corrected, the Professional shall reinspect the building and file with the code official a detailed amended report stating the condition of the building.
1. The owner of the building is responsible for ensuring that the conditions described in the report as "Safe with a Repair and Maintenance Program" are repaired and the actions identified by the Professional are completed within the time frame designated by the Professional or by such time necessary to prevent a condition from becoming an Unsafe condition, whichever is sooner
1. The code official may grant an extension of time of up to ninety (90) days to begin the repairs required to remove an Unsafe condition or to repair a Safe with Repair and Maintenance Program condition, after receipt and review of an initial extension application submitted by the Professional which includes:
1.1 Proof that the premises have been made safe by means of a shed, fence, or other appropriate measures.
1.2 A copy of the contract indicating the scope of work necessary to remedy the Unsafe condition(s).
1.3 The Professional's estimate of the length of time required for repairs, and a notarized affidavit by the owner of the building or its agent that work will be completed within such time.
2. A further extension of time will be considered by the code official only upon receipt and review of a further extension application which details that one of the following is met:
2.1 The work has been substantially completed, but there has been an unforeseen delay (e.g. weather, labor strike).
2.2 Unforeseen circumstances (e.g., fire, building collapse).
2.3 The nature of hazard requires more than 90 days to remove (e.g., new wall to be built).
PM-315.8 Appeals. The owner of the building may appeal the findings set forth in the Professional's initial report or amended report to the Board of Building Standards. Such appeal must be filed within thirty (30) days of the receipt or filing of the report, and must include a second Professional's report. The filing and pendency of such an appeal shall stay the requirement for making repairs as set forth in Section PM-315.5.2, but not the requirement for taking actions necessary to protect public safety as set forth in Section PM-315.5.1. 450
1. Upon consideration of any such appeal, the Board shall issue a recommendation to the code official either to grant the appeal; deny the appeal; or grant the appeal with such proposed modifications to the Professional's findings as the Board deems consistent with the intent of this Section. The code official thereafter shall make the final determination on the appeal.
2. The owner of the building may appeal the determination of the code official to the Board of License and Inspection Review, pursuant to the procedures set forth in Section A-803.2 of The Administrative Code.
Notes
| 450 | Enrolled bill read "PM-305.5.1." |
1. Private Bridge. An elevated structure that crosses over any part of a public right-of-way or publicly- owned pedestrian, bicycle or equestrian trail that typically allows for pedestrian passage between buildings or supports building systems and processing equipment or allows for vehicular access to private property, and often is referred to as a skyway, catwalk, skybridge or skywalk. A private bridge does not include a structure inspected as required by a federal authority such as the Federal Highway Administration or the Federal Railroad Administration.
2. Professional. A Commonwealth of Pennsylvania licensed Professional Engineer experienced in the practice of structural engineering.
3. Safe. A condition of a private bridge or any appurtenance thereto that is neither an Unsafe condition nor Safe with a Repair and Maintenance Program.
4. Safe with a Repair and Maintenance Program. A condition of a private bridge or any appurtenance thereto or any part thereof that the Professional does not consider Unsafe at the time of inspection, but requires repairs or maintenance in order to prevent its deterioration into an Unsafe condition.
5. Unsafe Condition. A condition of a private bridge or any appurtenance thereto or part thereof that is dangerous to persons or property and in need of prompt remedial action.
1. The owner of a private bridge shall be responsible for retaining a Professional to conduct periodic inspections of the structure and any appurtenances thereto, and to prepare and file a report on such inspection as required by this Section.
2. The initial inspection required by this Section shall be conducted, and the required report shall be filed, on or before July 1, 2017. If the construction of the private bridge was completed after July 1, 2007, the first inspection shall be conducted within ten years after the certificate of occupancy was issued or, in such case where the bridge is not connected to a building, construction of the bridge was completed. All reports shall be filed within three months of the inspection that is the subject of the report.
3. Following the initial inspection, and every inspection thereafter, a private bridge shall be re-inspected, and the required report shall be filed within five years of the filing of the report concerning the previous inspection.
4. If a private bridge has been substantially restored during the five years immediately preceding the date of any required inspection report, the owner may submit to the code official a request for a waiver of the required inspection. The owner shall submit with such application such information as the code official determines is necessary to enable evaluation of the request. The code official shall grant the waiver if it determines that the restoration obviates the need for an inspection until a date established by the Code official.
1. Before inspecting a private bridge, the retained Professional shall review previous reports, inspections, and evidence of repairs made in the 5 year period prior to the inspection, including confirmation that all areas previously determined to require remediation in less than 5 years (as noted in any previous report) have been addressed.
2. The inspection shall be conducted by or under the supervision of the Professional. The Professional shall determine the extent of the inspection required, based upon the known history of the private bridge, the nature of the materials used, and the conditions observed. The Professional shall determine the methods employed in the inspection. The Professional need not be physically present at the location where the inspection is made.
3. The methods used to inspect a private bridge shall include a physical, hands-on inspection of the structure, its support systems and any appurtenances attached to the private bridge. The Professional may use other methods of inspection as deemed appropriate.
4. The Professional shall employ the appropriate professional standard of care to detect distressed conditions such as spalling, delaminating, separating, splitting or fracturing of material or components as well as movement or displacement indicative of unsound exterior covering materials or loss of structural support. If a distressed condition is identified, the Professional shall order any other inspections and/or tests that may be required to determine the significance and probable cause of the observed distress.
5. During the course of the inspection, photographs shall be taken and/or sketches made to properly document the location of all conditions observed that are either Unsafe or Safe with a Repair and Maintenance Program.
6. Upon discovery of any Unsafe condition the Professional shall immediately notify the owner of the private bridge by electronic mail or by fax; and shall, within 12 hours of discovery, notify the code official in writing and in an electronic format determined by the code official.
1. The Professional shall submit to the owner of the private bridge a written report as to the result of each inspection. The Professional shall also submit a summary of the written report to the code official in a form determined by the code official. The code official may by regulation impose a processing fee, not to exceed one hundred dollars ($100), that must be paid upon submission of the summary of the written report. If the report identifies an Unsafe condition, then the Professional, within 24 hours of completion of the report, shall file the full report with the code official in writing and in an electronic format determined by the code official. The owner or owner's agent shall retain all written reports submitted pursuant to this Section and keep them readily available for inspection by the code official.
2. The report shall include, on the front page, the name and license number of the Professional and the date of the report, and shall include the following:
2.1 The addresses of any buildings connected to the private bridge and the public right-of-way or trail spanned by the private bridge.
2.2 The name, mailing address, and telephone number of the owner of the private bridge and of the owner's agent or person in charge, possession or control of the private bridge, if any.
2.3 A description of the private bridge, including number of stories, clearance above the public way, plan dimensions, usage, age and type of exterior wall construction, and system of water management.
2.4 A brief history of any known changes, repairs or revisions to the private bridge.
2.5 The date of the start and completion of the inspection, a detailed description of the procedures used in making the inspection, and the extent and location of all physical inspections performed.
2.6 A report of all conditions, including, but not limited to, significant deterioration, and movement, the apparent watertightness of the exterior surfaces and any deleterious impact or condition of exterior appurtenances, including exterior fixtures, signs, copings, window frames, hardware, lights and similar items. The report shall classify each such condition as Safe, Unsafe, or Safe with a Repair and Maintenance Program.
2.7 The probable causes of the reported conditions.
2.8 The status of ongoing maintenance efforts.
2.9 For any conditions listed in any previously filed report, whether such conditions have been repaired and/or maintained as recommended in that report.
2.10 Recommendations for repairs or maintenance, if appropriate, including the recommended time frame for the repairs or maintenance to be performed.
2.11 The classification of the private bridge overall according to the following scheme:
a. "Unsafe", if there is at least one unsafe condition.
b. "Safe with a Repair and Maintenance Program", if there is a condition that is "Safe with Repair and Maintenance Program" and there are no Unsafe conditions.
c. "Safe", in all cases other than a or b.
2.12 Photographs and/or sketches documenting the locations of any conditions that are either Unsafe or Safe with a Repair and Maintenance Program.
2.13 A statement by the Professional indicating which repairs and/or maintenance require work permits prior to their commencement.
2.14 A statement signed by the owner or agent of the private bridge, acknowledging receipt of a copy of the report and acknowledging any required repairs and/or maintenance and the recommended time frame for performing such repairs and/or maintenance.
2.15 The Professional's certification that, to the best of his or her knowledge and belief, the physical inspection was performed in accordance with applicable rules and regulations, including the provisions of this Section, and within the appropriate professional standard of care.
2.16 The Professional's seal and signature in accordance with the professional registration laws of the Commonwealth of Pennsylvania.
2.17 Such other matters as the code official may require by regulation.
3. The Professional may submit an amended report. The amended report shall clearly identify any change from the initial report and all reasons for such changes.
1. Within twenty-four (24) hours of being notified of an Unsafe condition by a Professional, the owner of a private bridge shall take any actions necessary to protect public safety, such as closing the private bridge and erecting sidewalk sheds, fences, and/or safety netting. Such actions shall be considered part of an effort to remedy an emergency situation and applications for any required permit shall be filed with the code official within three (3) days of notification.
2. Within ten (10) days of the receipt of a report identifying an Unsafe condition, the owner of a private bridge shall commence work to correct the condition and work shall continue without interruption until the Unsafe condition has been corrected. Within two weeks after the Unsafe condition has been corrected, the Professional shall reinspect the private bridge and file with the code official a detailed amended report concerning the condition of the private bridge.
The owner of the private bridge is responsible for ensuring that the conditions described in the report as "Safe with a Repair and Maintenance Program" are repaired and the actions identified by the Professional are completed within the time frame designated by the Professional or by such time necessary to prevent a condition from becoming an Unsafe condition, whichever is sooner.
1. Upon application of the owner, the code official may grant an extension of time of up to ninety (90) days to begin the repairs required to remove an Unsafe condition or to repair a Safe with Repair and Maintenance Program condition, provided such application includes:
1.1 Proof that the structure has been made safe by means of a shed, fence, netting or other appropriate measures.
1.2 A copy of the contract indicating the scope of work necessary to remedy the condition(s) requiring action.
1.3 The Professional's estimate of the length of time required for repairs and statement of agreement to the need for an extension.
1.4 A notarized certification by the owner of the private bridge or owner's agent that work will be completed within the established time.
2. A further extension of time will be considered by the code official only upon receipt and review of a further extension application which details that one of the following justifications warrants and extension:
2.1 The work has been substantially completed, but there has been an unforeseen delay (e.g. weather, labor strike).
2.2 Unforeseen circumstances (e.g., fire, building collapse).
2.3 The nature of the hazard requires more than 90 days to address (e.g., new private bridge to be built).
1. The owner of the private bridge may appeal the findings set forth in the Professional's initial report or amended report to the Board of Building Standards. Such appeal must be filed within thirty (30) days of the receipt or filing of the report, and must include a second Professional's report. The filing and pendency of such an appeal shall stay the requirement for making repairs as set forth in Section PM-316.5.2, but not the requirement for taking actions necessary to protect public safety as set forth in Section PM-316.5.1.
2. Upon consideration of any such appeal, the Board shall issue a recommendation to the Commissioner either to grant the appeal; deny the appeal; or grant the appeal with such proposed modifications to the Professional's findings as the Board deems consistent with the intent of this Section. The Commissioner thereafter shall make the final determination on the appeal.
3. The owner of the private bridge may appeal the determination of the Commissioner to the Board of License and Inspection Review, pursuant to the procedures set forth in The Administrative Code.
Notes
| 451 | Added, Bill No. 160202 (approved April 26, 2016), effective January 1, 2017. |