(1) Industrial Establishments.
(a) All industrial establishments shall be conducted, operated and maintained in accordance with the Health Code and such regulations as the Board may prescribe to protect the health and life of all persons within or about such establishments from health hazards. Such regulations shall be based upon recognized public health standards and may include, but shall not be limited to, reasonable requirements to control and insure:
(.1) sufficient illumination for the work being performed.
(.2) sufficient and adequate ventilation, circulation, and conditioning of air to prevent or eliminate health hazards resulting from dust, fumes, gases, material particles or other concentrations of atmospheric contaminants or toxic substances.
(.3) prevention of harmful combinations of heat and humidity.
(.4) sufficient and adequate housekeeping and sanitation or service facilities to prevent health hazards.
(.5) prevention of the use of manufacturing processes, materials, equipment or supplies which have been demonstrated to be potential health hazards unless adequate protective devices are established and used.
(.6) prevention of employment of persons in specifically described hazardous industries without adequate pre-employment and subsequent health examinations by a physician or osteopath and without adequate study of the causes and means of preventing the specific occupational health hazards or diseases described for the industries involved.
(.7) the control of arthropods and rodents.
(2) Radiation.
(a) No person shall operate, use or maintain in a condition ready for immediate use any machine, equipment or supplies emitting ionizing radiations or radioactive particles, including x-ray machines, static eliminators, and radio isotopic machines, other than in accordance with such regulations as the Board may prescribe to protect the public health from any toxic effect of ionizing radiation or radioactive particles and to prevent harmful exposure to such radiations or radioactive particles. 58
(b) [Reserved.] 59
(a) The City of Philadelphia shall provide hearing protection that must be used by all Fire Department members operating or riding on fire apparatus and subject to noise in excess of 85 dBA.
(b) The City of Philadelphia shall provide hearing protection that must be used by all Fire Department members when exposed to noise in excess of 85 dBA that is caused by power tools or equipment, other than in situations where the use of such protective equipment would create an additional hazard to the user.
(c) Hearing protective equipment provided pursuant to this Section shall be limited to ear muffs that provide effective sound attenuation and rapid donning, and that are equipped with built-in speakers and volume controls to enable radio and intercom communications.
(d) The Fire Department shall engage in a hearing conservation program to identify and reduce or eliminate potentially harmful sources of noise in the work environment.
Notes
| 58 | Amended, 1957 Ordinances, p. 440. |
| 59 | Amended, 1957 Ordinances, p. 440; deleted, Bill No. 170799 (approved January 3, 2018). |
| 60 | Added, Bill No. 070275-A (became law November 15, 2007). |
(a) No person shall sell, use, or otherwise dispose of any toxic insecticides, rodenticides, and pesticides except in accordance with such regulations as the Board may prescribe to prevent injury or health hazard to the user or the public.
(a) Every barber shop, beauty shop, beauty school, barber school or barber college where hair is cut, cleaned or treated for any fee, charge, or hire shall be maintained in a clean and sanitary condition at all times, and no article, except tools and instruments and the temporary cover placed over clothing, shall be used on more than one person. All tools and instruments shall be cleaned, disinfected, sterilized or treated in such manner as the Board may by regulation prescribe to prevent the spread of communicable disease.
(b) No person shall cut, clean or treat hair for compensation, directly or indirectly, in any place other than a state licensed barber or beauty shop except that any barber or beauty operator registered with the Commonwealth of Pennsylvania may cut, clean or treat hair for persons in their private residences or in institutions in cases of sickness, incapacitation, confinement and other emergencies.
(c) No student barber or student beauty shop operator shall practice or be permitted to practice his intended trade upon any person except by way of clinical work on a person willing to submit to such practice after being properly informed that the operator is a student.
(d) No person shall knowingly render any service to any person suffering from any infectious or communicable disease except in accordance with subsection 6-402(3)(b).
(4) Institutions and Schools.
(a) Any person who conducts, operates, or maintains any institution or school, except an institution or school owned or operated by the City, the Commonwealth of Pennsylvania, or the United States shall annually register such fact with the Department.
(b) All institutions and schools shall be conducted, operated and maintained in accordance with this Title and such regulations as the Board may prescribe to protect the health and life of patients and persons therein. Such regulations may include, but shall not be limited to, reasonable requirements to insure or require:
(.1) the control of the spread of communicable disease;
(.2) the effective treatment of disease;
(.3) that care rendered and facilities available for such care are conducive to the health and life of all patients and the unborn;
(.4) sufficient illumination for the care being given or the work being performed;
(.5) sufficient and adequate ventilation, circulation, and conditioning of air to prevent or eliminate health hazards resulting from gases, fumes, dust, material particles, or other concentrations of atmospheric contaminants or harmful substances;
(.6) prevention of harmful combinations of heat and humidity;
(.7) sufficient and adequate housekeeping and sanitation or service facilities to prevent health hazards;
(.8) prevention of the use of materials, equipment or supplies which create health hazards unless effectively regulated or unless adequate protective devices are established and used;
(.9) the control of arthropods and rodents.
(5) Swimming Places.
(a) All swimming places shall be constructed, operated and maintained in such manner as the Board may by regulation prescribe to prevent contamination and the spread of disease and any other actual or potential danger to the public health.
(b) The Department may order the examination or laboratory analysis of such swimming place to determine whether or not such swimming place is contaminated, or constructed, operated or maintained in violation of subsection 6-402(5)(a).
(c) If such inspection or laboratory analysis establishes that such swimming place is in fact contaminated, constructed, or operated, or maintained in such manner and such degree that it is hazardous to health if used for any aquatic activity, the Department may order that it be closed to any such aquatic activity until such measures as the Department may prescribe to remove such contamination have been effected.
(6) Laundries.
(a) No person shall conduct, operate or maintain any laundry except in accordance with such regulations as the Board may prescribe to prevent the spread of communicable disease by controlling the quantity and temperature of hot water used in such laundries and the manner and frequency of the cleaning of such laundries.
(7) Water and Ice.
(a) No person shall use any water for human consumption, the preparation of food, or for ablutionary purposes with respect to humans, food or food service equipment or utensils except such water as shall come from a public water supply system, approved by the Pennsylvania Department of Health; or which meets such standards as the regulations of the Board may prescribe with regard to the materials, supplies, and methods of treating water supplies, the chemical, physical, bacteriological content or quality of the water, or the design, installation, operation and maintenance of such water supply systems.
(b) The freezing of water and the handling thereafter shall be performed in accordance with such regulations as the Board may prescribe to prevent contamination of ice to be used as an ingredient for food or as a refrigerant in direct contact with food.
(8) Noxious Plants.
(a) Whenever the Department finds any noxious plants such as ragweed or poison ivy growing on any uncultivated area to the extent that they are or may become a menace to public health, the Department may order the owner or person in charge thereof to correct or remove such condition.
(9) Nuisances.
(a) When the Department finds that any continuing violation of the Health Code, the regulations thereunder, or any other continuing health hazard, so injuriously or adversely affects the health of the residents of the City or any portion thereof as to constitute a public nuisance, it may order any person responsible therefor, or any person who causes or contributes to the creation and maintenance thereof to correct and remove such nuisance at his own expense.
(10) Public Places.
(a) The construction, operation, and use of sanitary equipment and supplies and facilities in places of public assembly, including toilet, washing and drinking facilities, shall be in accordance with such regulations as the Board may prescribe to control the environmental sanitation or to prevent the spread of communicable disease.
(a) No tattooing, body piercing or body art establishment shall provide services to a minor without parental consent.
(b) The construction, operation, and use of equipment, supplies and facilities in tattooing, body piercing and body art establishments shall be in accordance with such regulations as the Board may prescribe for the purpose of preventing injury and the spread of communicable disease. Such regulations may address, without limitation, the qualifications, health, cleanliness and personal hygiene of operators; prohibitions against the provision of services to medically compromised individuals; and the maintenance of records.
Notes
| 61 | Amended, 1955 Ordinances, p. 1164; amended, 1961 Ordinances, p. 945; amended, 1973 Ordinances, p. 902; amended by deleting provisions regarding Rendering Plants, Bill No. 970238 (approved June 25, 1997). |
| 62 | |
| 63 | |
| 64 | Added, Bill No. 000063 (approved March 28, 2001). |
(1) Definition.
(a) Lead Based Coating. Any paint, lacquer or other applied liquid surface coating, and putty or caulking or other sealing compound which contains a quantity of lead in excess of that amount allowed by Federal Law or Regulation pertaining to lead based paint.
(b) Containing Lead. Having a content that includes lead or lead compound in excess of the limits set forth in the Consumer Product Safety Improvement Act of 2008, P.L. 110-314, § 101 (codified at 12 U.S.C. § 1278a (a)(2)), unless the Board of Health determines that the amount of lead in the content of a specific product or type of product does not constitute "Containing Lead" for purposes of this Section. 66
(2) Prohibited Conduct.
(a) No person shall apply or cause to be applied any lead based coating to toys, furniture, food utensils, jewelry, household products or the interior or exterior surfaces, fixtures or appurtenances of any dwelling, rooming house, dwelling unit, rooming unit, institution or similar type facility, except at those locations permitted by Federal Law or Regulation. 67
(b) No person shall sell, transfer or deliver toys, furniture, food utensils, jewelry, or household products containing lead, or to which lead based coating has been applied. 68
(c) No person shall store, sell, or transfer for retail purposes any lead based coating, except where permitted by Federal Law or Regulations. Any lead based coating stored, sold or transferred in violation of this provision shall be disposed of in accordance with regulations adopted by the Board of Health.
(d) No person shall permit lead based coating to remain on any toy, furniture, food utensil, jewelry, household product or the exterior or interior surfaces, fixtures or appurtenances of any dwelling, rooming house, dwelling unit, rooming unit, institution or similar type facility where the surface may be readily accessible to children under the age of six years and where the Department determines that the presence of lead based coating creates a health hazard to children under the age of six. 69
(e) No person shall permit any toy, furniture, food utensil, jewelry, household product or exterior or interior surfaces, fixtures or appurtenances containing lead to remain in or on any dwelling, rooming house, dwelling unit, rooming unit, institution or similar type facility where the object or material may be readily accessible to children under the age of six years. 70
(3) Labeling.
(a) Containers in which lead based coating is stored, sold or transferred for retail purposes, as permitted by Federal Law or Regulation, shall be labeled in accordance with regulations adopted by the Department.
(a) The Department of Public Health, upon application by any owner or person in control of a premises, or upon receipt of a credible report that a child living at the premises has a blood lead level of greater than 10 micrograms per deciliter, or such lower level as shall be established by the Board of Health as cause for significant concern, shall test or cause to be tested said premises to determine the presence of lead based coating. The Department shall make such additional determinations as to enable the Department to issue a certificate that the premises is or is not in compliance with this Section of The Philadelphia Code. 72
(.1) The fee for aforesaid examination and certificate shall be three hundred thirty dollars ($330), or such higher amount as is set forth in the contract between the City and the United States Department of Housing and Urban Development (HUD) for inspection of residential properties owned by HUD. 73
(b) Where analysis, through the use of instrumentation approved by the Department or made in a laboratory, reveals the presence of lead based coating on any toy, furniture, food utensil, household product or on any interior or exterior surface, fixture or appurtenance in violation of subsection 6-403(2)(d), the Department shall issue an order to the owner, his agent or occupant to eliminate the health hazard in accordance with methods prescribed by regulations issued by the Department.
(.1) Abatement of Violations.
(.a) If the person upon whom the order is served does not comply with the order of the Department to correct the condition creating the health hazard within the prescribed time period the Department may, itself or by contract, correct the condition by eliminating the hazard, charge the costs thereof to the owner, and, with the approval of the Law Department, collect the costs by lien or otherwise.
(a) When the Department issues an order to the owner or to a representative of the owner of a residential housing unit to eliminate lead-based paint hazards, the owner or a representative of the owner is prohibited thereafter from:
(.1) Evicting or attempting to evict the tenant from the residential housing unit through judicial process, self-help or any other means;
(.2) Coercing or attempting to coerce the tenant into abandoning the residential housing unit;
(.3) Otherwise changing or attempting to change the lease terms;
(.4) Re-renting the residential housing unit to a subsequent tenant or tenants, until such time as the lead-based paint hazard has been eliminated, as set forth in subsection 6-403(d);
(.5) Collecting or attempting to collect any further rent from the tenant of the residential housing unit if the owner or the owner's representative fails to comply or substantially comply with the order, as determined by the Department, within thirty (30) days.
(a) Any owner or representative of the owner who violates any provision of this Section 6-403 shall be subject to a fine of three hundred dollars ($300) for each offense for each residential unit, except that failure to comply with any order issued under this Section shall be subject to a fine of two thousand dollars ($2,000) for each residential unit. Continuing violation of the same provision or continuing failure to comply with an order shall constitute a separate violation for each day for each residential housing unit. Any person who knowingly participates in, or who has reason to know that his or her participation will materially contribute to, any violation of this Section or any failure to comply with any order issued under this Section shall be subject to the same penalties as if he or she personally committed the violation or failed to comply.
(b) Any tenant may enforce the provisions of subsection 6-403(5)(a) in the Philadelphia Court of Common Pleas, the Philadelphia Municipal Court or any other Court having jurisdiction. A prevailing tenant shall be entitled to actual damages and to not less than triple the monthly rent for each violation, plus attorneys' fees and costs.
(c) When the Department issues an order to the owner or to a representative of the owner of a residential housing unit to eliminate lead-based paint health hazards, the Department will direct the Department of Licenses and Inspections to revoke the rental license for the unit.
(d) When the Department certifies in writing, to the tenant and to the owner or the representative of the owner, that the lead-based paint hazard has been removed, the Health Department will direct the Department of Licenses and Inspections to reinstate the rental license and, the owner or the representative of the owner may resume collecting rent from the date the tenant is notified in writing.
(e) Nothing in this Section shall be construed to exclude or substitute for the rights and remedies contained in Chapter 9-1600 of The Philadelphia Code, relating to the Prohibition Against Unlawful Eviction Practices, or any other legal remedies of the tenant.
Notes
| 65 | Added, 1966 Ordinances, p. 263; amended, 1977 Ordinances, p. 775; amended, Bill No. 1108 (approved July 24, 1995), 1995 Ordinances, p. 1260; caption amended, Bill No. 180936-A
(approved October 2, 2019), effective October 1, 2020. |
| 66 | Added, Bill No. 090260 (approved August 17, 2009). |
| 67 | Amended, Bill No. 090260 (approved August 17, 2009). |
| 68 | Amended, Bill No. 090260 (approved August 17, 2009). |
| 69 | Amended, Bill No. 090260 (approved August 17, 2009). |
| 70 | Added, Bill No. 090260 (approved August 17, 2009). |
| 71 | Amended, 1974 Ordinances, p. 35. |
| 72 | |
| 73 | Amended, 1993 Ordinances, p. 925. |
| 74 | |
| 75 |
(1) Definitions.
(a) Alcoholic Beverages. Any alcohol, spirits, liquor, wine and malt or brewed beverages including beer, lager beer, ale, porter or similar fermented malt beverages. The term shall not include:
(.1) products which are nonbeverage in nature wherein liquor is used and changed into other chemical substances and does not appear in the finished product as liquor;
(.2) products sold for medicinal purposes only by licensed, registered pharmacists upon the signed written prescription of a duly licensed physician, dentist or veterinarian; or
(.3) products sold for sacramental or religious purposes only by holders of a Sacramental Wine License issued pursuant to Section 409 of the Act of April 12, 1951 (P.L. 90), known as the Liquor Code.
(b) Vendor of Alcoholic Beverages. Any person, partnership, firm, joint-stock company, business trust, association, corporation or other form of business enterprise who owns or operates a business establishment such as a bar, tavern, hotel, restaurant, club or beer distributorship which sells at retail any alcoholic beverages for consumption either on or off the premises. The term shall not include:
(.1) the Pennsylvania Liquor Control Board, its agents and employees who manage or operate Pennsylvania Liquor Stores under the provisions of the Liquor Code.
(2) Duties of Vendors of Alcoholic Beverages.
(a) All vendors of alcoholic beverages shall have posted in a conspicuous place on the premises where alcoholic beverages are sold a sign which clearly warns pregnant women and nursing mothers of the dangers of consuming alcoholic beverages during pregnancy.
(b) The sign required by this subsection shall read as follows:
A HEALTHY BABY BEGINS WITH YOU:
PREGNANCY AND ALCOHOL DO NOT MIX
Drinking beer, wine or liquor while you are pregnant or a nursing mother can be harmful to your baby.
FOR MORE INFORMATION, CALL
PREGNANCY AND ALCOHOL DO NOT MIX
Drinking beer, wine or liquor while you are pregnant or a nursing mother can be harmful to your baby.
FOR MORE INFORMATION, CALL
(3) Duties of Department and Board.
(a) The Department shall prepare said warning signs and make them available at no charge to vendors of alcoholic beverages.
(b) The Board shall promulgate any necessary regulations with respect to the posting of said warning signs.
(c) The Department shall conduct inspections of premises subject to the requirements of this Section in accordance with Section 6-501 of this Title. Whenever the Department discovers that a vendor of alcoholic beverages is not in compliance with this Section, it shall make an order requiring such compliance as provided in Section 6-502 of this Title.
(d) The Department shall take all reasonable steps necessary to procure the consent of the Pennsylvania Liquor Control Board to the posting of said warning signs in State Liquor Stores located in the City of Philadelphia. Upon obtaining the Liquor Board's consent, the Department shall make the necessary arrangements for the posting of the signs in said Liquor Stores.
(4) Penalties.
(a) Any vendor of alcoholic beverages who violates the provisions of this Section shall be subject to the penalties imposed by subsection 6-103(1) of this Title.
Notes
| 76 | Added, 1984 Ordinances, p. 790. |
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