(1) Definitions.
(a) Class "A" Demolition Contractor. A demolition contractor authorized to demolish any size and type of structure.
(b) Class "B" Demolition Contractor. A demolition contractor authorized to demolish any size and type of structure except for Major Buildings, as defined in Section A-1001.1 of the Administrative Code (Title 4, Subcode A).
(c) Competent Person. An individual who is capable of identifying existing and predictable hazards at the job site; is knowledgeable of policies and practices that affect working conditions which are unsanitary, hazardous or dangerous to employees or the public; and who has authority to take prompt corrective measures to eliminate such hazards and conditions.
(d) Demolition. The removal or partial removal of structural elements for purposes of removal of an entire structure. Does not include the removal of structural elements as part of the alteration or renovation of an existing building.
(e) Demolition Contractor. A person or business entity that performs or offers to perform the removal of structural elements for purposes of removal of a structure.
(f) Demolition Supervisor. A competent person employed by the Demolition Contractor and designated to develop site safety plans who has passed an examination related to demolition as determined by the Department and who is in good standing with respect to periodic training sessions as may be required and publicly advertised by the Department.
(g) OSHA 30. The 30-hour program designed by the United States Occupational, Safety and Health Administration ("OSHA") under its Outreach Training Program for Construction Industry for additional training of supervisors and workers with some safety responsibilities.
(h) Serious Violation. An OSHA safety violation classification where OSHA has determined that there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.
(i) Site Safety Manager. A competent person employed by a licensed Demolition Contractor with OSHA 30 training or an equivalent training program approved by the Department in the past five years to provide significant public safety benefit, appropriate to the position, whose primary responsibility is to ensure safe practices on demolition sites and compliance with the site safety plan.
(j) Site Safety Plan. A site safety demolition plan, or complete "engineering survey" as required by the Occupational Safety and Health Administration (OSHA) regulations, developed by a competent person which details the means and methods the contractor will undertake to protect the public and adjoining properties.
(2) License and Required Conduct.
(a) No person or business entity shall act as a Demolition Contractor unless that entity possesses a current and valid license issued under this Section.
(b) No person or business entity shall act as a Demolition Contractor without a demolition supervisor and site safety manager with the required qualifications on staff at all times. With respect to a Demolition Contractor performing work on a Major Building, required qualifications shall mean the qualifications necessary for the contractor to be licensed to perform such work. Neither the demolition supervisor nor the site safety manager may be concurrently employed by another licensed Demolition Contractor.
(c) A Demolition Contractor shall abide by:
(.1) all regulations issued by the Department of Public Health pursuant to Title 3, Air Management Code regarding the control of dust at demolition sites, including but not limited to:
(.a) Dust control during demolition activity;
(.b) The proper storage and removal of demolition debris;
(.c) Cleaning dust from surrounding streets and sidewalks; and
(.d) Controlling dust during the transportation of debris from demolition sites.
(.2) the Water Department's Storm Water Erosion and Sediment Control Regulations;
(.3) all other applicable requirements of law.
(3) Requirements for License.
(a) Application Requirements. Applications for a Class "B" Demolition Contractor's license shall be made on forms to be supplied by the Department. No license or renewal shall be issued until the applicant:
(.1) provides the Department with a copy of the applicant's commercial activity license and tax identification number;
(.2) provides the Department with proof that the applicant has obtained the insurance and bonding required by this Section;
(.3) certifies that all City tax obligations are satisfied and that the Demolition Contractor is in compliance with all applicable laws of the Commonwealth relating to the operation of its business;
(.4) identifies at least one site safety manager employed by the company who will supervise demolition projects for the Demolition Contractor and provides documentation with respect to their required qualifications; and
(.5) identifies of at least one demolition supervisor employed by the company and provides documentation with respect to their required qualifications.
(.6) The site safety manager and demolition supervisor may be the same person.
(.7) If a Demolition Contractor changes its site safety manager or demolition supervisor, the contractor shall notify the Department within ten (10) days of employment of the new site safety manager or demolition supervisor and provide any necessary documentation with respect to their required qualifications.
(b) Additional Requirements for Class "A" Demolition Contractors. No license for a Class "A" Demolition Contractor shall be issued unless the applicant, in addition to meeting the requirements under subsection (3)(a) above, provides the following:
(.1) Proof of three years prior experience in the field of demolition for both a demolition supervisor and a site safety manager through one of the following:
(.a) Tax records indicating employment in the field of demolition by a demolition contractor licensed in the field by a state or local government; or
(.b) Licensure in the field of demolition by a state or local government.
(c) A license issued under this Section shall be valid for one year. The annual fee for the license shall be two hundred dollars ($200) or such other amount as established by the Department by regulation.
(4) Insurance and Bonding Requirements. All Demolition Contractors licensed under this Section shall at all times maintain, at a minimum, the following types and amounts of insurance and bonding:
(a) Insurance requirements.
(.1) workers' compensation where applicable at statutory limits;
(.2) comprehensive general liability, including products and completed operations, of a minimum limit of liability of two million dollars ($2,000,000) per occurrence; and
(.3) motor vehicle liability insurance, in an amount determined by the Risk Manager.
(b) Bonding requirements.
(.1) A license bond in an amount established below shall be maintained by the Demolition Contractor to ensure compliance with local ordinances. The bond shall be issued by a surety company holding a certificate of authority to transact business in Pennsylvania, having a minimum surety underwriting limitation of one million dollars ($1,000,000).
(.2) Proof of bonding shall be submitted on a form approved by the Law Department.
(.3) Required bond amounts.
(.a) For Class "A" Demolition Contractors, a license bond in the amount of fifty thousand dollars ($50,000).
(.b) For Class "B" Demolition Contractors, a license bond in the amount of ten thousand dollars ($10,000).
(5) License Suspension and Revocation; Other Remedies.
(a) The Department may suspend or revoke any license granted under this Section for any of the following reasons:
(.1) fraud or deceit in obtaining or renewing a license or permit;
(.2) repeated failure to comply with the provisions of The Philadelphia Code;
(.3) failure to obtain or maintain the insurance and bonding required by this Section;
(.4) failure to pay any fine imposed for a violation of any provision of this Section or of Title 4 of The Philadelphia Code within ten days of imposition by a final order from which all appeals have been exhausted;
(.5) failure to pay a tax or charge imposed in connection with the activity licensed under this Section;
(.6) failure to secure required permits;
(.7) repeated failure to comply with violation notices issued by the Department;
(.8) violation of a stop work order;
(.9) conviction of a crime of fraud or dishonesty in connection with the licensed activity;
(.10) determination by OSHA of a serious violation during the work of the contractor;
(.12) any significant violation of a provision of this Section, including but not limited to the License and Required Conduct provisions of subsection (2) of this Section.
(b) Action against a license bond concerning a Demolition Contractor's failure to meet the requirements of this Section or a demolition permit may be taken by the Department following an administrative hearing.
Notes
| 1070 | Added, Bill No. 130688-AA (approved March 12, 2014), effective within 18 months (September 12, 2015); amended, Bill No. 170898 (approved December 20, 2017). Section 3 of Bill No. 170898 provides, in part, that the amendments to this Section shall be effective March 1, 2018, and upon taking effect replace and supersede the "Regulations Under Philadelphia Code Sections A-301.5.10 and 9-1008" of the Department of Licenses and Inspections. |