§ 9-1008. Demolition Contractor License.

(1) Declaration of Purpose. The purpose of this Section is to provide standards for construction contracting that protect public health and safety and ensure compliance with applicable industry codes and standards by establishing appropriate licensing requirements and enforcement procedures for contractors performing construction work in Philadelphia. The City recognizes that inadequately qualified contractors jeopardize the health and safety of the public and workers employed on construction projects. The City also recognizes the importance of collecting appropriate fees from contractors that perform construction in Philadelphia to generate sufficient revenue to offset compliance and enforcement activities. This Chapter promotes the health and safety of the public and protects revenue owed from licensing fees, permit fees, and applicable tax requirements by requiring firms operating in the construction industry to obtain licenses before performing construction work as defined by this Section.

(2) Definitions.

(a) Contractor. Any person, corporation, partnership, sole proprietorship or other business entity that performs or offers to perform construction as defined in subsection 9-1004(2)(c). The term "contractor" includes subcontractors of any tier that perform construction as defined in subsection 9-1004(2)(c).

(b) Prime Contractor. Any contractor that is identified on a permit application as the contractor responsible for the construction authorized by the permit.

(c) Construction. The demolition, erection, addition, conversion, improvement, modernization, rehabilitation, renovation, remodeling, repair or other alteration of any building, structure, real property or appurtenance thereto.

(3) License Required.

(a) No person or business entity of any type shall act as a Contractor unless the person or entity possesses a current and valid license issued under this Section.

(b) License exceptions. The following persons shall not be required to obtain a license under this Section:

(.1) owners who perform their own construction work either for the purpose of making improvements on a property they own and occupy or to allow for them to occupy a property they own. Such owners must be listed by the Board of Revision of Taxes as the owner of record for the property where the work is being performed. The Department may require other proof of property ownership from any person claiming an exception under this subsection;

(.2) engineers or architects licensed by the Commonwealth of Pennsylvania;

(.3) governmental employees performing construction activity for their governmental employer as part of their official duties. This exception does not apply to Contractors retained by a governmental entity;

(.4) a Contractor already licensed by the Department; and

(.5) a Contractor who does not perform any job for which the Contractor is paid more than five hundred dollars ($500).

(d) A license under this Section shall be renewed subject to the conditions set forth in subsections 9-1004(4), (5), (6), and (7).

(e) A Contractor licensed by the Department pursuant to other contractor licensing Sections of Title 9 shall be subject to and comply with the requirements of this Section to the extent this Section does not conflict with such other provisions. This Section shall not apply to persons holding journeyman or master trade licenses unless such persons also operate as a Contractor within the meaning of this Section.

(4) Application Requirements. Applications and renewals for a Contractor's license shall be made on forms to be supplied by the Department. No license or renewal shall be issued until the applicant:

(a) provides the Department with a copy of the applicant's commercial activity license and tax identification number;

(b) provides the Department with proof that the applicant has obtained the insurance required by this Section;

(c.1) in the case of entities not licensed under Sections 9-1003, 9-1005 or 9-1006, provides the Department with evidence of the following:

(.1) completion within the past five years by one or more supervisory employees of an extended course of training certified by the Department to provide significant public safety benefit, appropriate to the position, which course may include OSHA 30 training (The 30-hour program designed by the United States Occupational, Safety and Health Administration ("OSHA") under its Outreach Training Program for Construction for additional training of supervisors and workers with some safety responsibilities);

(d) complies with any additional requirements imposed by the Department by regulation;

(e) affirms that no individual subject to an active trade license suspension or revocation holds an ownership interest in or is knowingly employed by the applicant; and

(f) certifies the following statements:

(.1) that all City tax obligations are satisfied;

(.2) that the applicant is financially solvent;

(.3) that the applicant is not debarred by any public body or governmental agency; and

(.4) that the applicant is in compliance with all applicable laws of the Commonwealth relating to the operation of its business.

(5) Insurance Requirements.

(a) All Contractors licensed under this Section shall maintain, at a minimum, the following types and amounts of insurance:

(.1) workers' compensation where applicable: statutory limits;

(.2) comprehensive general liability insurance: in an amount determined by the Law Department and the Risk Manager;

(.3) products and completed operations, and/or errors and omissions: in an amount determined by the Law Department and the Risk Manager; and

(.4) motor vehicle liability insurance: in an amount determined by the Risk Manager.

(b) Copies of insurance certificates shall be submitted to the Department to show proof of insurance coverage before a license will be issued.

(c) Failure to maintain proper insurance, and to provide proof of continued coverage by submitting renewal certificates to the Department, will result in the revocation or non-renewal of the license.

(6) Required Conduct.

(a) Every licensed Contractor shall notify the Department in writing within ten days of any change in any of the information required to be submitted to the Department under subsection 9-1004(4);

(b) A Contractor must secure all required permits prior to commencement of any construction;

(.1) Advertisements;

(.2) Contractor's stationery;

(.3) Contractor's main place of business;

(.4) Job sites;

(.5) Proposals and Contracts; and

(.6) Vehicles displaying the Contractor's business name which are used during the course of business.

(d) License numbers displayed on vehicles as required by this subsection must be in letters at least 2 inches in height and clearly visible.

(e) Contractors shall submit subcontractor identifying information in accordance with subsection (8)(a) of this Section.

(f) Contractors shall comply with all provisions of The Philadelphia Code;

(g) Contractors shall correct any code violation cited by the Department as a result of such Contractor's work activity within the period for compliance specified in the notice from the Department;

(h) Contractors shall maintain complete financial and construction records (including plans) for each job performed, for four years after the completion of the job.

(i) Contractors shall cooperate in any audit or investigation by the Department, or other city or law enforcement agency, into the activities at any job site at which the contractor has performed work, and shall provide prompt, accurate and complete responses to inquiries by the Department and other appropriate agencies.

(7) Prohibited Conduct.

(a) No Contractor shall perform any construction work without first securing all required permits.

(b) No Contractor shall deviate from or disregard in any material respect the plans and specifications approved by the Department, unless such change has been approved by the Department.

(c) No Contractor shall sell, transfer, or permit another person to use the license assigned to the Contractor to secure permits or perform activity regulated under this Section.

(d) No Contractor shall sell, transfer, or otherwise allow another person or business entity to use a permit issued to the Contractor to perform construction work.

(e) No Contractor shall provide false information on any license or permit application filed with the Department.

(f) No Contractor shall employ an unlicensed subcontractor to perform any activity regulated under this Section.

(g) No project owner, developer, or other entity shall employ an unlicensed Contractor to perform any activity regulated under this Section.

(h) No Contractor shall employ an individual that is subject to an active suspension or revocation of a trade license or that was the partial or whole owner of an entity subject to an active suspension or revocation of a trade license at the time that the suspension or revocation was effectuated.

(8) Contractor and Subcontractor Information.

(a) A Prime Contractor performing construction work, except for work on residential buildings of two dwelling units or less, shall submit the following information in writing, either electronically or otherwise as required, to the Department within three (3) business days after the commencement of any work at the construction site and shall notify the Department promptly of any changes to the information submitted.

(.1) The address of the construction site;

(.2) The Prime Contractor's business name, business address, and contractor license number;

(.3) A list of all subcontractors of any tier used on the project with their respective contractor license numbers;

(.4) Documentation that the contractor or subcontractor possesses all licenses required by The Philadelphia Code and that such licenses are current and valid;

(.5) The name of the Property Owner; and

(.6) Such other information as the Department requires.

(b) The Department shall provide confirmation of receipt to the contractor of the information submitted under subsection 9-1004(8)(a). Upon review of such information, the Department shall notify the contractor of any noncompliance and also notify the Property Owner.

(c) The Department shall publish the information required by subsection 9-1004(8)(a) above on the City's official website.

(d) The Prime Contractor shall post the information submitted under subsection 9-1004(8)(a) at each jobsite in a conspicuous space clearly visible to public view, or as otherwise directed by the Department.

(e) The Department is authorized to promulgate such regulations as are necessary and appropriate to implement the provisions of subsection (8).

(9) 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, after an administrative hearing conducted after notice of the proposed suspension or revocation has been sent to the licensee:

(.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 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) repeated failure to secure required permits;

(.7) repeated failure to provide the Department with accurate cost estimates of construction activity on permit applications; or

(.8) repeated failure to comply with violation notices issued by the Department;

(.9) removal or destruction of a stop work order posting;

(.10) willful violation of a stop work order;

(.11) conviction of a crime of fraud or dishonesty in connection with the licensed activity;

(.12) fraud or deceit in responding to a Department audit or investigation;

(.13) violating the Philadelphia Code in a manner that creates a significant dangerous condition or significant risk to public safety.

(b) Where there has been a final determination that a contractor or subcontractor has violated the provisions of subsection (8)(a) of this Section on at least two (2) occasions within one (1) year, the license issued to the contractor or subcontractor under this Section shall be revoked for a period of one (1) year and the contractor or subcontractor shall be prohibited from obtaining any building permits during that one (1) year period. For purposes of this subsection (9)(b), a final determination refers to payment of the fine for a violation, a default or a final adjudication on the merits from which no timely direct appeal is available.

(c) The Department may refuse to issue permits to any Contractor who has failed to correct any outstanding code violations resulting from work performed under previously issued permits.

(d) License revocation for violations of subsection (9)(a)(.11) above shall be for a period of five (5) years.

(10) Penalties.

(a) Notwithstanding any other provision of this Title (including, but not limited to, Section 9-105), any person who violates any provision of this Section, except for subsection (8), or any regulation adopted pursuant to this Section shall have committed a Class II offense and be subject to the fines set forth in subsection 1-109(2) of The Philadelphia Code or to imprisonment not exceeding ninety (90) days or to both. The penalties set forth in subsections (10)(a) through (10)(d) shall be in addition to the remedies set forth in subsection (9).

(b) Failure of any person working at a jobsite to comply with the provisions of subsection (3) of this Section shall result in the issuance by the Department of a stop work order to the contractor not in compliance, or to the Prime Contractor and any subcontractors working at the jobsite, as the Department may determine, until there is complete compliance with all applicable provisions.

(c) Any person who violates any provision of subsection (8) or any regulation adopted pursuant to this subsection shall have committed a Class III offense and shall be subject to the fines set forth in subsection 1-109(3) of The Philadelphia Code. Each day that a contractor or subcontractor remains out of compliance with subsection (8) shall constitute a separate violation.

(d) Any contractor or subcontractor who hires independent contractors that have not paid any fees or taxes required to be paid to the City with respect to work performed at a respective construction site shall be liable for the payment of such fees and taxes. For purposes of this subsection (10)(d), an independent contractor is a person who is not an employee of either a contractor or subcontractor at such construction site.

(11) Review of Unlicensed Contractors by Revenue Department.

(a) The Department shall provide notice to the Department of Revenue on a monthly basis of any person or business entity that is found working as an unlicensed contractor in violation of this Section.

(b) The Department of Revenue shall conduct an appropriate review or audit of unlicensed contractors to determine if they are in compliance with applicable City tax laws, including City wage tax and undertake necessary enforcement actions to collect any taxes, interest and penalties owed in such cases.

(c) The Department of Revenue shall prepare an annual report for the Mayor and City Council on all activities undertaken pursuant to this subsection and results thereof, which shall make such reports available to the public.

(12) Civil Actions under this Section.

(a) The City Solicitor, or any private person with the approval of the City Solicitor, may institute a civil action alleging violations of this Section in a court of competent jurisdiction.

(b) Any action brought by a private person pursuant to this Section shall be subject to the procedures and conditions set forth in Section 19-3603 of this Code (relating to False Claims), except for the monetary limitation of Section 19-3603(a).

(13) Retaliatory Action Prohibited.

(a) No employer shall discharge, demote, suspend, threaten, harass or in any other manner discriminate against an employee in the terms and condition of employment because of lawful acts done by the employee in furtherance of an action under this Section, including investigation for, initiation of, testimony for, or other assistance in an action filed or to be filed under this Section.

(b) Any person who suffers retaliatory conduct as defined in this subsection may institute a civil action in a court of competent jurisdiction. Any employee that a court of competent jurisdiction determines suffered retaliatory action as defined in this subsection shall be entitled to all relief necessary to make the employee whole. Such relief shall include reinstatement with the same seniority status such employee would have had but for the discrimination, two (2) times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys' fees.

Notes

1044	Added, Bill No. 980334 (approved December 15, 1998); amended, Bill No. 000351 (approved August 11, 2000); amended, Bill No. 080853 (approved December 8, 2008); amended, Bill No. 120776 (approved May 8, 2013).
1045	Amended, Bill No. 060339 (approved September 14, 2006).
1046	Amended, Bill No. 130688-AA (approved March 12, 2014), effective within 18 months (September 12, 2015).
1047	Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012.
1048	Added, Bill No. 130688-AA (approved March 12, 2014), effective within 18 months (September 12, 2015).
1049	Amended, Bill No. 210388 (approved July 15, 2021).
1050	Added, Bill No. 210388 (approved July 15, 2021).
1051	Renumbered, Bill No. 210388 (approved July 15, 2021).
1052	Added, Bill No. 210388 (approved July 15, 2021).
1053	Added, Bill No. 210388 (approved July 15, 2021).
1054	Added, Bill No. 110826 (approved December 21, 2011). Section 2 of Bill No. 110826 provides: "This Ordinance shall become effective ninety (90) days after it becomes law or if the Department does not have the necessary technology to implement the provisions of this Ordinance at such time, this Ordinance shall become effective no later than May 1, 2012."
1055	Renumbered and amended, Bill No. 110826 (approved December 21, 2011). See note 1054 for effective date provisions.
1056	Amended, Bill No. 210388 (approved July 15, 2021).
1057	Added, Bill No. 210388 (approved July 15, 2021).
1058	Renumbered, Bill No. 210388 (approved July 15, 2021).
1059	Added, Bill No. 210388 (approved July 15, 2021).
1060	Added, Bill No. 210388 (approved July 15, 2021).
1061	Reference to subsection (9)(a)(.10) revised by Code editor to reflect renumbering by Bill No. 210388 (approved July 15, 2021).
1062	Renumbered and amended, Bill No. 110826 (approved December 21, 2011). See note 1054 for effective date provisions.
1063	Amended, Bill No. 041079 (approved May 12, 2005).

§ 9-1005. Fire Suppression System Contractors.

(1) Definitions.

(a) Fire Suppression System Contractor. A person who performs or offers to perform the installation, alteration, repair, testing, servicing, maintenance, inspection and/or certification of fire suppression systems, or any part of such systems.

(b) Fire Suppression System. An automatic or manual system designed to protect buildings and their occupants from fire. Such systems include, but are not limited to, water sprinkler, water spray, foam-water, foam- water spray, carbon dioxide, foam extinguishing, dry chemical, wet chemical, halogenated and other chemical systems used for fire protection; the supply mains, yard hydrants, standpipes and hose connections to sprinkler systems; and tank heaters, air lines and thermal systems used in connection with sprinklers, tanks and pumps dedicated for fire suppression use.

(c) Fire Suppression System Worker Certificate Holder. A person who has satisfied the requirements of Chapter 9-2500 and has been issued a Fire Suppression System Worker certificate by the Department.

(d) NICET Certificate Holder. A person holding a certification in the applicable field issued by the National Institute for Certification in Engineering Technologies (NICET).

(2) License Required.

(a) No person shall act as a Fire Suppression System Contractor unless that person possesses a current and valid license issued under this Section.

(b) A license issued under this Section shall be valid for one year and shall be renewed annually by the license holder on a form provided by the Department, together with payment of a fee as established in the Administrative Code (Subcode "A" of Title 4 – Philadelphia Building Construction and Occupancy Code, Section A-904.4).

(3) Requirements for License.

(a) Each applicant for a Fire Suppression System Contractor License shall provide, on a form to be supplied by the Department, the following information:

(.1) City of Philadelphia Business Privilege License and tax identification numbers.

(.2) Name and certificate number of at least one full-time employee who is the holder of a NICET certificate at Level II or higher in the applicable field(s) (or such Level as the Department may specify by regulation), and of at least one full-time employee who is the holder of a Fire Suppression System Worker Certificate issued by the Department. The holder of the different certificates may be the same person.

(.a) In the alternative to the requirement for an on-staff NICET certificate holder, a licensee may employ a professional engineer registered in the Commonwealth of Pennsylvania who provides the Department with a signed and sealed statement of qualifications in the field of fire suppression systems in the one or more classifications of work for which the application is made, provided that all other requirements of Chapter 9-2500 are met.

(.3) Length of time in the business as a contractor in the area of fire suppression.

(.4) Such other information as the Department may require.

(b) Each applicant shall submit insurance certificates to verify the insurance required by subsection 9-1005(4).

(c) Each applicant shall pay a non-refundable application fee in the amount established in the Administrative Code (Subcode "A" of Title 4 – Philadelphia Building Construction and Occupancy Code).

(4) Insurance Requirements. All Contractors licensed under this Section shall at all times maintain, at a minimum, the following types and amounts of insurance:

(a) workers' compensation where applicable: statutory limits;

(b) comprehensive general liability insurance: in an amount determined by the Risk Manager;

(d) motor vehicle liability insurance: in an amount determined by the Risk Manager.

(5) Required Conduct.

(a) The licensee shall notify the Department in writing within ten days of any change of address.

(b) Each licensed Fire Suppression System Contractor shall maintain on staff in a full time position at least one Fire Suppression System Worker Certificate holder and a NICET certificate holder at Level II or higher in the applicable field(s) (or such Level as the Department may specify by regulation). The holder of the different required certificates may be the same person.

(.1) The Fire Suppression System Worker Certificate holder(s) responsible for the work may perform installation, testing and repair work, and shall sign all certificates and deficiency notices for installation, alteration, repair, testing, servicing or inspection of fire suppression systems.

(.2) The NICET certificate holder shall be responsible for the design of fire suppression systems; the oversight of installation, testing, repair and inspection of such systems by Fire Suppression System Workers; and may prepare and sign documents related to work performed on fire suppression systems. The Department is authorized to establish by regulation the specific NICET certificate levels required for particular tasks.

(.3) In the alternative to an on-staff NICET certificate holder, a Fire Suppression System Contractor may employ a full-time professional engineer registered in the Commonwealth of Pennsylvania who provides the Department with a signed and sealed statement of qualifications in the field of fire suppression systems in one or more classifications of work.

(.4) If the Fire Suppression System Contractor's certified Fire Suppression System Worker terminates employment with the Contractor, the Contractor must cease all installing, repairing, testing, servicing, inspecting, or certifying of fire suppression equipment until a certified Fire Suppression System Worker has been employed. Upon the hiring of a new full-time certified Fire Suppression System Worker, the Contractor shall provide the Department with the employee's name and certificate number, and may resume work upon approval from the Department.

(.5) If the Fire Suppression System Contractor's certified full-time NICET employee (or approved alternative) terminates employment with the Contractor, but an appropriately certified full-time Fire Suppression System Worker is on staff, the Contractor shall be permitted to complete existing work in progress which has been approved by the Department for a period of 6 months after the certified NICET employee has left such full-time employment, but shall not receive new approvals from the Department until an appropriately certified NICET employee is on staff full-time and the Department has been provided the employee's name and certificate number.

(.6) The Fire Suppression System Worker certificate holder and the Fire Suppression System Contractor shall each notify the Department in writing within five business days of the termination of the position of the certificate holder with the contractor.

(6) Prohibited Conduct.

(a) No person shall engage, or cause or direct any other person to engage, in work on a fire suppression system who does not have a valid fire suppression system worker certificate, or who does not have an apprentice permit, issued pursuant to Section 9-2507 of this Code, to perform such work under the supervision of the certificate holder.

(b) No Fire Suppression System Contractor shall:

(.1) solicit, by sign, listing or any other form of advertisement, work on a fire suppression system without obtaining a contractor license pursuant to this Chapter;

(.2) perform any construction work without first securing all required permits;

(.3) permit another person to use the license assigned to the Fire Suppression System Contractor to secure permits or perform activity regulated under this Chapter;

(.4) provide false information on any license or permit application filed with the Department;

(.5) employ an unlicensed subcontractor to perform any activity regulated under this Chapter; or

(.6) knowingly or recklessly make a misrepresentation or omission regarding fire suppression system work which has been performed or which is to be performed.

(7) License Suspension and Revocation; Other Remedies.

(.1) repeated failure to comply with the provisions of The Philadelphia Code;

(.2) failure to obtain or maintain the insurance required by this Section;

(.3) failure to pay any fine imposed for a violation of any provision of this Section or of Title 4 of this Code within ten days of imposition by a final order from which all appeals have been exhausted;

(.4) failure to pay a tax or charge imposed in connection with the activity licensed under this Section;

(.5) failure to secure required permits;

(.6) failure to comply with violation notices issued by the Department;

(.7) repeated failure to provide the Department with accurate cost estimates of construction activity on permit applications;

(.8) performing the installation, alteration, repair, testing, servicing, inspection or certification of a fire protection system in a reckless or grossly negligent manner, or engaging in intentional or knowing misconduct in the providing of such services; or

(.9) conviction of a crime of fraud or dishonesty in connection with the licensed activity.

(b) The Department may refuse to issue a permit to any Fire Suppression System Contractor who has failed to properly have its work inspected and approved or failed to correct any outstanding Code violations resulting from work performed under previously issued permits.

Notes

1064	Added, Bill No. 110834 (approved December 21, 2011).
1065	Note that "business privilege license" was changed to "commercial activity license" by Bill No. 110758 (approved December 21, 2011), effective May 1, 2012.
1066	Enrolled bill read "§ 9-2500".
1067	Enrolled bill referenced Section 9-2505, but that Section was subsequently renumbered as Section 9-2507 by Bill No. 200365 (approved September 17, 2020), effective March 17, 2022. Reference updated by Code editor.

§ 9-1006. Electrical Contractors.

(1) License Required.

(a) No person shall engage in the business of installing systems, or parts of systems, used to transmit, generate or distribute electricity, nor engage in the business of electrical contracting, unless that person has obtained a license from the Department.

(b) Licenses issued under this Section shall be valid for one year and renewed annually by the license holder on a form provided by the Department, with payment of a fee as established in the Administrative Code (Subcode "A" of Title 4 – Philadelphia Building Construction and Occupancy Code).

(2) Requirements for License. No Electrical Contractor's License shall be issued unless the following provisions have been satisfied:

(a) Experience. The applicant shall have a minimum of four years of practical experience gained while employed in electrical work. Satisfactory completion of two years of education in the electrical field shall be equivalent to one year of practical experience, but not more than four years of education shall count towards the required four years practical experience.

(b) Examination. The applicant shall have passed a written examination, as prescribed by the Department, on the theory and practice of electricity to test knowledge of the National Electrical Code (NFPA 70) as adopted by the Pennsylvania Uniform Construction Code.

(c) Continuing Education. Before any Electrical Contractor's License is issued or renewed, the applicant or licensee shall have completed at least eight hours per year in course work or seminars on the then-current edition of NFPA 70 at an approved or accredited school or organization approved by the Department. The applicant or licensee shall furnish the Department with a completion certificate indicating the course activity and the length in hours of each course.

(3) Insurance Requirements.

(a) All Contractors licensed under this Section shall maintain, at a minimum, the following types and amounts of insurance:

(.1) workers' compensation where applicable: statutory limits;

(.2) comprehensive general liability insurance: in an amount determined by the Risk Manager;

(.3) products and completed operations, and/or errors and omissions: in an amount determined by the Risk Manager; and

(.4) motor vehicle liability insurance: in an amount determined by the Risk Manager.

(b) Copies of insurance certificates shall be submitted to the Department to show proof of insurance coverage before a license will be issued.

(c) Failure to maintain proper insurance, and to provide proof of continued coverage by submitting renewal certificates to the Department, will result in the revocation or non-renewal of the license.

(4) Application Requirements. Applications for an Electrical Contractor's license shall be made on forms to be supplied by the Department. No license shall be issued until the applicant:

(a) provides the Department with a copy of the applicant's business privilege license and tax identification number;

(b) provides the Department with proof that the applicant has obtained the insurance required by this Section;

(d) pays a non-refundable application fee as established in the Administrative Code (Subcode "A" of Title 4 – Philadelphia Building Construction and Occupancy Code); and

(e) complies with any additional requirements imposed by the Department by regulation.

(5) Required Conduct. Every licensed Electrical Contractor shall:

(a) notify the Department in writing within ten days of any change in any of the information required to be submitted to the Department under subsection 9-1006(4);

(b) secure all required permits prior to commencement of construction;

(d) comply with all provisions of The Philadelphia Code;

(e) correct any Code violation cited by the Department or licensed agent as a result of such Electrical Contractor's work activity within the period for compliance specified in the notice from the Department;

(f) maintain complete financial and construction records (including plans) for each job performed, for two years after the completion of the job. All such records shall be subject to audit by the Department during such two-year period.

(g) arrange for all required inspections of electrical work. A minimum of 24 hours advance notice shall be given to the Department for inspections. Arrangements for final inspections shall be made within five days of completion of the work.

(6) Prohibited Conduct. No Electrical Contractor shall:

(a) perform any construction work without first securing all required permits;

(b) deviate from or disregard in any material respect the plans and specifications approved by the Department, unless such change has been approved by the Department;

(c) permit another person to use the license assigned to the Electrical Contractor to secure permits or perform activity regulated under this Section;

(d) provide false information on any license or permit application filed with the Department;

(e) employ an unlicensed subcontractor to perform any activity regulated under this Section.

(7) License Suspension and Revocation; Other Remedies.

(.1) repeated failure to comply with the provisions of The Philadelphia Code;

(.2) failure to obtain or maintain the insurance required by this Section;

(.3) 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;

(.4) failure to pay a tax or charge imposed in connection with the activity licensed under this Section;

(.5) failure to secure required permits;

(.6) failure to provide the Department with accurate cost estimates of construction activity on permit applications;

(.7) failure to comply with violation notices issued by the Department; or

(.8) conviction of a crime of fraud or dishonesty in connection with the licensed activity.

(b) The Department may refuse to issue a permit to any Electrical Contractor who has failed to properly have its work inspected and approved or failed to correct any outstanding Code violations resulting from work performed under previously issued permits.

Notes

1068	Added, Bill No. 110834 (approved December 21, 2011). Enrolled bill incorrectly designated this Section as Chapter 9-1006; renumbered by Code editor.
1069	Note that "business privilege license" was changed to "commercial activity license" by Bill No. 110758 (approved December 21, 2011), effective May 1, 2012.

§ 9-1007. Reserved.

§ 9-1008. Demolition Contractor License.

(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.

(.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;

(.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;

(.11) significant violation of a requirement of Chapter 33 (Safeguards During Construction) of Subcode B (The Philadelphia Building Code) of Title 4 of The Philadelphia Code (The Philadelphia Building Construction and Occupancy Code); or

(.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

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.

§ 9-1009. Excavation Contractor License.

(1) Definitions.

(a) 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.

(b) Excavation. A man-made cut, cavity, trench, or depression in the Earth's surface formed by earth removal.

(d) 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.

(e) OSHA 3015. The 20-hour program designed by OSHA under its Outreach Training Program for Construction Industry for additional training in the safety and health aspects of excavation, trenching, a soil mechanics.

(f) 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.

(g) Site Safety Manager. A competent person employed by a licensed Excavation Contractor with OSHA 30 and OSHA 3015 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 construction sites.

(2) License and Required Conduct.

(a) No person or business entity shall act as an Excavation Contractor unless that entity possesses a current and valid license issued under this Section.

(.1) No excavation permit shall be issued without identifying the Excavation Contractor licensed pursuant to this Section.

(b) No person or business entity shall act as an Excavation Contractor without a site safety manager with the required qualifications on staff at all times. Required qualifications shall mean the qualifications necessary for the contractor to be licensed to perform such work. The site safety manager may not be concurrently employed by another licensed Excavation Contractor.

(.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 excavation activity;

(.b) the proper storage and removal of materials;

(.c) cleaning dust from surrounding streets and sidewalks; and

(.d) controlling dust during the transportation of materials.

(.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 an Excavation 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 the information required by subsection 9-1004(4);

(.2) provides the Department with proof that the applicant has obtained the insurance and bonding required by this Section; and

(.3) identifies at least one site safety manager employed by the company who will supervise excavation projects for the Excavation Contractor.

(.a) If the Excavation Contractor changes its site safety manager the contractor shall notify the Department within ten days of employment of the new site safety manager and provide any necessary documentation with respect to their required qualifications.

(b) A license issued under this Section shall be valid for one year. The annual fee for the license shall be one hundred three dollars ($103) or such other amount as established by the Department by regulation.

(4) Insurance and Bonding Requirements. All Excavation 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. In addition to the insurance requirements of subsection 9-1001(5), the Excavation Contractor shall maintain comprehensive general liability, including products and completed operations, of a minimum limit of liability of two million dollars ($2,000,000) per occurrence.

(b) Bonding Requirements.

(.1) A license bond in an amount of one hundred thousand dollars ($100,000) shall be maintained. 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.

(5) License Suspension and Revocation; Other Remedies.

(a) In addition to the requirements in subsection 9-1004(9), the Department may suspend or revoke any license granted under this Section for any of the following reasons:

(.1) determination by OSHA of a serious violation during the work of the contractor;

(.2) significant violation of a requirement of Chapter 33 (Safeguards During Construction) of Subcode B (The Philadelphia Building Code) of Title 4 of The Philadelphia Code (The Philadelphia Building Construction and Occupancy Code); or

(.3) 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 an Excavation Contractor's failure to meet the requirements of this Section or an excavation permit may be taken by the Department.

Notes

1071	Added, Bill No. 210389 (approved July 15, 2021), effective January 1, 2023.
1072	Reference to "a Demolition Contractor's" revised by Code editor to reflect the title used by Bill No. 210389 (approved July 15, 2021), effective January 1, 2023.

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