(1) Home or residential inspection business. Any individual, partnership or corporation engaged in the business of providing non-invasive inspections of residential or mixed use residential properties for material defects.
(2) Fire alarm systems inspector. An individual who inspects, tests and certifies new and existing fire alarm systems for conformance to The Philadelphia Code and referenced standards.
(3) Electrical Inspection Agency. A person, firm or corporation that contracts to perform plan review of construction documents and/or inspect electrical construction for code compliance.
(4) Electrical inspector. An individual employed by an Electrical Inspection Agency to inspect electrical construction for code compliance.
(1) No person shall engage in the business of home or residential inspections unless that person has first secured a license from the Department.
(2) In order to secure a license, an applicant must:
(a) be at least eighteen (18) years of age;
(b) be certified by a nationally recognized professional organization which qualifies or certifies inspectors and is recognized by the Department;
(c) maintain commercial general liability insurance which names the City of Philadelphia as a certificate holder, in an amount in accordance with the Home Inspection Law, 68 Pa. C.S. § 7509, and Workers' Compensation insurance in the statutory amount; and
(d) pay a tri-annual license fee of three hundred dollars ($300).
(3) Professional Architect or Engineers, validly licensed to practice under the laws of this Commonwealth, and inspectors who perform inspections on behalf of their governmental agency employers shall be exempt from the provisions of this Chapter.
(4) Required Conduct.
(a) Inspections shall be made according to the standards of practice of the National Home Inspection Association by which the home inspector is certified.
(b) Inspections of residential properties shall either (i) include determinations of whether the property is served by a private sewer or by a private water main or (ii) the report of such an inspection shall include an explicit statement that no such determinations were made. 1164
(5) Restrictions.
(a) No person shall be licensed as a home inspector if that person has been convicted before a court of law of a crime of fraud, dishonesty, breach of trust or deceit.
(6) Penalties.
(a) In addition to the penalties established in Section 9-105, a license may be revoked for failure to comply with the provisions of this Section.
Notes
1164 | Added, Bill No. 150644 (approved October 27, 2015), effective January 1, 2016. |
(1) License Required. No person shall certify the installation, extension, alteration or repair of a fire alarm system without a Fire Alarm Systems Inspector license. Only a licensed Fire Alarm Systems Inspector may submit the annual certification of fire alarm systems required by The Philadelphia Code.
(2) Application Requirements. In order to secure a license an applicant must:
(a) pay the annual fee as set forth in the Administrative Code (Subcode "A" of Title 4 – Philadelphia Building Construction and Occupancy Code, Section A-904);
(b) hold, or be an employee of a person who holds, a Business Privilege License 1165 issued by the Department; and
(c) demonstrate competency in fire alarm systems. Competency shall be presumed if the applicant presents one of the alternatives set forth below:
(.1) NICET Alternative. A National Institute for Certification in Engineering Technologies (NICET) certificate at Level II or higher in the Fire Alarms subfield of Fire Protection Engineering Technology.
(.2) Underwriters' Laboratory (UL) Alternative. The company for which the applicant is principal or designee is listed with UL in one of two categories of Protective Signaling Services. The first acceptable category is for Central Station Service (UUFX) as a "Full Service Company" or "Fire Alarm Service – Local Company". The second acceptable category is for Local, Auxiliary, Remote Station and Proprietary Service (UUJS).
(.3) Professional Engineer Alternative. 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 alarm systems.
(d) Pay a non-refundable application fee as established in the Administrative Code (Subcode "A" of Title 4 – Philadelphia Building Construction and Occupancy Code, Section A-904).
(3) Enforcement. The Department shall enforce the provisions of this Section by suspending, revoking or refusing to issue or renew the license of any fire alarm inspector or certificate holder who has:
(a) practiced any fraud, misrepresentation, or deceit in obtaining or renewing a license or certificate;
(b) performed the installation, alteration, repair, testing, servicing, inspection or certification of a fire protection system in a reckless or grossly negligent manner, or has engaged in intentional or knowing misconduct in the providing of such services;
(c) violated the codes and/or regulations adopted by the City of Philadelphia;
(d) engaged in unfair or deceptive trade practice;
(e) failed to responsibly train or control employees performing under the licensee's supervision; or
(f) failed to pay the required annual license fee as established in the Administrative Code (Subcode "A" of Title 4 – Philadelphia Building Construction and Occupancy Code, Section A-904).
(4) The licensee shall notify the Department in writing of any change of address, or change in certification status provided pursuant to subsection 9-1303(2)(c), within ten days of such change.
Notes
1165 | Note that "business privilege license" was changed to "commercial activity license" by Bill No. 110758 (approved December 21, 2011), effective May 1, 2012. |
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