(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. |
(1) License Required. Electrical Inspection Agencies who provide third party code enforcement services must be licensed by the Department. Issuance of such license by the Department shall constitute approval to conduct the business of electrical inspection, subject to the conditions of this Section. The Department may accept certifications from licensed Electrical Inspection Agencies as evidence of compliance with the Building Construction and Occupancy Code (Title 4).
(2) Application Requirements.
(a) To obtain an Electrical Inspection Agency license, the agency shall submit the following information on a form provided by the Department:
(.1) The names and addresses of all persons who have either a financial, operational, legal or beneficial interest in the agency business. At least one of the named persons shall possess an Electrical Inspector's license, issued by the Department for a period of no less than one year.
(.2) The experience of the inspectors, and the description of the training programs for inspectors and other personnel, together with all supporting data for the Department to determine the qualifications of the agency to engage in the business of electrical inspections.
(.3) The location and phone number of the place of business.
(.4) The agency's Philadelphia Business Privilege License 1166 number and City tax identification number.
(b) Proof of liability insurance, in the minimum amount of one million dollars ($1,000,000), to satisfy claims or judgments of property damage and/or personal injury arising out of any negligence of the agency in the performance of its duties.
(c) Proof of Workman's Compensation Insurance in the statutory amount.
(d) Proof of completion of at least 12 hours per year by the agency principals in continuing education course work or seminars on the then-current edition of NFPA 70 at an 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) General Requirements.
(a) No electrical inspection agency shall be permitted to inspect or file an inspection report with regard to electrical work performed by any individual, association, or company in which any of the agency employees or officers has any financial interest or family relationship.
(b) The agency employee to whom the inspectors report and who will offer the inspectors technical assistance and technical supervision shall be a licensed Electrical Inspector. If the agency operates out of more than one office, there shall be at least one licensed Electrical Inspector supervising each office. Whenever inspectors are divided into squads or teams for the purpose of technical supervision, there shall be at least one licensed technical supervisor or manager for each team. The person who makes the final technical decisions on electrical matters for the agency shall be a licensed Electrical Inspector.
(c) In connection with its inspection of any work, the agency shall furnish to the Department:
(.1) Written notification of the start of the job within one week following the start;
(.2) Details of any non-compliance with the electrical code; and
(.3) A duplicate copy of the agency's final approval of the work within 30 days of issuance.
(d) The final approval shall include:
(.1) Electrical work performed;
(.2) The date or dates of inspection;
(.3) The name of the installer;
(.4) The name of the inspector; and
(.5) Certification of compliance with the National Electrical Code.
(e) Each agency shall maintain and furnish to the Department a current list of the names, addresses and telephone numbers of the agent upon whom process may be served, and of the responsible officials and employees who may be contacted in connection with routine matters during normal working hours.
(f) Each agency shall notify the Department of any inspection personnel changes and shall furnish the name, address and qualifications of all new inspectors and supervisors to the Department within 72 hours of their appointment.
(g) The agency shall provide written notification to the Department, within two working days, of a violator's refusal to promptly correct any electrical violation.
(h) No electrical inspection shall be performed by the agency unless the applicant for the inspection has produced a valid electrical permit, when a permit is required by this Code. Each agency shall, within two working days, notify the Department of a request to inspect electrical work for which a permit is required but no permit has been issued.
(i) Each agency shall provide adequate supervision, so that the inspectors are prompt and diligent in discharging their duties. Each agency shall keep records of all its inspectors and business handled within the City available for inspection during normal working hours. No electrical inspection agency shall employ as an inspector, to perform work in the City, anyone who is not licensed by the Department as an electrical inspector.
(j) The agency shall keep a permanent record of all activities relating to its construction code enforcement, as required by the Pennsylvania Uniform Construction Code.
(5) Approval. Electrical Inspection Agencies shall be approved by the Department as to qualifications, method of operation, completeness of inspection activity and type of report prior to acceptance of any certificate of inspection. The Department shall reserve the right to re-inspect, approve or reject the certification of any inspection agency.
(6) Renewal Limitation. No license shall be renewed if the licensee is delinquent in City of Philadelphia business taxes.
(7) The Department may establish additional qualifications for license and renewal of license by regulations promulgated pursuant to this Section.
Notes
| 1166 | Note that "business privilege license" was changed to "commercial activity license" by Bill No. 110758 (approved December 21, 2011), effective May 1, 2012. |
(1) License Required. No person shall engage in the trade as an electrical inspector without first securing a license from the Department.
(2) Requirements for License. Applicants for a license shall establish at least the following qualifications to perform or supervise electrical inspection work. The Department may require additional qualifications by regulation.
(a) The applicant shall have been employed in the electrical field, or have equivalent practical experience, for a period of not less than six years preceding the time of such application, or shall otherwise establish to the satisfaction of the Department that the applicant has the necessary educational background and experience to qualify for the examination for a license. 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 six years of practical experience.
(b) The applicant for a license or a renewal of a license shall have completed at least 12 hours in the preceding year in course work or seminars on the then-current edition of the National Electrical Code at an 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.
(c) The applicant or licensee shall be certified by the Pennsylvania Department of Labor and Industry as an Electrical Inspector, as required by the Pennsylvania Uniform Construction Code.
(3) Required Conduct.
(a) The Department may suspend, revoke, or refuse to renew the license of any electrical inspector if the holder has:
(.1) Secured such license by misrepresentation;
(.2) Failed to maintain the qualifications required for retention of the license;
(.3) Violated any rule, regulation or administrative order of the Department;
(.4) Committed an act of gross negligence;
(.5) Approved electrical work that is not in conformance with this Code; or
(.6) Performed an electrical inspection on work completed without a valid electrical permit where such a permit is required.
(4) An applicant whose license has been revoked shall be eligible to apply for a new license after one year from the date of said revocation, upon demonstration of competence to the satisfaction of the Department, and the satisfactory completion of an examination as prescribed by the Department.
(1) Declaration of Purpose. The purpose of this Section is to provide standards for persons or agencies who perform special inspections on construction and demolition sites as required by the Building Code. The City recognizes that inadequately trained special inspectors can jeopardize public health and safety. Registered special inspection agencies and special inspectors will ensure that contractors comply with applicable industry codes and safety, therefore, the establishment of standards and qualifications for special inspection agencies and special inspectors are necessary to protect the public.
(2) Definitions.
(a) Approved Construction Documents. Any and all documents that set forth the location and entire nature and extent of construction work proposed with sufficient clarity and detail to show that the proposed work conforms to the provisions of this code and other applicable laws. Such documents will include but not be limited to shop drawings, specifications, manufacturer's instructions and standards that have been accepted by the design professional of record or such other design professional retained by the owner for this purpose.
(b) Materials. Materials, assemblies, appliances, equipment, devices, systems, products and methods of construction regulated in their use by the Building Code.
(c) Registered Design Professional. A Pennsylvania licensed and registered architect (RA) or a Pennsylvania licensed and registered professional engineer (PE).
(d) Registered Design Professional of Record. The registered design professional who prepared or supervised the preparation of applicable construction documents filed with the department.
(e) Relevant Experience. Direct participation and practice related to the underlying construction or demolition activities that are the subject of the special inspection where such participation has led to accumulation of knowledge and skill required for the proper execution of such inspection.
(f) Special Inspection. Inspection of selected materials, equipment, installation, methods of construction, fabrication, erection or placement of components and connections, to ensure compliance with approved construction documents and referenced standards as required by Chapter 17 of the Building Code or elsewhere in the code or its referenced standards.
(g) Special Inspection Agency. An approved inspection agency employing one (1) or more persons who are special inspectors and that has met all requirements of this Section.
(h) Special Inspector. An individual employed by a special inspection agency, who has the required qualifications set forth in this Section to perform or witness particular special inspections required by the code or by regulation, including but not limited to a qualified registered design professional.
(i) Supervise/Supervision. The oversight and responsible control by a registered design professional having the necessary qualifications and relevant experience to perform responsibilities associated with the special inspection. Such supervision shall include ensuring training and/or education necessary to qualify the special inspector for his or her duties, including continued training and education necessary to keep pace with developing technology.
(j) Work. The construction or demolition activity including techniques, tests, materials and equipment that is subject to special inspection.
(a) General. All agencies performing special inspections must be registered with the department as a special inspection agency for each of the special inspection categories with respect to which the agency intends to perform special inspections. Individuals performing special inspections on behalf of agencies must be registered for, and must hold and maintain the qualifications associated with, each category with respect to which the individual performs special inspections.
(b) Form and Manner of Registration. An application for registration must be submitted in a form and manner determined by the Department and must provide such information as the Department may require.
(c) Qualifications. To be registered in connection with a particular special inspection category, special inspection agencies shall meet the qualifications established by this Section.
(.1) Experience. An agency must submit documentation that it employs one or more special inspectors registered within the area of expertise for which the agency seeks to be registered.
(.2) Exception for Accredited Agencies. An agency meeting one or more of the following accreditation standards shall not be required to comply with subsection (c)(.1):
(.a) The agency maintains current accreditation as a special inspection agency by the International Accreditation Service (IAS) in that registration area;
(.b) The agency maintains current accreditation from an established accreditation entity as a special inspection agency in accordance with ASTM E329, Standard Specification for Agencies Engaged in Construction Inspection and/or Testing; or
(.c) The agency maintains current accreditation from an established accreditation entity in accordance with the International Organization for Standardization/International Electro-technical Commission (ISO/IEC) 17020, The General Criteria for the Operation of Various Types of Bodies Performing Inspection.
(.3) The agency must demonstrate that it meets the requirements of subsections (3)(d) and (e).
(c.1) Special inspectors must meet the relevant qualifications of subsection 9-1306(7) to be registered in a special inspection category. Those registered must hold and maintain the qualifications associated with the category for which they are registered.
(d) Insurance. All special inspection agencies must have the following insurance coverage:
(.1) Professional liability/errors and omissions insurance policy for the minimum amount of five hundred thousand dollars ($500,000), claim-based, for the term of the registration.
(.2) Insurance required by the provisions of the Pennsylvania Workers' Compensation laws.
(e) Agency Structure. A special inspection agency must have at least one primary operational manager who is a registered design professional or a registered special inspector and all special inspections must be performed under that person's direct supervision. Such person must not be retained by any other agency that provides special inspection or testing services, must possess relevant experience in the inspection and testing industry and hold a management position in the agency.
(f) Audits. The operations of special inspectors and special inspection agencies will be subject to audit by the department at any time. Audits may involve the examination of applications for registration as well as the performance and documentation of special inspections.
(g) Registration Term. The term of a registration is three (3) years.
(h) Renewal. Registration renewal may be precluded where there has been a finding by the Department that any special inspection or test conducted by the special inspector or special inspection agency has not been performed in accordance with the requirements set forth in the code, applicable reference standards or the rules of the department, or where there has been a finding by the Department of fraud or misrepresentation on any document or report submitted to the department by the special inspector or special inspection agency. No special inspector or special inspection agency will perform an inspection or test with an expired or lapsed registration.
(4) Duties.
(a) Availability and Compliance. A special inspector and/or special inspection agency shall have responsibilities as set forth in Chapter 17 of the Building Code and elsewhere in the Codes where special inspections are required.
(b) Obligation to Avoid Conflict of Interest. A special inspector and/or a special inspection agency must not engage in any activities that may conflict with their objective judgment and integrity, including but not limited to having a financial and/or other interest in the construction, installation, manufacture or maintenance of structures or components that they inspect. It is not, in and of itself, a conflict of interest for a registered design professional of record to perform a special inspection on the project he or she designed.
(c) Approved Construction Documents. The special inspector and/or special inspection agency shall:
(.1) Examine all approved construction documents that relate to the work that is the subject of the special inspections.
(.2) Confirm that the documents are sufficient to enable the proper performance of the special inspection.
(.3) Confirm that the documents are acceptable to the registered design professional of record or another design professional who prepared the documents for the construction of the job. Acceptance shall be demonstrated in writing by the design professional on the documents.
(.4) Confirm that the work that is the subject of the special inspection is in compliance with all relevant approved construction documents and with Chapter 17 of the Building Code and the remainder of Title 4.
(d) Reporting. The special inspection agency shall report any discrepancies noted during the inspection to the contractor and when applicable to the superintendent of construction, as well as to the site safety coordinator or site safety manager, for correction. If the discrepancies are not corrected, the discrepancies shall be brought to the attention of the owner, and the registered design professional of record prior to the completion of that phase of the work. The special inspector/special inspection agency shall immediately report conditions noted as hazardous to life, safety or health, to the attention of the Department. 1169
(e) Documentation.
(.1) The supervisor shall review special inspection progress reports and final reports for conformance with the approved plans, specifications and workmanship provisions of Chapter 17 of the Building Code and the remainder of Title 4. Such supervision and control shall be evidenced by the supervisor's signature and seal upon any required statements, applications and/or reports.
(.2) The principal of the special inspection agency shall file with the department within ten (10) days of satisfactory completion of any special inspection, notice of such completion on the forms and in the manner required by the department.
(.3) A special inspection agency shall maintain records of special inspections on a job-by-job basis for at least seven (7) years and shall make such records available to the department upon request. Such records shall include field logs, test results, laboratory reports, notes, noted deficiencies and dates of cures of such deficiencies, photographs and such other information as may be appropriate to establish the sufficiency of the special inspection.
(f) Obligation to Cooperate with Inquiries. All special inspectors and/or special inspection agencies shall cooperate in any investigation by the department, or other city or law enforcement agency, into the activities at any job site or fabricating/ manufacturing facility for which they have been designated a special inspector or special inspection agency and shall provide prompt, accurate and complete responses to reasonable inquiries by the department and other appropriate agencies about the conduct of such business.
(g) All special inspection agencies must ensure that the special inspectors employed by the agency meet the qualification requirements set forth in this Section and perform special inspections only within the area of expertise for which such special inspectors are qualified. 1170
(5) Disciplinary Actions.
(a) Suspension or Revocation of Registration and Refusal to Accept Filings. The Department may suspend or revoke a special inspection agency registration, with or without the imposition of penalties, for violation of any provision of the code. The Department may refuse to accept any application or other document submitted pursuant to or in satisfaction of any requirement of this Section or of Chapter 17 of the Building Code or any regulation of any agency that bears the signature of any special inspector who has been found to have knowingly or negligently made a false statement or to have knowingly or negligently falsified or allowed to be falsified any certificate, form, signed statement, application, report or certification of the correction of a violation required under the provisions of this Chapter, the code or any regulation.
(b) Stop Work and Suspension of Permits. Upon any suspension or revocation of registration, unless replaced by another registered special inspector and/or special inspection agency within five (5) business days of such suspension or revocation, all construction or demolition projects on which the special inspector and/or special inspection agency whose registration was suspended or revoked is designated, shall be stopped and the permits shall be suspended until such time as a duly registered special inspector and/or special inspection agency is designated to re-inspect such tests or such inspections performed by the disciplined special inspection agency.
(6) Penalties. Notwithstanding any other provision of this Title, any person who violates any provision of this Section 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. The penalties set forth herein are in addition to any other penalty that may be imposed under any other law.
(7) Special Inspection Categories and Qualifications. 1171 Special inspection work in the following area regulated by Chapters 17 and 33 of the Building Code requires registration pursuant to this Section. Engineers and/or Geologists-in-Training licensed with the State of Pennsylvania shall be under the direct supervision of the registered engineer for the specific field of inspection listed.
(a) Demolition. Qualifications to be registered to perform special inspections of demolition activities.
(.1) Primary Inspector or Inspection Supervisor: Must be a professional engineer (Civil or Structural) and have a minimum of one year relevant experience.
(.2) To be a Supplemental Inspector, must work under the direct supervision of a Primary Inspector or Inspection Supervisor and:
(.a) Must have completed a 30-hour program designed by the United States Occupational, Safety and Health Administration ("OSHA") under its Outreach Training Program for the Construction Industry for additional training of supervisors and workers and have a minimum of 3 (three) years of relevant experience; or
(.b) Must have certification/ approval of completion of an OSHA course regarding 29 C.F.R. 1926 Subpart T - Demolition standards and applicable 29 C.F.R. 1910 standard and have a minimum of 3 (three) years of relevant experience.
(b) Underpinning. Qualifications to be registered to perform special inspections of the underpinning of structures.
(.1) Primary Inspector or Inspection Supervisor: Must be a professional engineer (Civil or Structural) and have a minimum of one year relevant experience.
(.2) To be a Supplemental Inspector, working under the direct supervision of an Inspection Supervisor, must have a Bachelor's Degree in Civil or Structural Engineering from an accredited institution or an equivalent degree and a minimum of two years of relevant experience.
(c) The Department is authorized to develop regulations regarding the qualifications of individuals authorized to perform special inspections in special inspection categories pursuant to requirements of the Building Code.
Notes
| 1167 | |
| 1168 | Amended, Bill No. 150472 (approved June 30, 2015). |
| 1169 | Amended, Bill No. 150472 (approved June 30, 2015). |
| 1170 | Added, Bill No. 150472 (approved June 30, 2015). |
| 1171 | Added, Bill No. 150472 (approved June 30, 2015). |