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PHILADELPHIA HOME RULE CHARTER
THE PHILADELPHIA CODE
TITLE 1. GENERAL PROVISIONS
TITLE 2. CITY-COUNTY CONSOLIDATION
TITLE 3. AIR MANAGEMENT CODE
TITLE 4. THE PHILADELPHIA BUILDING CONSTRUCTION AND OCCUPANCY CODE
TITLE 4.1. ELECTRICAL CODE
TITLE 4.2. PROPERTY MAINTENANCE CODE
TITLE 5. FIRE PREVENTION CODE
TITLE 6. HEALTH CODE
TITLE 7. HOUSING CODE
TITLE 8. PLUMBING CODE
TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS
CHAPTER 9-100. GENERAL PROVISIONS
CHAPTER 9-200. COMMERCIAL ACTIVITIES ON STREETS
CHAPTER 9-300. COMMUNICATION
CHAPTER 9-400. CARRIERS
CHAPTER 9-500. BOILERS, FUEL, HEAT AND REFRIGERATION
CHAPTER 9-600. SERVICE AND OTHER BUSINESSES
CHAPTER 9-700. AMUSEMENT BUSINESSES
CHAPTER 9-800. LANDLORD AND TENANT
CHAPTER 9-900. PROFESSIONS
CHAPTER 9-1000. TRADES
CHAPTER 9-1100. FAIR PRACTICES ORDINANCE: PROTECTIONS AGAINST UNLAWFUL DISCRIMINATION
CHAPTER 9-1200. CONDOMINIUM AND COOPERATIVE CONVERSIONS
CHAPTER 9-1300. INSPECTION BUSINESSES
CHAPTER 9-1400. WEIGHTS AND MEASURES
CHAPTER 9-1500. NOTIFICATION OF INTENTION TO CLOSE OR RELOCATE OPERATIONS
CHAPTER 9-1600. PROHIBITION AGAINST UNLAWFUL EVICTION PRACTICES
CHAPTER 9-1700. REQUIRED POLICY FOR EMPLOYERS WITHIN THE CITY OF PHILADELPHIA REGARDING ASPECTS OF TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS
CHAPTER 9-1800. PROTECTING PHILADELPHIA'S RESTAURANTS DURING THE COVID-19 PANDEMIC
CHAPTER 9-1900. FIRE INSURANCE ESCROW ACCOUNTS: MUNICIPAL CERTIFICATE REQUIRED PRIOR TO PAYMENT OF FIRE LOSS CLAIMS
CHAPTER 9-2000. SALE OF MALT OR BREWED BEVERAGES
CHAPTER 9-2100. CIGARETTE VENDING MACHINES
CHAPTER 9-2200. EXPEDITERS
CHAPTER 9-2300. PROTECTION OF DISPLACED SERVICE EMPLOYEES
CHAPTER 9-2400. PROHIBITION AGAINST PREDATORY LENDING PRACTICES
CHAPTER 9-2500. FIRE SUPPRESSION SYSTEM WORKERS
CHAPTER 9-2600. PLANNED EVENT PERMITS
CHAPTER 9-2700. SALES OF ALCOHOL; VERIFICATION OF AGE
CHAPTER 9-2800. UNIVERSITIES, PROPERTY OWNERS OR MANAGERS AND STUDENTS
CHAPTER 9-2900. TAKE-OUT SALE OF MALT AND BREWED BEVERAGES
CHAPTER 9-3000. SHEET METAL TECHNICIAN
CHAPTER 9-3100. USE OF MERCURY IN DENTISTRY
CHAPTER 9-3200. ENTITLEMENT TO LEAVE DUE TO DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING
CHAPTER 9-3300. USE AND INSPECTION OF TOWER AND MOBILE CRANES IN CONSTRUCTION
CHAPTER 9-3400. ENERGY CONSERVATION
CHAPTER 9-3500. FAIR CRIMINAL RECORD SCREENING STANDARDS
CHAPTER 9-3600. AGENTS AND SHERIFF'S SALES
CHAPTER 9-3700. BOUNCERS
CHAPTER 9-3800. ELECTRIC FENCES
CHAPTER 9-3900. PROPERTY LICENSES AND OWNER ACCOUNTABILITY
CHAPTER 9-4000. AUTOMATED PURCHASING MACHINES
CHAPTER 9-4100. PROMOTING HEALTHY FAMILIES AND WORKPLACES
CHAPTER 9-4200. DONATION BINS
CHAPTER 9-4300. WAGE THEFT COMPLAINTS
CHAPTER 9-4400. RESPONSIBLE BUSINESS OPERATIONS
CHAPTER 9-4500. PROTECTIONS FOR DOMESTIC WORKERS
CHAPTER 9-4600. FAIR WORKWEEK EMPLOYMENT STANDARDS
CHAPTER 9-4700. WRONGFUL DISCHARGE FROM PARKING EMPLOYMENT
CHAPTER 9-4800. RESPONSIBILITIES CONCERNING BED BUG INFESTATION
CHAPTER 9-4900. PROHIBITION ON USE OF CERTAIN BAGS BY RETAIL ESTABLISHMENTS
CHAPTER 9-5000. EMPLOYEE PROTECTIONS IN CONNECTION WITH COVID-19 EMERGENCY HEALTH ORDER
CHAPTER 9-5100. FOOD DELIVERY SERVICES
CHAPTER 9-5200. RESIDENTIAL PROPERTY WHOLESALERS
CHAPTER 9-5300. TRAVEL AND HOSPITALITY WORKER RECALL AND RETENTION
CHAPTER 9-5400. RETENTION OF HOTEL WORKERS
CHAPTER 9-5500. PROHIBITION ON TESTING FOR MARIJUANA AS A CONDITION FOR EMPLOYMENT
CHAPTER 9-5600. WORKFORCE AND CAREER PATHWAYS INFORMATION SHEET
CHAPTER 9-5700. LEASING OF COMMERCIAL PROPERTY
CHAPTER 9-5800. TANGLED TITLE DISCLOSURE
CHAPTER 9-5900. PROHIBITION ON CERTAIN GAMING AND SKILL-BASED DEVICES
CHAPTER 9-6000. EMPLOYEE COMMUTER TRANSIT BENEFIT PROGRAMS
CHAPTER 9-6100. MOTOR VEHICLE SALVAGING, DISMANTLING, RECYCLING, OR REPAIRING
CHAPTER 9-6200. TRESPASSING IN RETAIL ESTABLISHMENTS
CHAPTER 9-6300. CONSUMER PROTECTION ORDINANCE
CHAPTER 9-6400. OPERATION AND MAINTENANCE OF ELECTRIC VEHICLE CHARGING STATIONS
TITLE 10. REGULATION OF INDIVIDUAL CONDUCT AND ACTIVITY
TITLE 11. STREETS
TITLE 12. TRAFFIC CODE
TITLE 13. WATER AND SEWER
TITLE 14. ZONING AND PLANNING
TITLE 15. PARKS AND RECREATION
TITLE 16. PUBLIC PROPERTY
TITLE 17. CONTRACTS AND PROCUREMENT
TITLE 18. COMMERCE AND AVIATION
TITLE 19. FINANCE, TAXES AND COLLECTIONS
TITLE 20. OFFICERS AND EMPLOYEES
TITLE 21. MISCELLANEOUS
TITLE 22. PUBLIC EMPLOYEES RETIREMENT CODE
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§ 9-2804. Vehicle Identification Requirement.
   (1)   In order to assist the college or university in its efforts to: contact students in order to notify them of matters involving danger or threats to health, safety or the general welfare; respond to local or national emergencies; or respond to any lawful government inquiry, each college or university that has a substantial portion of its facilities located in whole or in part in an Educational Housing District shall require that its students either provide the college or university with the model, make, and license number of any vehicles owned, operated or controlled by such student, and a copy of a current registration and valid insurance certificate for each such vehicle, or certify in writing that the student does not own, operate or control a vehicle. The college or university shall certify in writing to the Police Department by October 1 of each year that the college or university has obtained either the required information or the written certification from at least ninety-five percent (95%) of all of its students and shall maintain the privacy and security of all such information in accordance with the general policies, procedures and operations of the college or university regarding student data and information.
   (2)   The college or university shall issue to each student who provides information regarding vehicle ownership, operation or control a sticker as evidence that such information has been provided to the university. Such sticker shall identify the issuing college or university.
   (3)   Any student issued such sticker shall affix it to his or her college or university issued identification card.
   (4)   The penalty for a college or university's failure to comply with the provisions of this Section, or for a student's failure to provide accurate information or certification to his or her college or university, or a student's failure to affix such sticker once issued shall be a fine of not less than fifty dollars ($50) nor more than one hundred fifty dollars ($150). A college or university may not be penalized for failing to issue a sticker to a student who does not provide the required information regarding any vehicle owned, operated or controlled by such student. Each day of non-compliance shall constitute a separate violation.
   (5)   Any person authorized to serve parking tickets pursuant to Chapter 12-2800 of this Code who serves a parking ticket in connection with a car located in an Educational Housing District that is identified as belonging to a student for any parking violation under Title 12, The Traffic Code, including but not limited to violations such as parking in or blocking a driveway, parking on the sidewalk or parking within fifteen feet of a fire hydrant, shall also serve a copy of the ticket to the college or university which has issued sticker reflecting that the car belongs to a student.
   (6)   The college or university served such copy of the parking ticket shall maintain a list of the number of such violations by student and owner and by vehicle. The college or university shall develop a policy, which shall be provided to the Police Department, regarding notification to the college or university student disciplinary body for violations of the provisions under Title 12, The Traffic Code. A college or university shall not disclose any information to any person regarding actions taken by or final decisions made by a college or university student disciplinary body except as provided by law. Within ten (10) days of receipt of a third notice of parking violation by a student, the college or university shall provide to the Police Department notice as to whether the college or university student disciplinary body has been notified of such third notice of parking violation. A college or university shall not disclose any information to any person regarding actions taken by or final decisions made by a college or university student disciplinary body except as provided by law.
   (7)   The university or college shall be notified of the towing of any car for which it has issued a sticker that is subject to towing pursuant to Section 12-2405.1 of the Code, provided, however, that any person who incurs a cost for the removal or towing of any vehicle, pursuant to this subsection, for which a college or university has issued a sticker shall recover such costs from the student or person who owns, operates or controls such vehicle and shall notify the college or university of such costs incurred related to the removal or towing of a vehicle for which the college or university issued a sticker.
§ 9-2805. Zoning Compliance. 1228
   (1)   No student may live in an Educational Housing District in any dwelling which is in violation of the Zoning Code or lacks any license or certificate required by subsection 9-3902(1) (relating to licensing), including any dwelling in which more than three unrelated persons are living as a single household unit. Nothing in this Section shall relieve a property owner from any liability or duty to comply with any applicable provision of the Zoning Code or subsection 9-3902(1), and whenever a student is served with a notice of violation pursuant to this subsection, the property owner shall also be served with a notice of violation.
   (2)   Notwithstanding any other provision of this Code, if a property owner is finally determined to have violated the provisions of this Section with respect to a property two or more times within any three year period, any (a) subsequent violation of this Section with respect to such property; (b) failure to pay any fine or cost imposed for a prior violation of this Section with respect such property; or (c) failure to comply with a remedial order under this Section with respect to such property; shall result in the immediate revocation of all licenses and certificates issued for such property pursuant to subsection 9-3902(1). For purposes of this subsection (2), 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. No license or certificate under subsection 9-3902(1) shall be issued with respect to such property for three years after revocation under this subsection (2), except to a subsequent owner of the property who presents proof of payment of City and state realty transfer tax on the transaction in which such subsequent owner obtained the property. Review of the revocation of a license or certificate pursuant to this subsection (2) shall be pursuant to Section A-801 of the Administrative Code.

 

Notes

1228
   Amended, Bill No. 100613 (approved August 9, 2011); amended, Bill No. 140856 (approved December 19, 2014), effective July 1, 2015.
§ 9-2806. Lease and Other Property Owner or Manager Requirements.
   (1)   Upon notification to a property owner or manager by a student pursuant to Section 9-2802 that the lessee or tenant of a residence located in an Educational Housing District is a student, the property owner or manager shall:
      (a)   provide the student with a copy of Chapters 10-1800 and 9-2800 of this Code;
      (b)   determine, by September 1 of each year and maintain a current list of, the name and address of each student lessee or tenant to the college or university at which the student is enrolled if such college or university has a substantial portion of its facilities located in an Educational Housing District and provide, upon the written request of a college or university, a verification of the student(s) who resides at such property; and
      (c)   determine whether the student lessee or tenant owns, operates or controls a vehicle kept at or near the leased property, and, if the student owns, operates or controls one or more vehicles, determine the year, make, license tag number and model of the vehicle. The property owner or manager shall provide the college or university at which the student is enrolled the information regarding the vehicle he or she obtains, if the college or university requests in writing a verification of vehicles owned, operated or controlled by students enrolled in such college or university.
   (2)   The property owner or manager shall include in any lease with a student for a property in an Educational Housing District a provision stating that, if the student is determined to be in violation of any of the provisions referenced in Section 10-1802 three times during any one year period in connection with conduct at the residence leased to the student, the property owner or manager has cause to evict the student from the property. The lease shall also include a provision stating that the student has received a copy of the referenced Chapters of the Code and has read them, which provision must be specifically signed by the student. Nothing in this subsection shall prevent the property owner or manager from invoking any lawful remedies under the lease or otherwise, including eviction at any time upon violation of any lease provision, as may be permitted by law based on the behavior of the student.
   (3)   At the time the lease is signed, the property owner or manager shall ask, and the student tenant shall provide, the names of all individuals residing, on a full or part-time basis, at the property. The names of all such residents shall be specifically stated in the lease and, after the lease is signed, must be added to the lease within 5 days of the individual becoming a resident of the property. The property owner or manager shall, by September 1 of each year, provide the name and address of each student residing at the property, including the student lessee, to the college or university at which such student is enrolled, and shall provide the college or university updated information upon receiving it from the student residents of the property, upon the written request of the college or university.
§ 9-2807. Cooperation with Enforcement Officials.
   Upon request by an appropriate official, a college or university shall provide such information as may be necessary to protect health, safety, assist in a crisis or emergency, or to carry out any other purpose of this Chapter, provided however that no college or university shall be required to take any action or provide any information that would violate the Family Educational Rights and Privacy Act or any other provision of City, state or federal law.
§ 9-2808. Reporting Requirement.
   By November 1 of each year, the Managing Director or his or her representative shall provide the following information in a report to the Mayor and the President of City Council, with a copy to the Chief Clerk of City Council:
   (1)   Which colleges and universities have complied with the address certification requirement of Section 9-2802;
   (2)   Which colleges and universities have complied with the vehicle certification requirement of Section 9-2804;
   (3)   A listing of the numbers and types of violations of the provisions referenced in Section 10-1802 and Title 12, The Traffic Code for which violation notices were served on students in the Educational Housing District in the 12 month period between October 1 of the preceding year and September 30 of the current year, segregated by the school attended by such students; and
   (4)   A listing of all buildings at which three or more violations of the provisions referenced in Section 10-1802 have occurred in the 12 month period between October 1 of the preceding year and September 30 of the current year;
   (5)   A listing of all buildings for which application has been made in the 12 month period between October 1 of the preceding year and September 30 of the current year for certification of inspection by the Department of Licenses and Inspection under subsection 9-3902(1)(a) in order to obtain or renew a multi-family dwelling license. Such listing shall identify the buildings inspected by the Department and the buildings for which certification has been provided. In connection with buildings that have been inspected, but for which certification has not been issued, the listing shall include a description of the violations of Building Construction and Occupancy Code requirements that prevented certification and a description of the actions that must be taken by the owner of the structure to obtain certification; 1229
   (6)   A listing of all buildings for which security and parking plans and telephone contact information have been submitted pursuant to Section 9-2809. 1230

 

Notes

1229
   Amended, Bill No. 140856 (approved December 19, 2014), effective July 1, 2015.
1230
   Added, Bill No. 020484 (approved October 16, 2002).
§ 9-2809. Student Supervision Requirement. 1231
   (1)   In an Educational Housing District, unless a property owner or manager complies with the provisions of subsection (2), no property owner or manager may:
      (a)   permit more than twenty-five students to live in any residential building; or
      (b)   permit students to live in more than twenty-five percent (25%) of the units in any building with more than six residential units, unless there are fewer than six students living in the building.
   (2)   A property owner or manager subject to the provisions of this subsection pursuant to the provisions of subsection (1) shall either comply with the following or enter into a master lease with a college or university pursuant to which such college or university leases from the property owner or manager all units occupied by students who attend the college or university and the students sublease the units from the college or university:
      (a)   ensure that adult supervisors acting as agent for the property owner or manager live in the building, according to the following schedule:
         (.1)   For a building with fewer than 18 students, one adult supervisor;
         (.2)   For a building with 18 to 29 students, two adult supervisors;
         (.3)   For a building with 30 students, three adult supervisors, plus one additional adult supervisor for every 12 additional students;
         (.4)   A property owner or manager may substitute one building manager for the first required adult supervisor, but not for any other required adult supervisors;
      (b)   require the adult supervisors to supervise the conduct of residents in the building to prohibit violation of this Code or any other provision of law;
      (c)   provide to the Police Department by the September 1 of each year a security plan for the area within the building and an area around the building of no less than three hundred (300) feet;
      (d)   provide to the Police Department by September 1 of each year a parking plan for cars owned, operated or controlled by the residents of the building setting forth the number of cars owned by such residents, the number of private parking spaces located at the building premises, and describing the availability of on-street parking in the near vicinity of the building; and
      (e)   provide the Department of Licenses and Inspections with current daytime, nighttime, weekend and emergency telephone numbers where the owner of the building, the adult supervisor(s) and building manager can be contacted at all times.
   (3)   A college or university that rents property under a master lease that satisfies a property owner's or manager's obligations pursuant to subsection (2) must:
      (a)   ensure that resident advisors, student supervisors or similar persons selected, trained and approved by the college or university live in the building in numbers based on the standards and criteria used by the college or university to determine the ratio of supervisors-to-students in housing owned, managed or operated by the college or university. A resident advisor, student supervisor or other similar person may be a student;
      (b)   impose on such advisors the responsibilities that a resident advisor, student supervisor or similar person has in the on-campus student dormitories of such university or college;
      (c)   apply the provisions of the college or university's student code of conduct and student disciplinary policy to all student conduct at such building as if the building were a college or university dormitory;
      (d)   comply with the requirements set forth in subsections (2)(c) and (d); and
      (e)   provide the Department of Licenses and Inspections with current daytime, nighttime, weekend and emergency telephone numbers where appropriate college or university officials responsible for student housing, student affairs and student safety, as well as the resident advisor(s), student supervisor(s) or other similar person(s) residing at the building can be contacted at all times.

 

Notes

1231
   Added, Bill No. 020484 (approved October 16, 2002).