L&I Newsletter - November 2022



Announcement / Engagement

L&I welcomes new class of inspectors to the training program


On Tuesday, November 29th the Department of Licenses & Inspections welcomed the newest class of inspectors to our training program. Upon successful completion of the training and certification process, eligible candidates will fill positions in the Code Enforcement and Construction Inspections Units.


L&I information sessions


The Department of Licenses and Inspections is offering regular information sessions to assist stakeholders in navigating L&I processes and keeping abreast of code changes. A list of current offerings is provided below. Customers can also sign-up for this and future webinars under the “Events” section of the L&I homepage (www.phila.gov/li).


  • Excavation Contractor License Requirements and Department Enforcement Webinar - The rules and requirements for excavation are changing in 2023. In this presentation, the Audits and Investigations Unit will explain license application and worksite requirements related to the new excavation contractor license. Learn how to get an excavation contractor license, when one is needed, and how the Department will be enforcing the new excavation-related Code requirements. This presentation is intended for both excavation subcontractors and any contractor that may perform excavation through a subcontractor. This session will be held from 9:00 a.m. – 10:00 a.m. on Wednesday, December 14, 2022, via Zoom. Please register if you are interested in attending this webinar.


Note: Capacity is limited and, in order to accommodate all stakeholders, we ask that you only register if you plan on attending the session and, if your circumstances change, please cancel your registration.



L&I annual report card summary


We have completed our 5th annual Report Card evaluation to understand from experienced professionals how L&I is performing as a whole and what process improvement opportunities exist for the Department. Please review the report card summary and related plans for continued improvement. 



Permit wizard pilot program is coming soon


The Permit Wizard Pilot for commercial storefront and residential fit-outs will begin in the new year. Several City departments collaborated to test out a new system for homeowners and businesses to easily access the information they need when undertaking a new project. The goal is to make information about permits and licenses required for smaller residential and commercial projects more accessible, educational and centrally available. This new system will walk users through an adaptive, plain-language questionnaire that creates a custom list of requirements and associated fees for each selected project. If the pilot project is successful, the system may scale up to include additional project types.

 

Stay tuned for more information on the implementation and opportunities to provide feedback.



Property tax relief webinar


On Monday, December 12, the Division of Housing and Community Development Neighborhood Advisory Committees and the Office of Community Empowerment and Opportunity are hosting a one-hour webinar to help Philadelphia residents get help with their property taxes.

 

Learn about programs offered by the City of Philadelphia to assist homeowners with their property taxes. This webinar will cover programs such as the Homestead Exemption, Longtime Owner Occupants Program, Senior Tax Freeze, Owner Occupied Real Estate Tax Payment Agreement, and more. To register for the webinar, click here.



Permitting


New permitting requirements take effect on January 1


The provisions of Bill Nos. 210389 and 220008 become effective on January 1, 2023. These new code requirements will have a significant effect on new construction, demolition, and structural alteration permits filed on or after January 1, 2023 and include the following:

 

Excavations


Protection of Property

  • New requirements for pre-construction assessments, special inspections, and notification to affected property owners apply to construction or demolition that may impact adjacent property, including:
  1. Excavation work more than 5 feet below adjacent grade and within 10 feet of an adjacent building or structure.
  2. Excavation, demolition, or construction work where historic structure is within 90 feet on the same or adjacent parcel.
  3. Modification to a party wall, including demolition, joist replacement, and additions.
  4. Severing of structural roof or wall covering spanning properties.

 

In an effort to assist applicants through these new permit requirements, L&I has created the following information sheets:

  • Pre-Construction Survey information sheet
  • Monitoring Plan information sheet
  • Notification to Adjacent Owner information sheet


The requirements for pre-construction assessment and special inspections also apply to historic buildings undergoing structural alteration, excluding one -and -two family dwellings.

 

Demolition

  • In addition to the standard Protection of Property requirement, L&I will begin stricter enforcement of backfilling and wall covering provisions that will impact construction sequence. Refer to Code Bulletin B-2203: Demolition Permit Requirements for more information.
  • A new Party Wall Protection EZ Permit will become available on January 1. This permit will be required prior to the approval of a demolition permit that involves exposure of a party wall.


Review slides from past webinars on the Resources page of our website and keep an eye out for future information sessions.



Rescission of 2021 Accessibility provision


The Pa Department of Labor and Industry (Pa DLI) has announced that, on October 26, 2022, the Commonwealth Court issued an opinion in Pennsylvania Builders Association v. Department of Labor and Industry, which permanently enjoined enforcement of the 2021 accessibility updates to the Uniform Construction Code. Pa DLI has determined that enforcement of the 2021 accessibility provisions shall cease immediately and the 2018 accessibility standards in effect prior to December 25, 2021, shall remain in effect.


Pursuant to the requirements of the Pa Uniform Construction Code, the Department of Licenses and Inspections (L&I) began mandatory enforcement of the 2021 accessibility provisions for applications received on or after July 1, 2022. In accordance with the recent directive of Pa DLI, Code Bulletin B-2101: Implementation of 2021 International Code Accessibility Provisions was rescinded on Oct 31, 2022 and the City of Philadelphia reverted to the accessibility provisions contained in the 2018 International Codes.


Permits issued and reviewed under the 2021 accessibility provisions shall remain in effect and construction must proceed in accordance with approved permit documents. If an owner wishes to build to lesser accessibility requirements contained in the 2018 International Codes, an application to amend the permit must be filed.


Please refer to L&I’s FAQ on Significant Changes to the Accessibility Provisions of the 2021 International Codes for more information on affected code sections.


As a reminder, the issuance of a building permit does not affirm that a property is federally compliant with the Americans with Disabilities or Fair Housing Acts. The owner remains responsible for ensuring property complies with all local, state, and federal requirements.



Discontinued 3" water and fire service connections


PWD suppliers have discontinued manufacture of 3” ductile pipe; therefore, 3” domestic and fire service connections shall no longer be permitted. If you already have an active L&I plumbing or fire suppression permit which includes a 3” connection, please obtain your PWD connection permit as soon as possible.


Applicants with approved 3” connections on their Utility Plans who have not obtained a connection permit OR a plumbing / fire suppression permit must submit a Utility Plan Field Change to PWD to modify the pipe size.


Note: While the 3” service size will remain available for selection on eCLIPSE plumbing and fire suppression applications until the system can be updated, L&I cannot approve any permit applications with a 3” service. We apologize for any confusion that the delayed eCLIPSE update may cause.



On-site landscape and tree requirements for development


The City Planning Commission and the Department of Parks and Recreation have published a Tree In-Lieu Fee Payment Fact Sheet to summarize provisions relating to the waiver of certain tree planting requirements and establish payment process, pursuant to Bill No. 220414.


Review sections 14-705(1) and 14-803(5) of the Philadelphia Code and the Section 9.4 of the City Planning Commission regulations for complete information relating to on-site landscape and tree requirements associated with development.


The Philadelphia City Planning Commission provides prerequisite approval of zoning permits regarding the on-site landscape and tree requirements of Sections 14-705(1) with the following exception:


  • Applications limited to site-clearing only are reviewed by Licenses and Inspections for compliance with Section 14-705(1) and associated regulations of the Philadelphia City Planning Commission. Please visit our website for additional requirements for the new Zoning Site Clearing or Earth Disturbance Permit.  



New special inspection form


The Statement of Special Inspections form has been revised to incorporate new category for structural stability and to better identify the special inspection license category that must be entered into online applications. The new form shall be mandatory for all applications filed on or after January 1, 2023




Licensing


Upcoming OSHA 3015 training for excavation contractor license


The Excavation Contractor License requires the identification of at least one site safety manager that has completed the OSHA 3015 Excavation, Trenching, and Soil Mechanics Course or an approved alternative.

 

The Mid-Atlantic OSHA Training Institute Education Center is offering OSHA 3015 courses at the following locations:


  • Westminster, MD: December 12th – 14th
  • Norristown, PA: January 9th – 11th
  • Baltimore, MD: February 27th – March 1st

 

You may also call 1-800-875-4770 to arrange a private session for your company or organization. Keep an eye on our website for approved alternate programs. The Department has begun accepting applications for alternative programs and will post authorized training programs, as they are approved.

 

As a reminder, this license will be required to perform excavations more than 5’ below adjacent grade (excluding utility trenches and exploratory investigation) under an excavation permit issued on or after January 1, 2023. A licensed excavation contractor must be identified to obtain an excavation permit.



Streetery pre-requisite approval is now available


Customers can now apply for a Streetery Pre-requisite Approval from the Department of Streets through their online form. Once you receive the Notice of Requisite Approval from the Department of Streets, you must upload a copy with your Streetery License Application with L&I. Starting December 1, 2022, L&I will begin accepting Streetery License applications through eCLIPSE.

 

If erecting a Streetery structure, a separate building permit will also be required and must comply with the provisions of Code Bulletin B-2201.


Review the Philadelphia Streetery License Guide for more information about the Philadelphia Outdoor Dining Program. You can also visit the L&I website for more information on Streetery licensing requirements.

 

Note: Temporary sidewalk café licenses and any Zoning permit for a temporary use will terminate on December 31, 2022. You must obtain a permanent Sidewalk Café License and applicable Building / Zoning Permits prior to this date, or all structures and seating must be removed.



Partners in good housing guide


The Partners in Good Housing Guide has been updated to provide additional information on the minimum health, safety, and maintenance standards for houses and apartments, and includes the rights and responsibilities of both landlords and tenants.

 


Home inspector license certification


L&I has approved the International Association of Certified Home Inspectors certification (InterNACHI) to meet the testing/ certification criteria for the Home Inspector License. 



Audits & Investigations


Enforcement priorities


AIU would like to call your attention to the following enforcement priorities:


  • Subcontracting - Subcontractors must always be licensed. They must carry a valid contractor or trade license (for trade work) whenever they are working. A subcontractor is any person or business hired to perform work authorized by a permit, who is not identified on that permit’s application as the prime (or responsible) contractor. 


  • Worker Certification - Every worker at a Philadelphia construction site must have OSHA-10 training and carry their card with them when they’re on the job. If a building more than 3 stories or 40 feet tall is being constructed or demolished, an OSHA-30 trained site safety supervisor must be on site whenever the site is active.

   

  • Excavation Practices - Any excavation more than 5 feet deep requires support in accordance with OSHA standards. Review your plans and soils investigation report carefully to ensure that your excavation is safe. For more information, please review Code Bulletin B-0503-R3: Excavations and the Protection of Adjacent Property. All excavations must comply with the Philadelphia Building Code. Finally, be sure to educate yourself on the new excavation requirements that will take effect on January 1, 2023


AIU is hosting a webinar at 9:00 a.m. on December 14, 2022 to cover license application and worksite requirements related to the new excavation contractor license. Refer to the ‘Announcement’ section of this newsletter to register for this webinar.



Violation data report


The Department issued $69,000 in license violation fines in October 2022. Of that total, $18,000 in fines were issued for the use of unlicensed subcontractors or failure to adequately disclose subcontractor usage and $12,000 were issued to contractors for using workers without the required OSHA training.



License discipline


The following license suspension was issued in November 2022:


  • Infinite Enterprises, LLC- Demolishing a property and starting new construction prior to obtaining the appropriate permits. Also violated Department Stop Work Orders on multiple occasions. This suspension has been appealed and therefore not yet been effectuated.


Refer to the website for a list of contractors and trade licensees whose licenses are currently revoked or suspended.



Reminders


Increase in permit and license fees go into effect January 1, 2023


Fee increases for most permits, business licenses, and trade licenses issued by the Department of Licenses and Inspections (L&I) will take effect for new applications filed on or after January 1, 2023.


For more information on permit fee increase, please review the regulation. The current fees will continue to apply to applications filed before January 1, 2023.



New special inspection license category established 


A new Special Inspection License category, Structural Stability of Existing Buildings or Structures, has been established. The license category was created to support new special inspection requirements for existing buildings established under Bill No. 220008 that take effect on January 1, 2023.

 

Review Page 11 of the amended regulations relating to special inspector qualifications to learn more about license criteria.

 

To add this category to an existing license, the following steps must be taken:


  • Step 1: Submit a Trade License Amendment (and supporting documentation) to a Special Inspector License. This step is not required if your Special Inspection Agency License was approved based upon accreditation.


  • Step 2:  After the change to the Special Inspector License has been approved, submit a Trade License Amendment to a Special Inspection Agency License to add this category or an inspector to your license.



Rodent control management


Regulations establishing the minimum criteria for the rat abatement plan required for complete demolition and new construction became law on Oct 20, 2022. In accordance with Section 4-A-1101 of the Philadelphia Code and associated regulations, a Rodent Control Management Plan shall be developed and implemented at least 15 days prior to the start of a complete demolition or new construction project.


The plan shall be prepared by a Pa licensed pest control company and include the following information:

  • License and contact information for the pest control company used;
  • Results of an initial site survey/inspection conducted by the pest control company;
  • Information on rodent activity detected, and the associated treatment to abate rodents prior to demolition or construction activity;
  • Details on the Integrated Pest Management approach for addressing rodents at the site, including Material Safety Data Sheet (MSDS) information on rodenticides that may be used;
  • Schedule of monitoring and follow-up inspections that will be conducted by the pest control company.


The Rodent Control Management Plan, inspection reports, and abatement records shall be kept on site for the duration of demolition or construction and furnished to the Department upon request. L&I shall begin enforcement of these requirements on all projects beginning construction after January 1, 2023



Rodent control plan on vacant lots


In accordance with Bill No. 210902, a vacant lot must be inspected annually by a Pa licensed pest control company for evidence of rodent infestation. Where rodent activity is detected, a rodent control plan shall be implemented. Lots regularly maintained as gardens are not subject to this inspection requirement.

The initial inspection must be completed by March 2, 2023. Subsequent inspections must occur each year thereafter.


The inspection report prepared by the pest control company and any associated rodent control plan must be submitted to the Department within 7 days of completion. Refer to the website for more information on where to submit the report.



Back issues of the L&I Newsletters are available on the L&I website under Resources.