L&I Newsletter - August 2022



Announcement / Engagement


Construction & building trades job fair


The Philadelphia Housing Development Corp. and JEVS Human Services is co-hosting a free job fair and is inviting all contractors and developers looking to hire for positions in the building and construction trades, to participate in this event. For more information, visit https://phdcphila.org/developers-and-contractors/.


  • When: Thursday, September 15, 2022 from 10:00 a.m. to 3:00 p.m.
  • Where: JEVS Orleans Technical College at 2770 Red Lion Rd, Philadelphia, PA 19114.


There is no cost to participate but registration is required. Job seekers and/or trades employers looking to hire can both register at https://www.eventbrite.com/e/building-construction-trades-hiring-fair-tickets-386935443327



Register for our 5th annual L&I focus group session


It’s that time of year and we want to hear from you! If you’d like to be part of improving how L&I does business, you’re invited to participate in an upcoming focus group session. These sessions are a way for you to give feedback on how we’re doing and what you’d like to see done better. Session are open to anyone who has previously applied for a license or permit, including but not limited to home-,business-, or property-owners, property managers, contractors, architects, engineers, attorneys, or expediters.


  • L&I Focus Group 1: Thursday, September 8th @ 1:00 p.m. - 2:00 p.m. – register


  • L&I Focus Group 2: Friday, September 9th @ 10:30 a.m. - 11:30 a.m. register


  • L&I Focus Group 3: Tuesday, September 13th @ 10:00 a.m. - 11:00 a.m. – register


  • L&I Focus Group 4: Wednesday, September 14th @ 9:00 a.m. - 10:00 a.m. - register


  • L&I Focus Group 5: Wednesday, September 14th @ 1:00 p.m. - 2:00 p.m. – register


  • L&I Focus Group 6: Thursday, September 15th @ 9:00 a.m. - 10:00 a.m. - register


Below is a summary on how your feedback has directly resulted in process improvements over the last year:


  • Remote Support Improvements:
  • Launched chat tool for support of eclipse needs
  • Made examiner appointment requests more accessible


  • Permitting and Licensing Improvements:
  • Expanded use of project functionality for a single examiner when 3 or more parcels are involved
  • Implemented holds on individual trade permits for clearer permit certification process


  • Communications Improvements:
  • Improved website for inspections/code enforcement content including clarifications to maintenance/fire protection certification process
  • Continued efforts to improve website readability
  • Increased frequency of eCLIPSE webinars and communicated through monthly newsletter


  •  Upcoming enhancements in the works:
  • Additions and updates to eCLIPSE instructional videos
  • Automated notifications for expiring fire protection and property maintenance certifications when submitted through eCLIPSE
  • Adding a plumbing rough-in approval link in eCLIPSE
  • Adding a checkbox in eCLIPSE to indicate civic design review for zoning permits
  • Permit hold review process improvements



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 Permit and Excavation Contractor License webinarL&I will provide a 1- hour webinar on new laws relating to excavation work and protection of adjacent property that take effect on Jan 1, 2023. All affected developers, contractors and design professionals are strongly encouraged to attend. For more information on the new laws, please refer to Bill No. 210389 and Bill No. 220008. This session will be held from 9:00 am - 10:00 am on Tuesday, August 30th via Zoom. Please register if you're interested in attending this webinar.


  • Changes to the 2018 Residential Code Provisions webinar - L&I will be conducting a 1-hour webinar to provide an overview of the significant changes to the 2018 Residential Code provision. This session will provide an opportunity to ask any questions on new code provisions that will become mandatory on August 14, 2022. This session will be held from 12:00 pm - 1:00 pm on Thursday, September 22nd 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.



Audits & Investigations


Introduction to L&I's audits and investigations unit


L&I’s Audits and Investigations Unit, or AIU, is responsible for enforcing code compliance among contractors and other trade licensees like plumbers, electrical contractors, demolition contractors, and fire suppression contractors. AIU performs unannounced inspections at active construction sites. Their inspections are focused on verifying that contractors and trade licensees are complying with their license requirements. Contractor license requirements are established by §9-1004 of the Philadelphia Code. The requirements for other trade licenses can be found by browsing §9-1000.


License Violation Notices and Fines


When AIU finds that a contractor has violated their license requirements, they issue a License Violation Notice. This looks like a Notice of Violation, but there are important differences:


  • License Violations result in fines, even if the responsible party attempts to immediately correct their behavior. Most license violations carry a fine of $1,000.


  • License Violations don’t remain ‘open’ until a reinspection shows that the violation has been corrected—and so reinspections won’t always occur. However, AIU may choose to reinspect the site and repeated violations will result in additional fines and possible license suspension. 



Current 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. You are responsible for ensuring that construction for which you are responsible is only performed by licensed entities and their wage employees. Remember: if you are paying someone with a 1099, they are a subcontractor and must be separately licensed.


  • Subcontractor Upload for Commercial Permits- If you are named as the responsible contractor on a commercial permit, you are required to disclose all subcontractors that have performed any of the work authorized by that permit by adding them to the permit in eCLIPSE. This requirement kicks in 3 days after the start of any work under that permit. Failure to update your permit with all subcontractors results in a fine of $2,000.00  For step-by-step instructions, refer to the ‘How to add a subcontractor to a permit in eCLIPSE How-to-Guide’.


  • 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.  


  • Underpinning Special Inspections- Do not perform any underpinning unless a registered Special Inspector from the Special Inspection Agency named on the permit is present. Underpinning without continuous Special Inspection is dangerous and unacceptable.


  • Stop Work Orders- When L&I issues a Stop Work Order at a construction site, its imperative that work stops. A new ordinance signed into law in 2021 makes the penalty for violating a Stop Work Order a license suspension, in addition to the violation and fines.


Violation Data Report


Since January 1, 2022, AIU has issued a total of $682,000 in license violation fines to contractors or trade licensees. This includes $226,000 in fines related to subcontracting violations, and $164,000 in fines related to worker certification violations.


You can protect yourself from fines and from delays in your job getting done—please start by making sure that your subcontractors are licensed and that the workers on your sites have the required safety training certifications.



Permitting


PA Act 537 upload requirements


Beginning October 1, 2022, applicants submitting a Commercial Building Permit application for new construction must include a completed Sewage Facilities Planning Module Application Mailer (Mailer) with their eCLIPSE application.


The Mailer can be found on the Philadelphia Water Department (PWD) website at https://www.pwdplanreview.org/upload/pdf/Act_537_Sewage_Facilities_Application_2021.pdf.


Residential Building Permit applications will not be required to include the Mailer but may choose to upload the completed form as an application document with their permit application.


You will not be required to separately mail the form to PWD. Any questions about the Mailer or the PA Act 537 review process should be directed to PWDAct537@phila.gov.



Licensing


Excavation contractor license now available


The Excavation Contractor License will become available in eCLIPSE on September 1st. View complete license requirements on our website.

 

This 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 alternate.

 

The Mid Atlantic OSHA Training Institute Education Center is offering this 3-day OSHA 3015 course at the following locations:


  • Willow Grove, PA: September 19th - 21st AND November 28th - 30th
  • Baltimore, MD: October 24th - 26th

 

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.   



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.

 

The new category will become available in eCLIPSE in September. 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.



Sheet metal technician license update


The requirement to successfully complete the Philadelphia Sheet Metal Technician Examination administered by the International Code Council has been eliminated by Bill No. 210740 Proof of the completion of a Registered Sheet Metal Systems Technician Apprentice Program registered with the United States Department of Labor or a State Apprenticeship Council is still required and must include:


  • A minimum of 8,000 hours of documented practical experience in the installation, maintenance, and other servicing of sheet metal systems.


  • At least 800 hours of classroom, shop, or related instruction in the installation, maintenance, and other servicing of sheet metal systems.


For more information about the sheet metal technician license, visit the website.



Regulations


New L&I regulations


The Department has promulgated several regulations, which have been advertised and posted to the City website and shall become law after 30 days should no public hearing be requested.


  • Permit and License Fee Schedule – This regulation increases permit and license fees by the rate of inflation and will apply to all new applications filed on or after January 1, 2023. The 2020 fees will continue to apply to applications filed before January 1, 2023.


  • Permit Amendments – This regulation codifies the current policy on zoning and construction permit amendments.


  • Special Inspector Qualifications – This regulation establishes a new Special Inspection License category, Structural Stability of Existing Buildings or Structures, to support new special inspection requirements for existing buildings enacted under Bill No. 220008. This regulation also includes an additional exemption for in-plant fabrication and a change to Wood Construction Inspector qualifications.


  • Excavation Contractor License - This regulation clarifies license exemptions, allows continuing education as an alternative to re-taking an OSHA course for license renewal, and establishes criteria for alternative training programs.



Reminders


2018 international residential code


All new construction permit applications for one-and-two family dwellings are now being reviewed in accordance with the 2018 International Residential Code, with state and local amendments. New applications must reference the correct code edition and include any updated forms (if applicable).


Please refer to the FAQ for detail on specific changes and register for our September 22nd information session to learn more about these changes.



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