ADOPTS WITH AMENDMENTS:

International Fire Code 2009 (IFC 2009)

Heads up: There are no amended sections in this chapter.

Chapter 1 Administration

AMENDMENT
This section has been amended at the state or city level.

Section 101 General

AMENDMENT
This section has been amended at the state or city level.

101.1 Title

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This section has been amended at the state or city level.
These provisions shall be known as the Philadelphia Fire Code and shall be cited as such and will be referred to herein as "this code".

101.2 Scope

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This section has been amended at the state or city level.
This code establishes regulations affecting or relating to structures, processes, premises and safeguards regarding:
  1. The hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices.
  2. Conditions hazardous to life, property or public welfare in the occupancy of structures or premises.
  3. Fire hazards in a structure or on a premises from occupancy or operations.
  4. Matters related to the construction, extension, repair, alteration or removal of fire suppression or fire alarm systems.

101.2.1 Appendices

AMENDMENT
This section has been amended at the state or city level.
Provisions in the appendices shall not apply unless specifically adopted. Appendix H is hereby adopted.

101.3 Intent

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This section has been amended at the state or city level.
The purpose of this code is to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises and to provide safety to fire fighters and emergency responders during emergency operations.

101.4 Administrative Provisions

AMENDMENT
This section has been amended at the state or city level.
This Chapter contains those provisions that are unique to the administration of this code. All other administrative provisions applicable to this code are as set forth in the Philadelphia Administrative Code.

101.5 Codes Referenced

AMENDMENT
This section has been amended at the state or city level.
Where this code references any of the International Codes, published by the International Code Council, it shall be assumed that the reference means the applicable Philadelphia code.

Section 102 Applicability

AMENDMENT
This section has been amended at the state or city level.

102.1 Construction and Design Provisions

AMENDMENT
This section has been amended at the state or city level.
The construction and design provisions of this code shall apply to:
  1. Structures, facilities and conditions arising after the adoption of this code.
  2. Existing structures, facilities and conditions, except where stated that the section applies only to new structures, facilities and conditions.
  3. New structures, facilities and conditions when identified in specific Sections of this code.

102.2 Administrative, Operational and Maintenance Provisions

AMENDMENT
This section has been amended at the state or city level.
The administrative, operational and maintenance provisions of this code shall apply to:
  1. Conditions and operations arising after the adoption of this code, including, but not limited to, preparing and maintaining procedures and other records, training, installation of signs, maintenance of equipment and systems, reporting of emergency or unsafe conditions to the appropriate authority and the correction of violations of this code within the time frames permitted by the authority having jurisdiction.
  2. Existing conditions and operations, including, but not limited to, preparing and maintaining procedures and other records, training, installation of signs, maintenance of equipment and systems, reporting of emergency or unsafe conditions to the appropriate authority, and the correction of violations of this code within the time frames permitted by the authority having jurisdiction.

102.3 Application of Building Code

AMENDMENT
This section has been amended at the state or city level.
The design and construction of new structures shall comply with the Philadelphia Building Code. Repairs, alterations, additions and changes of use or occupancy to existing structures shall comply with the Philadelphia Code applicable to the proposed work. In the alternative, repairs, alterations, additions and changes of use or occupancy to existing structures shall be permitted to comply with the Philadelphia Existing Building Code.

102.4 Conflicts Between Code and Other Documents

AMENDMENT
This section has been amended at the state or city level.
Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

102.5 Conflicting Provisions of Code

AMENDMENT
This section has been amended at the state or city level.
Where there is a conflict between a general requirement and a specific requirement in this code, the specific requirement shall apply. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall apply.

Section 103 Unsafe Conditions

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This section has been amended at the state or city level.

103.1 Hazardous Conditions

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This section has been amended at the state or city level.
The fire code official in charge of a location that has hazardous conditions that present imminent danger to building occupants shall be authorized to order the immediate evacuation of any building that is deemed unsafe due to such hazardous conditions. Persons so notified shall immediately leave the structure or premises and shall not enter or re-enter until authorized to do so by the fire code official or the fire department official in charge of the incident.

103.2 Fire Protection Systems

AMENDMENT
This section has been amended at the state or city level.
Where any required fire protection system or part thereof becomes inoperative and affects the fire safety of a structure or the occupants therein, the fire code official shall order the system to be repaired and returned to service and is authorized to order the structure vacated until the inoperative system is repaired and returned to service.

Section 104 General Authority and Responsibilities

AMENDMENT
This section has been amended at the state or city level.

104.1 Fire Investigations

AMENDMENT
This section has been amended at the state or city level.
he fire code official shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition. Information that could be related to trade secrets or processes shall not be made part of the public record except as directed by a court of law.

104.1.1 Assistance From Other Agencies

AMENDMENT
This section has been amended at the state or city level.
Police and other enforcement agencies shall have the authority to render necessary assistance in the investigation of fires when requested to do so.

104.2 Authority at Fires and Other Emergencies

AMENDMENT
This section has been amended at the state or city level.
  1. The fire department official in charge at the scene of a fire or other emergency involving the protection of life or property or any part thereof, shall have the authority to direct such operation as necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks or other hazardous conditions or situations, or take any other action necessary in the reasonable performance of duty.
  2. The fire department official in charge at the scene of a fire or other emergency involving the protection of life or property or any part thereof, shall have the authority to direct uniformed Fire Department personnel, including but not limited to Firefighters and Fire Service Paramedics, to engage in such actions that are necessary in order to complete the assignment, including but not limited to fire rescue, fire abatement, and emergency medical services. Because of their legislative authority to act and actual participation in such operations, Fire Service Paramedics shall continue to be considered firemen for the purposes of the act of June 24, 1968 (P.L. 237, No. 111), referred to as the Policemen and Firemen Collective Bargaining Act.
  3. In the exercise of such power, the fire official is authorized to prohibit any person, vehicle, vessel or thing from approaching the scene and is authorized to remove, or cause to be removed or kept away form the scene, any vehicle, vessel or thing which could impede or interfere with the operations of the fire department and, in the judgement of the fire official, any person not actually and usefully employed in the extinguishing of such fire or in the preservation of property in the vicinity thereof.
UpCodes note: This section was amended by Bill No. 100214 (May 20, 2010).

104.2.1 Barricades

AMENDMENT
This section has been amended at the state or city level.
The fire department official in charge at the scene of an emergency is authorized to place ropes, guards, barricades or other obstructions across any street, alley, place or private property in the vicinity of such operation so as to prevent accidents or interference with the lawful efforts of the fire department to manage and control the situation and to handle fire apparatus.

104.2.2 Obstructing Operations

AMENDMENT
This section has been amended at the state or city level.
No person shall obstruct the operations of the fire department in connection with extinguishment or control of any fire, or actions relative to other emergencies, or disobey any lawful command of the fire department official in charge of the emergency, or any part thereof, or any lawful order of a police officer assisting the fire department.

104.2.3 Systems and Devices

AMENDMENT
This section has been amended at the state or city level.
No person shall render a system or device inoperative during an emergency unless by direction of the fire chief or fire department official in charge of the incident.

104.2.4

AMENDMENT
This section has been amended at the state or city level.
To the extent permitted under the PA Construction Code Act and Uniform Construction Code, a fire department official is authorized to perform inspections and issue violations for buildings and structures classified as imminently dangerous by the Department of Licenses and Inspections and to perform inspections and issue violations under the Health Code, Chapter 6-600 (Asbestos Projects).

UpCodes note: This section was added by Bill No. 130847-A. The bill was approved on February 19, 2014.

Section 105 Permits

AMENDMENT
This section has been amended at the state or city level.

105.1 Permits Required

AMENDMENT
This section has been amended at the state or city level.
Permits required by this code shall be obtained from the fire code official in accordance with this Chapter and the Philadelphia Administrative Code. There shall be three types of permits as specified in Sections F-105.2 through F-105.4.

105.2 Operational Permit

AMENDMENT
This section has been amended at the state or city level.
An Operational Permit allows the applicant to conduct an operation or a business for which a permit is required by Section F-105.6 for either:
  1. A prescribed period.
  2. A regular renewal period.
  3. Until renewed or revoked.

105.3 Construction Permit

AMENDMENT
This section has been amended at the state or city level.
A construction permit allows the applicant to install or modify systems and equipment for which a permit is required by Section F-105.7. The fire code official shall determine the type of construction permit required.

105.4 Assisted Operation Permit

AMENDMENT
This section has been amended at the state or city level.
An Assisted Operation Permit provides for appropriate City agency assistance or oversight for the specified activities in Section F-105.8.

105.5 Inspection Authorized

AMENDMENT
This section has been amended at the state or city level.
Before an Operational Permit is approved, the fire code official is authorized to inspect the receptacles, vehicles, buildings, devices, premises, storage spaces or areas to be used to determine compliance with this code or any operational constraints required.

105.6 Required Operational Permits

AMENDMENT
This section has been amended at the state or city level.
The fire code official is authorized to issue Operational Permits for the operations set forth in Sections F-105.6.1 through F-105.6.15.

UpCodes note: This section was amended by Bill No. 100308. The bill was approved on June 23, 2010.

105.6.1 Aerosol Products

AMENDMENT
This section has been amended at the state or city level.
An Operational Permit is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight.

105.6.2 Battery Systems

AMENDMENT
This section has been amended at the state or city level.
An Operational Permit is required to install stationary lead-acid battery systems having a liquid capacity of more than 50 gallons (189 L).

105.6.3 Compressed Gases

AMENDMENT
This section has been amended at the state or city level.
An Operational Permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed in Table F-105.6.3.

Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.

TABLE F-105.6.3
PERMIT AMOUNTS FOR COMPRESSED GASES
TYPE OF GAS AMOUNT
(cubic feet at NTP)
Corrosive 200
Flammable (except cryogenic fluids and liquefied petroleum gases) 200
Highly toxic Any Amount
Inert and simple asphyxiant 6,000
Oxidizing (including oxygen) 504
Pyrophoric Any Amount
Toxic Any Amount

For SI: 1 cubic foot = 0.02832 m3.

UpCodes note: This section was amended by Bill No. 060850. The bill was approved on December 20, 2006.

105.6.4 Cryogenic Fluids

AMENDMENT
This section has been amended at the state or city level.
An Operational Permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table F-105.6.4.

Exception: Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading.

TABLE F-105.6.4
PERMIT AMOUNTS FOR CRYOGENIC FLUIDS
TYPE OF CRYOGENIC FLUID INSIDE BUILDING (gallons) OUTSIDE BUILDING (gallons)
Flammable More than 1 60
Inert 60 500
Oxidizing (includes oxygen) 10 50
Physical or health hazard not indicated above Any Amount Any Amount

For S1: 1 gallon = 3.785 L.

105.6.5 Cutting and Welding (Hot Work)

AMENDMENT
This section has been amended at the state or city level.
An Operational Permit is required to conduct cutting or welding operations. The permit that is issued is valid for up to one year and includes all cutting and welding operations that are performed.

105.6.6 Dry Cleaning Plants

AMENDMENT
This section has been amended at the state or city level.
A hazardous materials Operational Permit is required where hazardous materials, in excess of the quantities requiring a dry cleaning permit, are used at a dry cleaning plant.

105.6.7 Explosives

AMENDMENT
This section has been amended at the state or city level.
An Operational Permit is required for the manufacture, storage, handling, sale or use of any quantity of explosive, explosive material, fireworks, or pyrotechnic special effects within the scope of Chapter 33. For the display of fireworks, in lieu of an Operational Permit, an Assisted Operation Permit shall be required in accordance with Sections F-105.8.1, F-105.8.2 and F-3308.2.

105.6.8 Flammable and Combustible Liquids

AMENDMENT
This section has been amended at the state or city level.
An Operational Permit is required:
  1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the off-site transportation in pipelines regulated by the Department of Transportation (DOTn) nor does it apply to piping systems.
  2. To store, handle or use Class I liquids in excess of 5 gallons (19 L) in a building or in excess of 10 gallons (37.9 L) outside of a building, except that a permit is not required for the following:
    1. The storage or use Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the fire code official, would cause an unsafe condition.
    2. The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days.
  3. To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel oil used in connection with oil-burning equipment. To ensure compliance with 603.3.1 and F-603.3, an Operations Permit is required for Class II and Class IIIA fuel oil storage tanks used in connection with oil-burning equipment where the storage exceeds 660 gallons.
  4. To remove Class I or Class II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes.
  5. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.
  6. To place temporarily out of service (for more than 90 days) an underground, protected above-ground or above-ground flammable or combustible liquid tank.
  7. To change the type of contents stored in a flammable or combustible liquid tank to a material, which poses a greater hazard than that for which the tank was designed and constructed.
  8. To manufacture, process, blend or refine flammable or combustible liquids.
  9. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments.
  10. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments.

105.6.9 Hazardous Materials

AMENDMENT
This section has been amended at the state or city level.
An Operational Permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table F-105.6.9 and for extremely hazardous substances in accordance with Section F-105.6.9.1.

TABLE F-105.6.9
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
TYPE OF MATERIAL AMOUNT
Combustible liquids See Section F-105.6.8
Corrosive materials
Gases
See Section F-105.6.3
Liquids
55 gallons
Solids
1,000 pounds
Explosive materials See Section F-105.6.7
Flammable materials
Gases
See Section F-105.6.3
Liquids
See Section F-105.6.8
Solids
100 pounds
Highly toxic materials
Gases
See Section F-105.6.3
Liquids
Any Amount
Solids
Any Amount
Oxidizing materials
Gases
See Section F-105.6.3
Liquids
Class 4
Any Amount
Class 3
1 gallon A
Class 2
10 gallons
Class 1
55 gallons
Solids
Class 4
Any Amount
Class 3
10 pounds B
Class 2
100 pounds
Class 1
500 pounds
Organic peroxides
Liquids
Class I
Any Amount
Class II
Any Amount
Class III
1 gallon
Class IV
2 gallons
Class V
No Permit Required
Solids
Class I
Any Amount
Class II
Any Amount
Class III
10 pounds
Class IV
20 pounds
Class V
No Permit Required
Pyrophoric materials
Gases
Any Amount
Liquids
Any Amount
Solids
Any Amount
Toxic materials
Gases
See Section F-105.6.3
Liquids
10 gallons
Solids
100 pounds
Unstable (reactive) materials
Liquids
Class 4
Any Amount
Class 3
Any Amount
Class 2
5 gallons
Class 1
10 gallons
Solids
Class 4
Any Amount
Class 3
Any Amount
Class 2
50 pounds
Class 1
100 pounds
Water-reactive materials
Liquids
Class 3
Any amount
Class 2
5 gallons
Class 1
55 gallons
Solids
Class 3
Any amount
Class 2
50 pounds
Class 1
500 pounds

For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg.
  1. 20 gallons when Table 2703.1.1(1) Note k applies and hazard identification signs in accordance with Section 2703.5 are provided for quantities of 20 gallons or less.
  2. 200 pounds when Table 2703.1.1(1) Note k applies and hazard identification signs in accordance with Section 2703.5 are provided for quantities of 200 pounds or less.
UpCodes note: This section was amended by Bill No. 060850. The bill was approved on December 20, 2006.

105.6.9.1 Extremely Hazardous Substances

AMENDMENT
This section has been amended at the state or city level.
An Operational Permit is required for quantities of extremely hazardous substances regulated by Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA Title III — also known as the Emergency Planning and Community Right-to-Know Act) as listed in the United States Environmental Protection Agency's List of Lists.

105.6.10 Magnesium

AMENDMENT
This section has been amended at the state or city level.
An Operational Permit is required to melt, cast, heat treat or grind more than 10 pounds (4.54 kg) of magnesium.

105.6.11 Repair Garages and Motor Fuel-Dispensing Facilities

AMENDMENT
This section has been amended at the state or city level.
An Operational Permit is required for operation of repair garages and automotive, marine and fleet motor fuel-dispensing facilities.

105.6.12 Storage of Scrap Tires and Tire Byproducts

AMENDMENT
This section has been amended at the state or city level.
An Operational Permit is required to establish, conduct or maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet (71 m3) of total volume of scrap tires and for indoor storage of tires and tire byproducts. The Operational Permit that is required for this operation shall be the same that is required for waste handling facilities.

105.6.13 Temporary Membrane Structures, Tents and Canopies

AMENDMENT
This section has been amended at the state or city level.
An Operational Permit is required to operate an air-supported temporary membrane structure or a tent having an area in excess of 200 square feet (19 m2), or a canopy in excess of 400 square feet (37 m2).

Exceptions:
  1. Tents used exclusively for recreational camping purposes.
  2. Fabric canopies open on all sides which comply with all of the following:
    1. Individual canopies shall have a maximum size of 700 square feet (65 m2).
    2. The aggregate area of multiple canopies placed side by side without a fire break clearance of not less than 12 feet (3658 mm) shall not exceed 700 square feet (65 m2) total.
    3. A minimum clearance of 12 feet (3658 mm) to structures and other tents shall be provided.

105.6.13.1 Tents Accessory to Group A-2 Nightclub Occupancies

AMENDMENT
This section has been amended at the state or city level.
Permits shall not be issued for tents that are accessory to an A-2 nightclub occupancy having a floor area greater than 1,000 square feet (95 m2) without the approval of the Commissioner of the Department of Licenses and Inspections or his or her designee. Specific provisions include:
  1. The occupant load of the tent shall be determined in accordance with Section 1004 for assembly occupancies.
  2. Requirements of the Philadelphia Zoning Code governing parking spaces shall be maintained where tents are erected on parking lots serving the A-2 nightclub use.
  3. Toilet facilities shall be provided on the premises in accordance with the Philadelphia Plumbing Code based on the occupant load including the tent.
  4. Application for the Operational Permit shall be submitted at least seven calendar days in advance of the event.

105.6.14 Reserved

AMENDMENT
This section has been amended at the state or city level.

105.6.15 Waste Handling

AMENDMENT
This section has been amended at the state or city level.
An Operational Permit is required for the operation of wrecking and salvage yards, junk yards and waste material-handling facilities.

105.7 Required Construction Permits

AMENDMENT
This section has been amended at the state or city level.
The fire code official is authorized to issue construction permits for work as set forth in Sections F-105.7.1 through F-105.7.11.

UpCodes note: This section was amended by Bill No. 100308. The bill was approved on June 23, 2010).

105.7.1 Automatic Fire-Extinguishing Systems

AMENDMENT
This section has been amended at the state or city level.
A construction permit is required for installation, modification, or removal from service of an automatic fire-extinguishing system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.

105.7.2 Compressed Gases

AMENDMENT
This section has been amended at the state or city level.
When the compressed gases in use or storage exceed the amounts listed in Table F-105.6.9, a construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a compressed gas system.

Exceptions:
  1. Routine maintenance.
  2. For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work.
The permit applicant shall apply for approval to close storage, use or handling facilities at least 30 days prior to the termination of the storage, use or handling of compressed or liquefied gases. Such application shall include any change or alteration of the facility closure plan filed pursuant to Section 2701.6.3. The 30-day period is not applicable when approved based on special circumstances requiring such waiver.

105.7.3 Fire Alarm and Detection Systems and Related Equipment

AMENDMENT
This section has been amended at the state or city level.
A construction permit is required for installation, modification, or removal from service of fire alarm and detection systems and related equipment. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.

105.7.4 Fire Pumps and Related Equipment

AMENDMENT
This section has been amended at the state or city level.
A construction permit is required for installation of or modification to fire pumps and related fuel tanks, jockey pumps, controllers, and generators. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.

105.7.5 Flammable and Combustible Liquids

AMENDMENT
This section has been amended at the state or city level.
A construction permit is required:
  1. To repair or modify a pipeline for the transportation of flammable or combustible liquids.
  2. To install, construct or alter tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.
  3. To install, alter, remove, abandon or otherwise dispose of a flammable or combustible liquid tank.

105.7.6 Hazardous Materials

AMENDMENT
This section has been amended at the state or city level.
A construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility or other area regulated by Chapter 27 when the hazardous materials in use or storage exceed the amounts listed in Table F-105.6.21.

Exceptions:
  1. Routine maintenance.
  2. For repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work.

105.7.7 Industrial Ovens

AMENDMENT
This section has been amended at the state or city level.
A construction permit is required for installation of industrial ovens covered by Chapter 21.

Exceptions:
  1. Routine maintenance.
  2. For repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work.

105.7.8 Private Fire Hydrants

AMENDMENT
This section has been amended at the state or city level.
A construction permit is required for the installation, modification, or removal from service of private fire hydrants.

105.7.9 Spraying or Dipping

AMENDMENT
This section has been amended at the state or city level.
A construction permit is required to install or modify a spray room, dip tank or booth.

105.7.10 Standpipe Systems

AMENDMENT
This section has been amended at the state or city level.
A construction permit is required for the installation, modification, or removal from service of a standpipe system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.

105.7.11 Temporary Membrane Structures, Tents, and Canopies

AMENDMENT
This section has been amended at the state or city level.
A construction permit is required to erect an air-supported temporary membrane structure or a tent having an area in excess of 200 square feet (19 m2), or a canopy in excess of 400 square feet (37 m2).

Exceptions:
  1. Tents used exclusively for recreational camping purposes.
  2. Funeral tents and curtains or extensions attached thereto, when used for funeral services.
  3. Fabric canopies and awnings open on all sides which comply with all of the following:
    1. Individual canopies shall have a maximum size of 700 square feet (65 m2).
    2. The aggregate area of multiple canopies placed side by side without a fire break clearance of 12 feet (3658 mm) shall not exceed 700 square feet (65 m2) total.
    3. A minimum clearance of 12 feet (3658 mm) to structures and other tents shall be maintained.

105.8 Required Assisted Operation Permits

AMENDMENT
This section has been amended at the state or city level.
The fire code official is authorized to issue construction permits for work as set forth in Sections F-105.8.1 through F-105.8.2.

105.8.1 Pyrotechnic Special Effects Material

AMENDMENT
This section has been amended at the state or city level.
An Assisted Operation Permit is required for use and handling of pyrotechnic special effects material.

UpCodes note: This section was amended by Bill No. 100308. The bill was approved on June 23, 2010).

105.8.2 Fireworks Display

AMENDMENT
This section has been amended at the state or city level.
An Assisted Operation Permit is required for each event of indoor and outdoor use of fireworks. Where a single show has a series of performance dates in a theater, sports arena or similar venue, such series of dates shall be considered one event for the purposes of this permit, provided there is no change from the approved fireworks or pyrotechnic displays.

Section 106 Maintenance

AMENDMENT
This section has been amended at the state or city level.

106.1 Maintenance of Safeguards

AMENDMENT
This section has been amended at the state or city level.
Where any device, equipment, system, condition, arrangement, level of protection, or any other feature is required for compliance with the provisions of this code, or otherwise installed, such device, equipment, system, condition, arrangement, level of protection, or other feature shall thereafter be continuously maintained in accordance with this code and applicable referenced standards.

106.2 Testing and Operation

AMENDMENT
This section has been amended at the state or city level.
Equipment requiring periodic testing or operation to ensure maintenance shall be tested or operated as specified in this code.

106.2.1 Test and Inspection Records

AMENDMENT
This section has been amended at the state or city level.
Required test and inspection records shall be available to the fire code official at all times or such records as the fire code official or this code designates, shall be filed with the fire code official.

106.2.2 Reinspection and Testing

AMENDMENT
This section has been amended at the state or city level.
Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made so as to achieve compliance with this code. The work or installation shall then be reinspected or re-tested and the results resubmitted to the fire code official as appropriate.

106.3 Supervision

AMENDMENT
This section has been amended at the state or city level.
Maintenance and testing shall be under the supervision of a responsible person who shall ensure that such maintenance and testing are conducted at specified intervals in accordance with this code.

106.4 Rendering Equipment Inoperable

AMENDMENT
This section has been amended at the state or city level.
Portable or fixed fire-extinguishing systems or devices and fire-warning systems shall not be rendered inoperative or inaccessible except as necessary during emergencies, maintenance, repairs, alterations, drills or prescribed testing. The restoration of protection shall be diligently pursued.

106.4.1 Fire Department Notification

AMENDMENT
This section has been amended at the state or city level.
The Fire Department shall be notified by telephone at 215-922-6000 of the shutdown of any fire protection system that affects more than one story or more than 30,000 square feet on one story. This notification shall occur immediately upon knowledge of an unplanned loss of protection and prior to the interruption of protection in the case of tests, maintenance, repairs, alterations or additions. The notification shall include the extent of and reason for such interruption of protection and the anticipated length of outage. The Fire Department shall be notified again immediately upon restoration of service.

106.5 Owner/Occupant Responsibility

AMENDMENT
This section has been amended at the state or city level.
Correction and abatement of violations of this code shall be the responsibility of the owner. If an occupant creates, or allows to be created, hazardous conditions in violation of this code, the occupant shall also be held responsible for the abatement of such hazardous conditions.

106.6 Overcrowding

AMENDMENT
This section has been amended at the state or city level.
Overcrowding or admittance of any person beyond the lawful occupancy of a building or a portion thereof constitutes a violation of this code. Upon finding any overcrowding or unlawful occupancy, the fire code official, in addition to any other remedy under this code, is authorized to cause any event or activity to be stopped until such overcrowding or unlawful occupancy is corrected.

106.7 Obstructions

AMENDMENT
This section has been amended at the state or city level.
An obstruction in an aisle, passageway or other means of egress constitutes a violation of this code. Upon finding any obstruction in an aisle, passageway or other means of egress, or upon finding any condition that constitutes a life safety hazard, the fire code official, in addition to any other remedy under this code, is authorized to cause any event or activity to be stopped until such condition or obstruction is corrected.

Section 107 Appeals of Violations

AMENDMENT
This section has been amended at the state or city level.

107.1 Appeals and Requests for Variance

AMENDMENT
This section has been amended at the state or city level.
Violations of the Fire Code may be appealed by the owner of a property to the Fire Commissioner for relief from or time to correct the violations. To file an appeal the owner shall submit the appropriate appeal form and a check or money order in the amount specified in the Philadelphia Administrative Code within 30 days of the date of the Violation Notice. If the violation has been reviewed by Municipal Court or the Court of Common Pleas and has been sent to the Fire Commissioner for review, the owner shall comply with the time frame specified in the court's order. If an action desired by an owner would place the property in violation of this code, the owner may apply to the Fire Commissioner for a variance from code requirements. Appeals and requests for variance shall be heard by the Board of Safety and Fire Prevention. The board will make recommendations to the Fire Commissioner who will render a decision on the appeal or variance request.

Section 108 Board of Safety and Fire Prevention

AMENDMENT
This section has been amended at the state or city level.

108.1 Board of Safety and Fire Prevention Authorized

AMENDMENT
This section has been amended at the state or city level.
Pursuant to Section 3-100(g) and Section 3-917 of the Philadelphia Home Rule Charter, the Mayor may, upon the recommendation of the Fire Commissioner or of his/her own volition, appoint a board to act in an advisory capacity to the Fire Department. This board shall be known as the Board of Safety and Fire Prevention and shall consist of a representative of the Fire Department, a representative of the Department of Licenses and Inspections, and five other members appointed by the Mayor. One of the five shall be a qualified fire protection engineer and another shall be a qualified fire protection specialist with a background in hazardous materials or in the petroleum industry. The remaining members shall be persons who are qualified by experience and training to deliberate matters pertaining to hazards of fire, explosion, hazardous conditions, fire protection systems and life safety.

UpCodes note: This section was amended by Bill No. 100308. The bill was approved on June 23, 2010).

108.2 Duties of the Board

AMENDMENT
This section has been amended at the state or city level.
The Board of Safety and Fire Prevention shall act in an advisory capacity to the Fire Commissioner in matters of fire safety and fire prevention and as required under this Section.

108.3 Appeals and Advice

AMENDMENT
This section has been amended at the state or city level.
The Board of Safety and Fire Prevention shall handle appeals as set forth in the Administrative Code and offer advice on interpreting this code and the regulations issued under it, suggest changes to the regulations and Code, suggest standards and procedures for good fire prevention practices, and offer advice as to standards of fire safety practice in the manufacture, storage, sale, transportation and use of new materials which are combustible, flammable, explosive, toxic or which may constitute a fire hazard.

108.4 Vacant Property Task Force

AMENDMENT
This section has been amended at the state or city level.
  1. Legislative Findings.
    1. Large numbers of vacant commercial and residential properties in the City have been left unattended for many years.
    2. Many of these vacant properties are in such a state of disrepair, as to make them uninhabitable, and often in violation of building, fire, health and other City codes.
    3. Some owners of these vacant properties are delinquent in payment of real estate taxes, water, sewer and other such municipal charges and liens.
    4. These vacant properties create a public health, safety and welfare hazard and act as a blighting influence on surrounding properties.
    5. Prolonged periods of nonpayment of tax obligations and other municipal charges and liens by owners of these properties indicate an intent to abandon such properties.
    6. Certain of these properties cannot be accessed by City code officials for necessary public health, safety and welfare inspections due to the inability to locate owners, heirs or successors in title or other such defects or ambiguities in ownership.
    7. A systematic inspection of the interior and exterior of these vacant buildings will enhance public safety, health and welfare by:
      1. Determining the overall security of the property;
      2. Identifying hazards that require immediate corrective action;
      3. Providing a written evaluation of the fire growth potential of any structure;
      4. Providing a written evaluation of the potential for structural collapse; and
      5. Providing a list of conditions that could be hazardous to fire, police, emergency medical services, or other City personnel entering the building under emergency conditions.
  2. Definitions. In this Section, the following definitions shall apply:

    Building. Any structure occupied or intended for supporting or sheltering any occupancy (as defined in PM-202.0 (General Definitions)).

    Joint Inspection Team. Employees of the Department of Licenses and Inspections and employees of the Philadelphia Fire Department Code Enforcement Office who together (1) conduct systematic inspections of all buildings and structures in the City of Philadelphia that have been deemed vacant as defined in this Section; and (2) are authorized to enforce violations of the codes pursuant to the Administrative Code, Chapter 2 (Enforcement Authority); and (3) are Pro Board Certified to the Fire Inspector I level of qualifications in accordance with National Fire Protection Association (NFPA) 1031 Standard for Professional Qualification for Fire Inspector and Plan Examiner.

    Prioritized list. A list of vacant properties, created cooperatively by the Department of Licenses and Inspections and the fire department, in descending order of priority that are selected for inspection or re-inspection based upon a combination of the following factors: whether the property is vulnerable to unlawful trespass or has been the subject of repeated unlawful trespasses; whether the property is unsafe; whether the property is imminently dangerous; or, whether the property is deemed by the fire department or the Department of Licenses and Inspections to pose some other unreasonable risk to public health or safety.

    Property. Any real, residential, commercial or industrial property, or portion thereof, located within Philadelphia County including buildings or structures situated on the property.

    Shall. Has the meaning ordinarily and customarily ascribed 311 to it, provided that no provision of this chapter may be construed in a manner inconsistent with the Home Rule Charter.

    Vacant Building. A building which is lacking habitual presence of human beings who have a legal right to be on the premises, or at which substantially all lawful business or construction operations or residential occupancy has ceased, or which is substantially devoid of content; provided that a residential property shall not be deemed vacant if, a person or entity with an interest in the property proves by a preponderance of evidence that it has been used as a residence by a person entitled to possession for a period of at least three months within the previous nine months and a person entitled to possession intends to resume residing at the property; and, further provided that multi-family residential properties containing ten or more dwelling units shall be considered vacant when ninety percent or more of the dwelling units are unoccupied.

    Vacant Property Database. A searchable computer database of information on vacant properties. The Database shall be accessible to relevant and approved City agencies. The Database shall be systematically updated based upon the inspections by the Joint Inspection team and any other relevant new data received. The Database shall include the following information, where deemed feasible and useful by the fire department and the Department of Licenses and Inspections:
    1. List of all properties by address and GPS coordinates.
    2. Property designation.
    3. Code violations.
    4. Pre-Fire Plan.
    5. Pre-Fire/Hazard Floor Plan.
    6. Placard designation.
    7. Information from the Vacant Property Inventory.
    8. Property owner's name and current address.
    9. One page summary of Vital Building Information Form.
    10. Such other information as the departments and the Task Force deem appropriate.
    Vacant Property Inventory. An in-depth, block by block inventory of all vacant properties in the City containing the following information:
    1. Street address, including latitude and longitude GPS coordinates.
    2. Type of property.
    3. Action plan for inspection, evaluation and pre-fire planning.
    4. Such other information as the Task Force deems appropriate.

108.5 Members and Duties of Vacant Property Task Force

AMENDMENT
This section has been amended at the state or city level.
Within 30 days of enactment of subsections F-108.4 through F-108.13, the Chair shall convene the first meeting of the Vacant Property Task Force, consisting of the following persons or their designees:
  1. Police Commissioner.
  2. Commissioner of Revenue.
  3. Commissioner of Streets.
  4. President of City Council.
  5. Chair, City Council Committee on Licenses and Inspections.
  6. Chair, City Council Committee on Public Safety.
  7. Health Commissioner.
  8. Water Commissioner.
  9. Chief Assessment Officer, Office of Property Assessment.
  10. Land Bank Representative.
  11. Commissioner of Public Property.
  12. The District Attorney.
  13. The City Solicitor.
  14. A PECO representative.
  15. A Philadelphia Gas Works representative.
  16. Commissioner of Licenses and Inspections.
  17. Commissioner of the Fire Department.
  18. United States Environmental Protection Agency's Regional Administrator.
  19. Chief Information Officer, Office of Innovation and Technology.
  20. Such other persons as the Mayor may designate.

  1. Chair. The Commissioner of License and Inspections and the Fire Commissioner shall select the chair of the Vacant Property Task Force and shall maintain a current list of members.
  2. The Vacant Property Task Force shall:
    1. Core team. Recommend criteria to the core team for determining whether or not properties are vacant as set forth under this Section;
    2. Vacant Property Inventory. Oversee the creation of the Vacant Property Inventory;
    3. Prioritized List. Insure a prioritized list of properties for inspection and re-inspection is created and updated, as needed;
    4. Vacant Property Database. Consider the most efficient and effective method for creating and maintaining a Vacant Property Database;
    5. Strategic Plan. Make recommendations concerning the development of an ongoing strategic plan for the inspection and enforcement of violations issued for vacant properties;
    6. Residential Properties. Issue a report to the Mayor and the President of City Council by January 30, 2016, outlining a process for implementing a citywide inspection and re-inspection program of all remaining vacant properties within the City not covered under this section, including, but not limited to: residential, institutional, assembly, commercial, industrial, garage, special or miscellaneous occupancy buildings , and a plan for maintaining and updating all vacant property information in the Vacant Property Database; and
    7. Any other such duties that are deemed necessary to help address vacant properties in the City of Philadelphia.
  3. Meetings. After the initial meeting of all Task Force members, a Core Team consisting, at a minimum, of select members representing the fire department, Licenses and Inspections, the Police Department, City Solicitor's Office, the Office of Innovation and Technology, President of City Council, Chair of City Council's License and Inspection Committee, Chair of City Council's Public Safety Committee, the District Attorney's Office and any other member deemed necessary shall meet as often as necessary until the Vacant Property Inventory is complete and to accomplish the purposes of the Task Force. Once the Vacant Property Inventory is completed, the Task Force shall meet according to such schedule as they establish.
  4. Reports. The Chair shall provide a tri-annual report beginning no later than January 15th of the year following enactment of this section, to the Mayor and the President of City Council on the activities of the Vacant Property Task Force and a listing of all buildings and structures declared vacant under the provisions of this Section, the date they were declared vacant, the date of inspection, the date of the vacant building pre-fire plan and in the case of Large Vacant Commercial or Industrial Properties (LVCIP) the date and status of compliance with Section PM-902 (Special Requirements For FVRP/LVCIPs). The report shall include any funding issues, budgetary needs and or projected operating budgetary deficits. The report may include recommendations for legislative or administrative actions. 312
  5. Technology. The Vacant Property Inventory and Database shall be created through investments in new technology, such as LIDAR and a centralized City-wide computer, that can be accessed by all relevant and approved City personnel. All City departments shall participate fully and work cooperatively in gathering information for the Vacant Property Inventory and Database, while actively pursuing the creation of a City-wide computer system.
  6. Members. Public office holders and their designees shall serve on the Task Force as long as they hold such office.

UpCodes note: This section was amended by Bill. No. 140856 which became effective July 1, 2015.

108.6 Inspection and Evaluation of Vacant Properties

AMENDMENT
This section has been amended at the state or city level.
  1. Joint Inspection Team. The Commissioner of Licenses and Inspections, after consultation with fire department officials, shall select and appoint members to participate in the Joint Inspection Team. The Department of Licenses and Inspections and the fire department shall provide the Task Force with a list of employees that can serve on the Joint Inspection Team. Each Department shall designate a number of employees, no less than two, necessary to complete the requirements of this Section under the outlined time frames.
  2. Access for Inspection. The Joint Inspection Team shall have authority to enter vacant properties for inspection to the fullest extent permitted by federal, state and local law.
  3. Duties of Joint Inspection Team. The Joint Inspection Team shall forthwith undertake systematic inspection of all LVCIP's, beginning with the prioritized list of LVCIP properties located within the Seventh Councilmanic District. Eighteen months after the effective date of subsections F-108.4 through F-108.13, all LVCIP's on the prioritized list within the City shall be inspected by the Joint Inspection Team.
    1. Re-inspections. Vacant properties shall be systematically re-inspected in accordance with the prioritized list or such other form of inspection as is deemed appropriate. Subject to staffing levels and as deemed appropriate by the fire department and the Department of Licenses and Inspections, properties subject to re-inspection shall be inspected by the Joint Inspection team.
  4. Scope of Inspection. The Joint inspection under subsection (3) shall include:
    1. Security. A review of the building security including the means used to prevent unauthorized access and assure that all requirements under PM-902 (Special Requirements For FVRP/ LVCIPs), PM-109 (Unfit Structures), PM-108 (Unsafe Structures and Equipment); PM-110 (Imminently Dangerous Structures) and F-311 (Vacant Premises) are met.
    2. A comprehensive exterior inspection. The inspection should include a risk assessment to determine the stability of the structure and foundation and whether the building is safe for entry. Entry shall only be made into a vacant building which has been declared safe for entry.
    3. Fire Hazards. A joint review of all fire risks and potential hazards, completed to an acceptable standard of practice, including a review of all of the following that are applicable:
      1. Structural building materials (type and age).
      2. Renovations that may be encountered during a fire.
      3. Unprotected hazardous materials and fuel packages, open shafts, pits and holes due to removal of equipment.
      4. Structural degradation due to weather and vandalism.
      5. Exposed structural members.
      6. Penetrations in barriers such as walls, floors, and ceilings that allow normal fire travel, combustible contents, maze-like configurations, blocked or damaged stairs.
      7. Out of plumb windows and doorframes.
      8. Gaps between structural elements.
      9. Unsupported walls, significant cracks in exterior wall.
      10. Partial collapse.
      11. Weakened or missing mortar joints.
      12. Whether fire alarm and suppression systems are present and working.
      13. Building is appropriately marked and identified as required in F-311.5.4. (Placard Symbols).
      14. All the requirements of F-311 (Vacant Premises).
      15. Any other information deemed important.
  5. Vital Building Information Report. The Report shall identify the potential hazards commonly found in vacant and abandoned properties. The report shall include such matters as the fire department deems necessary, including items such as:
    1. Building marking.
    2. Building security.
    3. Utilities.
    4. Building use.
    5. Building construction.
    6. Fire protection system.
    7. Fire potential.
    8. Exposures.
    9. Suppression operations.
    10. Analysis of the building for the potential for: fire extension to other buildings; rapid interior fire spread; structural collapse early in the fire development; fire fighters to become lost or trapped during operations.
  6. Pre-Fire/Hazard Floor Plan for Vacant/ Abandoned Building: Pursuant to such criteria as the fire department determines in consultation with the Department of Licenses and Inspections and other stakeholders, and after such buildings have been declared safe for entry as required under section F-108.6(4), a Pre-fire/Hazard Floor Plan shall be developed for buildings that pose a safety risk to firefighters. A Pre-fire/Hazard Floor Plan shall include:
    1. Building marking.
    2. Measurement of building.
    3. Access, points of entry.
    4. Holes.
    5. Weakened floors.
    6. Exposed structural members.
    7. Sprinkler system.
    8. Active utilities.
    9. Location of utilities.
    10. Hazardous materials on site.
    11. Photographs of structural holes, weakened floors, exposed structural members, and any other structural component or areas deemed important.
    12. Any other information which may be deemed important.

UpCodes note: The original text from Bill No. 140856 says,

"4. Scope of Inspection. The Joint inspection under subsection (3) shall include:

4.1 Security: A review of the building security including the means used to prevent unauthorized access and assure that all requirements under [PM-306 (Vacant Premises)] PM-902 (Special Requirements For FVRP/LVCIPs), [PM-307] PM310 (Unsafe [and Unfit] Structures [and Equipment]), PM-108 (Unsafe Structures and Equipment); [PM-308] PM-311 (Imminently Dangerous Structures) and F-311 (Vacant Premises) are met."

This was corrected to reference the correct section numbers, "...PM-109 (Unfit Structures), PM-108 (Unsafe Structures and Equipment); PM-110 (Imminently Dangerous Structures)".

108.7 Information

AMENDMENT
This section has been amended at the state or city level.
Once inspections, evaluations and any pre-fire/hazard planning are completed all information obtained from inspections and other sources shall be entered into the Vacant Property Database.

108.8 Enforcement

AMENDMENT
This section has been amended at the state or city level.
A vacant building shall be deemed in violation of this Chapter whenever such structure is designated as imminently dangerous, or is otherwise determined by the Department of Licenses and Inspections to constitute a hazard to the health, safety or welfare of the citizens of Philadelphia as a result of:
  1. The attraction of insects or rodents.
  2. Conditions creating a fire hazard.
  3. Dangerous conditions constituting a threat to children.
  4. Frequent use by vagrants as living quarters in the absence of sanitary conditions.
  5. Any violation of PM-902 (Special Requirements For FVRP/LVCIPs) or F-311 (Vacant Premises).

UpCodes note: This section was amended by Bill No. 140856 and became effective on July 1, 2015.

108.9 Procedure for Enforcement

AMENDMENT
This section has been amended at the state or city level.
Whenever a Code official determines, upon inspection, that any vacant building is in violation of the Code, a team member with enforcement authority, by service of a written notice of violation shall initiate the same procedure for enforcement as is contained in PM-902. In all relevant respects, the procedure for enforcement of this Chapter shall be identical to that contained in Section PM-902. 315

UpCodes note: This section was amended by Bill. No. 140856 and became effective on July 1, 2015.

108.10 Notification

AMENDMENT
This section has been amended at the state or city level.
Where the Joint Inspection Team determines that a vacant building is in violation of PM-902 or F-311, a Code official shall issue a written notice of that determination to the registered owner together with an appropriate order to comply with this Code, and a copy shall be posted in a conspicuous place on the premises. 316


UpCodes note: This section was amended by Bill. No. 140856 and became effective on July 1, 2015.

108.11 Service

AMENDMENT
This section has been amended at the state or city level.
Notices required by this Section shall be served on the owner in accordance with the procedures in the Administrative Code.

108.12 Penalty

AMENDMENT
This section has been amended at the state or city level.
If the owner does not comply with the notice or fails, neglects or refuses to repair, correct, alter or improve the violation, or to vacate, close and remove or demolish per the conditions specified in the Code official's notice within the required period of time, the owner shall be subject to penalties set forth in the Administrative Code, provided that each day that any such failure, neglect or refusal to comply with such order continues shall constitute a separate and distinct offense, for which a separate fine may be imposed. As provided in A-601.2 (Fines for Class II Offenses), each day that each such separate offense continues after issuance of a notice or order shall also be deemed a separate offense for which a separate fine may be imposed.

108.13 Abatement

AMENDMENT
This section has been amended at the state or city level.
If the owner does not comply with an order to correct the conditions prohibited by this Code, the City is authorized to correct the conditions or demolish the building with its own forces or by contract and charge the costs thereof to the owner, and with the approval of the Law Department, collect the costs, including administrative costs, by lien, or otherwise.

Section 109 Reduction or Elimination of Life Safety and Fire Protection Services

AMENDMENT
This section has been amended at the state or city level.

109.1 Limitation on Reductions or Eliminations of Fire Companies

AMENDMENT
This section has been amended at the state or city level.
The Fire Department shall not temporarily or permanently reduce or eliminate any ladder or engine company situated in the City unless all of the following requirements have been met:
  1. The Fire Department has provided written notice of the proposed reduction or elimination to uniformed Fire Department personnel assigned to the affected company, to labor organizations representing those personnel and to members of the public served by the company where the proposed reduction or elimination will take place. The Fire Department may place an advertisement in a newspaper of general circulation within the affected area to provide the required public notice.
  2. The Fire Department has secured a comprehensive study to be conducted by an independent third party which shall include, but be not limited to, detailed projections of savings to be achieved by the proposed reduction or elimination, and analyses of the impact of the proposed reduction or elimination on emergency response time, delivery of emergency services to the public and the safety of firefighters. Once the study has been completed, it shall be made available to any interested party that requests a copy.
  3. The Fire Department has convened public hearings to receive feedback on the proposed reduction or elimination in firefighting and emergency services and the results of the study. The Fire Department shall accept written responses relating to the study's findings.

109.1.1 Independent Third Party

AMENDMENT
This section has been amended at the state or city level.
As used in this subsection, the term "independent third party" shall refer to an individual, association or corporation that has experience in the areas of public safety and firefighting.

109.2 Opposition to Reductions or Eliminations

AMENDMENT
This section has been amended at the state or city level.
When a labor organization representing uniformed Fire Department personnel registers its opposition to the findings contained within a study conducted under this subsection or to the proposed reduction or elimination of engine or ladder companies, through either oral testimony at a public hearing or in writing, the Fire Department shall not proceed with the reduction or elimination. Instead, the Fire Department must negotiate in good faith with the labor organization to resolve any disputes over public and firefighter safety arising from each proposed reduction or closure.

109.3 Resolution of Disputes

AMENDMENT
This section has been amended at the state or city level.
  1. In the event that the Fire Department and the labor organization representing the uniformed Fire Department personnel do not resolve all issues related to the proposed reduction or elimination of any fire company, the labor organization may, within ninety days of commencement of the negotiation, submit any unresolved issues to final and binding interest arbitration.
  2. Interest arbitration proceedings under this subsection shall be conducted before a three-person board of arbitrators, who will be selected utilizing the procedure under Section 4(b) of the Act of June 24, 1968 (P.L. 237, No. 111), referred to as the Policemen and Firemen Collective Bargaining Act. The determination of a majority of the board of arbitrators shall be final on the issue or issues in dispute and shall be binding upon the Fire Department.
  3. Each proposed company closure shall be subject to negotiation and arbitration, and no company may be reduced or eliminated absent an arbitration award concluding that the proposed reduction or elimination will not compromise fire personnel and public safety.

109.4 Collective Bargaining

AMENDMENT
This section has been amended at the state or city level.
Nothing in this subsection may be construed to:
  1. Preempt any provision in a mutually agreed upon or awarded collective bargaining agreement that provides for substantially the same or a greater right or protection for uniformed Fire Department personnel than that afforded under this Section; or
  2. Prohibit the negotiation of any additional right or protection for a uniformed Fire Department member who is subject to any collective bargaining agreement.
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