All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant standing water thereon, or within any structure located thereon.
Exception: Approved retention areas and reservoirs.
All premises and exterior property shall be maintained free from weeds or plant growth in excess of (jurisdiction to insert height in 10 inches). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 Subcode "A" (The Philadelphia Administrative Code) and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti.
It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
Private swimming Pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.
- The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
- The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects;
- Structures or components thereof that have reached their limit state;
- Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not maintained, weather resistant or water tight;
- Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects;
- Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;
- Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;
- Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects;
- Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects;
- Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
- Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
- Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or
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Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.
Exceptions:- When substantiated otherwise by an approved method.
- Demolition of unsafe conditions shall be permitted when approved by the code official.
- The City of Philadelphia was established by Charter of 1701, is considered the birthplace of American Independence, the American Revolution and a centerpiece of early American history.
- Philadelphia boasts historical, cultural and architectural lineage longer than that of almost any other place in America, with much of its buildings dating from the early 20th Century or earlier.
- Certain considerations should be made to preserve the character and appeal of this uniquely American city as modern technological advancements are integrated into the City's landscape.
- The City of Philadelphia has a vested interest in protecting its neighborhoods from conditions that could substantially and interfere with enhancing quality of life, fostering and facilitating commerce, maintaining and improving property values, and preserving and protecting the public's health, safety, and welfare.
- The City of Philadelphia has an interest in ensuring the structural integrity and safety of building appurtenants, particularly those that extend into the public right-of-way.
- The City of Philadelphia also recognizes the interest of its citizens in receiving and maintaining access to television, cable and satellite airwaves.
- The Federal Communications Commission in 1996 adopted the Over-the-Air Reception Devices ("OTARD") rule concerning governmental and nongovernmental restrictions on viewers' ability to receive video programming signals.
- Since then, the OTARD ruling has been interpreted by the FCC to allow the imposition of "reasonable" regulations on satellite dish and antenna placement under terms and conditions that don't impede signal access.
- Particular attention needs to be given to tailoring measures that properly balance the interest of cable and satellite signal access and the City's interest in quality of life enhancement, historic preservation and public safety.
- A "dish" antenna that is one meter or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite.
- An antenna that is one meter or less in diameter or diagonal measurement and is designed to receive video programming services via broadband radio service (wireless cable) or to receive or transmit fixed wireless signals other than via satellite.
- An antenna that is designed to receive local television broadcast signals.
During the period from [DATE] to [DATE], every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
- The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
- The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects;
- Structures or components thereof that have reached their limit state;
- Structural members are incapable of supporting nominal loads and load effects;
- Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
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Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.
Exceptions:- When substantiated otherwise by an approved method.
- Demolition of unsafe conditions shall be permitted when approved by the code official.
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Soils that have been subjected to any of the following conditions:
- Collapse of footing or foundation system;
- Damage to footing, foundation, concrete or other structural element due to soil expansion;
- Adverse effects to the design strength of footing, foundation, concrete or other structural element due to a chemical reaction from the soil;
- Inadequate soil as determined by a geotechnical investigation;
- Where the allowable bearing capacity of the soil is in doubt; or
- Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table.
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Concrete that has been subjected to any of the following conditions:
- Deterioration;
- Ultimate deformation;
- Fractures;
- Fissures;
- Spalling;
- Exposed reinforcement; or
- Detached, dislodged or failing connections.
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Aluminum that has been subjected to any of the following conditions:
- Deterioration;
- Corrosion;
- Elastic deformation;
- Ultimate deformation;
- Stress or strain cracks;
- Joint fatigue; or
- Detached, dislodged or failing connections.
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Masonry that has been subjected to any of the following conditions:
- Deterioration;
- Ultimate deformation;
- Fractures in masonry or mortar joints;
- Fissures in masonry or mortar joints;
- Spalling;
- Exposed reinforcement; or
- Detached, dislodged or failing connections.
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Steel that has been subjected to any of the following conditions:
- Deterioration;
- Elastic deformation;
- Ultimate deformation;
- Metal fatigue; or
- Detached, dislodged or failing connections.
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Wood that has been subjected to any of the following conditions:
- Ultimate deformation;
- Deterioration;
- Damage from insects, rodents and other vermin;
- Fire damage beyond charring;
- Significant splits and checks;
- Horizontal shear cracks;
- Vertical shear cracks;
- Inadequate support;
- Detached, dislodged or failing connections; or
- Excessive cutting and notching.
- When substantiated otherwise by an approved method.
- Demolition of unsafe conditions shall be permitted when approved by the code official.
Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches (1067 mm) high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.
Exception: Guards shall not be required where exempted by the adopted building code.
The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure.
Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination.
- a wall which is not less than 2 feet in height;
- metal or masonry posts 4 to 6 inches in diameter placed not more than 5 feet apart nor less than 30 inches in height and connected by metal pipes, rods, fencing or chains; or
- concrete curbing, at least six inches high by four inches wide, permanently located so that any parked vehicle does not encroach on a footway, adjacent property, or into an area where parking is not permitted.
- on private parking lots which are used to store or park commercial vehicles; and
- on private parking lots with a parking area of 2,500 square feet or more.
- use or permit the use of any part of any street or sidewalk for the parking or storing of motor vehicles in connection with the operation of a motor vehicle repair or sales businesses.
- cause or permit the shoveling, plowing or otherwise moving of snow from the private parking lot onto any street or sidewalk.
- The reporting requirement shall not apply to pipelines, bridges, dams, utility towers, tram towers, and water and wastewater discharge and intake structures.
- The reporting requirement shall not apply to vacant piers and other waterfront structures provided:
- A barrier to human occupancy is maintained at all points of access from the on-shore side of the pier or other waterfront structure.
- The owner files an "Affidavit of Vacant Pier" with the code official.
- The owner maintains a vacant property license.
- The pier or other waterfront structure is posted on all sides, in a visible and conspicuous manner, with "Danger-No Trespassing" signs.
- The reporting requirement shall not apply to bulkheads in Fairmount Park.
- The reporting requirements shall not apply to bulkheads along public rights-of-way regulated by other entities.
- Project engineer: A professional engineer registered in the Commonwealth of Pennsylvania shall be designated as the project engineer and shall prepare the structural assessment report. The project engineer shall have at least five years' experience in the field of marine structure construction and design techniques with specific verifiable knowledge of relieving platforms, high water structures, and cellular structure.
- Team leader: All underwater inspections shall be led by and under the direction of a team leader who shall be a professional engineer registered in the Commonwealth of Pennsylvania. The team leader shall have at least three years' experience in the field of marine structure construction and design techniques. The team leader shall also be a qualified diver or shall use a video monitor to assess and record the divers' inspections.
- Divers: Underwater inspections shall be performed by divers who are graduates of a commercial diving school. Divers shall have completed at least 80 hours of instruction specifically related to structural inspections or shall have at least six months verifiable wharf builder experience in the Delaware bay, river, or estuary.
- Routine inspections: Routine inspections shall be performed and a structural assessment report prepared at least once every three years as set forth in Section PM-314.0. The inspections shall include:
- Topside inspections: Topside inspection of the above-water portions of the pier or other waterfront structure.
- Underwater inspections: Underwater inspection by personnel qualified to perform such inspections, of those portions of the pier or other waterfront structure that cannot be inspected above water.
- Post-event inspection: A post-event inspection shall be performed, and a structural assessment report submitted, following a damage-causing event such as impact by vessel, major flood, ice flow, or similar event.
- Safe - No visible damage or only minor to moderate defects or deterioration observed, but no overstressing observed. Structural elements may show very minor deterioration, but no overstressing observed. No repairs are required.
- Safe with a Repair and Maintenance Program - All primary structural elements are sound but minor to moderate defects or deterioration observed. Areas of moderate to advanced deterioration may be present but do not significantly reduce the load-bearing capacity of the structure. Repairs are recommended and may need to be carried out with moderate urgency.
- Unsafe - Advanced deterioration, overstressing, or breakage may have significantly affected the load-bearing capacity of primary structural components. Local failures are possible and loading restrictions may be necessary. Repairs may need to be carried out on a high-priority basis. The structure, or a portion thereof, must be posted with maximum permitted live load certificate(s) and the use restricted or portions barricaded until repairs are completed. Where widespread failure is possible, all occupancy must cease immediately and the structure barricaded and posted. The pier or other waterfront structure, or a portion thereof, must remain closed until repairs are completed and the structure deemed Safe.
- Introduction - The introduction to the report shall include:
- Description of the facility including use (function) and loading conditions.
- Scope of work including any limitations affecting inspections dictated by the owner or site conditions.
- Description of the inspection including equipment, test methods date, time, weather, stage of tide, and the names and qualifications of the survey party.
- Existing conditions - The existing conditions section of the report shall include the following. Data and results shall be documented by drawings/sketches and pictures and shall be reported in a factual manner without comment or analysis.
- Results of topside and underwater inspections.
- Special testing accomplished in the field.
- Results of laboratory testing.
- Evaluation - Evaluate the structure based upon the existing conditions, previous inspections, current use (function), and loading conditions. The overall structural assessment rating pursuant to Section PM-314.3 shall be included in this Section.
- Recommendations - The report shall contain:
- Recommendations for repairs or replacement including any temporary measures that must be taken before completion of the repairs.
- Restrictions of use, and required posting(s) of live load certificate(s).
- Upon discovery of any Unsafe condition, the Project Engineer shall immediately notify the owner of the pier or other waterfront structure by electronic mail or by fax; and shall, within 12 hours of discovery, notify the code official in writing in an electronic format determined by the code official.
- Within twenty-four (24) hours of being notified of an Unsafe condition by a Project Engineer, the owner of a pier or other waterfront structure shall take any actions necessary as recommended by the Project Engineer to protect public safety, such as posting, restricting occupancy or closing the structure.
- The owner shall designate a professional engineer to develop a remediation plan, detailing the extent of the required repairs and temporary measures to ensure public safety. The engineer shall provide periodic structural observations prior to the remediation work and throughout the repair process as required by the Building Code and shall inform the Department if oversight responsibilities are terminated by the owner.
- Within ten (10) days of the issuance of a building permit to repair an Unsafe condition, the owner of a pier or other waterfront structure shall commence work to correct the condition and work shall continue without interruption until the Unsafe condition has been corrected.
- Upon completion of the repairs, the designated professional engineer shall reinspect the structure and submit a sealed statement to the Department that the structure has been made Safe.
- Post Maximum Permitted Live Load Certification - Live load certification signs, approved by the code official, shall be conspicuously posted.
- Barriers - Install barriers and post approved signage to prevent access to specific areas identified by the Project Engineer.
- Restrict Occupancy - Immediately cease operation of any pier or other waterfront structure, or portion thereof, determined by the Project Engineer to be in unsafe condition. Post "Danger - No Trespassing" signs on all sides including the on-shore and out-shore sides. Install a barrier to prevent access to the pier or other waterfront structure, or portion thereof, from all points of access.
- Upon consideration of any such appeal, the Board shall issue a recommendation to the Commissioner either to grant the appeal; deny the appeal; or grant the appeal with such proposed modifications to the Project Engineer's findings as the Board deems consistent with the intent of this Section. The Commissioner thereafter shall make the final determination on the appeal.
- The owner of the pier or other waterfront structure may appeal the determination of the Commissioner to the Board of License and Inspection Review, pursuant to the procedures set forth in Section A-803.1 of The Administrative Code.
- Affected Buildings. All buildings six or more stories in height; all buildings with any appurtenance in excess of 60 feet in height; and any building located in the following areas, other than one- or two-family dwellings, greater than two stories.
- Professional. A Commonwealth of Pennsylvania licensed Professional Engineer experienced in the practice of structural engineering or a licensed Registered Architect knowledgeable in the design, construction, and inspection of building facades.
- Safe. A condition of a building wall or any appurtenance thereto that is neither an Unsafe condition nor Safe with a Repair and Maintenance Program.
- Safe with a Repair and Maintenance Program. A condition of a building's exterior wall or any appurtenance thereto or any part thereof that the Professional does not consider Unsafe at the time of inspection, but requires repairs or maintenance within a time period designated by the Professional in order to prevent its deterioration into an Unsafe condition.
- Unsafe condition. A condition of a building's exterior wall or any appurtenance thereto or part thereof that is dangerous to persons or property and requires prompt remedial action.
- The owner of each Affected Building shall be responsible for retaining a Professional to conduct periodic inspections of exterior walls and any appurtenances thereto, except for those parts of any exterior wall which are less than twelve inches from the exterior wall of an adjacent building, and to prepare and file a report on such inspection as required by this Section.
- For Affected Buildings, the first inspection required by this Section shall be conducted as shown in the following schedule:
Construction Date Report to be completed no later than: Prior to and including 1950 June 30, 2011 1951 - 1970 June 30, 2012 1971 - 1980 June 30, 2013 1981 - 1990 June 30, 2014 1991 - 2005 June 30, 2015
If the date of construction cannot be determined by the owner, the first inspection must be performed by June 30, 2011. For all other buildings, the first inspection shall be conducted, and required report shall be filed, within ten years after the certificate of occupancy was issued. - Following the Initial Inspection, an Affected Building shall be re-inspected, and the required report shall be filed, on a five-year cycle based on the original schedule.
- If all facades of an Affected Building have been substantially restored during the five years immediately preceding the date of any required inspection, the owner may apply to the code official for a waiver of the required inspection. The owner shall submit with such application such information as the code official determines is necessary to enable it to evaluate the request. The code official shall grant the waiver if it determines that the recent facade restoration obviates the need for an inspection until the next inspection cycle.
- Before inspecting an Affected Building, the retained Professional shall review previous reports, inspections, and evidence of repairs made in the past 5 year period, including confirmation that all areas previously determined to require remediation in less than 5 years (as noted in any previous report) have been addressed.
- The inspection shall be conducted by or under the supervision of the Professional, and performed to the best of his/her knowledge and belief. The Professional shall determine the extent of the inspection required, based upon the known history of the building, the nature of the materials used, and the conditions observed. The Professional shall determine methods employed in the inspection, but need not be physically present at the location where the inspection is made.
- The methods used to inspect a building shall permit a physical, hands-on inspection of the building. The Professional may use other methods of inspection as deemed appropriate, except that a physical inspection from a scaffold or other observation platform is required for a representative sample of the exterior wall. The Professional shall determine what constitutes a representative sample.
- The Professional shall employ the appropriate professional standard of care to detect distressed conditions such as delaminating, separating, splitting or fracturing of material or components as well as movement or displacement indicative of unsound facade materials or loss of structural support. If a distressed condition is identified, the Professional shall order any other inspections and/or tests that may be required to determine the significance and probable cause of the observed distress.
- During the course of the inspection, photographs shall be taken and/or sketches made to properly document the location of all conditions observed that are either Unsafe or Safe with a Repair and Maintenance Program.
- Upon discovery of any Unsafe condition the Professional shall immediately notify the owner of the building by electronic mail or by fax; and shall, within 12 hours of discovery, notify the code official in writing and in an electronic format determined by the code official.
- The Professional shall submit to the owner of the building a written report as to the result of each inspection, certifying that the inspection was performed and completed in accordance with this Code, and detailing all conditions not classified as Safe. The Professional shall also submit a summary of the written report to the code official in a form determined by the code official. The code official may by regulation impose a processing fee, not to exceed one hundred dollars ($100), that must be paid upon submission of the summary of the written report. If the report identifies an Unsafe condition, then the Professional, within 24 hours of completion of the report, shall file the full report with the code official in writing and in an electronic format determined by the code official. The owner or its agent shall retain all written reports submitted pursuant to this Section and keep them readily available for inspection by the code official.
- The report shall include, on the front page, the name and license number of the Professional and shall be signed, sealed and dated by the Professional in accordance with the professional registration laws of the Commonwealth of Pennsylvania, and shall include:
- The address and the location from the nearest intersection.
- The name, mailing address, and telephone number of the owner of the building and of the owner's agent or person in charge, possession or control of the building, if any.
- A description of the building, including number of stories, height, plan dimensions, usage, age and type of exterior wall construction, and system of water management.
- A brief history of any settlements, repairs, revisions to exterior enclosures, if available.
- The date of the start and completion of the inspection, a detailed description of the procedures used in making the inspection, and the extent and location of all physical inspections performed.
- A report of all conditions including but not limited to significant deterioration and movement observed as well as a statement concerning the apparent water-tightness of the exterior surfaces, and the deleterious effect of exterior appurtenances, including exterior fixtures, flagpoles, signs, parapets, copings, guard rails, window frames (including hardware and lights), window guards, window air conditioners, flower boxes, and similar items. The report shall classify each such condition as Safe, Unsafe, or Safe with a Repair and Maintenance Program.
- The probable causes of the reported conditions.
- The status of the exterior maintenance.
- For any conditions listed in the previously filed report (if any), whether such conditions have been repaired and/or maintained as recommended in that report.
- Recommendations for repairs or maintenance, if appropriate, including the recommended time frame for the repairs or maintenance to be performed.
- The classification of the building according to the following scheme:
- "Unsafe," if there is at least one unsafe condition.
- "Safe with a Repair and Maintenance Program," if there is a condition that is "Safe with Repair and Maintenance Program" and there are no Unsafe conditions.
- "Safe", in all cases other than a or b.
- Photographs and/or sketches documenting the locations of any conditions that are either Unsafe or Safe with a Repair and Maintenance Program.
- A statement by the Professional indicating which repairs and/or maintenance require the obtaining of work permits prior to their commencement.
- A statement signed by the owner or agent of the building, acknowledging receipt of a copy of the report and acknowledging all required repairs and/or maintenance (if any) and the recommended time frame for performing such repairs and/or maintenance.
- The Professional's certification that the physical inspection was performed in accordance with applicable rules and regulations and within the appropriate professional standard of care.
- The Professional's seal and signature.
- Such other matters as the code official may by regulation require.
- The Professional may submit an amended report within thirty (30) days of the initial submission. The amended report shall clearly indicate any change from the initial report and all reasons for such changes.
- Within twenty-four (24) hours of being notified of an Unsafe condition by a Professional, the owner of a building shall take any actions necessary to protect public safety, such as erecting sidewalk sheds, fences, and/or safety netting. Such actions shall be considered as an effort to remedy an emergency situation and appropriate permit applications shall be submitted within the next three (3) days to the code official.
- Within ten (10) days of the receipt or filing of a report identifying an Unsafe condition, the owner of a building shall commence work to correct the condition and work shall continue without interruption until the Unsafe condition has been corrected, unless there has been an unforeseen delay (e.g. weather, labor strike). Within two weeks after the Unsafe condition has been corrected, the Professional shall reinspect the building and file with the code official a detailed amended report stating the condition of the building.
- The code official may grant an extension of time of up to ninety (90) days to begin the repairs required to remove an Unsafe condition or to repair a Safe with Repair and Maintenance Program condition, after receipt and review of an initial extension application submitted by the Professional which includes:
- Proof that the premises have been made safe by means of a shed, fence, or other appropriate measures.
- A copy of the contract indicating the scope of work necessary to remedy the Unsafe condition(s).
- The Professional's estimate of the length of time required for repairs, and a notarized affidavit by the owner of the building or its agent that work will be completed within such time.
- A further extension of time will be considered by the code official only upon receipt and review of a further extension application which details that one of the following is met:
- The work has been substantially completed, but there has been an unforeseen delay (e.g. weather, labor strike).
- Unforeseen circumstances (e.g., fire, building collapse).
- The nature of hazard requires more than 90 days to remove (e.g., new wall to be built).
- Upon consideration of any such appeal, the Board shall issue a recommendation to the code official either to grant the appeal; deny the appeal; or grant the appeal with such proposed modifications to the Professional's findings as the Board deems consistent with the intent of this Section. The code official thereafter shall make the final determination on the appeal.
- The owner of the building may appeal the determination of the code official to the Board of License and Inspection Review, pursuant to the procedures set forth in Section A-803.2 of The Administrative Code.
- Private Bridge. An elevated structure that crosses over any part of a public right-of-way or publicly-owned pedestrian, bicycle or equestrian trail that typically allows for pedestrian passage between buildings or supports building systems and processing equipment or allows for vehicular access to private property, and often is referred to as a skyway, catwalk, skybridge or skywalk. A private bridge does not include a structure inspected as required by a federal authority such as the Federal Highway Administration or the Federal Railroad Administration.
- Professional. A Commonwealth of Pennsylvania licensed Professional Engineer experienced in the practice of structural engineering.
- Safe. A condition of a private bridge or any appurtenance thereto that is neither an Unsafe condition nor Safe with a Repair and Maintenance Program.
- Safe with a Repair and Maintenance Program. A condition of a private bridge or any appurtenance thereto or any part thereof that the Professional does not consider Unsafe at the time of inspection, but requires repairs or maintenance in order to prevent its deterioration into an Unsafe condition.
- Unsafe Condition. A condition of a private bridge or any appurtenance thereto or part thereof that is dangerous to persons or property and in need of prompt remedial action.
- The owner of a private bridge shall be responsible for retaining a Professional to conduct periodic inspections of the structure and any appurtenances thereto, and to prepare and file a report on such inspection as required by this Section.
- The initial inspection required by this Section shall be conducted, and the required report shall be filed, on or before July 1, 2017. If the construction of the private bridge was completed after July 1, 2007, the first inspection shall be conducted within ten years after the certificate of occupancy was issued or, in such case where the bridge is not connected to a building, construction of the bridge was completed. All reports shall be filed within three months of the inspection that is the subject of the report.
- Following the initial inspection, and every inspection thereafter, a private bridge shall be re-inspected, and the required report shall be filed within five years of the filing of the report concerning the previous inspection.
- If a private bridge has been substantially restored during the five years immediately preceding the date of any required inspection report, the owner may submit to the code official a request for a waiver of the required inspection. The owner shall submit with such application such information as the code official determines is necessary to enable evaluation of the request. The code official shall grant the waiver if it determines that the restoration obviates the need for an inspection until a date established by the Code official.
- Before inspecting a private bridge, the retained Professional shall review previous reports, inspections, and evidence of repairs made in the 5 year period prior to the inspection, including confirmation that all areas previously determined to require remediation in less than 5 years (as noted in any previous report) have been addressed.
- The inspection shall be conducted by or under the supervision of the Professional. The Professional shall determine the extent of the inspection required, based upon the known history of the private bridge, the nature of the materials used, and the conditions observed. The Professional shall determine the methods employed in the inspection. The Professional need not be physically present at the location where the inspection is made.
- The methods used to inspect a private bridge shall include a physical, hands-on inspection of the structure, its support systems and any appurtenances attached to the private bridge. The Professional may use other methods of inspection as deemed appropriate.
- The Professional shall employ the appropriate professional standard of care to detect distressed conditions such as spalling, delaminating, separating, splitting or fracturing of material or components as well as movement or displacement indicative of unsound exterior covering materials or loss of structural support. If a distressed condition is identified, the Professional shall order any other inspections and/or tests that may be required to determine the significance and probable cause of the observed distress.
- During the course of the inspection, photographs shall be taken and/or sketches made to properly document the location of all conditions observed that are either Unsafe or Safe with a Repair and Maintenance Program.
- Upon discovery of any Unsafe condition the Professional shall immediately notify the owner of the private bridge by electronic mail or by fax; and shall, within 12 hours of discovery, notify the code official in writing and in an electronic format determined by the code official.
- The Professional shall submit to the owner of the private bridge a written report as to the result of each inspection. The Professional shall also submit a summary of the written report to the code official in a form determined by the code official. The code official may by regulation impose a processing fee, not to exceed one hundred dollars ($100), that must be paid upon submission of the summary of the written report. If the report identifies an Unsafe condition, then the Professional, within 24 hours of completion of the report, shall file the full report with the code official in writing and in an electronic format determined by the code official. The owner or owner's agent shall retain all written reports submitted pursuant to this Section and keep them readily available for inspection by the code official.
- The report shall include, on the front page, the name and license number of the Professional and the date of the report, and shall include the following:
- The addresses of any buildings connected to the private bridge and the public right-of-way or trail spanned by the private bridge.
- The name, mailing address, and telephone number of the owner of the private bridge and of the owner's agent or person in charge, possession or control of the private bridge, if any.
- A description of the private bridge, including number of stories, clearance above the public way, plan dimensions, usage, age and type of exterior wall construction, and system of water management.
- A brief history of any known changes, repairs or revisions to the private bridge.
- The date of the start and completion of the inspection, a detailed description of the procedures used in making the inspection, and the extent and location of all physical inspections performed.
- A report of all conditions, including, but not limited to, significant deterioration, and movement, the apparent watertightness of the exterior surfaces and any deleterious impact or condition of exterior appurtenances, including exterior fixtures, signs, copings, window frames, hardware, lights and similar items. The report shall classify each such condition as Safe, Unsafe, or Safe with a Repair and Maintenance Program.
- The probable causes of the reported conditions.
- The status of ongoing maintenance efforts.
- For any conditions listed in any previously filed report, whether such conditions have been repaired and/or maintained as recommended in that report.
- Recommendations for repairs or maintenance, if appropriate, including the recommended time frame for the repairs or maintenance to be performed.
- The classification of the private bridge overall according to the following scheme:
- "Unsafe," if there is at least one unsafe condition.
- "Safe with a Repair and Maintenance Program," if there is a condition that is "Safe with Repair and Maintenance Program" and there are no Unsafe conditions.
- "Safe," in all cases other than a or b.
- Photographs and/or sketches documenting the locations of any conditions that are either Unsafe or Safe with a Repair and Maintenance Program.
- A statement by the Professional indicating which repairs and/or maintenance require work permits prior to their commencement.
- A statement signed by the owner or agent of the private bridge, acknowledging receipt of a copy of the report and acknowledging any required repairs and/or maintenance and the recommended time frame for performing such repairs and/or maintenance.
- The Professional's certification that, to the best of his or her knowledge and belief, the physical inspection was performed in accordance with applicable rules and regulations, including the provisions of this Section, and within the appropriate professional standard of care.
- The Professional's seal and signature in accordance with the professional registration laws of the Commonwealth of Pennsylvania.
- Such other matters as the code official may require by regulation.
- The Professional may submit an amended report. The amended report shall clearly identify any change from the initial report and all reasons for such changes.
- Within twenty-four (24) hours of being notified of an Unsafe condition by a Professional, the owner of a private bridge shall take any actions necessary to protect public safety, such as closing the private bridge and erecting sidewalk sheds, fences, and/or safety netting. Such actions shall be considered part of an effort to remedy an emergency situation and applications for any required permit shall be filed with the code official within three (3) days of notification.
- Within ten (10) days of the receipt of a report identifying an Unsafe condition, the owner of a private bridge shall commence work to correct the condition and work shall continue without interruption until the Unsafe condition has been corrected. Within two weeks after the Unsafe condition has been corrected, the Professional shall reinspect the private bridge and file with the code official a detailed amended report concerning the condition of the private bridge.
- Upon application of the owner, the code official may grant an extension of time of up to ninety (90) days to begin the repairs required to remove an Unsafe condition or to repair a Safe with Repair and Maintenance Program condition, provided such application includes:
- Proof that the structure has been made safe by means of a shed, fence, netting or other appropriate measures.
- A copy of the contract indicating the scope of work necessary to remedy the condition(s) requiring action.
- The Professional's estimate of the length of time required for repairs and statement of agreement to the need for an extension.
- A notarized certification by the owner of the private bridge or owner's agent that work will be completed within the established time.
- A further extension of time will be considered by the code official only upon receipt and review of a further extension application which details that one of the following justifications warrants and extension:
- The work has been substantially completed, but there has been an unforeseen delay (e.g. weather, labor strike).
- Unforeseen circumstances (e.g., fire, building collapse).
- The nature of the hazard requires more than 90 days to address (e.g., new private bridge to be built).
- The owner of the private bridge may appeal the findings set forth in the Professional's initial report or amended report to the Board of Building Standards. Such appeal must be filed within thirty (30) days of the receipt or filing of the report, and must include a second Professional's report. The filing and pendency of such an appeal shall stay the requirement for making repairs as set forth in Section PM-316.5.2, but not the requirement for taking actions necessary to protect public safety as set forth in Section PM-316.5.1.
- Upon consideration of any such appeal, the Board shall issue a recommendation to the Commissioner either to grant the appeal; deny the appeal; or grant the appeal with such proposed modifications to the Professional's findings as the Board deems consistent with the intent of this Section. The Commissioner thereafter shall make the final determination on the appeal.
- The owner of the private bridge may appeal the determination of the Commissioner to the Board of License and Inspection Review, pursuant to the procedures set forth in The Administrative Code.