ADOPTS WITH AMENDMENTS:

International Property Maintenance Code 2009 (IPMC 2009)

Heads up: There are no suggested sections in this chapter.
Heads up: There are no amended sections in this chapter.
The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.
All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.

302.2 Grading and Drainage

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

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 sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.

302.4 Weeds

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

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.

All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.

302.7.1 Temporary Fences

AMENDMENT
This section has been amended at the state or city level.
No person shall place or maintain a fence in the 10th Councilmanic District that is free-standing (meaning not permanently affixed to the property) and that is of a type customarily used for building projects and construction sites, such as a modular chain-link fence, unless such free-standing fence is placed and maintained in connection with a building permit issued pursuant to Subcode "A" (The Philadelphia Administrative Code), or unless such fence is placed and maintained to protect against either a potential safety hazard from an ongoing work process for which a building permit is not required or any imminent safety hazard. Any temporary fence so placed shall be removed upon completion of the work authorized by such building permit or the elimination of the present or potential safety hazard.

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.

Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.

303.2 Enclosures

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

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 exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:
  1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
  2. 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;
  3. Structures or components thereof that have reached their limit state;
  4. 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;
  5. Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects;
  6. 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;
  7. 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;
  8. 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;
  9. 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;
  10. 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;
  11. 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;
  12. 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
  13. 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:
    1. When substantiated otherwise by an approved method.
    2. Demolition of unsafe conditions shall be permitted when approved by the code official.
All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).
All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.

304.6.1 Satellite Dishes and Antennas; Findings

AMENDMENT
This section has been amended at the state or city level.
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. The City of Philadelphia also recognizes the interest of its citizens in receiving and maintaining access to television, cable and satellite airwaves.
  7. 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.
  8. 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.
  9. 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.

304.6.2 Satellite Dishes and Antennas; Locations

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

304.6.2.1

AMENDMENT
This section has been amended at the state or city level.
Where an alternative location is available, including but not limited to a roof, rear yard or facade, or side yard or facade, no property owner or tenant in a multiple-family or two-family dwelling shall place or permit the placement of a satellite dish or antenna between the facade of the building and the street, unless the device is wholly within a balcony or patio area that is under the exclusive use or control of the unit owner or tenant.

304.6.2.2

AMENDMENT
This section has been amended at the state or city level.
Where an alternative location is available for placement of a satellite dish or antenna, with no material delay or material reduction in signal reception and at no significant additional cost to the owner or tenant (including but not limited to a roof, rear yard or facade, or side yard or facade), no property owner or tenant in a one-family dwelling shall place, install or maintain, or allow to be placed, installed or maintained, a satellite dish or antenna between the facade of a building and the street.

304.6.2.3

AMENDMENT
This section has been amended at the state or city level.
Any property owner or tenant in a one-family, two-family or multi-family dwelling, if his or her satellite dish or antenna was installed by a provider or installer, shall keep the certification provided by the installer as required by Section 9-632(4) of this Code at the residence at which the satellite dish or antenna is maintained, and shall produce it upon request by an inspector from the Department.

304.6.2.4

AMENDMENT
This section has been amended at the state or city level.
No property owner or tenant shall place a satellite dish or antenna that does not meet one of the following criteria between the facade of any building and the street:
  1. 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.
  2. 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.
  3. An antenna that is designed to receive local television broadcast signals.

304.7 Roofs and Drainage

AMENDMENT
This section has been amended at the state or city level.
The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.
All glazing materials shall be maintained free from cracks and holes.
Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.

304.14 Insect Screens

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

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.

304.14 [Reserved]

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

304.15 Doors

AMENDMENT
This section has been amended at the state or city level.
All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3 PM-702.3.
Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.
Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.
Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a lock throw of not less than 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock.
Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device.
Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry.

304.19 Additional Requirements for Doors, Windows and Other Openings

AMENDMENT
This section has been amended at the state or city level.
The owner of a structure, including a vacant structure, shall keep all doors, windows and openings from the roof or other areas in good repair, and shall ensure that such doors, windows and openings are securely locked, fastened or otherwise secured. Sealing such a property with boards or masonry or other materials that are not windows with frames and glazing or entry doors shall not constitute good repair or being locked, fastened or otherwise secured.

304.19.1 Use of Alternative Materials

AMENDMENT
This section has been amended at the state or city level.
If securely fastened windows and doors fail or are inadequate to prevent trespassers from entering a building, the owner shall take any measures prescribed by the code official to prevent unauthorized entry to the premises by closing all openings with materials approved by the code official, such as closing and securing all accessible openings using a commercial-quality, 14 gauge, rust-proof steel security panel or door, or such other materials deemed by the code official to provide an equivalent level of protection considering the specific characteristics of a property and its location. Security panels and doors shall be secured from the building interior, allow emergency access such as by key, and have an exterior finish that allows for easy removal of graffiti. The owner of property who shall obtain approval from the code official to use alternative materials. The code official shall promulgate regulations outlining the process by which an owner may obtain approval to use alternative materials.
The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:
  1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
  2. 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;
  3. Structures or components thereof that have reached their limit state;
  4. Structural members are incapable of supporting nominal loads and load effects;
  5. 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;
  6. 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:
    1. When substantiated otherwise by an approved method.
    2. Demolition of unsafe conditions shall be permitted when approved by the code official.
All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.
All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.
The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition.
Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code as required for existing buildings:
  1. Soils that have been subjected to any of the following conditions:
    1. Collapse of footing or foundation system;
    2. Damage to footing, foundation, concrete or other structural element due to soil expansion;
    3. Adverse effects to the design strength of footing, foundation, concrete or other structural element due to a chemical reaction from the soil;
    4. Inadequate soil as determined by a geotechnical investigation;
    5. Where the allowable bearing capacity of the soil is in doubt; or
    6. Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table.
  2. Concrete that has been subjected to any of the following conditions:
    1. Deterioration;
    2. Ultimate deformation;
    3. Fractures;
    4. Fissures;
    5. Spalling;
    6. Exposed reinforcement; or
    7. Detached, dislodged or failing connections.
  3. Aluminum that has been subjected to any of the following conditions:
    1. Deterioration;
    2. Corrosion;
    3. Elastic deformation;
    4. Ultimate deformation;
    5. Stress or strain cracks;
    6. Joint fatigue; or
    7. Detached, dislodged or failing connections.
  4. Masonry that has been subjected to any of the following conditions:
    1. Deterioration;
    2. Ultimate deformation;
    3. Fractures in masonry or mortar joints;
    4. Fissures in masonry or mortar joints;
    5. Spalling;
    6. Exposed reinforcement; or
    7. Detached, dislodged or failing connections.
  5. Steel that has been subjected to any of the following conditions:
    1. Deterioration;
    2. Elastic deformation;
    3. Ultimate deformation;
    4. Metal fatigue; or
    5. Detached, dislodged or failing connections.
  6. Wood that has been subjected to any of the following conditions:
    1. Ultimate deformation;
    2. Deterioration;
    3. Damage from insects, rodents and other vermin;
    4. Fire damage beyond charring;
    5. Significant splits and checks;
    6. Horizontal shear cracks;
    7. Vertical shear cracks;
    8. Inadequate support;
    9. Detached, dislodged or failing connections; or
    10. Excessive cutting and notching.
Exceptions:
  1. When substantiated otherwise by an approved method.
  2. 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.

All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.

308.2 Disposal of Rubbish

AMENDMENT
This section has been amended at the state or city level.
Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers, and shall also dispose of all recyclable materials (material listed in ยง 10-717(2)(a)) by placing such materials in an approved container required by Section PM-308.2.1.

UpCodes note: This section was amended by Bill No. 150217. The bill became effective on July 1, 2015.

308.2.1 Rubbish Storage Facilities

AMENDMENT
This section has been amended at the state or city level.
The owner of every occupied premises shall supply approved covered containers for rubbish, and a separate, approved container for recyclable materials. The owner of any premises containing ten or more dwelling units shall provide one rubbish and one recycling container in the area of the building designated as the lobby or foyer or other designated areas inside the premises, without obstructing ingress or egress; or in a secure outside area adjacent to the premises, not in a public right-of-way, and at a minimum distance of five (5) feet from any entrance to the premises. No more than two (2) containers may be placed in each of the permitted areas. Each container shall be made of non-combustible material, have a tight-fitting lid, and have a maximum capacity of twenty (20) gallons. and The owner of the premises shall be responsible for the regular removal of rubbish the contents of the said containers.

UpCodes note: This section was amended by Bill No. 150217. The bill became effective on July 1, 2015.
Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors.
Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.

308.3.1 Garbage Facilities

AMENDMENT
This section has been amended at the state or city level.
The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container in a secure location adjacent to the premises, not in a public right-of-way, and at a minimum distance of five (5) feet from any entrance to the premises.

UpCodes note: This section was amended by Bill No. 150217. The bill became effective on July 1, 2015.
The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.

308.4 Dumpster Enclosures

AMENDMENT
This section has been amended at the state or city level.
A dumpster, as defined in Section 10-722 of this Code ("Use of Dumpsters"), that is stored out-of-doors, but not in the public right-of-way, shall be maintained within an enclosure to conceal the dumpster from view from the right-of-way. A dumpster enclosure may be an opaque fence, a shrubbery fence, or an enclosed structure. Any structure built after the effective date of this provision for use as an enclosure for a dumpster shall comply with the requirements of Subcode B of Title 4, The Philadelphia Building Code, and Title 14, The Zoning Code.

UpCodes note: This section was added by Bill No. 180348. The bill was approved July 18, 2018.
All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.
The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises.
The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for extermination.

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.

Section 310 [Reserved]

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

Section 311 [Reserved]

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

Section 312 Temporary Construction

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

312.1 Approval

AMENDMENT
This section has been amended at the state or city level.
Temporary construction of scaffolding, sidewalk sheds, and similar devices erected in conjunction with any repair, maintenance or abatement activity shall be approved in accordance with the building code.

312.2 Duration

AMENDMENT
This section has been amended at the state or city level.
Temporary construction as provided in Section PM-312.1 shall be in place for only such time as is necessary for the activity to be completed with due diligence and shall be removed within 30 days after completion of the activity served by the temporary construction.

Section 313 Private Parking Lots

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

313.1 General

AMENDMENT
This section has been amended at the state or city level.
All owners and operators of private parking lots shall comply with the requirements of this Section PM-313, the Zoning Code, and the Philadelphia Building Code.

313.2 Barriers

AMENDMENT
This section has been amended at the state or city level.
A permanent substantial barrier shall be maintained around the private parking lot area. Such barrier shall be constructed of metal or masonry and shall be:
  1. a wall which is not less than 2 feet in height;
  2. 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
  3. 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.

313.3 Surfacing

AMENDMENT
This section has been amended at the state or city level.
All areas of the private parking lot shall be surfaced in accordance with regulations issued by the Department of Streets to prevent the spread of dust, dirt or mud. These regulations shall require the use of permanent paving materials:
  1. on private parking lots which are used to store or park commercial vehicles; and
  2. on private parking lots with a parking area of 2,500 square feet or more.

313.4 Use of Streets

AMENDMENT
This section has been amended at the state or city level.
The owner of a private parking lot shall not:
  1. 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.
  2. cause or permit the shoveling, plowing or otherwise moving of snow from the private parking lot onto any street or sidewalk.

Section 314 Piers and Other Waterfront Structures

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

314.0 General

AMENDMENT
This section has been amended at the state or city level.
In order to confirm and maintain the structural integrity of their structures, the owners of piers, bulkheads, wharves, docks, and other structures that have structural elements partly or totally below water along the shorelines of the Delaware River, Schuylkill River, or estuaries shall inspect and submit a structural assessment report to the code official on a triennial basis with the first report due no later than January 1, 2003. Subsequent reports will be due every three years thereafter. The structural assessment report shall be subject to the provisions of Sections PM-314.1 through PM-314.7.

Exceptions:
  1. The reporting requirement shall not apply to pipelines, bridges, dams, utility towers, tram towers, and water and wastewater discharge and intake structures.
  2. The reporting requirement shall not apply to vacant piers and other waterfront structures provided:
    1. A barrier to human occupancy is maintained at all points of access from the on-shore side of the pier or other waterfront structure.
    2. The owner files an "Affidavit of Vacant Pier" with the code official.
    3. The owner maintains a vacant property license.
    4. The pier or other waterfront structure is posted on all sides, in a visible and conspicuous manner, with "Danger-No Trespassing" signs.
  3. The reporting requirement shall not apply to bulkheads in Fairmount Park.
  4. The reporting requirements shall not apply to bulkheads along public rights-of-way regulated by other entities.

UpCodes note: This section was added by Bill No. 180746. The bill was approved January 3, 2019.

314.1 Minimum Qualification of Inspection Personnel

AMENDMENT
This section has been amended at the state or city level.
The personnel involved in the inspection of piers and other waterfront structures shall possess the following qualifications:
  1. 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.
  2. 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.
  3. 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.

314.2 Inspections

AMENDMENT
This section has been amended at the state or city level.
The inspections required by this Section shall be classified as follows:
  1. 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:
    1. Topside inspections: Topside inspection of the above-water portions of the pier or other waterfront structure.
    2. 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.
  2. 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.

314.2.1 Previous Inspections

AMENDMENT
This section has been amended at the state or city level.
Prior to performing a routine or post-event inspection of a pier or waterfront structure, the Project Engineer shall review previous reports, inspections, and evidence of repairs made in the past three (3) year period, including confirmation that all areas previously determined to require remediation in less than three (3) years (as noted in any previous report) have been addressed. The results shall be included in the structural assessment report.

UpCodes note: This section was added by Bill No. 180746. The bill was approved January 3, 2019.

314.3 Structural Assessment Rating

AMENDMENT
This section has been amended at the state or city level.
A rating system conforming to the following criteria shall be used in the structural assessment report to describe the overall condition of the pier or other waterfront structure:
  1. 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.
  2. 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.
  3. 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.
UpCodes note: This section was added by Bill No. 180746. The bill was approved January 3, 2019.

314.4 Structural Assessment Report

AMENDMENT
This section has been amended at the state or city level.
Structural assessment reports shall be sealed by the project engineer. Each report shall consist of the following Sections:
  1. Introduction - The introduction to the report shall include:
    1. Description of the facility including use (function) and loading conditions.
    2. Scope of work including any limitations affecting inspections dictated by the owner or site conditions.
    3. Description of the inspection including equipment, test methods date, time, weather, stage of tide, and the names and qualifications of the survey party.
  2. 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.
    1. Results of topside and underwater inspections.
    2. Special testing accomplished in the field.
    3. Results of laboratory testing.
  3. 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.
  4. Recommendations - The report shall contain:
    1. Recommendations for repairs or replacement including any temporary measures that must be taken before completion of the repairs.
    2. Restrictions of use, and required posting(s) of live load certificate(s).
UpCodes note: This section was amended by Bill No. 180746. The bill was approved January 3, 2019.

314.4.1 Summary Report

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

UpCodes note: This section was added by Bill No. 180746. The bill was approved January 3, 2019.

314.4.2 Submission Period

AMENDMENT
This section has been amended at the state or city level.
363.10 Structural assessment reports and summary reports shall be submitted to the code official within sixty days of physical inspection.

UpCodes note: This section was added by Bill No. 180746. The bill was approved January 3, 2019.

314.5 Unsafe Conditions

AMENDMENT
This section has been amended at the state or city level.
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
UpCodes note: This section was added by Bill No. 180746. The bill was approved January 3, 2019.

314.5.1 Posting and Restricted Occupancy

AMENDMENT
This section has been amended at the state or city level.
Where an Unsafe condition is reported, the following actions shall be taken based upon the recommendations of the Project Engineer, as detailed in the structural assessment report:
  1. Post Maximum Permitted Live Load Certification - Live load certification signs, approved by the code official, shall be conspicuously posted.
  2. Barriers - Install barriers and post approved signage to prevent access to specific areas identified by the Project Engineer.
  3. 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.

314.6 Conditions That Are Safe With a Repair and Maintenance Program

AMENDMENT
This section has been amended at the state or city level.
The owner of the pier or waterfront structure is responsible for ensuring that the conditions described in the report as Safe with a Repair and Maintenance Program are repaired and the actions identified by the Project Engineer are completed within the time frame designated by the Project Engineer or by such time necessary to prevent a condition from becoming an Unsafe condition, whichever is sooner.

UpCodes note: This section was added by Bill No. 180746. The bill was approved January 3, 2019.

314.7 Appeals

AMENDMENT
This section has been amended at the state or city level.
The owner of the pier or other waterfront structure may appeal the findings set forth in the Project Engineer's 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 a second Project Engineer's report shall be submitted within thirty (30) days of filing the appeal. The filing and pendency of such an appeal shall stay the requirement for making repairs as set forth in Section PM-314.5, but not the requirement for taking actions necessary to protect public safety as set forth in Section PM-314.5.1.
  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 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.
  2. 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.
UpCodes note: This section was added by Bill No. 180746. The bill was approved January 3, 2019.

Section 315 Periodic Inspection of Exterior Walls and Appurtenances of Buildings

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

315.1 Definitions

AMENDMENT
This section has been amended at the state or city level.
The following definitions shall apply to this Section PM-315:
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

315.2 Inspections Required

AMENDMENT
This section has been amended at the state or city level.
  1. 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.
  2. 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.
  3. 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.
  4. 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.

315.3 Inspection Procedures

AMENDMENT
This section has been amended at the state or city level.
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

315.4 Report Requirements

AMENDMENT
This section has been amended at the state or city level.
  1. 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.
  2. 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:
    1. The address and the location from the nearest intersection.
    2. 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.
    3. 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.
    4. A brief history of any settlements, repairs, revisions to exterior enclosures, if available.
    5. 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.
    6. 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.
    7. The probable causes of the reported conditions.
    8. The status of the exterior maintenance.
    9. 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.
    10. Recommendations for repairs or maintenance, if appropriate, including the recommended time frame for the repairs or maintenance to be performed.
    11. The classification of the building according to the following scheme:
      1. "Unsafe," if there is at least one unsafe condition.
      2. "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.
      3. "Safe", in all cases other than a or b.
    12. Photographs and/or sketches documenting the locations of any conditions that are either Unsafe or Safe with a Repair and Maintenance Program.
    13. A statement by the Professional indicating which repairs and/or maintenance require the obtaining of work permits prior to their commencement.
    14. 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.
    15. 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.
    16. The Professional's seal and signature.
    17. Such other matters as the code official may by regulation require.
  3. 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.

315.5 Unsafe Conditions

AMENDMENT
This section has been amended at the state or city level.
  1. 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.
  2. 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.

315.6 Conditions That Are Safe With a Repair and Maintenance Program

AMENDMENT
This section has been amended at the state or city level.
1. The owner of the building is responsible for ensuring that the conditions described in the report as "Safe with a Repair and Maintenance Program" are repaired and the actions identified by the Professional are completed within the time frame designated by the Professional or by such time necessary to prevent a condition from becoming an Unsafe condition, whichever is sooner

315.7 Extensions

AMENDMENT
This section has been amended at the state or city level.
  1. 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:
    1. Proof that the premises have been made safe by means of a shed, fence, or other appropriate measures.
    2. A copy of the contract indicating the scope of work necessary to remedy the Unsafe condition(s).
    3. 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.
  2. 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:
    1. The work has been substantially completed, but there has been an unforeseen delay (e.g. weather, labor strike).
    2. Unforeseen circumstances (e.g., fire, building collapse).
    3. The nature of hazard requires more than 90 days to remove (e.g., new wall to be built).

315.8 Appeals

AMENDMENT
This section has been amended at the state or city level.
The owner of the building 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-315.5.2, but not the requirement for taking actions necessary to protect public safety as set forth in Section PM-305.5.1.
  1. 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.
  2. 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.
UpCodes note: Sections PM-315.5.2 and PM-305.5.1 that are referenced in this section do not exist.

Section 316 Periodic Inspection of Private Bridges

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

316.1 Definitions

AMENDMENT
This section has been amended at the state or city level.
The following definitions shall apply to this Section PM-316:
  1. 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.
  2. Professional. A Commonwealth of Pennsylvania licensed Professional Engineer experienced in the practice of structural engineering.
  3. 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.
  4. 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.
  5. 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.

316.2 Inspections Required

AMENDMENT
This section has been amended at the state or city level.
  1. 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.
  2. 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.
  3. 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.
  4. 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.

Section 316.3 Inspection Procedures

AMENDMENT
This section has been amended at the state or city level.
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

Section 316.4 Report Requirements

AMENDMENT
This section has been amended at the state or city level.
  1. 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.
  2. 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:
    1. The addresses of any buildings connected to the private bridge and the public right-of-way or trail spanned by the private bridge.
    2. 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.
    3. 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.
    4. A brief history of any known changes, repairs or revisions to the private bridge.
    5. 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.
    6. 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.
    7. The probable causes of the reported conditions.
    8. The status of ongoing maintenance efforts.
    9. For any conditions listed in any previously filed report, whether such conditions have been repaired and/or maintained as recommended in that report.
    10. Recommendations for repairs or maintenance, if appropriate, including the recommended time frame for the repairs or maintenance to be performed.
    11. The classification of the private bridge overall according to the following scheme:
      1. "Unsafe," if there is at least one unsafe condition.
      2. "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.
      3. "Safe," in all cases other than a or b.
    12. Photographs and/or sketches documenting the locations of any conditions that are either Unsafe or Safe with a Repair and Maintenance Program.
    13. A statement by the Professional indicating which repairs and/or maintenance require work permits prior to their commencement.
    14. 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.
    15. 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.
    16. The Professional's seal and signature in accordance with the professional registration laws of the Commonwealth of Pennsylvania.
    17. Such other matters as the code official may require by regulation.
  3. 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.

Section 316.5 Unsafe Conditions

AMENDMENT
This section has been amended at the state or city level.
  1. 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.
  2. 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.

Section 316.6 Conditions That Are Safe With a Repair and Maintenance Program

AMENDMENT
This section has been amended at the state or city level.
The owner of the private bridge is responsible for ensuring that the conditions described in the report as "Safe with a Repair and Maintenance Program" are repaired and the actions identified by the Professional are completed within the time frame designated by the Professional or by such time necessary to prevent a condition from becoming an Unsafe condition, whichever is sooner.

Section 316.7 Extensions

AMENDMENT
This section has been amended at the state or city level.
  1. 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:
    1. Proof that the structure has been made safe by means of a shed, fence, netting or other appropriate measures.
    2. A copy of the contract indicating the scope of work necessary to remedy the condition(s) requiring action.
    3. The Professional's estimate of the length of time required for repairs and statement of agreement to the need for an extension.
    4. A notarized certification by the owner of the private bridge or owner's agent that work will be completed within the established time.
  2. 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:
    1. The work has been substantially completed, but there has been an unforeseen delay (e.g. weather, labor strike).
    2. Unforeseen circumstances (e.g., fire, building collapse).
    3. The nature of the hazard requires more than 90 days to address (e.g., new private bridge to be built).

Section 316.8 Appeals

AMENDMENT
This section has been amended at the state or city level.
  1. 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.
  2. 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.
  3. 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.
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