Announcement / Engagement

L&I information sessions

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

• Excavation Permit and Protection of Adjacent Property webinar - L&I representatives will provide a 1-hour webinar on the new requirements relating to the excavation permit and protection of adjacent property. During this session we will review the specific requirements for the excavation permit and plans, as well as the property protection provisions that will apply to all projects that may directly impact an adjacent building. It is strongly recommended that all involved in new construction or structural alteration projects join this session to ensure that you are prepared for the changes. This session will be held from 9:00 a.m. - 10:00 a.m. on Wednesday, November 9, 2022, via Zoom. Please register if you are interested in attending this webinar.

• Demolition Permit and Protection of Adjacent Property webinar- L&I representatives will provide a 1-hour webinar on new requirements relating to protection of adjacent property, notification, special inspections, and site restoration specific to complete demolition projects. It is strongly recommended that demolition contractors and design professionals, attorneys, or expediters that submit demolition permit applications join this session. This session will be held from 9:00 a.m. – 10:00 a.m. on Tuesday, November 29, 2022, via Zoom. Please register if you are interested in attending this webinar.

• L&I eCLIPSE Q&A session - The Department of L&I will be hosting a 90-minute open Q&A session to address specific permit application questions for users with some experience using eCLIPSE. This session will be held from 9:30 a.m. - 11:00 a.m. on Tuesday, November 15, 2022, via Zoom. Please register if you are interested in attending this information session.

• L&I eCLIPSE Permitting Basics webinar - L&I will be conducting a 2-hour public training session on the basics of filing permit applications through the online eCLIPSE system. This webinar is an introductory session intended for new users. The session will be held from 9:00 a.m. - 11:00 a.m. on Tuesday, November 22, 2022, via Zoom. Please register if you are interested in attending this information session.

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

Permitting

Permit amendments

Following a public hearing conducted on September 29, 2022, amended regulations establishing criteria for permit amendments, were published and became law on October 24, 2022. These criteria will be applied to all new permit amendment applications received after October 24, 2022.

Refer to the modified Amended Zoning permit process and Amended Building permit process information sheets for additional information. 

Rodent control management

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

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

• License and contact information for the pest control company used;

• Results of an initial site survey/inspection conducted by the pest control company;

• Information on rodent activity detected, and the associated treatment to abate rodents prior to demolition or construction activity;

• Details on the Integrated Pest Management approach for addressing rodents at the site, including Material Safety Data Sheet (MSDS) information on rodenticides that may be used;

• Schedule of monitoring and follow-up inspections that will be conducted by the pest control company.

The Rodent Control Management Plan, inspection reports, and abatement records shall be kept on site for the duration of demolition or construction and furnished to the Department upon request.

L&I shall begin enforcement of these requirements on all projects beginning construction after January 1, 2023. 

Review of the 2021 International Code updates 

The Pa Uniform Construction Code Review and Advisory Committee (RAC) will commence review of changes to the 2021 International Codes for incorporation into the Pa Uniform Construction Code in accordance with the Pa Construction Code Act.  

Both the public comment period and application to serve on a UCC Technical Advisory Committee (TAC) are scheduled to open on November 12, 2022. Please keep an eye on the RAC’s website for updates on how you may directly participate in the I-Code adoption process in Pennsylvania.

You may also review the full schedule of review and adoption activities leading up the 2025 implementation on the RAC web page.

Significant changes to UCC available on ICC's website 

The 2022 Changes to the Pennsylvania Uniform Construction Code is now available for purchase through the ICC website. As a reminder, a summary of changes impacting permitting in Philadelphia is also available on L&I’s Technical FAQ page.

PWD and L&I plumbing inspection jurisdiction information plan 

The Philadelphia Water Department (PWD) and Department of License and Inspection (L&I) each conduct inspections of plumbing features associated with private development. A new resource depicting the inspection jurisdiction and department contact information can be found in the PWD Stormwater Management Guidance Manual’s Resource Guide. Questions about the plan can be directed to PWD_DevServices@phila.gov. Please contact the units listed in this document if you have specific questions about connections or scheduling inspections.



Licensing

New rental license supplemental forms

In an effort to guide applicants through the evolving requirements associated with a rental license, L&I has launched a new rental license supplemental information form. This form must be uploaded with all new rental license applications submitted on or after November 1, 2022. A Proof of Use and Occupancy information sheet has been created to help walk you through the minimum documentation the department will accept as proof that a residential occupancy is legal.

Refer to the website for more information about rental licenses and associated forms. 

Streetery license is coming soon

The amended Streetery regulations to allow for additional restaurant seating in a parking lane have been published and will become law on October 30, 2022.

Restaurants must complete a two-step application process to obtain a Streetery license:

1.      Department of Streets Streetery Pre-requisite Approval application.

2.      Department of Licenses & Inspections Streetery License application.

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

Review the city blog post for more information about the Philadelphia Outdoor Dining Program and to register for an information session provided by the Philadelphia Department of Commerce. You can also visit the L&I website for more information on Streetery licensing requirements.

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

Excavation contractor license reminder

As a reminder, the Excavation Contractor License is now available in eCLIPSE. You can view complete license requirements on our website. This license requires the identification of at least one site safety manager that has completed the OSHA 3015 Excavation, Trenching, and Soil Mechanics Course or an approved alternate.

The MidAtlantic OSHA Training Institute Education Center is offering this 3-day OSHA 3015 course at the following location:

• Willow Grove, PA: November 28^th – 30^th

You may also call 1-800-875-4770 to arrange a private session for your company or organization.

The Department is still accepting applications for alternative programs and will post authorized training programs, as they are approved. Keep an eye on our website for approved alternate programs.

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

Rodent control plan on vacant lots

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



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

The inspection report prepared by the pest control company and any associated rodent control plan must be submitted to the Department through the online form within 7 days of completion.

Inspections

Timeline for scheduling permit inspections is changing

In an effort to reduce the number of inspections being failed, cancelled, or rescheduled, the department will be making a change to the timeline for inspection requests.

Beginning November 1, 2022, permit holders must schedule inspections by 8 a.m. on the business day preceding the requested inspection date. Below are some examples:

• To schedule an inspection for Wednesday, you must submit the request by 8 a.m. on Tuesday.



• To schedule an inspection for Monday, you must submit the request by 8 a.m. on Friday.

Audits & Investigations

Enforcement priorities

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

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

• Excavation Practices - Any excavation more than 5 feet deep requires support in accordance with OSHA standards. Review your plans and soils investigation report carefully to ensure that your excavation is safe. For more information, please review our “Excavations and the Protection of Adjacent Property- Public and Private” Code Bulletin. All excavations must comply with the Philadelphia Building code. Finally, be sure to educate yourself on the new excavation requirements that will take effect on January 1st. We are hosting a webinar at 9:00 A.M. on November 9, 2022 to cover those changes. Refer to the ‘Announcement’ section of this newsletter to register for this webinar.

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

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

Violation data report

The Department issued $186,000 in license violation fines in September 2022. Of that total, $82,000 in fines were issued for the use of unlicensed subcontractors or failure to adequately disclose subcontractor usage and $17,000 were issued to contractors for using workers without the required OSHA training.

License discipline

The following license suspension was issued in October 2022:

• Treacy Brothers - The Department issued a 4-month suspension to Treacy Brothers LLC for violations of the Philadelphia Code. The Department discovered that an unlicensed subcontractor was using day laborers to perform underpinning without a Special Inspector present at a Treacy Brothers jobsite. After an L&I inspector issued a Stop Work Order and ordered the site backfilled, they returned hours later to discover work continuing. 

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

Regulations

New L&I regulation

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

• Landscaping - This regulation codifies reviewing authority of L&I and Planning and Development for both existing landscaping requirements and those adopted through the passage of Bill No. 220414, clarifies certain terms referenced in the ordinance, and documents the existing code requirements that will continue to apply to properties located in City Council District 5. 

• Home Inspector - This regulation amends the insurance, application fee and certification requirements for a home inspector license.

Reminders

The following changes are now in effect as of October 1, 2022:

Rental license managing agent

As a reminder, all rental license holders who do not reside or maintain a business office within Philadelphia must identify a managing agent located within the City. Fields will be provided in eCLIPSE that will enable a license holder to identify managing agent information on new and renewal rental license applications. 

PA Act 537 upload requirements

Applicants submitting a Commercial Building Permit application for new construction must include a completed Sewage Facilities Planning Module Application Mailer (Mailer) with their eCLIPSE application.

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

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

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

Mandatory project scoping meetings for residential developments

The Department offers a project scoping meeting for multi-phase construction projects, which results in the assignment of a single examiner, more streamlined permit processing, and reduction of accelerated fees for expedited projects.

As of October 1, 2022, we are phasing-in a requirement for a mandatory project scoping meeting for residential development with three or more homes on the same or adjacent parcel(s) when the associated zoning permit was issued on or after this date.

You must schedule an appointment to meet with Permit Services plan review staff prior to submitting for your building permit application and you will be prompted for the City-managed project number at application. 

Important Note: This requirement will be phased-in based upon the date that the associated zoning permit was issued. We strongly encourage that the project scoping meeting be utilized on all other eligible projects.

Updates to trees and landscaping provisions in the zoning code 

Updates to sections 14-705(1) and 14-803(5) institute new processes and requirements for trees and landscaping associated with development pursuant to Bill No. 220414.  As before, and except under certain circumstances, all healthy trees of a minimum size that are removed from a lot during development must be replaced, but starting October 3rd, these requirements may be waived in exchange for the payment of an in-lieu fee to the Department of Parks and Recreation. 

In addition, the number, types, and locations of plantings in and around parking lots, required land use buffers, and yards have been changed. As with tree replacement requirements, if an applicant is able to demonstrate that they are unable to meet these requirements, they may be granted a waiver, contingent upon the payment of an in-lieu fee to the Department of Parks and Recreation. Proof of payment must be submitted with the associated building permit application. Regulations defining additional requirements of the Department of Parks and Recreation shall follow. 

Please review the changes to landscaping and tree preservation regulations for complete information on plan submission requirements.  

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

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

The bill instituting these changes was signed on September 13, 2022.  More information about these changes is available from the City Planning Commission and the Department of Parks and Recreation.

Additional reminders:

Permit and license fees increase effective January 1, 2023

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

For more information on permit fee increase, please review the regulation. The upcoming permit and license fees will be posted to the website soon. The current fees will continue to apply to applications filed before January 1, 2023.

New special inspection license category established 

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

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

The new category is available in eCLIPSE. To add this category to an existing license, the following steps must be taken:

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

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