New permitting requirements take effect on January 1
The provisions of Bill Nos. 210389 and 220008 become effective on January 1, 2023. These new code requirements will have a significant effect on new construction, demolition, and structural alteration permits filed on or after January 1, 2023 and include the following:
Excavations
Protection of Property
- New requirements for pre-construction assessments, special inspections, and notification to affected property owners apply to construction or demolition that may impact adjacent property, including:
- Excavation work more than 5 feet below adjacent grade and within 10 feet of an adjacent building or structure.
- Excavation, demolition, or construction work where historic structure is within 90 feet on the same or adjacent parcel.
- Modification to a party wall, including demolition, joist replacement, and additions.
- Severing of structural roof or wall covering spanning properties.
In an effort to assist applicants through these new permit requirements, L&I has created the following information sheets:
- Pre-Construction Survey information sheet
- Monitoring Plan information sheet
- Notification to Adjacent Owner information sheet
The requirements for pre-construction assessment and special inspections also apply to historic buildings undergoing structural alteration, excluding one -and -two family dwellings.
Demolition
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In addition to the standard Protection of Property requirement, L&I will begin stricter enforcement of backfilling and wall covering provisions that will impact construction sequence. Refer to Code Bulletin B-2203: Demolition Permit Requirements for more information.
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A new Party Wall Protection EZ Permit will become available on January 1. This permit will be required prior to the approval of a demolition permit that involves exposure of a party wall.
Review slides from past webinars on the Resources page of our website and keep an eye out for future information sessions.
Rescission of 2021 Accessibility provision
The Pa Department of Labor and Industry (Pa DLI) has announced that, on October 26, 2022, the Commonwealth Court issued an opinion in Pennsylvania Builders Association v. Department of Labor and Industry, which permanently enjoined enforcement of the 2021 accessibility updates to the Uniform Construction Code. Pa DLI has determined that enforcement of the 2021 accessibility provisions shall cease immediately and the 2018 accessibility standards in effect prior to December 25, 2021, shall remain in effect.
Pursuant to the requirements of the Pa Uniform Construction Code, the Department of Licenses and Inspections (L&I) began mandatory enforcement of the 2021 accessibility provisions for applications received on or after July 1, 2022. In accordance with the recent directive of Pa DLI, Code Bulletin B-2101: Implementation of 2021 International Code Accessibility Provisions was rescinded on Oct 31, 2022 and the City of Philadelphia reverted to the accessibility provisions contained in the 2018 International Codes.
Permits issued and reviewed under the 2021 accessibility provisions shall remain in effect and construction must proceed in accordance with approved permit documents. If an owner wishes to build to lesser accessibility requirements contained in the 2018 International Codes, an application to amend the permit must be filed.
Please refer to L&I’s FAQ on Significant Changes to the Accessibility Provisions of the 2021 International Codes for more information on affected code sections.
As a reminder, the issuance of a building permit does not affirm that a property is federally compliant with the Americans with Disabilities or Fair Housing Acts. The owner remains responsible for ensuring property complies with all local, state, and federal requirements.
Discontinued 3" water and fire service connections
PWD suppliers have discontinued manufacture of 3” ductile pipe; therefore, 3” domestic and fire service connections shall no longer be permitted. If you already have an active L&I plumbing or fire suppression permit which includes a 3” connection, please obtain your PWD connection permit as soon as possible.
Applicants with approved 3” connections on their Utility Plans who have not obtained a connection permit OR a plumbing / fire suppression permit must submit a Utility Plan Field Change to PWD to modify the pipe size.
Note: While the 3” service size will remain available for selection on eCLIPSE plumbing and fire suppression applications until the system can be updated, L&I cannot approve any permit applications with a 3” service. We apologize for any confusion that the delayed eCLIPSE update may cause.
On-site landscape and tree requirements for development
The City Planning Commission and the Department of Parks and Recreation have published a Tree In-Lieu Fee Payment Fact Sheet to summarize provisions relating to the waiver of certain tree planting requirements and establish payment process, pursuant to Bill No. 220414.
Review sections 14-705(1) and 14-803(5) of the Philadelphia Code and the Section 9.4 of the City Planning Commission regulations for complete information relating to on-site landscape and tree requirements associated with development.
The Philadelphia City Planning Commission provides prerequisite approval of zoning permits regarding the on-site landscape and tree requirements of Sections 14-705(1) with the following exception:
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Applications limited to site-clearing only are 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.
New special inspection form
The Statement of Special Inspections form has been revised to incorporate new category for structural stability and to better identify the special inspection license category that must be entered into online applications. The new form shall be mandatory for all applications filed on or after January 1, 2023.
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