More Paperwork for Demolition Contractors Working in Philadelphia

In the wake of a 2013 deadly building collapse on Market Street in Philadelphia, the Department of Licenses and Inspections for the City of Philadelphia (L&I) overhauled its permit, inspection, training and enforcement procedures and requirements on construction sites, particularly those sites involving demolition. Former Mayor Michael A. Nutter signed the ordinance making these changes in February 2014 and it has gradually been implemented. On January 3, 2017, additional permit requirements took effect for work involving

A “Complete Demolition Permit” is required when a contractor intends to remove two-thirds of structural framing members and modify the exterior envelope. Other demolitions also require permitting, but the Complete Demolition Permit requirements are more arduous because an owner seeking such a permit must submit a Site Safety Plan (SSP) with the permit application, signed by the owner of the property. Due to the technical nature of the SSP, it is likely that the licensed demolition contractor will complete this information on the owner’s behalf. The SSP includes two components: Part A provides information for the public and Part B includes a detailed work plan that will not be made public by L&I.

Part A includes information for the public on the height and dimensions of the building. It also requires that a disclosure be made on safety and environmental issues, such as the existence of asbestos, lead paint, or other flammables, and how such materials will be removed. Part A explains the size of the site safety zone that must be implemented depending on the type of demolition methods used. In the event the building being demolished is higher than the roof of an adjoining building, the Part A submission should indicate how the adjoining buildings will be protected with shoring, bracing and other means. Applicants should also provide information on protection measures for other structures, such as utility poles, sidewalks, and trees.

Part B of the SSP requires the applicant to provide a detailed work plan. This work plan includes information on the material used in the existing structure, such as masonry exterior walls, steel framed roof, and internal columns made of reinforced concrete. Part B further requires the applicant to identify how each element of the structure will be demolished, e.g. handheld devices or with mechanical means. Importantly, applicants must provide a description of how the demolition will proceed. Specifically, no wall section which is more than one story or 12 feet in height can stand alone. The applicant must also describe how the site will be restored and debris disposed.

Submission of the SSP raises interesting questions regarding the review and acceptance by the City. For example, who is responsible if the City disagrees with a method of demolition or requires more costly precautionary measures? Also, with respect to the relationship between a contractor and the owner, who is liable for a delay in the City’s issuance of the Complete Demolition Permit due to the City’s failure to timely review the SSP? Moreover, if a resident is concerned as a result of information contained in Part A of the SSP, must the contractor respond or change its means and methods in response to the resident’s complaint? Would such a complaint constitute notice to the contractor in a lawsuit?

These are just some of the questions that may arise and will be resolved by the Courts as the new demolition regulations are put into effect and enforced on construction sites across the City. If you have a question regarding a permit, the attorneys at Cohen Seglias can assist in regulation compliance or liability, whether it be city, state or federal regulations.