A-302.1 Action on application: The Department shall examine or
cause to be examined all applications for permits and amendments thereto. If the
application or the construction documents do not conform to the requirements of
all pertinent laws, the code official shall reject such application in writing,
stating the reasons therefor. If the code official is satisfied that the
proposed work conforms to the requirements of this code and the technical codes
and all laws and ordinances applicable thereto, the code official shall issue a
permit therefor as soon as practicable upon payment of requisite
fees.
A-302.1.1 Time limit. The code official shall grant or
deny a permit application in whole or in part or request further information,
within 30 business days of the filing date for commercial construction and 15
business days for residential construction. Reasons for a denial shall be in
writing and sent to the applicant. When agreed to by the code official and the
permit applicant in writing, the deadline for action shall be extended by the
number of days specified in the agreement
Exception: The deadline
for action on permits for structures that have been designated as historic or
are located in an historic district is extended by the amount of time the
application is under review by the Historical Commission.
A-302.1.2
Substantially improved or substantially damaged existing residential buildings
in areas prone to flooding. For applications for reconstruction,
rehabilitation, addition or other improvement of existing buildings or
structures subject to the Philadelphia Residential Code and located in an area
prone to flooding as established by Table R-R301.2(1), the code official shall
examine or cause to be examined the construction documents and shall prepare a
finding with regard to the value of the proposed work. For buildings that have
sustained damage of any origin, the value of the proposed work shall include the
cost to repair the building or structure to its pre-damage condition. If the
code official finds that the value of proposed work equals or exceeds 50 percent
of the market value of the building or structure before the damage has occurred
or the improvement is started, the finding shall be provided to the Board of
Building Standards for a determination of substantial improvement or substantial
damage. Applications determined by the board to constitute substantial
improvement or substantial damage shall meet the requirements of Section R-R323
of the Residential Code.
A-302.2 Suspension of permit: Any
permit issued shall become invalid if the authorized work is not commenced
within six months after issuance of the permit, or if the authorized work is
suspended or abandoned for a period of six months after the time of commencing
the work. The code official is authorized, for reasonable cause, to extend in
writing the time for commencing the work for a period not exceeding six months
upon written request of the permittee. No permit shall be extended more than
once. In order to proceed with the work authorized by an expired permit, a new
permit shall be obtained.
Exception: Zoning and use registration
permits.
A-302.2.1 Pre-paid permits: In the case of pre-paid
permits, the valid six month period shall commence on the date that the permit
is completed and submitted to the Department, not on the date of
purchase.
A-302.2.2 Zoning and use registration permits: Zoning
and/or Use Registration Permits issued with respect to construction or interior
alterations, shall expire one year after the date of issuance unless the
building permit for such work is issued prior thereto and the work is carried on
to completion without voluntary interruption. Use registration permits, where no
construction or alteration work is involved, shall expire three months from the
date of issuance unless the approved use has begun.
A-302.3 Previous
approvals: This code and the technical codes shall not require changes in
the construction documents, construction or designated occupancy classification
of a building for which a lawful permit has been heretofore issued or otherwise
lawfully authorized, and the construction of which has been actively prosecuted
within 90 days after the effective date of the applicable code(s) and is
completed with dispatch.
A-302.4 Signature to permit: The
code official charged with the review of permit applications and related
construction documents shall affix a signature of approval to each approved
application and/or permit in accordance with procedures of the
department.
A-302.5 Construction documents: Upon approval, the
code official shall stamp or endorse in writing "Approved" on each page of three
sets of construction documents, unless otherwise specified. Such approved
construction documents shall not be changed, modified or altered without
authorization from the code official. Work shall be done in accordance with the
approved construction documents and required non-design changes marked thereon
by the code official.
A-302.5.1 Distribution: The approved sets
of construction documents shall be distributed as follows:
1. One set
shall be retained in the records of the Permit Services division according to
the established retention schedule.
2. One set shall be forwarded to the
appropriate inspection office.
3. One set shall be returned to the
applicant. This set shall be retained by the applicant at the construction site
and shall be available for inspection by the code official.
A-302.5.2
Responsibility: Construction documents approved by the Department are
approved with the intent that such construction documents comply in all respects
with this code and the applicable technical codes. Any omissions or errors on
the construction documents do not relieve the applicant or other responsible
persons of having to comply with all applicable requirements of this code and
the technical codes. The issuance of a permit based on construction documents
and other data shall not prevent the code official from requiring the correction
of errors in the construction documents and other data. The code official is
authorized to prevent occupancy or use of a structure where in violation of The
Philadelphia Code.
A-302.5.3 Health care facilities. The code
official shall not approve plans for a health care facility under this section
unless the Pennsylvania Department of Health has approved the
plans.
A-302.6 Foundation permit: The code official is
authorized to issue a permit for the construction of foundations before the
construction documents for the entire structure have been submitted provided the
zoning permit for the entire structure has been issued and provided that
appropriate construction documents and required statements have been
filed.
A-302.6.1 Related work: Issuance of a foundation permit
for a structure shall be the basis for issuance of plumbing and electrical
permits for such work below grade.
A-302.6.2 Owner’s risk:
The owner of a structure for which a foundation and related permits have
been issued shall proceed at the owner’s risk without assurance that a
permit for the entire structure will be granted. Issuance of a foundation permit
shall not be construed to establish vested rights to the building or related
permits on the part of any party to the construction project.
A-302.7
Annual permit. In lieu of an individual permit for each repair, replacement,
maintenance operation or alteration to an already approved electrical, gas,
mechanical, or plumbing installation, the code official is authorized to issue
an annual permit upon application therefor. The work authorized under an annual
permit does not include new installations or the extension of existing systems.
The applicant shall be a person, firm, or corporation regularly employing one or
more qualified trade persons in the building, structure, or on the premises
owned or operated by the applicant for the permit.
A-302.7.1
Records. The entity to whom an annual permit is issued shall keep a detailed
record of all work performed under the annual permit. The work record shall be
available for inspection by the code official at all times, or at the code
official’s discretion, shall be filed with the code
official.
A-302.8 Posting of permits and
licenses:[3.12] Permits and
licenses shall be kept on the premises designated therein at all times and shall
be readily available for inspection by the code official. A true copy of permits
authorizing construction activity shall be posted on the site of the operations,
open to public inspection during the entire time of the prosecution of the work
for which the permit has been issued.
Exception: Housing
inspection license, where there is no on-premises management
office.
A-302.9 Revocation of permit: The code official is
authorized to revoke a permit or approval issued pursuant to the provisions of
this code and the technical codes in case of any of the
following:
1. The permit was issued in error.
2. The permit was
issued on the basis of incorrect, inaccurate or incomplete information in the
application or construction documents.
3. The permit was issued on the
basis of false statement or misrepresentation of fact in the application or
construction documents.
4. An ordinance, regulation, or condition of
permit has been violated.
5. Work is being conducted in an unsafe
manner.
6. A Stop Work Order or Cease Operations Order has been
issued.
A-302.9.1 Correction: When the department determines
that grounds exist for the revocation of a permit, it shall serve written notice
upon the holder of the permit, stating the nature of the violation and allowing
for a reasonable period within which compliance with all the requirements of
such permit shall be achieved. The notice may also describe a course of remedial
action.
A-302.10 Conditions of permit: Permits issued pursuant
to this code and the technical codes are subject to the conditions stated in
Sections A-302.9.1 through A-302.9.5 as applicable.
A-302.10.1
Payment of fees: A permit shall not be issued until the fees prescribed in
Chapter 9 have been paid.
A-302.10.2 Compliance with code: The
permit shall be a license to proceed with the work and shall not be construed as
authority to violate, cancel or set aside any of the provisions of this code or
the technical codes, except as specifically stipulated by legally granted
variance.