TITLE 4. THE PHILADELPHIA BUILDING CONSTRUCTION AND OCCUPANCY CODE
SUBCODE "A" (THE PHILADELPHIA ADMINISTRATIVE CODE)
SECTION A-302.0 PERMITS
A-302.1 Action on application: The department shall
examine or cause to be examined all applications for permits and amendments
thereto within a reasonable time after filing. 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-302.2 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 may for reasonable cause extend 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 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 use group 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
three sets of construction documents, unless otherwise
specified.
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.
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 Posting of permits
and licenses: 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: Multiple-family dwelling license, rooming house
license or residential rental property license where there is no on-premises
management office.
A-302.8 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 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-302.8.1
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-302.9 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-302.9.1 Payment of fees: A permit shall not be issued
until the fees prescribed in Chapter 9 have been paid.
A-302.9.2
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.
A-302.9.3 Compliance with permit:
All work shall conform to the approved application and the approved construction
documents for which the permit has been issued and any approved amendments to
the approved application or the approved construction documents. Permits are not
transferable except by application to the department.
A-302.9.4
Compliance with site plan: All new work shall be located strictly in accordance
with the approved site plan.
A-302.9.5 Asbestos inspection report: A
permit for any demolition or alteration which requires the filing of plans shall
not be issued until an asbestos inspection report, furnished by an independent
certified asbestos investigator as defined in Section 6-601 of the Philadelphia
Health Code, has been submitted. Submission of an asbestos inspection report is
not required for buildings erected pursuant to a building permit issued after
December 31, 1980, or any residence with three dwelling units or
less.
A-302.10 Notice of start: The code official shall be given at
least 24-hour notice of start of work under a permit.