HEALTH CODE

CHAPTER 6-100.  GENERAL PROVISIONS

§ 6-101.  Declaration of Policy.

     (1)     The purpose of this Title is the preservation and promotion of the health of the people of the City and to this end this Title is intended to embrace all matters to which the regulatory or police powers and duties of the Department of Public Health extend.

§ 6-102.  Definitions.

     (1)     Adultered. Any food or drug:

          (a)     which is boxed, mixed, packed, or combined in any manner with any substance so that its quality, strength or purity is injuriously affected to the detriment of public health;

          (b)     out of which any valuable constituent has been wholly or partly abstracted to the detriment of the public health;

          (c)     which is below the standard of quality represented to the purchaser or consumer in a manner relating to the public health;

          (d)     which is mixed, colored, changed in color, coated, polished, powdered, stained, or bleached or changed in flavor so that damage or inferiority is concealed in any manner to the detriment of public health;

          (e)     which contains any antiseptic or preservative which may render it injurious to health;

          (f)     which consists of or is manufactured in whole or in part from a diseased, rancid, contaminated, filthy, or decomposed animal or vegetable substance;

          (g)     which is produced, processed, stored, transported or kept in a way or condition that might tend to render it diseased, contaminated or dangerous to human life or health;

          (h)     which is in any part the product of a diseased animal or any animal that has died otherwise than by slaughter;

          (i)     which is contaminated or otherwise damaged by fire, smoke, water, sewage, radiation, chemicals, or any accident whatsoever; or which is contaminated by damage to the container thereof as a result of any such accident;

          (j)     which does not conform to the standards of quality or safety for human consumption prescribed by this Title and the regulations of the Board adopted under it.

     (2)     Animal. Any member of the group of living beings typically capable of spontaneous movement and rapid motor response to stimulation, including birds, rodents and arthropods, but excluding human beings.

     (3)     Aquatic Activities. Water sports and water activities, including swimming and wading.

     (4)     Board. The Board of Health of the City.

     (5)     Care. The reception, detention, transfer, discharge, custody, treatment, maintenance, education, training, occupation, or employment of patients and the provision of all types of medical, dental, surgical, or nursing attention or treatment, food or clothing for such patients.

     (6)     Carrier. A person or animal who, without apparent symptoms of a communicable disease, harbors the specific infectious agent thereof and may serve as a source of infection.

     (6.1)     Chain. 2 A group of food establishments under common ownership or control and/or doing business under the same trade name.

     (6.2)     Chain Restaurant. 3 A restaurant or retail food establishment, including but not limited to a convenience store, deli, bakery, cookie counter, ice cream shop or coffee shop, that does business under the same trade name as used by fifteen (15) or more other establishments (whether such other establishments are located in the City or elsewhere and regardless of the type of ownership of each individual establishment).

     (7)     Commissioner. The Health Commissioner of the City.

     (8)     Communicable Disease. An illness or infectious disease which is transmissible directly or indirectly to a well person from any other person, animal, arthropod, or through the agency of an intermediate host, vector, or the inanimate environment.

     (9)     Condemnation. Designation by the Department of any food or drug as unfit for human consumption or human use.

     (10)     Contamination. The presence of pathogenic agents or toxic substances or other agents indicative of the potential presence of pathogenic agents or toxic substances on or in a surface, article or substance.

     (11)     Dairy Farm. Any place or premises where one or more cows or goats are kept, a part or all the milk or milk products of which are sold or delivered to any person.

     (12)     Denature. The process of rendering food or drugs readily recognizable as unfit for human consumption or human use.

     (13)     Department. The Department of Public Health of the City, the Commissioner of the said Department, or any authorized representative thereof.

     (14)     Disinfection. The killing of pathogenic agents by chemical or physical means.

     (15)     Drug. Any article or substance, other than food which is:

          (a)     recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; or

          (b)     intended for use in diagnosis, cure, mitigation, treatment, or prevention of disease in man; or

          (c)     intended to affect the structure or any function of the body of man; or

          (d)     intended for external application for the purpose of cleansing, beautifying, promoting the attractiveness, or altering the appearance and which may adversely affect the public health; or

          (e)     intended for use as a component of any article specified in clause (a), (b), (c) or (d); but excluding instruments, contrivances and apparatus or their component parts, or accessories intended for use as set forth in (b) and (c).

     (16)     Equipment. All machinery, including fixtures, containers, vessels, tools, implements, furniture, display and storage areas, sinks, and other apparatus used in connection with the operation of any establishment.

     (17)     Establishment. Any place or premise, whether public or private where any person conducts any enterprise, occupation, vocation or business, whether or not for profit and whether temporarily or permanently located.

     (18)     Food. Every substance intended for human consumption, whether in solid or liquid form, including every article used for, or entering into the composition of, or intended for use as, an ingredient in the preparation of food for any person.

     (19)     Food Establishment. Any establishment or portion thereof where food is handled or sold, including a permanent structure, a stationary or movable stand, vehicle, cart, basket, box, vending machine or other container, but excluding:

          (a)     railroad dining cars in transit; and

          (b)     exclusively financial investment and brokerage transactions where food is not actually handled in the City.

     (19.1)     Food Service Establishment. 4 A food establishment where food or drink is prepared or served for consumption either on the premises or elsewhere, including such establishments as restaurants, grills, diners, sandwich shops, dining rooms of hotels, coffee shops, cafeterias, taverns, market stalls, vending carts, vending vehicles and other similar places.

     (19.2)     Food Tag. 5 A written or printed description of food or beverages placed in the vicinity of a sample item, such as a label or placard identifying a type of ice cream or donut.

     (20)     Frozen Desserts. Any frozen or partially frozen product or mix for freezing,

          (a)     containing milk, milk products or milk derivatives, including ice cream, frozen custard, milk sherbet, or other similar products; or

          (b)     combining water, sugar, fruit, stabilizer, flavoring, whether natural or artificial, including ice, shaved ice, water sherbet, and any other similar products.

     (21)     Handle. The actual collecting, keeping, storing, manufacturing, preparing, cooking, processing, dressing, slaughtering, distributing and transporting of food.

     (22)     Health Code. This Title.

     (23)     Immunization. The induction or introduction of specific protective antibodies or cellular immunity in any susceptible person or animal.

     (24)     Incubation Period. The time interval between the infection of a susceptible person or animal and the appearance of signs or symptoms of the disease in question or the longest usual time in which such signs or symptoms of the disease in question normally appear.

     (25)     Industrial Establishment. Any establishment where products, materials or merchandise are stored, serviced, processed, produced or manufactured or where any step or steps in the processing, production or manufacture thereof are taken whether or not the same are to be sold for resale, or for use in connection with such establishment itself or as a service to the public.

     (26)     Infection. The entry and multiplication of any particular pathogen in the body of man or animal.

     (27)     Infectious Disease. A disease of man or animals resulting from a transmissible infection, whether or not patent, apparent, inapparent, latent, clinical or subclinical.

     (28)     Institution. Any establishment where:

          (a)     two or more patients receive care, including hospitals, maternity homes, nursing homes, convalescent homes and homes for the aged;

          (b)     persons or patients receive penal or correctional care;

          (c)     one or more patients under sixteen years of age receive care, including boarding houses, camps, private residences, day nurseries, private nursery schools, day care centers, and foster homes, but excluding schools, and State-owned or operated establishments.

     (29)     Isolation. The separation of persons or animals for a communicable disease from other persons or animals so as to prevent the spread of such communicable disease to other persons or animals.

     (30)     Laundry. Any establishment or machine, equipment or appliance receiving soiled articles for marking, sorting, washing, drying, starching or ironing, except any such machine or appliance which is used in a private residence by a single family only.

     (31)     Meat. The carcass or any part of the carcass of any animal.

     (32)     Meat Products. Any product made in whole or part from meat.

     (32.1)     Menu. 6 A written or printed description of food or beverage items offered for sale, whether in the form of a pamphlet, folio, tablet, sign, board, tag or other form.

     (32.2)     Menu Board. 7 A list of food or beverages that is posted and intended for joint viewing by multiple customers such as back-lit marquee signs in the area of the point of sale, chalk boards and drive-through menu signs.

     (33)     Midwife. Any person, other than a physician or osteopath or a person under the direct supervision of a physician or osteopath, who attends any woman in childbirth for hire, or who makes a practice of attendance of women in childbirth gratuitously.

     (34)     Milk. The lacteal secretion obtained by the milking of one or more cows or goats.

     (35)     Milk Derivatives. Butter, cheese, condensed milk, condensed skim milk, evaporated milk, powdered milk, or powdered milk products.

     (36)     Milk Plant. Any food establishment where milk is collected, separated, processed, stored, bottled, pasteurized or prepared in any manner for sale as milk or milk products.

     (37)     Milk Products. Skim milk, non-fat milk, cream, sour milk, sour cream, buttermilk, flavored milk, cultured milk, cottage cheese, creamed cottage cheese, and all other fluid derivatives of milk except those defined as milk derivatives.

     (38)     Osteopath. Any person licensed by the Commonwealth to practice osteopathy.

     (38.1)     Outdated Product. 8 This term shall include:

          (a)     any non-prescription drug, infant formula or baby food that is subject to expiration dating requirements issued by the federal Food and Drug Administration, if the date of expiration has passed; or

          (b)     milk, milk products and eggs, after the sell-by date designated on the container.

     (39)     Pasteurized. The process whereby every particle of milk or milk products is heated to at least 143° F. with holding at such temperature continuously for at least 30 minutes or at least 161° F. with holding at such temperature continuously for at least 15 seconds in approved and properly operated equipment, except that in the case of frozen desserts the conditions shall be 155° F. with continuous holding at such temperature for at least 30 minutes or 175° F. with continuous holding at such temperature for at least 25 seconds in approved and properly operated equipment; or other process whereby every particle of milk, milk products, milk derivatives, or frozen desserts is heated to such temperature and held continuously for such period of time as the regulations of the Board may declare to afford equivalent protection against contamination.

     (40)     Patient. Any person receiving care in any institution, but excluding persons related by blood or marriage to the person in active charge thereof.

     (41)     Physician. Any person licensed by the Commonwealth to practice medicine.

     (42)     Private Residence. The buildings, grounds, and premises or portions thereof occupied by any person as a place of personal habitation.

     (43)     Quarantinable Disease. Any communicable disease which seriously endangers the public health when uncontrolled.

     (44)     Quarantine. The complete, selective, or partial limitation of freedom of movement or disposition of any person or animal for quarantinable disease, for a period of time equal to the incubation period of such disease.

     (45)     Rendering Plant. Any industrial establishment where hide, skin, fat or grease or mineral substances are obtained from the carcass of any dead animal for either edible or inedible uses.

     (46)     Reportable Disease. Such diseases about which data and information is needed in order effectively to carry out those programs of the Department designed to protect and promote the health of the people of the City or to determine the need for the establishment of such programs.

     (47)     School. Any establishment, whether private, public or parochial, attended by children of legal school age or older for primarily educational purposes.

     (48)     Sell. Vend, exchange, barter, trade, or deal in, with or without direct charge; or have possession, care, control, or custody with intent to vend, exchange, barter, trade or deal in; or offer or expose for sale with or without direct charge.

     (49)     Shellfish. All fresh or frozen oysters, clams or mussels, either shucked or in the shell, and any fresh or frozen edible products thereof.

     (50)     Swimming Place. Any body of water, natural or artificial, used collectively by numbers of persons for aquatic activities, together with the shores, buildings, equipment, and appurtenances pertaining to such swimming place, whether or not a fee is charged for such use, excluding swimming facilities at private residences which are intended solely for the use of the owner or his family or guests without charge.

     (51)     Toxic Substance. Any agent, substance, or organism capable of causing poisoning or an injurious or deadly effect when introduced into the human body by means of inhalation, ingestion, or absorption or penetration through the skin or mucous membrane.

     (52)     Utensil. Any kitchenware, tableware, glassware, cutlery, containers, or other articles with which food comes in contact during handling.

     (53)     Venereal Disease. Syphilis, gonorrhea, chancroid, lymphogranuloma venereum and granuloma inguinale.

     (54)     Veterinarian. Any person licensed by the Commonwealth to practice veterinary medicine.

§ 6-103.  Penalties and Cease Operations Orders. 9

     (1)     In addition to any other sanction or remedial procedure provided, any person who shall violate any provision of this Title, any Regulation adopted under it, any order of the Department issued thereunder, or any condition of any license required thereunder and any person who knowingly participates in any such violation by any other person or who has reason to know that his participation will materially contribute to any such violation by another person, shall be subject to a fine of not less than one hundred fifty (150) dollars and not more than three hundred (300) dollars.

     (2)     Notwithstanding the preceding paragraph, The Board of Health may by regulation establish in connection with any regulation adopted under the Health Code fines of greater amounts, subject to maximums no greater than the limitations for Class III offenses set forth in subsection 1-109(3) of The Philadelphia Code.

     (3)     In addition, any person licensed under this Title who has not paid a fine and cost imposed pursuant to this Title within ten (10) days shall have said license suspended and shall cease operation until all fines and costs are paid. Continuous violation of the same provision shall be a separate violation for each day. In order to enforce this provision, the Department of Licenses and Inspections may, without further notice, issue a Cease Operations Order setting forth the unpaid fines and/or Court costs and cause the premises to be vacated of all employees, patrons and occupants until all such charges are paid.

     (4)     In addition to the fines set forth in § 6-505(l), any person who fails to comply with an order for his isolation issued pursuant to §§ 6-204 and 6-502 of this Title shall be subject to imprisonment for 90 days and during such term of imprisonment shall be isolated in such place, for such period and in such manner as the Department may designate.

     (5)     When the Department finds that a public nuisance exists, as provided in § 6-402(9)(a) and when such nuisance is not corrected and removed by the person responsible therefor, the Department may, in addition to invoking any other sanction or remedial procedure provided:

          (a)     Certify to the continuing existence of such nuisance to the Department of Licenses and Inspections which shall itself or by contract abate and remove such nuisance; charge the cost of such abatement and removal to the person responsible therefor; and with the approval of the Law Department, collect such cost by lien or otherwise as may be authorized by law.

          (b)     Apply through the Law Department, to any Court of Common Pleas or the County Court of Philadelphia for appropriate relief at law or in equity against any person responsible for such nuisance, or against any person who knowingly participates in the creation and maintenance of such nuisance by another person.

     (6)     Any Cease Operations Order issued by the Department of Licenses and Inspections shall be posted at every entrance to the premises in conspicuous places clearly visible to the public and shall remain posted until removed by the Department of Licenses and Inspections. The violator shall promptly notify the Department of Licenses and Inspections when payment has been made. When the Department of Licenses and Inspections is satisfied that no unpaid fines/costs remain, it shall remove every Cease Operations Order which has been posted.

     (7)     No person shall remove, damage or deface any Cease Operations Order.

     (8)     The Department of Licenses and Inspections shall promptly notify the Police of the issuance of every Cease Operations Order and of the removal thereof. The Police, upon the request of the Department of Licenses and Inspections, shall render assistance in the enforcement of any Cease Operations Order and shall have the right to enter any premises for such purposes.

     (9)     Any person with knowledge of a Cease Operations Order who permits the premises to be occupied after a Cease Operations Order has been issued ordering the premises vacated, or who removes, damages or defaces any Cease Operations Order shall be subject to arrest by the Police and issued a citation and summons in such manner as provided by the Pennsylvania Rules of Criminal Procedure applicable in Philadelphia to summary offenses.

     (10)     Repeat Offenders. Any person who fails, on more than one occasion, to comply with an order for his isolation issued pursuant to §§ 6-204 and 6-502 of this Title, shall be subject to a fine of not more than three hundred (300) dollars, or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a Repeat Violation regardless whether the second or subsequent violation occurs before or after a judicial finding of a first or previous violation. Each violation, after the first, shall constitute a separate Repeat Violation offense.

§ 6-104.  Duties Under State Acts.

     (1)     The Department shall continue to exercise any functions and perform any duty in administering and enforcing the provisions of any act of the Commonwealth of Pennsylvania

which is not hereby affected and which is or may be vested in or placed upon the Department so long as such acts remain in force.

 

Notes

2      Added, Bill No. 090383 (approved August 17, 2009).

3     Added, Bill No. 080167-A (approved November 19, 2008); renumbered, Bill No. 090383 (approved August 17, 2009).

4      Added, Bill No. 060958 (approved February 15, 2007). 5      Added, Bill No. 080167-A (approved November 19, 2008). 6      Added, Bill No. 080167-A (approved November 19, 2008). 7      Added, Bill No. 080167-A (approved November 19, 2008). 8      Added, Bill No. 090383 (approved August 17, 2009).

9     Amended, 1963 Ordinances, p. 989; amended, 1990 Ordinances, p. 715. Subsections (4), (5), (6), and (7) read (2), (3), (4) and (5), res

CHAPTER 6-200.  PREVENTIVE MEDICINE

§ 6-201.  Listing of Diseases.

     (1)     The Board may by regulation establish separate lists of communicable, reportable and quarantinable diseases, which lists shall include all diseases so designated by the Board and shall form the basis for the controls and requirements hereinafter established for communicable, reportable or quarantinable diseases.

§ 6-202.  Responsibilities of Physicians, Osteopaths, Veterinarians, and Other Persons. 10

     (1)     Any physician, osteopath or veterinarian who treats any person or any animal having any reportable disease shall forthwith report the existence of such disease to the Department in writing or in such form and manner as the Board may be regulation prescribe.

     (2)     Any physician or osteopath who treats any person for an injury resulting from a gunshot wound or weapon related injury, or attends a death resulting from a gunshot wound or weapon related injury, shall forthwith report the occurrence of such injury or death to the Department of Health in writing or in such form and manner as the Board may by regulation prescribe.

     (3)     Any physician, osteopath or veterinarian who treats any person or any animal for a communicable disease in a communicable stage shall inform such person treated or the owner of such animal treated and any other appropriate person of the nature and communicability of such disease and the need for treatment and the requirements of isolation or quarantine in such manner as the Board may by regulation prescribe to insure proper notification and clear warning of the dangers thereof.

     (4)     Every person shall render such information and reports to the Department as may be required by this Title or by such regulations as the Board may prescribe to insure the proper control of communicable diseases or to aid in the formulation and review of municipal programs for the promotion of the health of the public. The regulations of the Board may limit the release of such information where such restrictions are necessary to encourage persons to render and report the information.

§ 6-203.  Examinations.

     (1)     The Department may order the examination of any person having or reasonably suspected of having any venereal disease, active tuberculosis or any other communicable disease

which is dangerous to human life and which is transmissible through human contact or close human association.

     (2)     The Department may order the examination of any person in any food establishment who is involved in the preparation or service of food or who comes in contact with any eating or cooking equipment therein or who is employed in a room in which food is prepared or served in order to insure effective diagnosis and control of communicable disease which is readily transmissible under such circumstances.

     (3)     All examinations provided for in this Section may be conducted by any physician or osteopath but shall be conducted in accordance with such regulations as the Board may prescribe to insure effective diagnosis and control of communicable disease.

§ 6-204.  Quarantine and Isolation.

     (1)     The Department may order the isolation of any person found by the attending physician, osteopath, or by the Department to have any disease listed by the Board as a quarantinable disease in the place, for such period and in such manner as the Board may by regulation prescribe in order to protect public health and to prevent the spread of such disease.

     (2)     The Department may order the quarantine of any person who is reasonably suspected of having or being exposed to any disease listed by the Board as a quarantinable disease in the place and in such manner as the Board may by regulation prescribe in order to protect the public health and prevent the spread of such disease, but such quarantine shall continue only until such time as a prompt and timely determination is made with the approval of the Department whether any person so quarantined does in fact have or is exposed to any such disease.

     (3)     The Department may order the isolation of any person found by the attending physician, osteopath, or by the Department to be a carrier of any disease listed by the Board as a quarantinable disease in the place, for such period and in such manner as the Board may by regulation prescribe in order to prevent the spread of disease through such carriers.

     (4)     The Board may by regulation prescribe such requirements for the transportation, distribution and delivery of the bodies of persons who have died or who are reasonably suspected of having died from any quarantinable disease as may be necessary to protect the public health from the further spread of such disease.

     (5)     The Department may order, in such manner as the Board may by regulation prescribe, to control the spread of disease:

          (a)     the destruction of the bedding, clothing, or other immediate personal effects of any person found to have any disease listed by the Board as a quarantinable disease;

          (b)     the disinfection of the private residence in which such person has lived or the establishment or institution in which such person has been during his infection or exposure;

          (c)     the impounding of the bedding, clothing, or other personal articles of any person who is reasonably suspected of having or being exposed to any disease listed by the Board as a quarantinable disease pending a determination of whether such person does have or has been exposed to such disease.

§ 6-205.  Emergency Epidemic Control.

     (1)     Where a communicable disease which constitutes a serious danger to health is spreading either in the City or in the communities surrounding the City, and threatens to reach epidemic proportions unless immediately controlled; where the danger thereof is such that the Board does not have time to list the said disease as quarantinable and issue regulations for its effective control; and where the Mayor of the City has suspended the requirements of Section 8-407 of the Charter, the Department shall have the authority to issue orders, which shall be effective until the Board may meet and promulgate regulations, listing said disease as a quarantinable disease and providing for quarantine or isolation of persons who have, or are reasonably suspected of having, or have been exposed to such disease, providing for the control of animals, the control of environmental sanitation, and for such other measures as are necessary to prevent the spread of said disease.

§ 6-206.  Prevention of Congregation of Persons.

     (1)     Whenever an epidemic of a listed quarantinable disease or whenever an emergency as described in § 6-205(1) is found to exist or to be seriously threatened, the Department may in accordance with the regulations of the Board, or by order, as the case may be, forbid congregation of persons at schools, theaters, swimming places, or any public place where such measure is necessary to prevent the spread of such disease.

§ 6-207.  Premarital Examinations.

     (1)     Every physician and osteopath who makes the examination and renders the statement as to existence or non-existence of syphilis in any person desiring to apply for a marriage license, as required by the Act of May 16, 1945, P.L. 577, 35 P.S. §§ 587.1 et seq. shall conduct such examination in accordance with such diagnostic procedures, and shall render such reports of the results as the Board may prescribe by regulation not inconsistent with the above Act to ensure accurate diagnosis and proper reporting of information necessary for the Department in the effective control of syphilis.

§ 6-208.  Examination During Pregnancy.

     (1)     Every physician or osteopath who takes a blood sample from a pregnant woman during the period of gestation shall do so in the manner prescribed by such regulations as the Board may prescribe to guarantee proper and timely diagnosis of syphilis and shall submit the blood sample to a laboratory conducted and maintained in accordance with such regulations as the Board may prescribe to ensure accurate diagnosis.

§ 6-209.  Pre-School Examination.

     (1)     The Board may by regulation require the examination of children of immediate pre-school age in order to insure the early diagnosis of disease. Any regulations so issued shall permit such examination to be conducted by any physician or osteopath but shall require that it be conducted in accordance with such requirements as the Board may establish to insure early diagnosis or to prevent the spread of disease.

§ 6-210.  Immunization.

     (1)     Whenever it is necessary to control effectively the spread of communicable disease, the Department may, in accordance with regulations prescribed by the Board, require the immunization of any person against any communicable disease listed and designated by the Board as one against which immunization is effective.

     (2)     No person shall attend any school, other than colleges or universities, unless it is established through vaccination procedure, as prescribed by the regulations of the Board, that such person is immune from smallpox.

§ 6-211.  Advertisement.

     (1)     All advertisement of treatment, prophylaxis, diagnosis or cure of venereal disease shall comply with such regulations as the Board may prescribe to prevent false or misleading advertising.

§ 6-212.  Sale of Drugs.

     (1)     No person shall knowingly sell at retail any drug for use in the prevention or treatment of venereal disease except upon the prescription of a physician, osteopath or dentist.

§ 6-213.  Animals. 11

     (1)     The Board may by regulation prescribe such restraints or controls on animals as it shall find necessary to prevent the spread of any disease transmissible from animals to human beings. Such regulations may include and require, but shall not be limited to:

          (a)     The examination and quarantine or isolation of any animal having, exposed to, or reasonably suspected of having such disease;

          (b)     The protection of any animal against such disease;

          (c)     The seizure of any animal found unrestrained or uncontrolled in violation of such regulations;

          (d)     The humane disposal of animals having, or reasonably suspected of having, such disease where necessary for the protection of the public health;

          (e)     The transportation, distribution, delivery and disposal of the bodies of animals which have died or which are reasonably suspected of having died from such disease;

          (f)     Restrictions on the importation of animals having, exposed to, or reasonably suspected of having such disease;

          (g)     The extermination of arthropods and rodents or other disease carriers and the elimination of their breeding sources or places of harborage, including the storage or disposal of manure.

§ 6-214.  Water Fluoridation. 12

     (1)     The Commissioner of Public Health is authorized, when funds are made available by City Council for such purpose, to introduce fluorine into the City's water supply with cooperation of the Water Department, in such quantities as may in his judgment be safe, but in no event to exceed one part of fluorine per one million parts of water, by weight.

     (2)     The Health Commissioner is directed to make application to the Department of Health of the Commonwealth of Pennsylvania for permission to introduce fluorine into the City's water supply.

 

Notes

10      Amended, Bill No. 909 (approved May 1, 1995), 1995 Ordinances, p. 535.

11     Amended, 1961 Ordinances, p. 945 (previous Section 6-213 deleted and previous Section 6-214 redesignated as Section 6-213).

12     Source: 1951 Ordinances, p. 988; amended, 1961 Ordinances, p. 945 (previous Section 6-215 redesignated as Section 6-214).

CHAPTER 6-300.  FOOD

§ 6-301.  Food Establishments. 13

     (1)     Every food establishment handling food shall be conducted, maintained and operated in accordance with the applicable provisions of this Title and such regulations as the Board may prescribe.

     (2)     No person, except for the following exempt entities, shall conduct, maintain, or operate any food establishment selling food unless he has obtained a license as provided in § 6-503: 14

          (a)     Bona fide charitable organizations which distribute food without charge;

          (b)     Family day care homes;

          (c)     The establishments identified in subsection 6-305(1)(g);

          (d)     Operators of vending machines in connection with operation of the machines.

     (3)     Every person applying for such license shall supply such information and shall permit such inspection and examination of his food establishment and the food and persons handling food therein as the Board may by regulation prescribe to protect the health of ultimate consumers. 15

     (4)     The license fee for the issuance of a single license for food establishments selling food is as follows: 16

          (a)     Three hundred (300) dollars for food establishments with permanent location where the primary business is the service of prepared food for consumption on or off the premises, including but not limited to, eating and drinking establishments and caterers. 17

          (b)     Retail food establishments with permanent location, including, but not limited to candy stores and drug stores without soda fountains, grocery, meat markets, and other food stores, but excluding any such food establishment licensed under § 6-301(4)(a): 18

               (.1)     having less than 5000 square feet of floor area. . . . .$200.00; 19

               (.2)     having 5000 square feet or more of floor area. . . . .$500.00. 20

          (c)     Retail food establishments, without permanent location, including, but not limited to mobile vending units such as motor vehicles, movable stands and carts, newsstands, temporary special event establishments, one hundred fifty (150) dollars per unit, per year. 21

          (d)     Food establishments manufacturing, processing, or wholesaling food, including but not limited to food establishments for the manufacture of frozen desserts, milk plants and wholesale food establishments which deal in prepackaged food, three hundred fifty (350) dollars. 22

          (e)     For group child care facilities caring for a maximum of 12 children for less than 24 consecutive hours, other than family day care homes, fifty (50) dollars. 23

     (5)     A separate license shall be obtained for each and every food establishment described in § 6-301(4) which any person seeks to conduct, manage, or operate. 24

     (6)     Every food establishment shall be conducted, operated, and maintained in accordance with such additional requirements as the Board may by regulation prescribe to protect the health of the ultimate consumers of food handled in such establishment. Such regulations may include, but shall not be limited to, reasonable requirements as to: 25

          (a)     The building structure, maintenance, sanitation, lighting, ventilation and cleanliness of food establishments.

          (b)     The preparation, composition, service, display, storage and packaging of food therein.

          (c)     The personal hygiene and food service practices of persons handling food therein.

          (d)     The construction, cleaning, cleanliness, bactericidal treatment and storage of equipment and utensils.

          (e)     The disposal of liquid and solid waste.

          (f)     The handling, storage and protection of food in transit to and from food establishments within the City.

          (g)     The water supply.

          (h)     The control of arthropods and rodents.

     (7)     No food handled outside the City shall be sold or brought into the City for human consumption unless handled in such a manner as to comply with the requirements of this Title and such regulations as the Board may prescribe to prevent adulteration or contamination. 26

     (8)     Responsibilities of Food Establishments. 27 Subject to the exemptions of Section 6-301(9), every food establishment that sells any non-prepackaged potentially hazardous food, as defined by the Board, shall:

          (a)     During hours when food is being prepared, manufactured, cooked, processed, dressed, served or distributed, have present and in its employ at least one (1) person with a valid Food Establishment Personnel Food Safety Certificate, issued pursuant to Section 6-301(10).

               (.1)     The establishment shall post in a conspicuous location the Certificates of all such persons. No expired or revoked Certificates shall be posted.

               (.2)     In the event of any period of non-compliance with Section 6-301(8)(a)(i), a food establishment shall not be considered in violation if the establishment immediately notifies the Department, in writing, of the reasons for such non-compliance and the steps being taken to timely comply, and if the Department determines that the establishment is taking all reasonable steps to timely comply.

          (b)     Conduct a minimum of one (1) self-inspection of the food establishment every three (3) months.

               (.1)     The self-inspection shall be conducted by a person with a valid Food Establishment Personnel Food Safety Certificate. The self-inspection shall include a thorough and complete examination and evaluation of:

                    (i)     the physical premises, both interior and exterior;

                    (ii)     all food that is processed, manufactured, transported, or served on the premises; and

                    (iii)     the manner in which such food is handled and stored.

               (.2)     The food establishment shall complete a self-inspection form, on a form made available by or acceptable to the Department, after each self-inspection. Such forms shall be completed by the person conducting the inspection. Completed self-inspection forms shall be maintained by the food establishment and be available for review upon request by the Department for a minimum of one (1) year.

          (c)     Initiate any improvements found to be needed as a result of any self-inspection. Such improvements shall be made as soon as possible, but in no event later than the next self-inspection. Notwithstanding the foregoing, nothing in Section 6-301(8) shall relieve any food establishment of its obligation to comply immediately with any other provisions of this Title.

          (d)     Promptly notify the Department of any known or suspected foodborne illness of an employee or customer. Such notification shall be made immediately upon learning of such illness or suspected illness, but in no event more than forty-eight (48) hours after the first knowledge. A single isolated instance of illness which the establishment reasonably believes is not traceable to the establishment need not be reported, but any pattern of multiple illnesses must be reported immediately.

          (e)     To the extent required pursuant to Board of Health regulations, ensure that any person engaged in the preparation of food at or under the supervision of the food establishment wears protective gloves and a suitable head covering or hair restraint, all to protect the food from contamination. 28

     (9)     Exemptions. The following establishments shall be exempt from the requirements of Section 6-301(8):

          (a)     those portions of establishments inspected by the United States Department of Agriculture;

          (b)     a bed and breakfast homestead or inn, meaning a private residence which contains ten or fewer bedrooms used for providing overnight accommodations to the public and in which breakfast is the only meal served and is included in the charge for the room;

          (c)     establishments that only serve potentially hazardous food which has been commercially prepared and prepackaged and is served in the original packaging, without further handling;

          (d)     temporary food operations without permanent location that operate for a period of time not to exceed seven (7) days; and

          (e)     such other establishments which have applied to the Department for an exemption and have demonstrated to the satisfaction of the Department that the circumstances of that particular food establishment at that time are such that the protection of the public health does not require the presence of a certified food establishment employee. The exemption shall remain valid only as long as the conditions under which the exemption was granted remain unchanged.

     (10)     Food Establishment Food Safety Certificate.

          (a)     The Department shall issue a Food Establishment Personnel Food Safety Certificate to any person who:

               (.1)     Demonstrates knowledge of established and recognized food safety procedures by:

                    (i)     Showing proof of successful completion of a food protection course approved by the Department, or of passing the examination required for completion of such course; or

                    (ii)     Possession of a valid certificate of registration from a food protection certification program of the Educational Testing Service for Occupational and Professional Assessments; or

                    (iii)     Such other means as determined by the Department to be equivalent to the foregoing, including possession of a valid certificate of completion from a food protection course

determined by the Department to be substantially equivalent to the courses approved by the Department.

               (.2)     Pays a reasonable fee to be established by the Department to defray the costs of administering this Certificate program established by Section 6-301(10).

          (b)     A Food Establishment Personnel Food Safety Certificate shall be valid for such period of time as the Department shall determine, and shall not be transferable.

          (c)     The Department may revoke a Food Establishment Personnel Food Safety Certificate upon a finding that the Certificate holder has not complied with his or her obligations under this Section or applicable regulations. Such revocation, and any appeal therefrom, shall be conducted in accordance with the procedures for license suspension and revocation set forth in this Title.

§ 6-302.  Frozen Desserts.

     (1)     No person shall sell any frozen desserts other than in the unopened carton, package, or protective wrapping in which they were placed at the licensed food establishment where they were prepared, except that frozen desserts may be sold from bulk to the public by a food establishment licensed under § 6-301(4)(a) or by candy stores and drug stores without soda fountains licensed under § 6-301(4)(b).

     (2)     Frozen desserts which contain milk, milk products, or milk derivatives shall be pasteurized.

§ 6-303.  Adulterated Food and Drugs.

     (1)     Except as otherwise provided in this Title and such regulations as the Board may prescribe to protect the health of the ultimate consumer, no person shall:

          (a)     process, manufacture, pack or repack, sell, transfer or dispose of in any way any food or drug which is adultered;

          (b)     receive, deliver, transport or use any food or drug which is adulterated when such person knows, or has reason to know, that such food or drug is adulterated.

§ 6-304.  Condemnation.

     (1)     Whenever the Department has reason to believe that any food or drug is or may be adulterated, it may order any person having charge, control, or custody thereof:

          (a)     to submit a sample of such food or drug to the Department in order to permit inspection or laboratory analysis to determine whether or not such food or drug is in fact adulterated;

          (b)     to withhold such food or drug from sale for human consumption or human use until prompt inspection or laboratory analysis indicates whether or not such food or drug is in fact adulterated.

     (2)     If such inspection or laboratory analysis establishes that such food or drug or any portion of it is adulterated, the Department shall forthwith order the condemnation of such food or drug or any adulterated portion.

     (3)     Any adulterated food or drug which has been so condemned by the Department shall be impounded or denatured forthwith, and thereafter shall be either destroyed or sold for such uses and purposes other than human consumption or human use as the Department may determine to be proper for the protection of the ultimate consumer or user.

§ 6-305.  Milk, Milk Products and Milk Derivatives.

     (1)     Licenses.

          (a)     No person shall conduct, maintain or operate a milk plant in the City unless he has obtained a license as provided in § 6-503.

          (b)     A separate license shall be obtained for each milk plant in the City which any person seeks to conduct, manage, or operate, except that with respect to vehicles conducted, operated, or maintained by any licensed milk plant, only one license need be obtained for all such vehicles in the City.

          (c)     No milk plant outside the City shall sell milk in the City without obtaining a license as provided in § 6-503, except that any such milk plant shipping milk for pasteurization to a milk plant licensed under § 6-305(1)(a) shall not be required to obtain such license; provided such plant is approved by the Department as in compliance with § 6-305(2)(a).

          (d)     No milk plant license shall be issued to any person unless his milk plant's supply of milk and milk products, the dairy farms where they are produced, the methods in which they are handled and transported, and the milk plants where they are handled meet the requirements of this Title and such regulations as the Board may prescribe to prevent contamination of milk or milk products or the growth of disease organisms.

          (e)     The fee for such license is $200. except that: 29

               (.1)     an establishment for the manufacture of frozen desserts only licensed under § 6-301(4) is not required to pay the fee.

          (f)     Any person applying for or holding a milk plant license shall permit the Department to inspect all establishments where the milk, or milk products, utilized by his milk plant are produced, and to examine all records relating to the inspection, laboratory examinations, procurement or disposition of such milk, or milk products, in order to determine whether such products meet the standards of the Board hereinafter prescribed.

          (g)     Any person holding a milk plant license as provided in this Section shall not be required to obtain the food establishment license provided in § 6-301, but shall conduct, maintain and operate his milk plant at all times in accordance with all other applicable provisions of § 6-301.

     (2)     Sale and Use.

          (a)     No milk, milk products, or milk derivatives produced outside the City shall be sold or brought into the City for human consumption unless produced under conditions which meet the requirements of this Title and such regulations as the Board may prescribe to prevent contamination or growth of disease organisms.

          (b)     No person shall sell, other than to a licensed milk plant or a food establishment for the manufacture of frozen desserts licensed under § 6-301(4)(e), for further processing, any milk, milk products or milk derivatives which have not been pasteurized or otherwise processed in a manner which the Board may by regulation declare to afford equivalent protection against contamination, except that certified milk may be sold.

          (c)     No person shall sell any milk or milk products other than in the unopened bottles, cartons, or packages in which they were placed at the licensed milk plant; except that in food establishments licensed under § 6-301(4)(a), homogenized milk and liquid milk products may be sold to the public for consumption as a beverage from a bulk milk dispensing machine or container which has been approved by the Department as complying with the regulations of the Board governing the construction and operation of such devices.

     (3)     Pasteurized Milk and Milk Products.

          (a)     Pasteurized milk and milk products shall be prepared from milk for pasteurization.

          (b)     Pasteurization of milk and milk products shall be accomplished in accordance with the regulations that the Board shall prescribe with regard to:

               (.1)     the structure, maintenance and cleanliness of the milk plant;

               (.2)     the construction, specifications, operation, maintenance, and control of all equipment utilized in the pasteurization, and processing of milk and milk products, including requirements for heating and cooling of milk, process controls and maintenance of records;

               (.3)     the cleanliness and bactericidal treatment of equipment and utensils;

               (.4)     the health and cleanliness of personnel;

               (.5)     the chemical, biological, bacteriological, and physical standards for milk;

               (.6)     the control of arthropods and rodents;

               (.7)     the water supply and the disposal of liquid and solid matter.

          (c)     Pasteurized milk and milk products, except cottage cheese, creamed cottage cheese and sour cream, shall be placed in their final containers in the milk plant where they are pasteurized, and shall be stored, transported and labeled in accordance with such regulations as the Board may prescribe to insure the maintenance of sanitary and wholesome quality of such products.

     (4)     Milk for Pasteurization.

          (a)     Milk for pasteurization shall be produced, transported and received in accordance with the regulations that the Board shall issue with regard to:

               (.1)     the health and cleanliness of the producing animals;

               (.2)     the structure, maintenance and cleanliness of the dairy farm, including character of the water supply and waste disposal thereof;

               (.3)     the health and cleanliness of personnel;

               (.4)     the construction, cleanliness and bactericidal treatment, handling and storage of utensils and equipment;

               (.5)     the cooling, transportation and receiving of milk;

               (.6)     the presence of colostrum;

               (.7)     the percentage of milk fats and solids contained therein;

               (.8)     the number and types of bacteria which may be present therein;

               (.9)     the chemical, biological, and bacteriological standards for milk, but nothing herein contained shall prohibit the addition of vitamin "D" to milk by the irradiation process.

     (5)     Certified Milk.

          (a)     Certified milk shall be milk which has been produced and handled in such a manner as to comply with the standards established by the regulations of the Board, based upon the "Methods and Standards for the Production and Distribution of Certified Milk" as adopted by the American Association of Medical Milk Commission, Inc.

§ 6-306.  Meat and Meat Products.

     (1)     Slaughter of Animals.

          (a)     No animal shall be slaughtered for sale for human consumption except in a food establishment which complies with the applicable requirements of this Code and such regulations as the Board may prescribe for ante- mortem or post-mortem inspection.

          (b)     Every ante-mortem and post-mortem inspection required by the Board shall be made by inspectors approved by the Department. If such inspectors find after due inspection or inspections that:

               (.1)     the animal or any part thereof is fit for human consumption, they shall affix to each and every primal part of the carcass thereof which is fit for human consumption such mark, stamp or other designation of approval as the Board may by regulation prescribe;

               (.2)     the animal or any part thereof is adulterated, they shall forthwith cause it to be condemned as provided in § 6-304.

          (c)     Where ante-mortem or post-mortem inspections are required by the Board, no person shall sell any meat or meat products for human consumption unless it is first inspected and approved as provided in § 6-306(1)(b)(.1).

          (d)     No person shall handle, skin, butcher, cut up, dress, or prepare any adulterated meat or meat products in any part of any food establishment where animals are slaughtered, dressed, or prepared for human food.

     (2)     Shellfish.

          (a)     Shellfish shall be handled, shucked, stored, washed, packed and repacked in accordance with such regulations as the Board may prescribe to assure their cleanliness and wholesomeness.

          (b)     All lots of shellfish, except those which are completely sterilized, shall originate from sources approved by the United States Public Health Service and the Commonwealth of Pennsylvania, and shall be plainly marked with the name of the packer or shipper, their source, the time when they were gathered and packed and such further information as the Board may by regulation prescribe to insure their cleanliness and wholesomeness.

§ 6-307.  Foods Containing Artificial Trans Fats. 30

     (1)     No person shall store, distribute, hold for service, use in preparation of any menu item or serve any foods containing artificial trans fat, as defined in this section, in any food service establishment except food that is served directly to patrons in a manufacturer's original sealed package.

     (2)     A food shall be deemed to contain artificial trans fat if the food is labeled as, lists as an ingredient, contains or is vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil, except that a food the nutrition facts label of which, or other documentation from

the manufacturer, lists the trans fat content of the food as less than 0.5 grams per serving shall not be deemed to contain artificial trans fat.

     (3)     Food service establishments shall maintain on site either the original labels identifying the trans fat content or approved alternative documentation for all food products:

          (a)     that are, or that contain, fats, oils or shortenings;

          (b)     that are, when purchased by such food service establishments, required by applicable law to have labels; and

          (c)     that are being stored, distributed, held for service, used in preparation of any menu items or served by the food service establishment.

     Documentation acceptable to the Department from the manufacturers of such food products, indicating whether the food products contain vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil, or indicating trans fat content, may be maintained instead of original labels, or where original labels are not required by law.

     (4)     Exemptions: The following establishments shall be exempt from the provisions of this section for bakery products only:

          (a)     Any establishment engaged both in the preparation and retail sale of bakery products on the premises; or any other location operated by such establishment for the retail sale of its bakery products, provided it operates no more than three (3) such retail sales locations within the City.

     (5)     This section shall take effect on September 1, 2007 with respect to oils, shortenings and margarines containing artificial trans fat that are used for frying or in spreads and shall take effect on September 1, 2008 with respect to all other uses of foods containing artificial trans fat.

§ 6-308.  Menu Labeling Requirements for Chain Establishments. 31

     (1)     Chain restaurants shall provide nutrition information for all food or beverage items listed for sale on menus as follows:

          (a)     The total number of calories (rounded to the nearest ten calories), grams of saturated fat, grams of trans fat, grams of carbohydrates and milligrams of sodium, per menu item as usually prepared and offered for sale shall be provided adjacent to each item on the menu, in a size and typeface similar to price and other information provided about each menu item;

          (b)     When menu boards or food tags are used in lieu of other forms of menus, the nutrition information may be limited to the total number of calories per item, provided that (i) the additional information required in subsection (a) is made available, in writing, to customers upon

request; and (ii) a sign on or near the menu board or food tag states in clear and conspicuous typeface: "Additional nutrition information for all menu items available upon request."

          (c)     The Board of Health may approve a variation in the method of presentation of the required nutrition information, provided that the Board deems such method appropriate for the protection of the public health, and provided that the approved method supplies the required information to the consumer at the point of decision- making as to a food order. Until any variation is approved, the chain restaurant shall comply with the requirements of this section.

     (2)     Every menu provided by a chain restaurant, or written information provided pursuant to subsection (1)(b) when menu boards or food tags are used, shall include, in clear and conspicuous typeface: (i) a statement of the current U.S. Food and Drug Administration recommended limits for grams of saturated fat (including trans fat) and milligrams of sodium for a 2,000 calorie-per-day diet; and (ii) the following statement: "A 2,000 calorie daily diet is used as the basis for general nutrition advice; individual calorie needs, however, may vary."

          (b)     Menus, menu boards or food tags may also include the following, or a similar statement: "This nutrition information is based on standard recipes and product formulations; however, variations may occur due to differences in preparation, serving sizes, ingredients, or special orders." 32

     (3)     For menu items that come in different flavors and varieties but that are listed as a single item, such as soft drinks, ice cream, pizza, and doughnuts, the median value for calories or other nutrition information for all flavors or varieties shall be listed if the calorie or other nutrition information for all flavors or varieties are within 20% of the median. If the calories or other nutrition information are not within 20% of the median, then the range for all the flavors or varieties shall be listed. If food tags are used to identify different varieties of similar items, the calories per serving of each item shall be listed on each food tag.

     (4)     Exceptions. Chain restaurants shall not be required to provide nutrition information for:

          (a)     items such as specials or limited time offerings that appear on menus for less than thirty (30) days per year;

          (b)     condiments and other items placed on a table or counter for general use without charge;

          (c)     items sold in a manufacturer's original sealed package that contain nutrition information as required by federal law; and

          (d)     custom orders which do not appear on the menu, menu boards or food tags.

     (5)     Any chain restaurant that delivers food or beverage items outside of the premises in wrappers or boxes shall provide the information required by this section in connection with each item delivered on each wrapper and box in a clear and conspicuous manner.

     (6)     Nutrition information must be based upon analytic methods and express nutrient content in a manner consistent with U.S. Food and Drug Administration regulations. A menu is out of compliance with this Ordinance if any nutrition information on the menu for any particular item varies by more than 20% from a nutrient analysis of a representative sample of the menu item.

     (7)     Penalties. A violation of this Section shall be punishable by a fine of up to five hundred dollars ($500). For the purpose of enforcing the provisions of this Section, notices of violation shall be issued by authorized Health Department inspectors or any other persons authorized to enforce ordinances. Such notices of violation shall be issued under the procedures set forth in § 1-112, except that the amount required to be remitted in response to a notice of violation shall be one hundred fifty dollars ($150).

§ 6-309.  Outdated Products. 33

     (1)     Prohibited Conduct. It shall be unlawful for any food establishment to sell or offer to sell to the public any outdated product or to knowingly alter, mutilate, destroy, obliterate or remove by means of a price sticker or otherwise the whole or any part of the expiration date displayed on the label or packaging of any non-prescription drug, infant formula, baby food, milk, milk products and eggs.

     (2)     Discount Incentive for Locating Outdated Products. A person who discovers any outdated product in a food establishment and notifies an employee of that food establishment shall be entitled to purchase from that food establishment one of the same product, not-outdated, at a discount of 50% off the product's current price, for every outdated product the person discovers.

     (3)     Refund and Discount Incentive for Purchase of Outdated Products. A person who purchases an outdated product at a food establishment and notifies the food establishment in person or in writing within 30 days of purchase and provides as evidence the original purchase receipt and the original product, still unused and unopened, bearing the expiration or "sell-by" date, shall immediately receive from the food establishment a cash refund of the original purchase price of the product and shall be entitled to purchase one of the same product, not-outdated, at a discount of 50% off the product's current price.

     (4)     Posting Requirement.

          (a)     Notice to consumers. All food establishments shall post signs informing consumers of the refund and discount incentive for locating outdated products provisions of this Section at the entrance and at every cash register in such establishments.

          (b)     Notice to employees. All food establishments shall post notices and use other appropriate means to notify employees and keep them informed of protections and obligations under this Section.

     (5)     Reporting Requirement. Chains with more than 10 establishments in the City and food establishments whose annual revenues exceed $1 million shall report annually to the Department the number of refunds they have issued under the refund provision of this Section at each food establishment and the number of products they have provided at a 50% discount at each food establishment under the discount incentive provisions of this Section.

     (6)     Inspections. The Department shall inspect food establishments for the presence of food and/or drug products in violation of this Section in the course of all inspections it conducts of food establishments and shall cite any violations in its written inspection reports.

     (7)     Penalties.

          (a)     All violations of each subsection of this Section which are committed on a single calendar day shall be aggregated together and constitute one single violation for the purpose of issuing citations and assessing penalties under this Section. Violations of different subsections of this Section which are committed on a single calendar day shall not be aggregated and shall constitute separate and distinct violations for the purpose of issuing citations and assessing penalties under this Section.

          (b)     A violation of any provision of this Section shall be classified as a Class II offense and the penalty for such violation is a fine not exceeding the maximum fine for Class II offenses as set forth in Section 1-109. The penalty shall be exclusive of and in addition to any payments under the refund provision of this Section, any provision of products at discount under the discount incentive provisions of this Section, any other subsection of this Section or any provision of Section 6-301.

     (8)     Injunction Against Unlawful Practices; Additional Penalties.

          (a)     Whenever it shall appear to the Department that a food establishment or chain has engaged in or may be engaging in any practice declared to be unlawful by this Section, the Department may apply to the Court of Common Pleas of Philadelphia County for an injunction prohibiting such person from continuing such practices or engaging therein or doing any acts in furtherance thereof.

          (b)     In addition to any other remedy authorized herein the court may revoke any food establishment license issued pursuant to the Health Code upon a finding that such person has knowingly and persistently engaged in a pattern of practices declared to be unlawful by this Section. The court may make such orders or judgments as may be necessary to prevent the use or employment by a person of any prohibited practices, or which may be necessary to restore to any person in interest any moneys or property, real or personal which may have been acquired by means of any practice herein declared to be unlawful.

          (c)     Such orders or judgments could include, but are not limited to:

               (i)     directing a food establishment or chain to institute enhanced training and compliance procedures and systems to ensure that outdated products are not offered for sale;

               (ii)     directing a food establishment or chain to retain an independent monitor to perform periodic random compliance checks to ensure that outdated products are not offered for sale; and

               (iii)     directing a food establishment to pay the reasonable costs of litigation incurred by the Department in bringing the civil action.

     (9)     Protection of Employees.

          (a)     Employees Not To Be Discharged. No food establishment may discharge, threaten or otherwise discriminate or retaliate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because the employee or a person acting on behalf of the employee makes a good faith report or is about to report, verbally or in writing, to the employer or appropriate authority any violation of this Section.

          (b)     Discrimination Prohibited. No food establishment may discharge, threaten or otherwise discriminate or retaliate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because the employee is requested by an appropriate authority to participate in an investigation, hearing or inquiry held by an appropriate authority or in a court action relating to a violation of this Section.

          (c)     Cause of Action for Employees Alleging Employer Misconduct. An employee alleging a violation of this Section may bring a civil action in the Court of Common Pleas of Philadelphia County for appropriate injunctive relief or damages, or both, within 180 days after the occurrence of the alleged violation.

               (i)     Standard of Proof and Defenses. In such an action, the employee must show by a preponderance of the evidence that, prior to the alleged reprisal, the employee or a person acting on behalf of the employee had reported or was about to report in good faith, verbally or in writing, an instance of wrongdoing or waste to the employer or an appropriate authority. It shall be a defense to an action under this section if the defendant proves by a preponderance of the evidence that the action by the employer occurred for separate and legitimate reasons, which are not merely pretextual.

               (ii)     Remedies Available to Prevailing Employee. A court, in rendering a judgment in an action brought under this Section, shall order, as the court considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages or any combination of these remedies. A court may also award the complainant all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, if the court determines that the award is appropriate.

          (d)     This Section shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing or inquiry held by an appropriate authority, or impair the rights of any person under a collective bargaining agreement.

 

Notes

13

     Amended, Bill No. 1266 (approved December 28, 1995), 1995 Ordinances, p. 1507. Section 2 of the bill provides: "Notwithstanding any prior enacted effective date, the entirety of Sections 6-301(8), 6-301(9) and 6-301(10) of The Philadelphia Code, as amended by this Ordinance, shall become effective on September 1, 1996. No food establishment shall be required to comply with this Ordinance until September 1, 1996."

14

     Amended, Bill No. 090774 (approved January 13, 2010). Section 2 of Bill No. 090774 provides: "No change in a license fee made by this Ordinance shall be effective with respect to any particular license until one week after the Commissioner of Licenses and Inspections certifies to the Chief Clerk of Council, and provides notice on the City's website, that the technology to appropriately implement such particular change is in place."

15     Subsection (3)(a) added, Bill No. 070308 (approved September 20, 2007); subsection (3)(a) deleted, Bill No. 090261 (approved June 26, 2009).

16     Amended, 1988 Ordinances, p. 339; amended, 1993 Ordinances, p. 925; amended, Bill No. 090774 (approved January 13, 2010). See note 14 for effective date provisions.

17     Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080853 (approved December 8, 2008); amended, Bill No. 090774 (approved January 13, 2010). See note 14 for effective date provisions.

18     Amended, Bill No. 090774 (approved January 13, 2010). See note 14 for effective date provisions.

19     Amended, Bill No. 080853 (approved December 8, 2008); amended, Bill No. 090774 (approved January 13, 2010). See note 14 for effective date provisions.

20     Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080853 (approved December 8, 2008).

21     Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 070308 (approved September 20, 2007); amended, Bill No. 080853 (approved December 8, 2008).

22     Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 090774 (approved January 13, 2010). See note 14 for effective date provisions.

23     Added, 1994 Ordinances, p. 114; amended, Bill No. 000545 (approved December 19, 2000); renumbered and former subsections (e), (f), (g), (i) and (j) deleted, Bill No. 090774 (approved January 13, 2010). See note 14 for effective date provisions.

24     Amended, 1961 Ordinances, p. 945; amended, Bill No. 090774 (approved January 13, 2010). See note 14 for effective date provisions.

25      Amended, 1961 Ordinances, p. 945. 26      Amended, 1961 Ordinances, p. 945.

27     Added, 1994 Ordinances, p. 814. Section 2 of the Ordinance provides that it is to be effective 18 months after its enactment. Amended, Bill No. 1266 (approved December 28, 1995), 1995 Ordinances, p. 1507.

28     Added, Bill No. 070189-A (approved October 18, 2007); amended, Bill No. 090261 (approved June 26, 2009).

29      Amended, 1961 Ordinances, p. 945.

30     Added, Bill No. 060958 (approved February 15, 2007); amended, Bill No. 070511 (became law November 15, 2007).

31      Added, Bill No. 080167-A (approved November 19, 2008), effective January 1, 2010. 32      Enrolled Bill No. 080167-A contained no subsection (2)(a). 33      Added, Bill No. 090383 (approved August 17, 2009).

CHAPTER 6-400.  MISCELLANEOUS STANDARDS AND REQUIREMENTS

§ 6-401.  Occupational and Industrial Hygiene.

     (1)     Industrial Establishments.

          (a)     All industrial establishments shall be conducted, operated and maintained in accordance with the Health Code and such regulations as the Board may prescribe to protect the health and life of all persons within or about such establishments from health hazards. Such regulations shall be based upon recognized public health standards and may include, but shall not be limited to, reasonable requirements to control and insure:

               (.1)     sufficient illumination for the work being performed.

               (.2)     sufficient and adequate ventilation, circulation, and conditioning of air to prevent or eliminate health hazards resulting from dust, fumes, gases, material particles or other concentrations of atmospheric contaminants or toxic substances.

               (.3)     prevention of harmful combinations of heat and humidity.

               (.4)     sufficient and adequate housekeeping and sanitation or service facilities to prevent health hazards.

               (.5)     prevention of the use of manufacturing processes, materials, equipment or supplies which have been demonstrated to be potential health hazards unless adequate protective devices are established and used.

               (.6)     prevention of employment of persons in specifically described hazardous industries without adequate pre-employment and subsequent health examinations by a physician or osteopath and without adequate study of the causes and means of preventing the specific occupational health hazards or diseases described for the industries involved.

               (.7)     the control of arthropods and rodents.

     (2)     Radiation.

          (a)     No person shall operate, use or maintain in a condition ready for immediate use any machine, equipment or supplies emitting ionizing radiations or radioactive particles, including x-ray machines, static eliminators, and radio isotopic machines, other than in accordance with such regulations as the Board may prescribe to protect the public health from any toxic effect of ionizing radiation or radioactive particles and to prevent harmful exposure to such radiations or radioactive particles. 34

          (b)     No person shall operate, use or maintain any shoe fluoroscope. 35

     (3)     Hearing Protection for Firefighters and Paramedics. 36

          (a)     The City of Philadelphia shall provide hearing protection that must be used by all Fire Department members operating or riding on fire apparatus and subject to noise in excess of 85 dBA.

          (b)     The City of Philadelphia shall provide hearing protection that must be used by all Fire Department members when exposed to noise in excess of 85 dBA that is caused by power tools or equipment, other than in situations where the use of such protective equipment would create an additional hazard to the user.

          (c)     Hearing protective equipment provided pursuant to this section shall be limited to ear muffs that provide effective sound attenuation and rapid donning, and that are equipped with built-in speakers and volume controls to enable radio and intercom communications.

          (d)     The Fire Department shall engage in a hearing conservation program to identify and reduce or eliminate potentially harmful sources of noise in the work environment.

§ 6-402.  Business, Professional and Community Controls.

     (1)     Reserved. 37

     (2)     Pest control. 38

          (a)     No person shall sell, use, or otherwise dispose of any toxic insecticides, rodenticides, and pesticides except in accordance with such regulations as the Board may prescribe to prevent injury or health hazard to the user or the public.

     (3)     Barber and Beauty Shops. 39

          (a)     Every barber shop, beauty shop, beauty school, barber school or barber college where hair is cut, cleaned or treated for any fee, charge, or hire shall be maintained in a clean and sanitary condition at all times, and no article, except tools and instruments and the temporary cover placed over clothing, shall be used on more than one person. All tools and instruments shall be cleaned, disinfected, sterilized or treated in such manner as the Board may by regulation prescribe to prevent the spread of communicable disease.

          (b)     No person shall cut, clean or treat hair for compensation, directly or indirectly, in any place other than a state licensed barber or beauty shop except that any barber or beauty operator registered with the Commonwealth of Pennsylvania may cut, clean or treat hair for persons in their private residences or in institutions in cases of sickness, incapacitation, confinement and other emergencies.

          (c)     No student barber or student beauty shop operator shall practice or be permitted to practice his intended trade upon any person except by way of clinical work on a person willing to submit to such practice after being properly informed that the operator is a student.

          (d)     No person shall knowingly render any service to any person suffering from any infectious or communicable disease except in accordance with § 6-402(3)(b).

     (4)     Institutions and Schools.

          (a)     Any person who conducts, operates, or maintains any institution or school, except an institution or school owned or operated by the City, the Commonwealth of Pennsylvania, or the United States shall annually register such fact with the Department.

          (b)     All institutions and schools shall be conducted, operated and maintained in accordance with this Title and such regulations as the Board may prescribe to protect the health and life of patients and persons therein. Such regulations may include, but shall not be limited to, reasonable requirements to insure or require:

               (.1)     the control of the spread of communicable disease;

               (.2)     the effective treatment of disease;

               (.3)     that care rendered and facilities available for such care are conducive to the health and life of all patients and the unborn;

               (.4)     sufficient illumination for the care being given or the work being performed;

               (.5)     sufficient and adequate ventilation, circulation, and conditioning of air to prevent or eliminate health hazards resulting from gases, fumes, dust, material particles, or other concentrations of atmospheric contaminants or harmful substances;

               (.6)     prevention of harmful combinations of heat and humidity;

               (.7)     sufficient and adequate housekeeping and sanitation or service facilities to prevent health hazards;

               (.8)     prevention of the use of materials, equipment or supplies which create health hazards unless effectively regulated or unless adequate protective devices are established and used;

               (.9)     the control of arthropods and rodents.

     (5)     Swimming Places.

          (a)     All swimming places shall be constructed, operated and maintained in such manner as the Board may by regulation prescribe to prevent contamination and the spread of disease and any other actual or potential danger to the public health.

          (b)     The Department may order the examination or laboratory analysis of such swimming place to determine whether or not such swimming place is contaminated, or constructed, operated or maintained in violation of § 6-402(5)(a).

          (c)     If such inspection or laboratory analysis establishes that such swimming place is in fact contaminated, constructed, or operated, or maintained in such manner and such degree that it is hazardous to health if used for any aquatic activity, the Department may order that it be closed to any such aquatic activity until such measures as the Department may prescribe to remove such contamination have been effected.

     (6)     Laundries.

          (a)     No person shall conduct, operate or maintain any laundry except in accordance with such regulations as the Board may prescribe to prevent the spread of communicable disease by controlling the quantity and temperature of hot water used in such laundries and the manner and frequency of the cleaning of such laundries.

     (7)     Water and Ice.

          (a)     No person shall use any water for human consumption, the preparation of food, or for ablutionary purposes with respect to humans, food or food service equipment or utensils except such water as shall come from a public water supply system, approved by the Pennsylvania Department of Health; or which meets such standards as the regulations of the Board may prescribe with regard to the materials, supplies, and methods of treating water supplies, the chemical, physical, bacteriological content or quality of the water, or the design, installation, operation and maintenance of such water supply systems.

          (b)     The freezing of water and the handling thereafter shall be performed in accordance with such regulations as the Board may prescribe to prevent contamination of ice to be used as an ingredient for food or as a refrigerant in direct contact with food.

     (8)     Noxious Plants.

          (a)     Whenever the Department finds any noxious plants such as ragweed or poison ivy growing on any uncultivated area to the extent that they are or may become a menace to public health, the Department may order the owner or person in charge thereof to correct or remove such condition.

     (9)     Nuisances.

          (a)     When the Department finds that any continuing violation of the Health Code, the regulations thereunder, or any other continuing health hazard, so injuriously or adversely affects

the health of the residents of the City or any portion thereof as to constitute a public nuisance, it may order any person responsible therefor, or any person who causes or contributes to the creation and maintenance thereof to correct and remove such nuisance at his own expense.

     (10)     Public Places.

          (a)     The construction, operation, and use of sanitary equipment and supplies and facilities in places of public assembly, including toilet, washing and drinking facilities, shall be in accordance with such regulations as the Board may prescribe to control the environmental sanitation or to prevent the spread of communicable disease.

     (11)     Tattooing, Body Piercing and Body Art Establishments. 40

          (a)     No tattooing, body piercing or body art establishment shall provide services to a minor without parental consent.

          (b)     The construction, operation, and use of equipment, supplies and facilities in tattooing, body piercing and body art establishments shall be in accordance with such regulations as the Board may prescribe for the purpose of preventing injury and the spread of communicable disease. Such regulations may address, without limitation, the qualifications, health, cleanliness and personal hygiene of operators; prohibitions against the provision of services to medically compromised individuals; and the maintenance of records.

§ 6-403.  Residential and Occupancy Hygiene. 41

     (1)     Definition.

          (a)     Lead Based Coating. Any paint, lacquer or other applied liquid surface coating, and putty or caulking or other sealing compound which contains a quantity of lead in excess of that amount allowed by Federal Law or Regulation pertaining to lead based paint.

          (b)     Containing Lead. Having a content that includes lead or lead compound in excess of the limits set forth in the Consumer Product Safety Improvement Act of 2008, P.L. 110-314, § 101 (codified at 12 U.S.C. § 1278a (a)(2)), unless the Board of Health determines that the amount of lead in the content of a specific product or type of product does not constitute "Containing Lead" for purposes of this Section. 42

     (2)     Prohibited Conduct.

          (a)     No person shall apply or cause to be applied any lead based coating to toys, furniture, food utensils, jewelry, household products or the interior or exterior surfaces, fixtures or appurtenances of any dwelling, rooming house, dwelling unit, rooming unit, institution or similar type facility, except at those locations permitted by Federal Law or Regulation. 43

          (b)     No person shall sell, transfer or deliver toys, furniture, food utensils, jewelry, or household products containing lead, or to which lead based coating has been applied. 44

          (c)     No person shall store, sell, or transfer for retail purposes any lead based coating, except where permitted by Federal Law or Regulations. Any lead based coating stored, sold or transferred in violation of this provision shall be disposed of in accordance with regulations adopted by the Board of Health.

          (d)     No person shall permit lead based coating to remain on any toy, furniture, food utensil, jewelry, household product or the exterior or interior surfaces, fixtures or appurtenances of any dwelling, rooming house, dwelling unit, rooming unit, institution or similar type facility where the surface may be readily accessible to children under the age of six years and where the Department determines that the presence of lead based coating creates a health hazard to children under the age of six. 45

          (e)     No person shall permit any toy, furniture, food utensil, jewelry, household product or exterior or interior surfaces, fixtures or appurtenances containing lead to remain in or on any dwelling, rooming house, dwelling unit, rooming unit, institution or similar type facility where the object or material may be readily accessible to children under the age of six years. 46

     (3)     Labeling.

          (a)     Containers in which lead based coating is stored, sold or transferred for retail purposes, as permitted by Federal Law or Regulation, shall be labeled in accordance with regulations adopted by the Department.

     (4)     Hazardous Conditions. 47

          (a)     The Department of Public Health, upon application by any owner or person in control of a premises, shall test or cause to be tested said premises to determine the presence of lead based coating. The Department shall make such additional determinations as to enable the Department to issue a certificate that the premises is or is not in compliance with this Section of The Philadelphia Code.

               (.1)     The fee for aforesaid examination and certificate shall be three hundred thirty (330) dollars, or such higher amount as is set forth in the contract between the City and the United States Department of Housing and Urban Development (HUD) for inspection of residential properties owned by HUD. 48

          (b)     Where analysis, through the use of instrumentation approved by the Department or made in a laboratory, reveals the presence of lead based coating on any toy, furniture, food utensil, household product or on any interior or exterior surface, fixture or appurtenance in violation of § 6-403(2)(d), the Department shall issue an order to the owner, his agent or occupant to eliminate the health hazard in accordance with methods prescribed by regulations issued by the Department.

               (.1)     Abatement of Violations.

                    (.a)     If the person upon whom the order is served does not comply with the order of the Department to correct the condition creating the health hazard within the prescribed time period the Department may, itself or by contract, correct the condition by eliminating the hazard, charge the costs thereof to the owner, and, with the approval of the Law Department, collect the costs by lien or otherwise.

     (5)     Tenant Protection Against Retaliation.

          (a)     When the Department issues an order to the owner or to a representative of the owner of a residential housing unit to eliminate lead-based paint hazards, the owner or a representative of the owner is prohibited thereafter from:

               (.1)     Evicting or attempting to evict the tenant from the residential housing unit through judicial process, self-help or any other means;

               (.2)     Coercing or attempting to coerce the tenant into abandoning the residential housing unit;

               (.3)     Otherwise changing or attempting to change the lease terms;

               (.4)     Re-renting the residential housing unit to a subsequent tenant or tenants, until such time as the lead-based paint hazard has been eliminated, as set forth in subsection 6-403(d);

               (.5)     Collecting or attempting to collect any further rent from the tenant of the residential housing unit if the owner or the owner's representative fails to comply or substantially comply with the order, as determined by the Department, within thirty (30) days.

          (b)     (.1)     Any owner or representative of the owner who violates any provision of subsection 6-403(5)(a) shall be subject to a fine of three hundred (300) dollars and/or imprisonment of up to ninety (90) days for each offense for each residential unit. Continuing violation of the same provision shall constitute a separate violation for each day for each residential housing unit.

               (.2)     Any tenant may enforce the provisions of subsection 6-403(5)(a) in the Philadelphia Court of Common Pleas, the Philadelphia Municipal Court or any other Court having jurisdiction. A prevailing tenant shall be entitled to actual damages and to not less than triple the monthly rent for each violation, plus attorneys fees and costs.

          (c)     When the Department issues an order to the owner or to a representative of the owner of a residential housing unit to eliminate lead-based paint health hazards, the Department will direct the Department of Licenses and Inspections to revoke the rental license for the unit.

          (d)     When the Department certifies in writing, to the tenant and to the owner or the representative of the owner, that the lead-based paint hazard has been removed, the Health Department will direct the Department of Licenses and Inspections to reinstate the rental license

and, the owner or the representative of the owner may resume collecting rent from the date the tenant is notified in writing.

          (e)     Nothing in this Section shall be construed to exclude or substitute for the rights and remedies contained in Chapter 9-1600 of The Philadelphia Code, relating to the Prohibition Against Unlawful Eviction Practices, or any other legal remedies of the tenant.

§ 6-404.  Dangers of Consuming Alcoholic Beverages During Pregnancy; Warning Signs. 49

     (1)     Definitions.

          (a)     Alcoholic Beverages. Any alcohol, spirits, liquor, wine and malt or brewed beverages including beer, lager beer, ale, porter or similar fermented malt beverages. The term shall not include:

               (.1)     products which are nonbeverage in nature wherein liquor is used and changed into other chemical substances and does not appear in the finished product as liquor;

               (.2)     products sold for medicinal purposes only by licensed, registered pharmacists upon the signed written prescription of a duly licensed physician, dentist or veterinarian; or

               (.3)     products sold for sacramental or religious purposes only by holders of a Sacramental Wine License issued pursuant to Section 409 of the Act of April 12, 1951 (P.L. 90), known as the Liquor Code.

          (b)     Vendor of Alcoholic Beverages. Any person, partnership, firm, joint-stock company, business trust, association, corporation or other form of business enterprise who owns or operates a business establishment such as a bar, tavern, hotel, restaurant, club or beer distributorship which sells at retail any alcoholic beverages for consumption either on or off the premises. The term shall not include:

               (.1)     the Pennsylvania Liquor Control Board, its agents and employees who manage or operate Pennsylvania Liquor Stores under the provisions of the Liquor Code.

     (2)     Duties of Vendors of Alcoholic Beverages.

          (a)     All vendors of alcoholic beverages shall have posted in a conspicuous place on the premises where alcoholic beverages are sold a sign which clearly warns pregnant women and nursing mothers of the dangers of consuming alcoholic beverages during pregnancy.

          (b)     The sign required by this subsection shall read as follows:

A HEALTHY BABY BEGINS WITH YOU:

PREGNANCY AND ALCOHOL DO NOT MIX

Drinking beer, wine or liquor while you are pregnant or a nursing mother can be harmful to your baby.

FOR MORE INFORMATION, CALL

     (3)     Duties of Department and Board.

          (a)     The Department shall prepare said warning signs and make them available at no charge to vendors of alcoholic beverages.

          (b)     The Board shall promulgate any necessary regulations with respect to the posting of said warning signs.

          (c)     The Department shall conduct inspections of premises subject to the requirements of this Section in accordance with Section 6-501 of this Title. Whenever the Department discovers that a vendor of alcoholic beverages is not in compliance with this Section, it shall make an order requiring such compliance as provided in Section 6-502 of this Title.

          (d)     The Department shall take all reasonable steps necessary to procure the consent of the Pennsylvania Liquor Control Board to the posting of said warning signs in State Liquor Stores located in the City of Philadelphia. Upon obtaining the Liquor Board's consent, the Department shall make the necessary arrangements for the posting of the signs in said Liquor Stores.

     (4)     Penalties.

          (a)     Any vendor of alcoholic beverages who violates the provisions of this Section shall be subject to the penalties imposed by subsection 6-103(1) of this Title.

§ 6-405.  Requirements for HIV Antibody Tests of Individual Persons. 50

     (1)     Definitions.

          (a)     AIDS. Acquired immunodeficiency syndrome – the most serious stage of disease caused by human immunodeficiency virus infection.

          (b)     HIV. Human immunodeficiency virus (formerly called human T-cell lymphotropic virus type III – HTLV-III), the organism that causes AIDS.

          (c)     HIV Antibody Test. A blood test for the presence of antibody to HIV, which is considered as evidence of infection.

          (d)     Seronegative or Negative. Someone testing negatively on a serologic (blood) test for HIV antibody.

          (e)     Seropositive or Positive. Someone testing positively on a serologic (blood) test for HIV antibody.

     (2)     Requirements. All persons who conduct the HIV Antibody Test on individuals shall, in all cases:

          (a)     obtain an informed consent form signed by the individual to be tested; and

          (b)     provide pre- and post-test counseling to the individual tested, regarding the implications of a positive or negative test.

     (3)     Elements of Required Counseling. The counseling required under this Section shall be in accordance with protocols established by the United States Centers for Disease Control, available upon request from the Philadelphia Health Department, "The Department".

          (a)     Counselors must either be trained by the Department, or be trained by a contractor or agent authorized by the Department, or they must have a combination of training and experience deemed acceptable by The Department.

     (4)     Pre-test Counseling Required for a Valid Informed Consent. Pre-test counseling leading to a valid informed consent under this Section shall be rendered by a counselor qualified in accordance with subsection (3)(a) of this Section 6-405, and shall include as a minimum, and in addition to all other requirements of the Section, the following elements:

          (a)     the purpose of the test;

          (b)     the type of confidentiality pertaining both to the test result and the fact that the test has occurred;

          (c)     an explanation of the test;

          (d)     the degree of test accuracy and the possibility of a false negative or positive result;

          (e)     the implications of a positive or negative result;

          (f)     the benefits versus the risks of the test;

          (g)     the possible impact of knowing one's serostatus;

          (h)     the assurance that a patient's health services will not legally be adversely affected by the test results or the patient's willingness to be tested; and

          (i)     if applicable, an explanation of confidential versus anonymous testing and the implications of both.

     (5)     Language Requirement. All counseling shall be done in a language understood by the person to be tested.

     (6)     Penalties. Any person who violates the provisions of this Section shall be subject to the penalties imposed by subsection 6-103(1) of this Title.

§ 6-406.  Laser Light Shows. 51

     (1)     Definition. For purposes of this Section, the term "laser light show" shall mean the use of a laser light projection system at a radiation level in excess of the limits of Class I as defined by 21 C.F.R. 1040 for public displays.

     (2)     Inspections. The Department shall have the right to inspect any equipment to be used at a laser light show for compliance with applicable federal, state or local safety standards. 52

 

Notes

34      Amended, 1957 Ordinances, p. 440. 35      Amended, 1957 Ordinances, p. 440. 36      Added, Bill No. 070275-A (became law November 15, 2007).

37     Amended, 1955 Ordinances, p. 1164; amended, 1961 Ordinances, p. 945; amended, 1973 Ordinances, p. 902; amended by deleting provisions regarding Rendering Plants, Bill No. 970238 (approved June 25, 1997).

38      Cross ref.: § 9-604.

39     Amended, Bill No. 090774 (approved January 13, 2010). See note 14 for effective date provisions.

40      Added, Bill No. 000063 (approved March 28, 2001).

41     Added, 1966 Ordinances, p. 263; amended, 1977 Ordinances, p. 775; amended, Bill No. 1108 (approved July 24, 1995), 1995 Ordinances, p. 1260.

42      Added, Bill No. 090260 (approved August 17, 2009). 43      Amended, Bill No. 090260 (approved August 17, 2009). 44      Amended, Bill No. 090260 (approved August 17, 2009). 45      Amended, Bill No. 090260 (approved August 17, 2009). 46      Added, Bill No. 090260 (approved August 17, 2009). 47      Amended, 1974 Ordinances, p. 35. 48      Amended, 1993 Ordinances, p. 925. 49      Added, 1984 Ordinances, p. 790. 50      Added, 1990 Ordinances, p. 804. 51      Added, Bill No. 970238 (approved June 25, 1997).

52     Renumbered and former subsection (2) deleted, Bill No.090774 (approved January 13, 2010). See note 14 for effective date provisions.

CHAPTER 6-500.  ADMINISTRATIVE PROVISIONS

§ 6-501.  Inspections.

     (1)     The Department is authorized to make inspections including the requiring of reports and the taking of samples as necessary to perform tests to determine compliance with this Title and regulations adopted under it. For this purpose the Department is authorized to enter and examine any establishment, institution or private residence at all reasonable times and the owner or person in charge shall give the Department free and unhindered access for the purposes of such inspection.

     (2)     Where the Department is satisfied that any other governmental or private agency or industry requires compliance with standards which are at least equivalent to comparable City standards, that their inspection service is effective, that an acceptable level of compliance is maintained and that such compliance is required by inspectors approved by the Department, it shall accept the result of such inspections in lieu of making its own inspections.

     (3)     It is the policy of Council that the Department shall cooperate with state and federal inspection agencies; that duplication of inspection shall be avoided wherever feasible and consistent with the protection of the public health of the City; and that reciprocity between, and augmentation of, existing inspectional services shall be encouraged.

     (4)     Except as provided in § 6-501(2) and (3), all inspections authorized by this Title shall be made by the Department, unless the Mayor, with the approval of the Administrative Board, transfers the duty of making all or any of such inspections to the Department of Licenses and Inspections in accordance with the provisions of Section 8-412 of the Charter.

§ 6-502.  Orders.

     (1)     Except as otherwise provided and subject to the provisions of the Charter, whenever the Department determines that the Health Code or the regulations adopted under it require any action or forbearance from any action to be effected by order, it shall make an order requiring such action or forbearance.

     (2)     All such orders shall be in writing and shall be served on the person from whom action, forbearance, or compliance is required except that where the Department finds willfulness or a menace to public health requiring immediate corrective action such orders may be oral in the first instance.

     (3)     Any person to whom such an order is directed or from whom any action, forbearance, or compliance is in any way required shall comply with such order within such reasonable period of time as the Department shall specify in such order. 53

     (4)     While an appeal from an order, as hereafter provided, is pending, compliance with such order shall not be required unless the Department finds, and certifies in writing in such order, that immediate compliance is necessary to protect the public health.

     (5)     Any person who is aggrieved by an order directed to him or requiring any action, forbearance, or compliance from him may, prior to taking an appeal therefrom pursuant to § 6-504, request and receive a prompt hearing before the Health Commissioner or any representative specifically designated by him, provided that such request for hearing is made in writing within 5 days from the receipt of such order.

§ 6-503.  Licenses and Permits. 54

     (1)     Issuance and Conditions.

          (a)     All applications for any license required by this Title shall be made to the Department of Licenses and Inspections.

          (b)     The Board shall set by regulation the requirements and standards to be met by applicants for licenses and the Department shall certify them to the Department of Licenses and Inspections.

          (c)     The Department of Licenses and Inspections shall not issue any license unless:

               (.1)     the fee prescribed by this Title is paid;

               (.2)     such information or records as this Title may require are furnished;

               (.3)     such inspections as may be required by this Title have been made;

               (.4)     the person applying therefor and the establishment or food for which such license is sought complies in every respect with this Title and the requirements and standards required by the Board, as certified by the Department.

          (d)     All licenses shall:

               (.1)     remain in force for one year from the date of issuance, unless sooner revoked as hereafter provided; 55

               (.2)     be publicly displayed in a conspicuous place within the establishment where the activity or act licensed is principally conducted;

               (.3)     be non-assignable and non-transferable;

               (.4)     be conditioned upon continued compliance with this Title and the Regulations of the Board issued under it.

     (2)     Suspension of License or Permit. 56

          (a)     Whenever the Department finds any person holding any license or permit has violated any of its condition, and that such violation is willful or constitutes a menace to public health requiring immediate corrective action, it shall certify such violation to the Department of Licenses and Inspections which shall forthwith suspend such license or permit.

          (b)     The Department of Licenses and Inspections may thereafter revoke such licenses or permit in accordance with the procedures set forth in § 6-503(3).

          (c)     While an appeal from the suspension of any license or permit is pending, such suspension shall nevertheless become immediately effective.

     (3)     Revocation of License or Permit.

          (a)     Whenever the Department determines that any person holding any license or permit has violated any of its conditions, it shall serve written notice of the violations upon the holder of such license or permit stating the nature of the violation and that compliance with all requirements of the license or permit shall be achieved within thirty (30) days of receipt of the notice. Such notice may also describe a course of remedial action.

          (b)     If at the expiration of the time accorded for compliance the violation has not been corrected, the Department may make an official finding of violation and certify such finding to the Department of Licenses and Inspections which shall forthwith revoke such license or permit.

          (c)     Any person whose license or permit has been suspended or revoked shall in addition thereto be liable to the penalties and/or other remedial action prescribed by this Title.

          (d)     While an appeal from the revocation of any license or permit as hereinafter provided is pending, compliance with such revocation shall not be required.

§ 6-504.  Appeals.

     (1)     Any person whose application for any license has been denied, or whose license has been suspended or revoked, or who is aggrieved by an order directed to him or requiring any action, forbearance, or compliance from him may appeal to the Board of License and Inspection Review in accordance with the Charter and the procedures prescribed by that Board.

§ 6-505.  Fees. 57

     (1)     Prerequisite. No permit, certificate, approval or variance shall be issued until the required fee is paid.

     (2)     General Review. Fees for review of new construction, extensive addition, alteration, new tenancy or procedures requiring prior approval shall be based upon the following categories:

          (a)     Food Establishments. 58 Fees for plan review shall be based upon the square footage of the affected establishment area according to the following schedule:

Establishment Size               Fee

1000 square feet or less          $375.00

from 1001 - 5000 sq. ft.          $875.00

from 5001 - 10,000 sq. ft.          $1,500.00

from 10,001 - 14,000 sq. ft.          $2,125.00

above 14,000 sq. ft.               $2,125.00 plus $15.00 for each additional 100 sq. ft. or portion thereof.

               (.1)     Fees for food establishment inspections conducted to determine compliance of site facilities with required plan submission shall be as follows:

                    (.i)     A fee of one hundred ninety dollars ($190.00) in addition to the applicable plan review fee shall be required for establishments when plans have been submitted.

                    (.ii)     A fee of four hundred forty dollars ($440.00) in addition to the applicable plan review fee shall be required for establishments that have not submitted plans.

          (b)     Mobile Vending Unit. 59 Initial plan review fee for a mobile vending unit shall be one hundred fifty dollars ($150.00).

          (c)     Temporary Special Event Establishments. 60 Fees for the review of temporary special event establishments shall be based upon the square footage of the occupied space according to the following schedule:

Establishment Size               Fee

200 sq. ft. or less               $48.00

from 201 - 350 sq. ft               $90.00

from 351 - 500 sq. ft               $150.00

above 500 sq. ft               $150.00 plus $42.00 for each additional 200 sq. ft. or portion thereof.

          (d)     On-Lot Sewage System. Fee for the review and evaluation of a property for an On-Lot Sewage Permit shall be five hundred (500) dollars and shall include application submittal, test pit evaluation, and the performance and/or monitoring of the percolation test. A fee of two hundred (200) dollars shall be required for performing each additional test when requested separately or in addition to the base fee.

          (e)     Solid Waste Permit Application. Fee for review of a Solid Waste Permit Application shall be one thousand (1,000) dollars.

          (f)     Infectious Waste Permit. Fee for the review of an infectious waste plan shall be based on the category of service at each facility according to the following schedule:

Category of Service Fee

Single Practice (1-2 practitioners). . . . . $100.00

Multiple Practice (3 or more practitioners), Clinics, Blood Banks, Laboratories and other Commercial Establishments. . . . . $250.00

Institution (hospital, nursing home, schools, or corporate entities). . . . . $500.00

          (g)     Environmental Audit for Real Estate Transactions. Record search, review and evaluation associated with a Phase I environmental audit shall be eight hundred (800) dollars.

          (h)     Plan or Permit Amendments. Fee 61 for plan or permit amendments shall be sixty-five dollars ($65.00).

          (i)     Plan or Permit Resubmissions. 62 Resubmissions of plans or permit application materials requiring facility plan or permit approval shall be three hundred fifteen dollars ($315.00).

          (j)     Preliminary Reviews. 63 Fee for the examination of each set of preliminary drawings, specifications and/or computations shall be three hundred fifteen dollars ($315.00).

     (3)     Regulatory Services. Fees for required inspection and reinspection services shall be based upon the following categories.

          (a)     Commercial Property Sewer Examination. Fee for the inspection and evaluation of a commercial property building sewer to determine the existence of a defect that is causing a rat infestation shall be as follows:

               (.1)     Initial inspection fee shall be two hundred fifty (250) dollars.

               (.2)     Reinspection fee shall be one hundred (100) dollars.

          (b)     Animal Control. Fee for reinspection conducted of commercial operations to determine compliance with provisions of Chapter 10-100 (Animals) shall be fifty (50) dollars.

          (c)     Swimming Place Safety Inspection and Water Quality Analysis. Inspection fee shall be two hundred seventy five (275) dollars per inspection which shall include the collection and analysis of water samples. 64

          (d)     On-Lot Sewage Systems. Reinspection of malfunctioning on-lot sewage systems shall be one hundred fifty (150) dollars.

          (e)     Commercial Establishment. 65 Fees associated with conducting reinspection of commercial regulated facilities shall be based upon the following schedule:

               (.1)     Fee for each additional inspection required to determine the compliance status of any condition previously identified by inspection to be in violation of the requirements of the Health Code shall be one hundred ninety dollars ($190.00).

               (.2)     Fee for each reinspection required to be conducted to determine compliance with the Health Code as a result of an enforcement action shall be three hundred fifteen dollars ($315.00).

               (.3)     Fee for each additional establishment inspection necessitated as a result of an appeal to the Board of Licenses and Inspections Review shall be three hundred fifteen dollars ($315.00).

     (4)     Miscellaneous Fees. The following miscellaneous fees are hereby established:

          (a)     Filing Fee. 66 No application for permit, certificate, approval or variance shall be accepted until a non- refundable filing fee of sixty-five dollars ($65.00) is paid.

          (b)     Expert Witness Fee. 67 Fees for a representative of the Philadelphia Department of Public Health to provide expert witness testimony in litigation not involving an action in which the City is a party shall be as follows:

Classification Appearance Fee Per Day

Environmental Health Inspector. . . . . $250.00

Sanitarian. . . . . $375.00

Sanitarian Specialist. . . . . $440.00

Sanitarian Supervisor. . . . . $500.00

Program Manager. . . . . $625.00

Program Director. . . . . $750.00

               (.1)     A fee of one-half (1/2) the above appearance rate shall be charged for three (3) hours or less.

          (c)     Copying Fees. 68 Fees for providing copies of records shall be as follows:

               (.1)     Medical Records. The fee for providing copies of medical records shall be six dollars and twenty-five cents ($6.25) for the first page and three dollars ($3.00) for each additional page.

               (.2)     Inspection Record. Copies of inspection records shall be provided for a fee of thirty dollars ($30.00) subject to an additional charge of thirty cents ($0.30) per page of documents provided.

               (.3)     Record Search. Fee for conducting a record search in conjunction with a request for record copies shall be one hundred twenty-five dollars ($125.00) in addition to the fee for record copies.

               (.4)     Lists. Fee for providing requested lists of data-based information or involving multiple record searches for the purpose of compiling a list of requested information, provided such information is available, shall be seven hundred fifty dollars ($750.00).

 

Notes

53      Amended, 1964 Ordinances, p. 41; amended, 1977 Ordinances, p. 775. 54      Amended, 1993 Ordinances, p. 925.

55     Amended, Bill No. 070308 (approved September 20, 2007); amended, Bill No. 090261 (approved June 26, 2009).

56      Amended, 1993 Ordinances, p. 925. 57      Amended, 1993 Ordinances, p. 925. 58      Amended, Bill No. 040421 (approved June 3, 2004).

59     Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080859 (approved December 8, 2008).

60     Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080859 (approved December 8, 2008).

61      Enrolled bill read "Free"; Amended, Bill No. 040421 (approved June 3, 2004). 62      Amended, Bill No. 040421 (approved June 3, 2004). 63      Amended, Bill No. 040421 (approved June 3, 2004).

64     Amended, Bill No. 994 (approved May 1, 1995), 1995 Ordinances, p. 538 ; amended, Bill No. 080859 (approved December 8, 2008).

65      Amended, Bill No. 040421 (approved June 3, 2004). 66      Amended, Bill No. 040421 (approved June 3, 2004). 67      Amended, Bill No. 040421 (approved June 3, 2004). 68      Amended, Bill No. 040421 (approved June 3, 2004).

CHAPTER 6-600.  ASBESTOS PROJECTS 69

§ 6-601.  Definitions. 70

     A.     When used in this Chapter, the following definitions shall apply:

          (1)     Asbestos. Asbestiform varieties of chrystotile, crocidolite, amosite, actinolite, anthophylite, and tremolite.

          (2)     Asbestos Material. Any substance which contains more than one (1%) percent asbestos by weight.

          (3)     Friable Asbestos Material. Any asbestos material that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure, including any asbestos material that will be crumbled, pulverized or reduced to powder by the proposed asbestos project.

          (4)     Asbestos Abatement. Any activity designed to control fiber release from asbestos material and prevent asbestos exposure, including removal, enclosure, or encapsulation of asbestos materials.

          (5)     Removal. The taking out or stripping of asbestos materials.

          (6)     Enclosure. The erection of air-tight, impact-resistant barriers around asbestos materials to prevent the release of asbestos fibers into the environment.

          (7)     Encapsulation. The spraying or coating of exposed asbestos materials with an approved sealant to prevent the release of asbestos fibers.

          (8)     Asbestos Project. Any activity involving the removal, enclosure, or encapsulation of asbestos materials or any renovation, repair, or demolition which disturbs asbestos materials.

          (9)     Renovation. Any modification of existing structures in a building or private residence.

          (10)     Repair. Restoration, reconstruction, or reconditioning of structures or fixtures in a building or private residence.

          (11)     Demolition. The taking out or wrecking of load-supporting structures in a building or private residence.

          (12)     Major Asbestos Project. Any project, except in a private residence, which involves within one (1) year, the removal, enclosure, or encapsulation of or any renovation, repair, or demolition work which disturbs or damages either:

               (a)     eighty (80) square feet or more of friable asbestos material from ceilings, walls, structural members, mechanical components, or other surfaces at one location; or

               (b)     forty (40) linear feet or more of asbestos pipe covering at one location.

          (13)     Minor Asbestos Project. Any project involving, within one (1) year, the removal, enclosure, or encapsulation of or any renovation, repair, or demolition work which disturbs or damages either:

               (a)     more than twelve (12) square feet but less than eighty (80) square feet of friable asbestos material at one location; or

               (b)     more than three (3) linear feet but less than forty (40) linear feet of asbestos pipe covering at one location; or

               (c)     any asbestos project in a private residence involving more than twelve (12) square feet of friable asbestos material, or more than three (3) linear feet of asbestos pipe covering.

          (14)     Structural Member. Any load-supporting member of a structure, such as beams or load-supporting walls; or any non-load-supporting member, such as ceilings or non-load-supporting walls.

          (15)     License. A document issued by the Department of Licenses and Inspections, after approval of the Department of Public Health, authorizing a contractor to engage in the business of asbestos abatement or renovation, repair or demolition work involving asbestos materials.

          (16)     Permit. A document issued by the Department of Licenses and Inspections, after approval by the Department of Public Health, authorizing a contractor or any other person to commence a major asbestos project.

          (17)     Building. Any public or private commercial, industrial, or institutional structure or any residential structure which contains four (4) or more dwelling units.

          (18)     Private Residence. Any private residential structure which contains less than four (4) dwelling units.

          (19)     Building Owner. The owner of a building or his/her authorized representative.

          (20)     Building Occupants. Employees, tenants, or other persons who live, work or utilize the services offered in a building.

          (21)     Asbestos Contractor. A business or individual who contracts to perform asbestos abatement or renovation, repair, or demolition work involving asbestos materials.

          (22)     Asbestos Worker. Any person who directly performs or supervises asbestos abatement or renovation, repair, or demolition work involving asbestos materials.

          (23)     Asbestos Project Supervisor. Any person employed by an asbestos contractor or building owner to supervise asbestos project activity.

          (24)     Employer. A body, person, board, corporation, partnership, proprietorship, joint venture, fund, authority, or similar entity employing, permitting, or suffering another to work. This term shall apply to private employers and to the City and its agencies, schools, institutions, or authorities recognized by it.

          (25)     Employee. Any person permitted or suffered to work by an employer.

          (26)     Authorized Employee Representative. A person designated by the employees or the designated representative of an employee organization recognized or certified to represent the employees.

          (27)     Discriminatory Action. Any action by an employer which adversely affects an employee with respect to any terms or conditions of employment or opportunity for promotion including, but not limited to, the action of dismissal, layoff, suspension, demotion, transfer of job or location, reduction in wages, changes in hours of work, or reprimand.

          (28)     Certified Asbestos Worker. A person who has completed an approved training or review course and has received a training certificate.

          (29)     Independent Certified Asbestos Project Inspector. A technically qualified individual approved by the Department of Public Health and employed or retained by a building owner to perform continuous monitoring of a major asbestos project. An asbestos project inspector shall not be associated with the asbestos contractor on the project.

          (30)     Independent Certified Laboratory. Any analytical testing laboratory approved by the Department of Public Health to analyze bulk, dust, or air samples for asbestos. The laboratory utilized for analysis of samples from an asbestos project shall not be associated with the contractor performing the asbestos work on the project.

          (31)     Technically Qualified Individual. An individual with professional or technical education, training, or experience, who understands the health and safety risks associated with asbestos exposure and has a working knowledge of the precautions, procedures, and equipment required for proper asbestos removal, renovation, or demolition.

          (32)     Re-occupancy Standard. A maximum allowable concentration of airborne asbestos fibers established by the Department of Public Health for re-occupancy of a building, private residence, or portion thereof following completion of an asbestos project.

          (33)     Air Monitoring. The process of sampling and measuring the fiber content of a known volume of air in a known period of time.

          (34)     HEPA. A High Efficiency Particulate Absolute filter capable of filter efficiency at ninety-nine and ninety-seven one-hundredths percent (99.97%) of a test aerosol with an average particle size of three-tenths (0.3) microns.

          (35)     Containment Bag. A plastic bag specifically designed to permit the removal of asbestos insulation material without releasing fibers into the air.

          (36)     Department. Department of Public Health.

          (37)     Board. Board of Health.

          (38)     Commissioner. Health Commissioner.

          (39)     Person. Any individual, natural person, syndicate, association, partnership, firm, corporation, institution, trustee, agency, authority, department, bureau, or other legal entity.

          (40)     Asbestos Inspection Report. A document prepared by an independent certified asbestos investigator concerning the presence and condition of asbestos material in a building.

          (41)     Independent Certified Asbestos Investigator. An individual approved by the Department of Public Health and employed or retained by a building owner to identify the presence and evaluate the condition of asbestos material in a building. An asbestos investigator shall not be associated with the contractor employed to perform the alteration or demolition work in the building.

          (42)     Location. Any work area in which an asbestos project is undertaken, except that where contiguous minor asbestos project work areas may be practicably combined for the purpose of 71 meeting the standards for major asbestos projects, such combination of minor asbestos project work areas shall comprise one location.

          (43)     Emergency Situation. A condition requiring immediate removal or repair of less than eighty (80) square feet of friable asbestos material or less than twenty (20) linear feet of asbestos pipe covering where the failure to remove or repair such material would result in the shutting down of mechanical systems or manufacturing equipment.

          (44)     Small Asbestos Project. Any project involving the removal, enclosure, or encapsulation of or any renovation, repair or demolition work which disturbs or damages either:

               (a)     twelve (12) square feet or less but more than five (5) square feet of friable asbestos material at one location; or

               (b)     three (3) linear feet or less but more than one (1) linear foot of asbestos pipe covering at one location.

          (45)     Incidental Asbestos Project. A project that disturbs or damages either:

               (a)     five (5) square feet or less of friable asbestos material at one location; or

               (b)     one (1) linear foot or less of asbestos pipe covering at one location.

§ 6-602.  Licenses.

     In order to ensure that asbestos work is properly performed so as to protect building occupants and the general public from exposure to asbestos, all qualified asbestos contractors shall be licensed.

     (1)     No asbestos contractor shall engage in an asbestos project unless the contractor has obtained a license from the Department of Licenses and Inspections.

     (2)     The Board shall establish by regulation the qualifications and standards for the issuance and renewal of a license. Such standards and qualifications shall, at a minimum, include:

          (a)     Successful completion of approved training and review courses required by this Chapter and certification by the Department of Licenses and Inspections, provided that where the contractor is a business, the business shall have in its employ, at least one individual who has satisfied such training and certification requirements; 72

          (b)     the use of certified asbestos workers;

          (c)     the use of appropriate equipment and materials.

     (3)     Applicants for either a license or license renewal shall provide, in addition to any other information required, a complete record of all violations, penalties, or other sanctions imposed in regard to asbestos project activity during the previous twelve (12) months by the City of Philadelphia or any other jurisdiction.

     (4)     Licenses shall be valid for one (1) year. The annual license fee shall be four hundred dollars ($400.00), plus an annual non-refundable application fee of thirty dollars ($30.00). 73

     (5)     The Department of Licenses and Inspections shall not issue a license unless and until the Department has certified, in writing, that the applicant meets the qualifications and standards established by the Board.

     (6)     The Department of Licenses and Inspections shall renew a license unless the Department has certified, in writing, that the applicant has not met the qualifications and standards established by the Board. The Department shall review annually the compliance record of all asbestos contractors.

     (7)     The Department of Licenses and Inspections, upon a finding by the Department that an asbestos contractor has failed to comply with the provisions of this Chapter and regulations

promulgated thereunder, shall deny, suspend, or revoke a license or refuse to renew a license in accordance with the recommendation of the Department.

     (8)     Any action taken by the Department of Licenses and Inspections pursuant to Section 6-602 may be appealed to the Board of License and Inspection Review in accordance with its procedures.

§ 6-603.  Permits and Notification. 74

     In order to ensure that asbestos work is properly performed so as to protect occupants of buildings and private residences and the general public from exposure to asbestos, permits shall be required for all major asbestos projects and notification shall be required prior to the commencement of all minor asbestos projects.

     (1)     No contractor or other person shall commence a major asbestos project unless he/she has obtained a permit for that project from the Department of Licenses and Inspections.

     (2)     Reserved. 75

     (3)     Project permit fees shall be based on the estimated cost of the asbestos abatement portion of the project but shall be no less than two and one half percent (2.5%) of the first fifty thousand ($50,000) dollars and an additional one and one quarter percent (1.25%) of any amount over fifty thousand ($50,000) dollars. The minimum fee shall be one hundred twenty-five dollars ($125.00). 76

     (4)     The Board shall establish by regulation the requirements for obtaining a permit which shall include, but not be limited to:

          (a)     possession of a valid license or, if the applicant is not an asbestos contractor, certification by the Department of Licenses and Inspections;

          (b)     use of certified asbestos workers;

          (c)     use of appropriate equipment and materials.

     (5)     Permit applications shall include, but shall not be limited to, the following information:

          (a)     name and address of contractor or other person responsible for the asbestos project;

          (b)     name and address of independent certified asbestos project inspector;

          (c)     name and address of independent certified laboratory;

          (d)     name and address of asbestos waste transporter;

          (e)     name and address of asbestos waste disposal facility;

          (f)     name and address of building owner;

          (g)     location and function of building;

          (h)     description of asbestos project, including amount and location of asbestos materials;

          (i)     description of procedures and equipment that will be used to comply with the asbestos project standards established by this Chapter, including any alternative equivalent methods proposed for work area preparation;

          (j)     estimated total cost of the project;

          (k)     scheduled starting and completion dates.

     (6)     The Department of Licenses and Inspections shall not issue a permit unless and until the Department has certified, in writing, that the applicant has met the requirements established by the Board. In addition, the Department of Licenses and Inspections shall impose upon a permit such terms and conditions as the Department deems necessary to ensure compliance with the provisions of this Chapter or regulations promulgated thereunder.

     (7)     After a permit has been issued, the applicant shall notify the Department, in advance, of any changes in the asbestos project not accounted for in the permit application and submit an amended permit application before project completion.

     (8)     The Department of Licenses and Inspections, upon a finding by the Department that a person has failed to comply with the provisions of this Chapter or regulations promulgated thereunder shall deny, suspend, or revoke a permit in accordance with the recommendation of the Department.

     (9)     Any action taken by the Department of Licenses and Inspections pursuant to Section 6-603 may be appealed to the Board of License and Inspection Review in accordance with its procedures.

     (10)     Minor Asbestos Project Notification. 77

          (a)     No contractor or other person shall commence a minor asbestos project unless he/she has notified the Department in accordance with regulations established by the Board at least twenty-four (24) hours prior to the commencement of the project. Such notification shall be accompanied by payment of a $25.00 notification fee.

§ 6-604.  Certification. 78

     In order to ensure that asbestos work is properly performed so as to protect occupants of buildings and private residences and the general public from exposure to asbestos, asbestos workers, asbestos project inspectors, asbestos investigators and analytical testing laboratories shall be certified as competent by the Department of Licenses and Inspections.

     (1)     Asbestos Workers.

          (a)     No person shall directly perform or supervise any asbestos abatement, renovation, repair or demolition work which disturbs or damages asbestos materials unless that person has been properly trained and certified by the Department of Licenses and Inspections.

          (b)     The Department of Licenses and Inspections shall certify those persons who have completed an approved training or review course and have been awarded a training certificate or who have been exempted from completing an initial training course by the Department. At the time of certification, the Department of Licenses and Inspections shall provide all persons certified to perform work on asbestos projects with written information on the relationship between smoking and asbestos exposure.

          (c)     All asbestos workers, supervisors and contractors shall complete, or qualify as exempted from completing, an initial training course in order to obtain their initial certification; and complete an annual review course in order to renew their certification. Any persons who fail to renew their certification for three (3) consecutive years shall be required to complete an initial training course in order to be re-certified.

          (d)     Certification by the Department of Licenses and Inspections shall be valid for thirteen (13) months from completion of an approved training or review course. No fee shall be charged for certification. 79

          (e)     The employer shall ensure that each asbestos worker engaged in an asbestos project is currently certified by the Department of Licenses and Inspections.

          (f)     The Department of Licenses and Inspections shall issue an identification card valid for thirteen (13) months from completion of an approved training or review course to certified asbestos workers. All asbestos workers shall have their identification cards in their possession while working on an asbestos project.

          (g)     The following persons are exempted from completing an initial training course, but nevertheless are required to complete an annual review course thereafter.

               (.1)     Experienced asbestos workers who have successfully completed appropriate training programs, provided that such training programs have been reviewed and approved by the Department.

               (.2)     Any person who has fulfilled the certification requirements of another jurisdiction, provided, that such certification requirements have been reviewed and approved by the Department.

               (.3)     The Board shall establish by regulation criteria for reviewing and approving training programs and certification requirements.

     (2)     Asbestos Project Inspectors.

          (a)     Asbestos project inspectors employed or retained by building owners to perform air sampling and visual inspections on major asbestos projects shall be certified annually by the Department of Licenses and Inspections, after approval by the Department.

          (b)     The Board shall establish criteria for approval of asbestos project inspectors.

          (c)     Certification shall be valid for one (1) year. The annual fee shall be one hundred and fifty dollars ($150.00). 80

     (3)     Analytical Testing Laboratories.

          (a)     Laboratories that perform analysis of bulk, dust, or air samples for asbestos shall be certified annually by the Department of Licenses and Inspections after approval by the Department.

          (b)     The Board shall establish criteria for approval of laboratories.

          (c)     Certification shall be valid for one (1) year. The annual fee shall be four hundred dollars ($400.00). 81

     (4)     Asbestos Investigators.

          (a)     Asbestos investigators employed or retained by a building owner to identify the presence and evaluate the condition of asbestos material in a building pursuant to Section 113.6 of The Philadelphia Building Code as adopted by Chapter 4-10.0 of The Philadelphia Code 82 shall be certified annually by the Department of Licenses and Inspections after approval by the Department.

          (b)     The Board shall establish, by regulation, criteria for approval of asbestos investigators.

          (c)     Certification shall be valid for one (1) year. The annual fee shall be one hundred and fifty dollars ($150.00). 83

     (5)     The Department of Licenses and Inspections, upon a finding by the Department that an asbestos worker or supervisor, asbestos project inspector, asbestos investigator, or analytical testing laboratory has failed to comply with the provisions of this Chapter and regulations promulgated thereunder, shall deny, suspend, or revoke a certification or refuse to renew a certification in accordance with the finding of the Department.

     (6)     Any action taken by the Department of Licenses and Inspections pursuant to Section 6-604(5) may be appealed to the Board of License and Inspection Review in accordance with its procedures.

§ 6-605.  Training. 84

     In order to ensure that all asbestos workers are properly trained to perform asbestos work so as to protect occupants of buildings and private residences and the general public from exposure to asbestos, training programs shall be certified by the Department of Licenses and Inspections.

     (1)     Asbestos training programs shall be certified annually by the Department.

     (2)     The Board shall establish by regulation criteria for approval of training programs, including but not limited to, instructors, curricula and examinations.

     (3)     Certification shall be valid for one (1) year. The annual fee shall be three hundred ($300.00) dollars.

     (4)     Initial training and review courses shall be taught by technically qualified individuals.

     (5)     Asbestos training programs shall issue a training certificate to persons who complete an initial training or review course.

     (6)     The successful completion of a training course shall include passage of a written examination.

     (7)     An initial training course shall provide at least thirty-two (32) hours of instruction. Classroom instruction shall include, but not be limited to, the following topics:

          (a)     recognition of asbestos material, including its physical character and uses;

          (b)     health hazards of asbestos, including the relationship between asbestos exposure, smoking and disease;

          (c)     permissible asbestos exposure limits established or recommended by OSHA, NIOSH, and other agencies or professional organizations;

          (d)     worker protection, including respiratory protection, protective clothing, decontamination procedures, air monitoring, medical surveillance, and personal hygiene;

          (e)     the use and care of respirators, including the protection afforded, fitting and testing procedures, maintenance and cleaning;

          (f)     work practices, including work area preparation, procedures and equipment for reducing airborne asbestos fibers, waste clean-up and disposal, and work area decontamination;

          (g)     the requirements, procedures, and standards of the Department;

          (h)     negative air pressure systems and procedures.

     (8)     In addition to classroom instruction, an initial training course shall provide at least sixteen (16) hours of actual experience in asbestos work practices through a simulated asbestos project and individual instruction and practice in the use and fit testing of respirators.

     (9)     A review course shall provide at least eight (8) hours of review of topics covered in the initial training course, incorporating any new developments in asbestos abatement procedures and equipment.

     (10)     The Department of Licenses and Inspections, upon a finding of noncompliance by the Department, shall deny, suspend, revoke, or refuse to renew a certification of any asbestos training program in accordance with the finding of the Department. Such action by the Department of Licenses and Inspections may be appealed to the Board of Licenses and Inspections Review in accordance with its procedures.

§ 6-606.  Standards for Major Asbestos Projects. 85

     The Board shall establish by regulation standards for major asbestos projects in order to protect the health and safety of building occupants and the general public by preventing the dispersion of asbestos fibers through a building or into the environment. Such major asbestos project standards shall include, but not be limited to, the following requirements:

     (1)     Work Area Preparation.

          (a)     Appropriate caution signs shall be posted at all entrances to the asbestos project work area and waste storage area at all times during the asbestos project, until the re-occupancy standard has been met.

          (b)     All furniture, equipment, fixtures, and other movable objects shall be HEPA-vacuumed and, where feasible, wet-cleaned and removed from the work area.

          (c)     All other objects that cannot be removed shall be HEPA-vacuumed and, where feasible, wet-cleaned and covered with plastic sheeting taped in place.

          (d)     Except to allow for the entry of air necessary to maintain negative pressure, the work area shall be isolated for the duration of the asbestos project by completely enclosing the work area and sealing off all doors, windows, ducts, and other openings with plastic sheeting taped in place.

          (e)     All ventilation systems into or out of the work area shall be shut down.

          (f)     An effective airlock chamber which will prevent contamination outside the work area shall be constructed at the entrance to the work area.

          (g)     All walls shall be covered by at least four (4) mil plastic sheeting taped in place; all floors shall be covered by at least two (2) layers of six (6) mil plastic sheeting taped in place.

          (h)     A series of three (3) enclosed areas connected to the work area and separated by sealable barriers shall be constructed in order to prevent asbestos workers from carrying asbestos outside the work area on their bodies, clothing, or equipment.

               (.1)     First, an equipment area for removal of contaminated protective clothing and storage of contaminated equipment, clothing, and other items;

               (.2)     second, a walk-through shower area where, after leaving the work area and removing their protective clothing in the equipment area, workers shower to remove all asbestos from their bodies; and

               (.3)     third, a clean area where, before entering the work area, workers change from street clothes into clean protective clothing and respirators and store their street clothes in lockers.

          (i)     A negative pressure system shall be established with HEPA-filtered exhaust units that achieve a rate of at least one (1) air change in the work area every fifteen (15) minutes and maintain negative air pressure in the work area at all times in order to prevent airborne asbestos fibers from escaping the work area.

          (j)     Building occupants shall be removed from any floor where an asbestos project is in progress, unless the work area is completely separated either by an airtight physical barrier, such as a wall, or by a plastic barrier with the work area under negative pressure.

          (k)     The Department may approve alternative equivalent methods for work area preparation proposed in the permit application.

     (2)     Asbestos Project Procedures.

          (a)     General Procedures.

               (.1)     No person shall enter the work area during an asbestos project without proper equipment, clothing, and training.

               (.2)     The contractor or supervisor shall provide all authorized persons who enter the work area with required protective clothing and equipment, in accordance with applicable federal regulations, including: disposable protective clothing including full-body coveralls, head and foot covers, gloves; and appropriate respirators not including disposable paper dust masks approved by NIOSH for asbestos exposure.

               (.3)     The contractor or supervisor shall ensure that:

                    (.a)     protective clothing and equipment is properly used;

                    (.b)     respirators are used, fitted, and worn in a proper manner;

                    (.c)     workers wear protective clothing and appropriate respirators, not including disposable paper dust masks, in the work area and other contaminated areas at all times;

                    (.d)     workers refrain from eating, drinking, and smoking in the work area and other contaminated areas;

                    (.e)     workers remove asbestos debris from clothing and equipment before leaving the work area; remove protective clothing and leave contaminated clothing, equipment, and other materials in the equipment area; and shower before entering the clean area.

               (.4)     Appropriate air monitoring to determine worker exposure shall be conducted for all asbestos workers not covered by the OSHA Asbestos Standards.

          (b)     Removal Procedures.

               (.1)     Asbestos materials shall be thoroughly wetted before being removed with an appropriate wetting solution in order to minimize the amount of asbestos fibers in the air which could escape the work area.

               (.2)     Dry removal of asbestos materials shall be permitted only when wet removal is not feasible and only with the approval of the Department.

               (.3)     Containment bag techniques shall be used to the maximum extent feasible for removal of asbestos pipe insulation or other appropriate asbestos materials. The Department may approve alternative, equivalent methods for work area preparation proposed in the permit application when containment bag techniques are used.

          (c)     Encapsulation Procedures.

               (.1)     Encapsulation shall be permitted only in areas where there is minimal activity and where asbestos materials are not damaged, deteriorated, delaminated, readily accessible to building occupants, or likely to be disturbed by building maintenance activity.

               (.2)     Only encapsulants approved by the Department may be used to encapsulate asbestos materials.

               (.3)     The Department shall maintain a list of approved encapsulants.

               (.4)     Asbestos materials that have been encapsulated shall be clearly labeled with a hazard warning prescribed by the Department. Labeling shall remain in place as long as the encapsulated asbestos materials remain intact.

          (d)     Waste Disposal Procedures.

               (.1)     As asbestos materials are removed, they shall be thoroughly wetted and placed into plastic disposal bags.

               (.2)     Asbestos contaminated materials such as plastic sheeting, clothing, and other items shall be placed into plastic disposal bags.

               (.3)     Plastic disposal bags shall be sealed, cleaned, and, while being removed from the work area, placed into approved six (6) mil plastic disposal bags, which shall be sealed, labeled in accordance with applicable EPA regulations, and transported to an approved waste disposal facility.

               (.4)     Any asbestos contaminated materials likely to penetrate the asbestos disposal bags shall also be placed into fiber drums, which shall be sealed, labeled in accordance with applicable EPA regulations, and cleaned before being removed from the work area and transported to an approved hazardous waste disposal facility.

               (.5)     The Board shall establish by regulation procedures for the disposal of large asbestos contaminated structural or mechanical components which cannot be handled according to the procedures specified in this Section.

               (.6)     There shall be no visible emission of asbestos dust during transport of asbestos waste.

          (e)     Work Area Clean-Up Procedures.

               (.1)     After all asbestos abatement work has been completed, but before the plastic containment barriers are removed, all surfaces in the work area shall be HEPA-vacuumed and, where feasible, wet-cleaned with an appropriate solution. When surfaces have dried, they shall be HEPA-vacuumed.

               (.2)     After thorough cleaning, such that no visible residue remains, all surfaces within a building from which asbestos material has been removed and all plastic sheeting shall be sprayed, where feasible, with an appropriate sealant.

               (.3)     The sequence of wet and dry cleaning shall be repeated in twenty-four (24) hour intervals until no residue is visible and, based on aggressive air monitoring conducted after all surfaces have dried, the airborne asbestos levels do not exceed the occupancy standard established by the Board.

          (f)     Re-Insulation.

               (.1)     No structural or mechanical surfaces from which asbestos has been removed shall be re-insulated with asbestos materials.

     (3)     Air Monitoring. Except for asbestos projects that do not involve reoccupancy, air monitoring shall be conducted before, during, and after all asbestos projects in order to protect building occupants and the general public from exposure to asbestos.

          (a)     The building owner shall retain an independent certified asbestos project inspector to monitor the level of airborne asbestos fibers within and outside of the work area during the course of the asbestos project.

          (b)     Air sampling and analysis shall be conducted according to the latest NIOSH or EPA method, if a standard NIOSH or EPA protocol has been established.

          (c)     Air samples shall be analyzed by an independent certified laboratory by appropriate analytic methods. Testing results shall be forwarded directly to the Department and to the independent certified asbestos project inspector and posted outside the work area so that they are readily accessible to asbestos workers and their authorized representatives.

          (d)     Air samples shall be taken before, during, and after asbestos abatement and analyzed as follows:

               (.1)     initial samples shall be taken before asbestos abatement begins to establish prevalent airborne asbestos levels;

               (.2)     project samples shall be taken inside and outside the work area on a daily basis while asbestos abatement is occurring to monitor the work area and detect any escape of fibers;

               (.3)     initial and project samples shall be analyzed by methods prescribed by the asbestos project inspector;

               (.4)     clearance samples shall be taken inside and outside the work area, after final clean-up, to determine whether airborne asbestos levels exceed the re-occupancy standard;

               (.5)     clearance samples shall be analyzed by electron microscopy, unless the asbestos project inspector certifies that an alternate analytic method provides adequate assurance that airborne asbestos levels will not exceed the re-occupancy standard and the Department concurs therewith in writing;

               (.6)     the Board shall establish criteria for approval of alternate analytic methods.

          (e)     The Board shall establish a standard for maximum allowable increase in airborne asbestos levels outside the work area; if air testing results show that the standard has been exceeded, the asbestos contractor or supervisor shall immediately halt asbestos work and implement remedial measures prescribed by the asbestos project inspector and notify the building owner and the Department.

          (f)     The Department shall establish a re-occupancy standard setting a maximum airborne asbestos level no higher than one one-hundredth (.01) fiber per cubic centimeter of air or the ambient level outside the building, whichever is greater. After final clean-up, the asbestos project work area shall not be unsealed or re-occupied until air testing results based on aggressive air monitoring, show that airborne asbestos levels do not exceed the standard.

               (.1)     The Board shall establish by regulation, air monitoring procedures for asbestos projects that do not involve reoccupancy as occur in demolition and out of door projects.

     (4)     Project Completion.

          (a)     A building owner shall not permit an asbestos project work area, including any 86 part of the building evacuated during an asbestos project, to be occupied until the Department has certified, in writing, that the following conditions have been met:

               (.1)     The asbestos project inspector has certified that, based on a visual inspection, the area contains no visible dust or debris; and

               (.2)     The asbestos project inspector certifies that, based on the results of aggressive air monitoring, the airborne asbestos level in the area does not exceed the occupancy standard established by the Board;

               (.3)     The Department, based on a visual inspection, has determined that the area contains no visible dust or debris;

               (.4)     The Department has determined that the air monitoring required to establish that the re- occupancy standard has been met has been performed in accordance with applicable regulations and procedures;

               (.5)     The contractor or supervisor has submitted an amended permit application for any project changes and evidence of the final, total cost of the asbestos abatement portion of the project.

     (5)     Alternate Standards.

          (a)     The Board may establish by regulation alternate standards for renovation, repair, or demolition projects involving non-friable asbestos materials that may be rendered friable by project activity, and for projects involving the repair or enclosure of friable asbestos materials where the asbestos materials are not disturbed by the process of repair or enclosure.

     (6)     The Department may approve alternative equivalent methods for work area preparation proposed in the permit application if the methods required by this Section are not technically feasible or would cause unsafe or unhealthy conditions. A request to the Department for approval of alternative equivalent methods shall include the reasons for not using the methods required by this Section and a description of the proposed alternative methods. The fee for an application for an alternate method request pursuant to this subsection shall be $25.00. 87

§ 6-607.  Standards for Minor, Small and Incidental Asbestos Projects. 88

     A.     The Board shall establish by regulation standards for minor and small asbestos projects in order to protect the health and safety of occupants of private residences and buildings and the general public by preventing the dispersal of asbestos fibers through the building, private residences, or into the environment. Such minor and small asbestos project standards shall include, but shall not be limited to, the following requirements:

          (1)     Work Area Preparation.

               (a)     Appropriate caution signs shall be posted at all entrances to the asbestos project work area and the waste storage area at all times during the asbestos project until the re-occupancy standard has been met.

               (b)     All furniture, equipment, fixtures, and other movable objects shall be HEPA-vacuumed and, where feasible, wet-cleaned and removed from the work area.

               (c)     All other objects that cannot be removed shall be HEPA-vacuumed and, where feasible, wet- cleaned and covered with plastic sheeting taped in place.

               (d)     Except for small asbestos projects, the work area shall be isolated for the duration of the asbestos project by completely enclosing the work area and sealing off all doors, windows, ducts, and other openings with plastic sheeting taped in place.

               (e)     Except for small asbestos projects, all floors, walls, and other surfaces, shall be covered with plastic sheeting, as specified by the major project standards, taped in place.

               (f)     A sealable barrier of plastic sheeting shall be constructed at the entrance to the work area.

               (g)     All ventilation systems into and out of the work area shall be shut down.

               (h)     Occupants shall be removed from any floor where an asbestos project is in progress unless the work area is completely enclosed and sealed off from other areas.

          (2)     Asbestos Project Procedures.

               (a)     General Procedures.

                    (.1)     No person shall enter the work area without proper equipment, clothing, and training.

                    (.2)     The contractor or supervisor shall provide all authorized persons who enter the work area with the same protective clothing and equipment required for major asbestos projects and shall ensure that it is properly used.

                    (.3)     The contractor or supervisor shall ensure that all workers remove asbestos debris from clothing and equipment before leaving the work area.

                    (.4)     The contractor or supervisor shall ensure that appropriate air monitoring to determine worker exposure shall be conducted for asbestos workers not covered by the OSHA Asbestos Standard.

               (b)     Other Procedures.

                    (.1)     The contractor or supervisor shall ensure that all removal, enclosure, encapsulation, waste disposal, work area clean-up, and re-insulation procedures required for major asbestos projects are followed.

               (c)     Air Monitoring.

                    (.1)     Air monitoring shall be conducted both inside and outside the work area in accordance with the methods and procedures established by the Board.

                    (.2)     Air sampling and analysis shall be conducted according to the latest NIOSH or EPA method for phase contrast or electron microscopy, if a standard NIOSH or EPA protocol has been established.

                    (.3)     Air samples shall be analyzed by an independent certified laboratory by appropriate analytic methods.

                    (.4)     The asbestos contractor or supervisor shall immediately halt asbestos work and implement appropriate remedial measures if air testing results show any increase in airborne asbestos levels outside the work area which exceeds the standard set for major asbestos projects.

                    (.5)     The Board shall establish a re-occupancy standard setting a maximum airborne asbestos level no higher than one one-hundredth (.01) fibers per cubic centimeter of air or the ambient level outside the building, whichever is greater.

                    (.6)     After final clean-up, the asbestos project work area, including any part of the building evacuated during an asbestos project, shall not be unsealed or re-occupied until air testing results show that airborne asbestos levels do not exceed the re-occupancy standard.

               (d)     The asbestos project work area, including any part of the building evacuated during an asbestos project, shall not be unsealed or re-occupied until the contractor or supervisor certifies that:

                    (.1)     based on a visual inspection, the area contains no visible dust or debris; and

                    (.2)     based on the results of aggressive air monitoring, the airborne asbestos level in the area does not exceed the re-occupancy standard.

               (e)     Alternate Standards.

                    (.1)     The Board may establish by regulation alternate standards for renovation, repair, and demolition projects involving non-friable asbestos materials that may be rendered friable by project activity, and for projects involving the repair or enclosure of friable asbestos materials where the asbestos materials are not disturbed by the process of repair or enclosure.

     B.     The Board shall establish by regulation standards for incidental asbestos projects in order to protect the health and safety of occupants of buildings and private residences and the general public by preventing the dispersal of asbestos fibers through the building, private residence or into the environment.

     C.     The Department may approve alternative equivalent methods for work area preparation proposed in the permit application if the methods required by this Section are not technically feasible or would cause unsafe or unhealthy conditions. A request to the Department for approval of alternative equivalent methods shall include the reasons for not using the methods required by this Section and a description of the proposed alternative methods. The fee for an application for an alternate method request pursuant to this subsection shall be $25.00. 89

§ 6-608.  Administration.

     (1)     Except as otherwise provided by this Chapter, the Department is hereby vested with the authority to administer and enforce the provisions of this Chapter and regulations promulgated thereunder. In order to help implement, monitor and enforce the provisions of this Chapter, there shall be created within the Department an Asbestos Control Section within the Air Management Services Division.

     (2)     Asbestos Control Advisory Committee.

          (a)     An Asbestos Control Advisory Committee is hereby created to advise the Commissioner with respect to the rules and regulations of the Department and any other procedures, standards, criteria, guidelines, or related matters assigned to it by the Commissioner.

          (b)     The Asbestos Control Advisory Committee shall be composed of nine (9) members and shall be appointed by the Commissioner as follows:

               (.1)     two (2) members shall represent construction contractors and shall have a minimum of two (2) years' experience in asbestos abatement;

               (.2)     two (2) members shall represent construction unions whose members are engaged in asbestos abatement, including one (1) member of the International Association of Heat and Frost Insulators and Asbestos Workers and one (1) member of the Laborers International Union;

               (.3)     two (2) members shall represent the public interest and shall be members of environmental organizations with expertise on asbestos issues;

               (.4)     one (1) member shall represent building owners;

               (.5)     one (1) member shall be an environmental consultant and shall have a minimum of three (3) years' experience in consulting on asbestos abatement;

               (.6)     one (1) member shall be a member of the Board of Health.

          (c)     The Asbestos Control Advisory Committee, in conjunction with the Department, shall propose and forward to the Board rules and regulations and any other operating procedures, standards, criteria, and guidelines which are necessary for the administration, implementation, and enforcement of the provisions of this Chapter within nine (9) months of the effective date of this Ordinance.

          (d)     The Board shall adopt such rules and regulations as it deems necessary to administer, implement, and enforce the provisions of this Chapter within sixty (60) days of receipt of the draft rules and regulations from the Asbestos Control Advisory Committee.

          (e)     Sufficient administrative staff and support services shall be made available to the Department to administer, implement, and enforce the provisions of this Chapter and regulations promulgated thereunder.

§ 6-609.  Inspections.

     A.     Buildings shall be inspected, in accordance with the provisions of Section 113.6 of The Philadelphia Building Code as adopted by Chapter 4-10.0 of The Philadelphia Code, 90 prior to issuance of building permits by independent certified asbestos investigators. The investigator shall identify the presence and evaluate the condition of any asbestos material affected by the proposed work. 91

          (1)     The Board shall establish, by regulation, the criteria for conducting an asbestos inspection, including inspection techniques, sampling, analysis procedures, and requirements for an asbestos inspection report.

     B.     Asbestos projects shall be inspected to ensure that asbestos work is properly performed so as to protect building occupants and the general public from asbestos exposure.

          (1)     Without any prior notice the Department is authorized to conduct such inspections and take such air samples as are necessary to determine compliance with the requirements, procedures and standards established under this Chapter. In addition, for all major asbestos projects, the Department shall conduct the following inspections:

               (a)     Pre-Inspection. After initial work area preparation has been completed, but before asbestos abatement, renovation, or demolition has commenced, the Department shall inspect to ensure that the work area is properly contained and that all necessary equipment and procedures are in place to protect building occupants and the general public from exposure to asbestos. The contractor or supervisor shall not commence asbestos work until approval has been obtained from the Department.

               (b)     Final Inspection. After final work area clean-up has been completed, but before the plastic containment barriers have been removed, the Department shall inspect to ensure that the work area contains no visible dust or debris. The contractor or supervisor shall not remove the plastic containment barriers until approval has been obtained from the Department in order to protect building occupants and the general public from exposure to asbestos.

               (c)     The asbestos contractor or supervisor shall notify the Department at least seventy-two (72) hours prior to the time when pre-inspections and final inspections are requested. Department personnel shall be available to conduct required inspections at times other than normal work hours when necessary in order to expedite asbestos project completion. The Department shall conduct required inspections at the time requested, but in no event later than twenty-four (24) hours after the time requested.

          (2)     Any person who becomes aware of a hazardous condition arising out of an asbestos project may petition the Department for an immediate inspection.

          (3)     Independent Asbestos Project Inspectors.

               (a)     For all major asbestos projects, an independent certified asbestos project inspector shall be employed or retained by the building owner to monitor the asbestos project, to perform all required initial, project, and clearance air sampling, and to conduct visual inspections during the course of the asbestos project in order to protect building occupants and the general public from exposure to asbestos.

                    (.1)     The asbestos project inspector shall have the authority to direct the asbestos contractor or asbestos project supervisor to correct any violations of the standards and procedures established under this Chapter and regulations promulgated thereunder. If the asbestos contractor or supervisor fails to correct any violation as directed by the asbestos project inspector, the inspector shall notify the Department immediately.

                    (.2)     The asbestos project inspector shall keep written records on the asbestos project, including records of visual inspections, air monitoring, and violations, and immediately report any serious or repeated violations of the provisions of this Chapter or regulations promulgated thereunder to the Department. The asbestos project inspector may recommend to the Department suspension of asbestos project activity, removal of asbestos workers from the work area, or evacuation of the building in order to protect building occupants and the general public from exposure to asbestos.

§ 6-610.  Enforcement.

     (1)     Prohibited Conduct. No person shall cause, suffer, permit, or allow any asbestos project to be performed in violation of any provision of this Chapter or regulations promulgated thereunder. In addition, no person shall cause, suffer, permit, or allow the performance of any acts or operations in violation of any orders issued by the Department pursuant to this Chapter and regulations promulgated thereunder.

     (2)     Violations. The Department shall have the power to issue an order requiring compliance with this Chapter or regulations promulgated thereunder. An order shall be served personally or by certified mail at the last known address upon the person(s) violating the provisions of this Chapter or regulations promulgated thereunder. In cases of a violation of asbestos project standards, a copy of the order shall also be served personally or by certified mail at the last known address upon the registered building owner and posted on the premises.

     (3)     Hazardous Conditions. Where the Department determines that a hazardous condition exists due to the failure to comply with the provisions of this Chapter and regulations promulgated thereunder, the Department, in addition to invoking any other sanctions available to it, may:

          (a)     issue an order to immediately correct the hazardous condition and to cease any other asbestos project activity until the condition is corrected;

          (b)     remove any asbestos workers, except those needed to abate the hazard, from the project work area until the condition is corrected in order to prevent further project activity;

          (c)     evacuate appropriate portions of the building until the condition is corrected; and

          (d)     certify the existence of a nuisance per se to the Department of Licenses and Inspections, which shall abate and remove the violation or contract for its abatement and removal; charge the cost of the abatement and removal to the person responsible therefor; and collect the cost by lien or other means as may be authorized by law;

          (e)     apply to any appropriate Court for relief by injunction or restraining order against any person responsible for the hazardous condition.

     (4)     Penalties. 92 In addition to any other sanction or remedial order provided herein, any person who either fails to comply with the requirements of this Chapter and regulations adopted hereunder, or fails to obey an order issued by the Department, may be subject to any of the following penalties:

          (a)     suspension and/or revocation of any permits issued pursuant to the provisions of this Chapter;

          (b)     imposition of a fine not less than one hundred fifty ($150.00) dollars nor more than three hundred ($300.00) dollars;

          (c)     suspension or revocation of any licenses issued pursuant to the provisions of this Chapter;

          (d)     issuance of an order to cease any asbestos project activity immediately; or

          (e)     initiation of legal action or proceedings in a court of competent jurisdiction.

     (5)     Continued Violations. 93 Each day a violation continues to exist shall constitute a separate violation for which a separate penalty shall be imposed.

     (6)     Repeat Offenders. Any person who, on more than one occasion, either fails to comply with a provision of this Chapter or regulations adopted hereunder, or fails to obey an order issued by the Department, shall be guilty of a separate offense of Repeat Violation, and for each such Repeat Violation, shall be subject to a fine of not more than three hundred (300) dollars, or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a Repeat Violation regardless whether the second or subsequent violation occurs before or after a judicial finding of a first or previous violation. Each violation, after the first, shall constitute a separate Repeat Violation offense.

§ 6-611.  Appeals and Hearings.

     (1)     Any person aggrieved by an order, decision or other sanction imposed by the Department may file an appeal with the Commissioner or any representative specifically designated by the Commissioner within five (5) days after receipt of notice of the order, decision, or sanction. The appeal shall be filed and a prompt hearing shall be held in accordance with the procedures prescribed pursuant to Section 6-502(5) of the Health Code. Any person who is aggrieved by the decision of the Commissioner or designated representative may file an appeal with the Board of License and Inspection Review in accordance with the procedures prescribed pursuant to Section 6-504 of the Health Code.

     (2)     While an appeal is pending, compliance with a decision, order or sanction shall not be required, unless the Department has determined and certified in writing that the violation was intentional or that there exists a hazardous condition which requires immediate compliance with the Department's order so as to eliminate a public health hazard.

§ 6-612.  Public Education.

     (1)     The Department shall conduct a program of public education on asbestos hazards in buildings. This program shall include, but not be limited to, the distribution of educational materials to the general public and occupants of buildings with asbestos hazards.

     (2)     Educational programs and materials developed or authorized by the Department shall include, but not be limited to, the uses of asbestos materials in buildings, the health effects of asbestos exposure, the recognition of asbestos hazards, proper asbestos control methods, recommended air monitoring procedures and the requirements of this Chapter.

     (3)     The Department shall distribute to all property owners a brochure on asbestos in buildings which shall include the information set forth in Section 6-612(2).

     (4)     The Department shall also make available lists of all licensed contractors, certified asbestos project inspectors, certified laboratories, and certified training programs.

     (5)     The Department shall also make available technical information regarding proper asbestos control methods, asbestos project standards, and other requirements of this Chapter to building owners and asbestos contractors, supervisors and workers.

§ 6-613.  Right to Refuse Hazardous Work.

     (1)     After notifying his/her employer and the Department, any employee who is not an asbestos worker may refuse to work without loss of pay in an area where he/she reasonably believes a hazardous asbestos condition has been created by any activity which violates the asbestos project standards until such time as the Department determines that no such violation was committed or that any such violation has been corrected; provided however, that an employee may not refuse to work without loss of pay if the employer provides a reasonable alternative work area.

     (2)     The Department of Public Health shall conduct an inspection within twenty-four (24) hours after notice of a request for inspection pursuant to this Section.

§ 6-614.  Discriminatory and Retaliatory Actions.

     (1)     It shall be unlawful for any person to discriminate or take any retaliatory action against any person who exercises in good faith a right established by this Chapter or any regulation promulgated thereunder.

     (2)     Any person claiming to be aggrieved by a discriminatory or retaliatory action may file a complaint with the Department. If the Commissioner or any representative specifically designated by the Commissioner, after investigation, determines that probable cause exists for the allegations in the complaint, the Department shall serve notice of a hearing date, together with a copy of its findings upon all interested parties. At the hearing, it shall be the respondent's burden to prove that the alleged discriminatory action was not undertaken in retaliation for the exercise of any right under this Chapter.

     (3)     The Commissioner or designated representative, upon finding a violation of this Chapter, shall enter such necessary orders to make whole the person against whom the discriminatory or retaliatory action was taken, and impose a fine in the amount of three hundred ($300.00) dollars. In addition, the Department may impose such other penalties and sanctions set forth in Section 6-610(3) as it deems necessary and appropriate.

     (4)     Any person aggrieved by the findings of the Department pursuant to this Section may file an appeal in accordance with the procedures set forth in Section 6-611 of this Chapter.

§ 6-615.  Records.

     (1)     In accordance with State and local law, the Departments of Public Health and Licenses and Inspections shall provide for public access, during normal business hours, to all documents,

records, and reports required by this Chapter or the regulations developed thereunder and shall, upon request, provide copies of these materials for a fee not to exceed the cost of reproduction.

§ 6-616.  Severability.

     If any provision or application of this Chapter is held invalid, the remainder of the Chapter and all other applications shall not be affected thereby.

§ 6-617.  Miscellaneous Provisions.

     (1)     If any provision of this Chapter conflicts with any federal or state law pertaining to an asbestos project, said provision shall not apply to the extent that said provision is preempted by the federal or state law.

     (2)     Nothing in this Chapter shall obligate the disclosure of information or documents by City officers and employees which may be regarded as confidential or privileged under federal or state law.

 

Notes

69      Added, 1986 Ordinances, p. 663. 70      Amended and additional definitions added, 1988 Ordinances, p. 882. 71      Enrolled bill read "or". 72      Amended, 1988 Ordinances, p. 882.

73     Amended, Bill No. 970238 (approved June 25, 1997); amended Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080858 (approved December 8, 2008).

74      Amended, 1988 Ordinances, p. 882. 75      Amended by deleting former provisions, Bill No. 970238 (approved June 25, 1997). 76      Amended, Bill No. 040421 (approved June 3, 2004).

77     Amended, 1988 Ordinances, p. 882; amended by deleting former subsection (10) and renumbering this subsection, Bill No. 970238 (approved June 25, 1997); amended, Bill No. 080858 (approved December 8, 2008).

78      Amended and subsections added, 1988 Ordinances, p. 882. 79      Amended, Bill No. 970238 (approved June 25, 1997).

80     Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080858 (approved December 8, 2008).

81     Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080858 (approved December 8, 2008).

82      Referenced material now appears in Title 4, Subcode A, § A-302.10.5.

83     Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080858 (approved December 8, 2008).

84      Amended and subsections added, 1988 Ordinances, p. 882.

85      Amended, 1988 Ordinances, p. 882. 86      Enrolled Bill No. 760-A read "...including or any...." 87      Added, Bill No. 080858 (approved December 8, 2008). 88      Amended, 1988 Ordinances, p. 882. 89      Added, Bill No. 080858 (approved December 8, 2008). 90      Referenced material now appears in Title 4, Subcode A, § A-302.10.5. 91      Added, 1988 Ordinances, p. 882. 92      Amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081.

93     Enrolled Bill No. 760-A numbered this as subsection (4) (1986 Ordinances, p. 694); renumbered by Code editor.

CHAPTER 6-700.  MAINTENANCE AND OPERATION OF DISTRICT HEALTH CENTERS. 94

§ 6-701.  The Council makes the following findings:

     1.     Since 1929 a variety of studies, starting with the Philadelphia Hospital and Health Survey, have called for the creation and maintenance of a network of neighborhood-based health centers to serve the citizens of Philadelphia.

     2.     Responding to and acknowledging the need for such District Health Centers, the Philadelphia Home Rule Charter, § 5-300, establishes the clear and ongoing responsibility of the City to "establish, maintain and operate District Health Centers, stations and clinics, laboratories and other health facilities."

     3.     In the 1960's the City met this commitment by constructing District Health Centers in virtually every City Council District.

     4.     These District Health Centers provide traditional public health services and comprehensive primary health care to all Philadelphians who seek these services. The District Health Centers guarantee to residents of Philadelphia that health care is a right and not a privilege reserved to those who can afford to pay. They have brought quality health care to all our neighborhoods and are the backbone of public health protection in Philadelphia.

     5.     As of Fiscal Year 1990, one hundred thirteen thousand (113,000) individuals, seven percent (7%) of the population of Philadelphia, used services provided at the District Health Centers. These persons made over three hundred twenty-three thousand (323,000) patient visits to the District Health Centers.

     6.     The District Health Centers welcome medically underserved persons into early, continuous and preventive health care, and provide such care in reference solely to medical criteria without reference to financial criteria. Persons using the District Health Centers are a vulnerable population. In Fiscal Year 1990, eighty-eight thousand three hundred (88,300) of the people who used the district health centers either had incomes at or below the poverty level. In that same year more than seventy-two thousand six hundred (72,600) of District Health Center patients had no health care insurance and an additional twenty-six thousand three hundred (26,300) rely on Medicare and/or Medicaid. The persons using the District Health Centers are poorer than most Philadelphians and have far less access to health services. They are six (6) times more likely to be uninsured than the rest of the Philadelphia population.

     7.     The Family Medical Care Program in the District Health Centers not only saves lives, it saves Philadelphia considerable dollars. While the cost of providing primary pediatric and

internal medicine services to sick and frail populations is high, the cost of not providing such services is much higher. Persons admitted into area hospitals through emergency rooms who have not received the type of services that are provided to patients in the Family Medical Care Program cost much more to the taxpayers and result in increasing uncompensated care costs to hospitals. Persons who do not have access to basic, comprehensive, primary medical care often require long hospital stays, followed by supervised convalescence.

     8.     People with Acquired Immune Deficiency Syndrome (AIDS) or who are known to be infected with the Human Immunodeficiency Virus frequently have difficulty in obtaining medical and dental treatment and, therefore often turn to the District Health Centers for treatment.

     9.     District Health Centers provide prenatal and family planning services throughout the city. These services are in short supply in many poor neighborhoods and are critical to Philadelphia's on going efforts to reduce its high infant mortality rate. Philadelphia would have an even higher rate of infant deaths without these services.

     10.     District Health Centers provide preventive, primary dental health services to many persons who would not otherwise have them available for economic and non-economic reasons: children, pregnant women, persons with AIDS or Human Immunodeficiency Virus, or other non-economic reasons and other adults.

     11.     District Health Centers have arrangements with other City services, programs and agencies to welcome persons with multiple health needs and other persons who historically have only limited access to doctors' offices and hospital outpatient programs: chronically mentally ill persons, persons with mental retardation, homeless persons, drug and alcohol using persons, persons with AIDS and persons with communicable diseases including sexually transmitted diseases and tuberculosis.

     12.     The services provided by the District Health Centers are not only irreplaceable, they are life saving. The District Health Centers provide preventive and primary health care which reduces the number of costly and inappropriate visits to already overburdened hospital emergency rooms, again preventing an increase in the uncompensated care costs for hospitals.

     13.     In view of the fact that the care rendered in the District Health Centers saves lives, saves money and promotes prolonged productive lives, the Council reasserts the City's basic commitment to provide comprehensive District Health Center services to all of its citizens who wish to use the services. The Council stands behind that commitment, and, in order to assure its restoration to full strength, enacts the following provisions specifying the District Health Center services that are to be available, mandating a flow of information permitting adequate Council and citizen monitoring of those services, and providing citizen input and redress that will enable citizens themselves to assure full implementation of all such mandated services.

     14.     The Council possesses "complete powers of legislation ... in relation to (the City's) municipal functions...." Home Rule Charter, § 1-100. Such legislative power necessarily includes the power to enact policies for the City that ensure the health, safety and welfare of its citizens,

and that ensure that the mandates of the Home Rule Charter are carried out. In exercising its power, the Council is entitled "by ordinance ... (to) add new powers and new duties, not inconsistent with the scheme of this Charter to the powers and duties of the offices, departments, boards and commissions (of the City)...." (Home Rule Charter, Section 2-305.) In order to ensure that it has sufficient fiscal information with which to make its legislative decisions, the Charter further states that the "Mayor shall communicate to ... Council with such information on financial matters as the Council may from time to time request." (Home Rule Charter, Section 4-101(a)).

§ 6-702.  Definitions.

     In this Chapter, the following definitions shall apply:

     (1)     Advisory Committee. The Citizen Health Advisory Committee appointed pursuant to Section 6-709 of this Chapter.

     (2)     Emergency Condition. A medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in placing the patient's health in serious jeopardy.

     (3)     Urgent condition. A medical condition which, if untreated within two (2) to twenty-four (24) hours, could reasonably be expected to result in one (1) or more of the conditions listed in subsection 6-702(2).

     (4)     District Health Centers. The District Health Centers currently directly operated by the Department of Public Health, and required to be directly operated and maintained in the future as set forth in this Chapter, which provide a range of health care programs, including but not limited to Family Medical Care; Women's Health Program including Prenatal, Obstetrics, Gynecological Care, and Family Planning; Dental Services; and diagnosis and treatment of Sexually Transmitted Diseases, Tuberculosis and other infectious diseases.

     (5)     Health Committee. The Committee on Public Health, Human Services and Recreation of the Council, or such successor Committee of Council with duties pertaining to public health as may be designated by the President of Council.

     (6)     Poverty Level. The level of income identified as the "Poverty Income Guideline" developed and updated annually by the United States Department of Health and Human Services.

     (7)     Service Mandate. The level of services required to be provided to ensure availability and accessibility of health services by and/or through the District Health Centers under this Chapter.

     (8)     Ambulatory Specialty Services. Ambulatory medical services provided to a patient by a medical specialist upon referral of such patient by District Health Center professional personnel.

     (9)     Ambulatory Specialty Services Administration. The administrative component of the District Health Centers which is responsible for the operation of the District Health Centers.

     (10)     Formulary. The list of medications, medical products and supplies approved by the Medical Director and the Administration of the District Health Centers.

     (11)     Special Request Medications. Those medications which are non-formulary and requested by physicians on a case-by-case basis.

§ 6-703.  Operation and Function of District Health Centers.

     (1)     The Health Department shall continue at a minimum to maintain and directly operate a system of at least nine (9) District Health Centers at which each of the following services shall be offered, except one may provide only Sexually Transmitted Disease services, in a manner that makes available to all citizens of the City the following services:

          (a)     a Family Medical Care Program providing the following pediatric and internal medicine ambulatory services to all individual and family enrollees:

               (.1)     completion of a medical history and provision of an initial complete physical examination;

               (.2)     continuity of care for each individual by the assignment of a single physician to provide, or supervise the provision of, all medical services in the Family Medical Care Program;

               (.3)     laboratory tests, EKG, and radiologic services, as needed;

               (.4)     immunizations for children and adults with appropriate consent, on a walk-in basis as needed;

               (.5)     medical services for the diagnosis and treatment of disease, and other preventive, counseling, and therapeutic or other services needed to maintain and promote good health, provided that:

                    (a)     treatment at a District Health Center or referral to an appropriate cooperating hospital for emergency conditions shall be available on an immediate basis, and for urgent conditions shall be available no later than twenty-four (24) hours from the time of request;

                    (b)     all other appointments shall be available on average no later than fourteen (14) days after the date of the request;

               (.6)     referral for needed in-patient services to an appropriate hospital facility;

               (.7)     same-day provision of required formulary medication on-site by a State-licensed pharmacist, through a pharmacy at each District Health Center participating in the Family Medical Care Program open for the receipt and dispensing of patient prescriptions during daytime hours of District Health Center operation with suitable arrangements for emergencies and other urgent cases occurring other times of District Health Center service, and provision of special order medication on-site by a State-licensed pharmacist as soon as possible, with approval by the Clinical Director and Pharmacy Director to be given in an event within seventy-two (72) hours of its being ordered;

               (.8)     mental health, mental retardation, drug and alcohol and social services on-site by referral;

               (.9)     nutritional counselling for patients determined to be suffering from or determined to be at high risk for illnesses for which nutrition has impact;

               (.10)     referral to the Special Supplemental Food Program for Women, Infants and Children (WIC);

               (.11)     ambulatory specialty services through arrangements with a hospital facility reasonably accessible to the referred enrollee;

               (.12)     referral for visiting nursing care services for patients as needed;

               (.13)     professional social work services on-site including referrals to other outside agency services;

               (.14)     trained personnel and supplies for on-site administration of basic emergency medical stabilization.

          (b)     Women's Health Program, including prenatal, obstetrics, gynecological and family planning and providing the following services in any District Health Center which is not limited to the diagnosis and treatment of Sexually Transmitted Disease.

               (.1)     Completion of a medical history and provision of an initial comprehensive physical examination and, for those receiving prenatal obstetrical care, a risk assessment including identification of high risk factors (by obstetrical or medical history) that may require special management;

               (.2)     Papanicolaou smears and follow-up;

               (.3)     Laboratory tests as needed;

               (.4)     Pregnancy testing;

               (.5)     Reproductive health including family planning counseling;

               (.6)     Contraceptive medicine and supplies;

               (.7)     Routine gynecological care;

               (.8)     Referral to needed in-patient services at an appropriate hospital facility on a timely basis;

               (.9)     Same-day provision of required formulary medication on-site by a State licensed pharmacist, through a pharmacy at each District Health Center which is open during daytime hours with suitable arrangements for emergencies and other urgent cases occurring at other times of District Health Center activity;

               (.10)     Complete prenatal medical care, including history and examination, laboratory tests, procedures and medication in as many visits as needed to provide comprehensive prenatal care;

               (.11)     Appointments shall be available an average of no later than fourteen (14) days after the date of request;

               (.12)     Professional social work services on-site including at least two (2) assessments during pregnancy (including one (1) during last trimester) and on-going assistance for patients requiring follow-up;

               (.13)     For prenatal patients, assistance in applying for Medicaid and determination of presumptive eligibility for Medicaid;

               (.14)     Professional nutrition services on-site including at least two (2) counseling sessions during pregnancy, and on-going assistance for patients requiring follow-up;

               (.15)     Complete postpartum medical care for postpartum patients;

               (.16)     Referral for supplemental food through the Women Infant and Children (WIC) program for pregnant women, new mothers and breastfeeding women.

          (c)     a Dental Program providing preventive, primary dental services for all children under eighteen (18) years of age, pregnant women, and patients who, due to their infection with Human Immunodeficiency virus or for other non-economic reason, cannot purchase or obtain dental care from any other reasonably accessible source; and providing such services for all other adults on an as available basis.

          (d)     a Sexually Transmitted Disease program providing comprehensive diagnosis, counseling and treatment services on a same day walk-in basis for all residents requesting such services.

     (2)     The Health Department shall operate a comprehensive system for billing and collecting from third-party payers for the costs of any services provided at the District Health Centers for which such payers may be held responsible, as set forth more fully in Section 6-706(1) below.

     (3)     The Health Department shall directly operate each of the District Health Centers with sufficient and appropriate clinical and administrative staff so that all clinical and administrative services identified in this Section can be fully provided and the service mandate is complied with.

     (4)     In each of the services described in the Section 6-703(1), there shall be a quality assurance mechanism in accordance with contemporary professional standards.

     (5)     The Pharmacy and Therapeutics Committee serving the District Health Centers shall review the pharmaceutical formulary at least annually.

§ 6-704.  Availability of District Health Center Care.

     (1)     The District Health Center shall continue to be located at such locations as to make them readily accessible by walking or public transportation to those citizens who, because of their economic or other circumstances, are most likely to utilize their services.

     (2)     Each District Health Center shall be open to the public at least eight and one-half (8.5) hours every day from Monday through Friday. When the District Heath Centers are closed, services shall be provided, or otherwise arranged, by on-call physicians utilizing contracted hospital emergency services.

     (3)     The Health Department shall maintain an adequate supply of essential products, including formulary products, and shall ensure availability of "special request" medications, so as to ensure daily access to needed medications at all District Health Centers.

     (4)     The Health Department shall maintain the District Health Center facilities, including the making of necessary repairs to ensure the continual operation of the centers with regard to the physical safety and comfort of the patients and staff, and to maintain the efficiency and quality of the services provided.

§ 6-705.  Non-Discrimination.

     All District Health Center services shall be provided without discrimination on the basis of race, religion, color, nationality, national origin, sex, sexual orientation, age, handicap, type of illness, or financial status.

§ 6-706.  Charges for Services.

     (1)     The City shall bill all third party payers for all services to the maximum extent possible, and shall collect fees directly from patients pursuant to a sliding scale for those services not

required to be provided without charge (listed below), provided, however, that no person shall be denied service for failure to pay a bill, and provided further that no collection activity shall be initiated against any patient in connection with any such bill other than the mailing of non-threatening reminder notices which are literacy appropriate, unless such patient, known to have or be eligible for third party health insurance, fails to cooperate with the billing process.

     (2)     No patient charges shall be assessed for:

          (a)     diagnosis and treatment of sexually transmitted disease and tuberculosis;

          (b)     immunizations, including the visits associated with such services;

          (c)     prenatal and post-partum care; and

          (d)     family planning for persons under eighteen (18) years of age.

§ 6-707.  Administrative Discretion of Department.

     (1)     Nothing contained in this Chapter shall be construed to require the Health Department to:

          (a)     employ any particular number of personnel, either in the aggregate or within any particular personnel classification; or

          (b)     purchase, lease or otherwise obtain any particular amount of supplies, equipment, goods or wares; or

          (c)     exercise its administrative discretion regarding the best means of achieving the service mandate in any manner other than such as the Department shall determine to be reasonable and appropriate.

     (2)     Notwithstanding the provisions of subsection 6-707(1), the discretion reserved to the Department must be exercised in a manner consistent with the full implementation of the service mandate.

§ 6-708.  Submission of Data to Council.

     (1)     In order to ensure that the Council is fully aware of the annual operating and capital appropriation levels needed to fulfill the service mandate, and pursuant to his duties under Section 4-101(a) of the Home Rule Charter, the Health Commissioner shall, during the budgetary process in which the Mayor delivers his proposed annual operating budget to the Council, deliver a statement to the Council showing the following:

          (a)     the numbers and types of positions required to staff the District Health Centers to the level needed to satisfy the service mandate, and the budgetary cost thereof;

          (b)     the quantities and types of supplies, medicines and equipment needed to satisfy the service mandate and the budgetary cost thereof;

          (c)     the nature and cost of necessary repairs and other facility maintenance;

          (d)     the number of individual patients served by, and patient visits made to, each District Health Center during the prior fiscal year and a projection of such numbers for the subsequent fiscal year, showing both individual patient and patient visits totals broken down according to:

               (.1)     race;

               (.2)     relevant age groupings;

               (.3)     gender;

               (.4)     relevant income groupings;

               (.5)     District Health Center of service;

               (.6)     any other or more specifically detailed category that the President of Council, Chairperson of the Health Committee or Council by resolution shall request;

          (e)     an itemized estimate of all appropriations that would be required from the General Fund to the Health Department and each of its budgetary classes in the next Fiscal Year in order to fulfill the service mandate. Such estimate shall be reasonable, verifiable, and based upon a documented review of prior budgets and service delivery levels, as well as a forecast of future demands for service and of anticipated revenues identified in subsection 6-708(1)(f). Such documented review and forecast shall be submitted to the Council at the same time as the itemized estimate;

          (f)     an itemized estimate of all anticipated revenues from third-party and self-payers for services to be rendered by the District Health Centers in the following Fiscal Year.

     (2)     In the event the itemized estimate and documented review required by subsection 6-708(1)(e) is not timely submitted to the Council, it shall be presumed that full funding of the Mayor's Operating Budget request for the Health Department represents full funding of the service mandate.

     (3)     In order to assist the Council in monitoring fulfillment of the service mandate, the Health Department shall report to the Health Committee, semi-annually or at such other times as the Chair of the Committee shall request, the following data:

          (a)     the nature and number of all District Health Center staff positions funded in the Health Department budget as it may have been amended from time to time;

          (b)     the number of such positions authorized by the Administration to be filled as of the date of the report for each District Health Center;

          (c)     the number of such positions actually filled as of the date of the report at each District Health Center;

          (d)     the number of persons served at each District Health Center compared to the number served at each such District Health Center during the same period in each of the prior three (3) fiscal years;

          (e)     the number and identity of formulary drugs "out of stock" or otherwise unavailable to patients at any time, and the estimated number of days each drug was so unavailable, during the previous half-year, by District Health Center;

          (f)     the nature and cost of necessary repairs and other facility maintenance;

          (g)     such other information related to fulfillment of the service mandate as the Chair of the Health Committee may request.

§ 6-709.  Citizen Health Advisory Committee.

     (1)     Within sixty (60) days of the enactment of this Chapter, the Mayor shall appoint a Citizen Health Advisory Committee to the Health Department. The Citizen Health Advisory Committee shall be comprised of thirteen (13) persons, all of whom shall be residents of Philadelphia, none of whom, with the exception of the person described in subsection (b)(.4) shall be employees of the City of Philadelphia. In selecting these persons, consideration shall be given to geographical, age, gender and racial diversity, and, to the extent reasonably possible, they shall be selected in accordance with the following provisions:

          (a)     there shall be among them nine District Health Center patients;

          (b)     of the remaining four (4), there shall be among them at least one (1) person in each of the following categories:

               (.1)     person who is a health services provider;

               (.2)     person experienced in health services management;

               (.3)     person who is a health advocate;

               (.4)     person experienced in representing unionized health care workers;

          (c)     where there is a District Health Center Community Advisory Committee, as provided in Section 6-709(5), it may provide recommendations for appointment to the Departmental Citizen Health Advisory Committee;

          (d)     Members of the Citizen Health Advisory Committee shall be selected for their expertise in community affairs, local government, finance and banking, legal affairs, trade unions, and other commercial and industrial concerns, or social services agencies within the community.

     (2)     Persons appointed to the Citizen Health Advisory Committee shall serve for terms of two (2) years, and may serve additional terms upon reappointment by the Health Commissioner, except that, to achieve a staggering of membership, six (6) of the initial appointments, four (4) of whom shall be District Health Center patients, shall be for three (3) year terms.

     (3)     It shall be the duty of the Citizen Health Advisory Committee to:

          (a)     advise the Commissioner on the programs and performance of Ambulatory Health Services;

          (b)     assist in the establishment, implementation and/or review of personnel policies and procedures related to Ambulatory Health Services;

          (c)     assist in establishment, implementation and/or review of policy for financial management practices, budgetary and programmatic issues, District Health Center priorities, criteria for payment schedules and long-range financial planning;

          (d)     evaluate District Health Center activities including service utilization patterns, efficiency, patient satisfaction, achievement of project objectives and development of a process for hearing and resolving patient grievances;

          (e)     held assure that the District Health Centers operate in compliance with applicable Federal, State and local laws and regulations; and

          (f)     assist in the establishment, implementation and/or review of health care policies including scope and availability of services, location and hours of services and quality-of-care audit procedures.

     (4)     Health Department personnel shall cooperate fully with all requests for information from the Citizen Health Advisory Committee. No City employee may be disciplined in any manner for cooperating with the activities of the Citizen Health Advisory Committee, or for providing it through the appropriate administrative channels with any information within the scope of its responsibilities, provided, however, that the Citizen Health Advisory Committee shall not request, nor shall any employee provide any confidential health care records.

     (5)     Each District Health Center shall encourage, provide meeting space for, and otherwise facilitate its own Citizen Health Advisory Committee, consisting of individuals such as: current District Health Center patients, community-based health professionals familiar with the special health needs of their neighborhoods, and members of community-based organizations, including churches and schools, and labor unions experienced with neighborhood needs.

 

Notes

94      Added, 1991 Ordinances, p. 1202.

CHAPTER 6-800.  LEAD PAINT DISCLOSURE 95

§ 6-801.  The Council makes the following findings:

     (1)     Forty-five percent (45%) of the Philadelphia children who were screened for lead poisoning in 1993 had levels of concern as defined by the Centers for Disease Control. This amounts to 22,302 children.

     (2)     The Centers for Disease Control has determined that the presence of lead in the bloodstream at levels as low as ten (10) micrograms per deciliter indicate a level of concern requiring minimally that such children be monitored and tested every three to four months.

     (3)     The Philadelphia Department of Health has estimated that sixty-five thousand (65,000) Philadelphia children under the age of six (6) years are poisoned by lead and most of those poisoned are undiagnosed and untreated.

     (4)     Environmental exposure to even low levels of lead increases a child's risk of developing permanent learning disabilities, reduced concentration and attentiveness, and behavior problems which may persist and adversely affect the child's chances for success in school and life. Exposure to higher levels of lead can cause mental retardation, seizures and death.

     (5)     The most significant remaining source of environmental lead is lead-based paint in housing built prior to 1978 and house dust and soil contaminated by lead deposits and lead-based paint. The ingestion of household dust containing deteriorating lead or abraded lead-based paint is the most common cause of lead poisoning in children.

     (6)     Since there is no effective medical treatment for the great majority of lead-poisoned children, and the damage from lead can be irreversible, prevention efforts such as information dissemination and disclosure requirements are vitally necessary and critical tools for the eradication of lead poisoning.

     (7)     The United States Congress has enacted the "Residential Lead-Based Paint Hazard Reduction Act of 1992", with the purpose of commencing the elimination of lead-based paint hazards and creating a national approach to the presence of lead-based paint, and proposes that the partnership between the Federal and local governments envisioned by the Congress will be enhanced and the dangers of lead-based paint reduced, by the enactment of regulations within

The Philadelphia Code, codifying, implementing, supplementing and enforcing the disclosure requirements of the federal law.

     (8)     The purpose of this legislation is to provide an educational tool which will assist the Department of Health in identifying, reducing and combating lead poisoning in Philadelphia children.

     (9)     The task of eliminating lead from those properties that house children will be a costly one and will require a public/private collaboration and partnership in order to preserve and to protect Philadelphia's affordable housing stock.

§ 6-802.  Definitions.

     In this Chapter, the following definitions shall apply:

     (1)     Certified Lead Inspector. A person who is certified by the Philadelphia Department of Public Health, or the Commonwealth of Pennsylvania, as qualified by training and experience to conduct comprehensive lead inspections and risk assessments.

     (2)     Comprehensive Lead Inspection. A surface-by-surface investigation to determine the presence of lead- based paint and the provision of a report explaining the results of the investigation.

     (3)     Lead-based Paint. Paint or other surface coatings that contain lead in excess of limits established by Federal Law or Regulation.

     (4)     Lead-based Paint Hazard. Any condition that causes exposure to lead from lead-contaminated dust, lead- contaminated soil, lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces or impact surfaces that would result in adverse human health effects as established by the appropriate Federal agency or the Philadelphia Department of Public Health.

     (5)     Risk Assessment. An on-site investigation to determine and report the existence, nature, severity and location of lead-based paint hazards in residential dwellings, including:

          (a)     information gathering regarding the age and history of the housing and occupancy by children under age 6;

          (b)     visual inspection;

          (c)     limited wipe sampling or other environmental sampling;

          (d)     other activity as may be appropriate; and

          (e)     provision of a report explaining the results of the investigation.

§ 6-803.  Lead Disclosure Obligation.

     (1)     Before any buyer or lessee is obligated under any contract to purchase or lease residential housing constructed prior to 1978, the seller or lessor shall disclose the absence or presence of lead-based paint or lead-based paint hazards. This disclosure shall take one of the two following forms:

          (a)     the production of the results of a comprehensive lead inspection and risk assessment by a certified lead inspector; or

          (b)     provision of a multi-lingual form provided by the Philadelphia Department of Public Health containing the following statement:

"The Philadelphia Department of Public Health has determined that most housing built in Philadelphia before 1978 contains dangerous lead paint. This property was built before 1978. Therefore, without a comprehensive lead inspection, conducted by a certified lead inspector, showing there is no lead paint or there are no lead-based paint hazards, you can assume that this property likely contains lead-based paint."

     (2)     Before any buyer or lessee is obligated under any contract to purchase or lease residential housing constructed prior to 1978, the seller or lessor is also required to provide the buyer or lessee with a lead hazard information pamphlet as prescribed or approved by the Philadelphia Department of Public Health.

     (3)     All lessors with existing leases, shall comply with the terms of subsection (1) within ninety (90) days after this Ordinance takes effect.

§ 6-804.  Right to Conduct Independent Inspection or Risk Assessment and Right to Rescind.

     (1)     Every contract for the purchase of residential housing constructed prior to 1978, shall provide, in writing, that the buyer has a ten (10) day period (unless the parties agree to a different period of time), during which time the buyer may, at the buyer's expense, obtain a comprehensive lead inspection or risk assessment from a certified lead inspector. Should the inspection reveal lead-based paint or lead-based paint hazards on the premises, the buyer may terminate the contract of purchase within five (5) days of the receipt of the inspection report by the buyer, with all deposit moneys paid on account to be refunded to the buyer (unless the parties agree in writing to a different disposition of such deposit moneys). Failure of the buyer to obtain such inspection within the permitted ten (10) days and/or failure to terminate the contract upon a finding of lead-based paint or lead-based paint hazard within the five (5) day period will constitute a waiver of the right to conduct an independent inspection and the contract will remain in full force and effect.

     (2)     Every lease, whether oral or written, of residential housing constructed prior to 1978, shall provide in writing, that the lessee has a ten (10) day period (unless the parties agree in

writing to a different period of time), during which time the lessee may, at the lessee's expense, obtain a comprehensive lead inspection and risk assessment from a certified lead inspector. Should the inspection reveal lead-based paint or lead-based paint hazards on the premises, the lessee may terminate the lease within two business days of the receipt of the inspection report, with all moneys paid on account to be refunded to the lessee. Failure of the lessee to obtain such inspection within the permitted ten days and/or failure to terminate the lease upon a finding of lead-based paint or lead-based paint hazards within the two-day period will constitute a waiver of the right to conduct an independent inspection and the lease will remain in full force and effect.

     (3)     Upon renewal of an existing lease and after compliance by a lessor with the disclosure requirements of Section 6-803(2), any lessee shall have the right to proceed with an inspection or risk assessment as provided by Section 6-804(2) except that such renewing lessee shall not be required to terminate the lease within two (2) days of performance of a comprehensive lead inspection or a risk assessment, but shall be afforded a ten (10) day period to notify lessor in writing of lessee's intention to terminate the lease, with actual termination and vacation of the premises to occur at a time not to exceed ninety (90) days after receipt of the comprehensive lead inspection or risk assessment, during which period all lease obligations shall remain in full force and effect.

§ 6-805.  Lead Warning Statement.

     (1)     Every contract for sale of residential housing constructed prior to 1978 shall contain the following lead warning statement in large type:

"Every purchaser of any interest in residential property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavior problems and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to disclose to the buyer the presence or absence of any lead-based paint and/or lead-based paint hazards. A comprehensive lead inspection or a risk assessment for possible lead-based paint and/or lead-based paint hazards is recommended prior to purchase or lease."

     (2)     Every rental agreement for residential housing constructed prior to 1978 shall contain the following lead warning statement in large type:

"Every lessee of any interest in residential property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavior problems and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The lessor of any interest in residential real property is required to disclose to the lessee the presence or absence of any lead-based paint and/or lead-based paint hazards. A comprehensive lead inspection or risk assessment for possible lead-based paint and/or lead-based paint hazards is recommended prior to lease."

§ 6-806.  Acknowledgment by Buyer or Lessee.

     (1)     The buyer of any residential housing constructed prior to 1978, shall confirm in writing on a certification of disclosure form provided by the Philadelphia Department of Public Health, that he or she:

          (a)     has received a written disclosure of lead-based paint and/or lead-based paint hazards;

          (b)     has received and read the lead warning statement;

          (c)     has received the lead hazard information pamphlet;

          (d)     was provided with a ten (10) day opportunity (unless the parties mutually agree upon a different period of time, by a separate writing) before becoming obligated under the contract to purchase during which the buyer was permitted access to the housing to obtain an inspection for the presence of lead-based paint and/or lead- based paint hazards.

     (2)     The lessee of any residential housing constructed prior to 1978, shall confirm in writing on a certification of disclosure form provided by the Philadelphia Department of Public Health, that he or she:

          (a)     has received a written disclosure of lead-based paint and/or lead-based paint hazards;

          (b)     has received and read the lead warning statement;

          (c)     has received the lead hazard information pamphlet;

          (d)     was provided with a ten (10) day opportunity (unless the parties mutually agree upon a different period of time, by a separate writing) before becoming obligated under the contract to lease during which the buyer was permitted access to the housing to obtain an inspection for the presence of lead-based paint and/or lead-based paint hazards.

§ 6-807.  Certified Lead Inspectors.

     (1)     Persons retained to perform comprehensive residential lead inspections pursuant to Sections 6-803 and 6-804, shall be certified by the Philadelphia Department of Public Health until such time as the Commonwealth of Pennsylvania institutes state-wide certification.

     (2)     The Philadelphia Department of Public Health shall establish by regulation criteria for the certification of residential lead inspectors no later than ninety (90) days after the enactment of this Ordinance.

§ 6-808.  Residential Lead Inspections.

     (1)     Residential lead inspections and risk assessments performed pursuant to Sections 6-803(1)(a) and 6-804, shall be conducted in accordance with regulations promulgated by the Philadelphia Department of Public Health until such time as the Commonwealth of Pennsylvania institutes state-wide regulations.

     (2)     The Philadelphia Department of Public Health shall promulgate regulations for conducting residential lead inspections and risk assessments no later than ninety (90) days after the enactment of this Ordinance.

§ 6-809.  Remedies.

     (1)     Where the seller does not comply with the provisions of Sections 6-803 and 6-804 the buyer shall be entitled to damages in the amount of double the reasonable cost of a comprehensive residential lead inspection plus attorney's fees and costs. An aggrieved party may also obtain injunctive relief plus attorney's fees and costs to enforce the terms of this Section in any court having jurisdiction.

     (2)     Where the lessor does not comply with the provisions of Sections 6-803 and 6-804 the lessee shall be entitled to damages in the amount of double the reasonable cost of a comprehensive residential lead inspection plus attorney's fees and costs. An aggrieved party may also obtain injunctive relief plus attorney's fees and costs to enforce the terms of this Section in any court having jurisdiction.

          (a)     Any lessee who has not received disclosure shall first notify the lessor of the non-compliance in writing. The lessor shall have ten (10) days to remedy the non-compliance after which his/her failure to comply shall entitle the lessee to bring a court action for all appropriate relief.

     (3)     The provisions of this Ordinance shall be liberally construed to effectuate its purpose of disclosure.

§ 6-810.  Remedies Not Excluded.

     (1)     Nothing in the above provisions shall relieve the seller or lessor of the duties to abate any lead-based paint hazards in the housing required by law or regulation, or any other duties otherwise established by law to protect against lead-based paint hazards. The seller or lessor is also not relieved of any liability for damages or other relief under any applicable law or legal theory arising from the disclosure of lead-based paint in the housing.

     (2)     Nothing in the above provision shall relieve the seller or lessor of the obligation under the Pennsylvania Human Relations Act, 43 P.S. § 955, not to discriminate in the sale or rental of housing to families with children.

     (3)     The inclusion of a provision in a document related to the sale or rental of housing which would preclude the sale or rental to a family with children because the housing contains lead-

based paint or lead-based paint hazards is prohibited. Any seller or lessor who attempts to preclude the sale or rental of housing to a family with children because of the existence of lead-based paint or lead-based paint hazards shall, in addition to any other legal actions, be subject to the penalties provided in Section 6-811 below.

§ 6-811.  Penalties.

     Any person who fails to comply with the provisions of this Chapter shall be subject to a fine or penalty of no more than three hundred (300) dollars, and/or by imprisonment not exceeding ninety (90) days for each offense. Each day of non-compliance shall constitute a separate offense.

§ 6-812.  Non-Waiverability.

     Any attempted waiver of this Ordinance by the lessee or buyer, other than the provisions of Section 6-804 concerning the right to obtain an independent inspection, shall be void and unenforceable. Similarly, the passage of time during the term of a lease or so long as the lessee lawfully occupies the property, shall not constitute a waiver of this Chapter.

§ 6-813.  Severability.

     Should any clause, sentence, paragraph or part of this Chapter, or the application thereof to any person or circumstance, be for any reason adjudged by a court of competent jurisdiction to be invalid, such judgment shall not effect, impair or invalidate the remainder of this Chapter or the application of such clause, sentence, paragraph or part to other persons or circumstances, but shall be confined in its operation to the clause, sentence, paragraph or part thereof and to the persons or circumstances directly involved in the controversy in which such judgment shall have been rendered.

 

Notes

95     Added, Bill No. 992 (approved June 21, 1995), 1995 Ordinances, p. 759. Section 2 of the Ordinance provides: "This Ordinance shall take effect on October 28, 1995. All rules, regulations and written

CHAPTER 6-900.  MOLD INSPECTIONS 96

§ 6-901.  Definitions.

     (1)     Mold. A form of multicellular fungi that live on plant or animal matter and in indoor environments. The term includes, but is not limited to: Cladosporium, Penicillium, Alternaria, Aspergillus, Fuarim, Trichoderma, Memnoniella, Mucor and Stachybotrys chartarum.

     (2)     Comprehensive Mold Inspection. An investigation to determine the presence of mold in connection with which the inspector provides a report explaining the results of the investigation.

§ 6-902.  Mandatory Residential Mold Inspections.

     A buyer of a residential property who is offered the right to conduct home inspections and elects to do so, must have a comprehensive mold inspection conducted by a licensed residential mold inspector if the home inspector identifies visible mold growth or water intrusion in the residential property during the home inspection. A comprehensive mold inspection does not need to be conducted if such an inspection was conducted within the prior six months and the mold inspection report is obtained by the buyer.

§ 6-903.  Requirements for Residential Mold Inspections.

     Residential mold inspections performed pursuant to Section 6-902 shall be conducted in accordance with regulations promulgated by the Department of Public Health.

§ 6-904.  Residential Mold Inspection License.

     (1)     No person shall engage in the business of residential mold inspections unless that person has first secured a license from the Department of Licenses and Inspections.

     (2)     In order to secure a license, an applicant must:

          (a)     be at least eighteen (18) years of age.

          (b)     demonstrate completion of a mold inspection training program that qualifies or certifies mold inspectors. At a minimum, the training program must include training in the following areas:

               (i)     comprehensive physical inspection of an entire structure and its environment with moisture and humidity meters, including but not limited to inspection of leaks; water intrusions;

heating, ventilation and air conditioning systems; air handling equipment; ducts; crawl spaces; attics; and the in-side of load and non-bearing partitions, floors, and ceilings;

               (ii)     testing of visible molds by scraping, taking bulk samples, and swabbing;

               (iii)     indoor air testing;

               (iv)     testing for carpet mold;

               (v)     safety precautions regarding mold, asbestos and lead paint;

               (vi)     writing reports detailing observations, findings and results of inspections; and

               (vii) writing mold remediation plans outlining potential methods of mold remediation.

          (c)     maintain commercial general liability insurance in an amount to be determined by the Office of Risk Management.

          (d)     pay a license fee of three hundred (300) dollars for a license that will be valid for three years from the date of issuance.

§ 6-905.  Restrictions.

     No person shall be licensed as a residential mold inspector if that person has been convicted before a court of law of a crime of fraud, dishonesty, breach of trust or deceit within the past ten years.

§ 6-906.  Conflict of Interest.

     (1)     A holder of a residential mold inspection license shall not perform a home inspection, a comprehensive mold inspection and mold remediation on the same project. A holder of a residential mold inspection license shall only perform one of these activities on a single project. Work performed by a company in which an individual holds an interest shall constitute work performed by the individual.

     (2)     A holder of a home inspection license, pursuant to Section 9-1302 of The Philadelphia Code, shall not accept any compensation, inducement or reward for the referral of any business to a mold inspector or a mold remediator. A holder of a residential mold inspection license shall not accept any compensation, inducement or reward for the referral of any business to a mold remediator.

§ 6-907.  Penalties.

     In addition to the penalties established in Section 6-103, a license may be revoked for failure to comply with the provisions of this Chapter.

 

Notes

96      Added, Bill No. 050748 (approved December 15, 2005).