COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING AND PUBLIC MEETING BEFORE THE COUNCIL COMMITTEE ON LICENSES AND INSPECTIONS - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, December 9, 1999 10:08 a.m. - - - BILL 990003 - Amending "Sidewalk Sales" section of Philadelphia Code to permit owners to conduct sidewalk sales on Frankford Avenue between Adams Avenue and Brill Street. BILL 990757 - Repealing Section 9-614, entitled "Home Repair Businesses," and Section 9-1002, entitled "Roofers," of the Philadelphia Code. BILL 990868 - Amending the Philadelphia Code to clarify that it is illegal to possess fireworks, except as specifically provided for in conjunction with the permit. PRESENT: COUNCILMAN JAMES F. KENNEY, Chair COUNCILMAN MICHAEL A. NUTTER COUNCILWOMAN MARIAN B. TASCO COUNCILMAN FRANK DICICCO - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 (215) 561-2220 99 L&I COMMITTEE I N D E X Bill 990757 Otis Haigler, Jr., Regulatory Affairs Mgr. Department of Licenses and Inspections Bill 990868 Otis Haigler, Jr., Regulatory Affairs Mgr. Department of Licenses and Inspections 9 Rich Bailey, I'm Battalion Chief. . . . . . . 15 10 Fire Department Captain William Marker. . . . . . . . . . . . 17 Commanding Officer, Philadelphia Police Department's Bomb Disposal Unit Bill 990003 Otis Haigler, Jr., Regulatory Affairs Mgr. 15 Department of Licenses and Inspections 16 17 18 19 3 12/9/99 L&I - BILL 990757 P R O C E E D I N G S
I would like to request that members on the L&I Committee please come to the chambers immediately. Thank you. - - -
Good morning, ladies and gentlemen. This is the committee on Licenses and Inspections. We have a quorum present to hear testimony on three bills. The first bill is Bill No. 990757, which is an ordinance repealing Section 9-614, entitled "Home Repair Businesses," and Section 15 9-1002, entitled "Roofers," of the Philadelphia Code. Is there anyone here from Licenses and Inspections to testify this morning? (No response.)
Would you please 4 12/9/99 L&I - BILL 990757 identify yourself for the record and proceed with your testimony on Bill No. 990757, which is the home repair bill. Thank you and please proceed.
Good day. Good day, Councilman Kenney and members of the committee. I am Otis Haigler Jr., Legislative and Regulatory Affairs Manager for the Department of Licenses and Inspections. Today, I am here to provide testimony on Bill No. 990757, repealing Sections 9-614 and 9-1002 of the Philadelphia Code related to home repair and roofers. The purpose and need for bill is so that the Department can implement the requirements of Bill 980334, which was passed by Council on November 19, 1998 and signed by The mayor on December 15, 1998. Bill 980334 was enacted to regulate all contractors who perform construction, repair, alteration, addition, remodeling, rehabilitation, and/or demolition under one license. The contractors included in the above category include home repair contractors, roofing contractors, general construction contractors, and subcontractors, except those who are licensed 5 12/9/99 L&I - BILL 990757 under a specialized trade, such as plumbing, electrical and fire protection system contractors, which require an examination to determine qualifications prior to the issuance of the license. As a point of clarification, it is not the intent of the Department of Licenses and Inspections to deregulate home repair contractors and roofing contractors but to incorporate those disciplines under one license category so as to administratively enforce the requirements of Bill 13 980344. A provision of Bill No. 980344, under Section 9-1004, subsection 2, Subsection b., Subsection .4, states that the Department is prohibited from issuing the contractor license to a contractor who is already licensed by the Department. The requirements of Bill 980344 do not weaken our regulatory enforcement powers concerning roofing and home repair contractors. To affirm this, I submit for the record testimony I presented on October 21, 1999 before State Attorney General Fisher's Task Force on Consumer 6 12/9/99 L&I - BILL 990757 Fraud. During my testimony before the Attorney General and members of the Task Force, I explained the requirements of the contractor's license and indicated that our intentions -- what our intentions are with regard to regulating home repair and roofing contractors under the provisions of Bill No. 980344. In summary, the Department requests that the committee favorably reports Bill No. 11 990757 out of committee and suspend the rules of Council to permit first reading at its next session. Thank you.
Thank you very much for your testimony. Is it fair to say, Mr. Haigler, that the purpose of this bill is to kind of corral all of the individuals entrepreneur-type home-fixer- uppers to get them under a license so that we kind of know where they're working, that there will be more propensity for them to pull permits and the like, and it makes it easier to have these individuals come in under one generic license as opposed to the hodgepodge of licensing that we had 7 12/9/99 L&I - BILL 990757 to do?
Okay. Are there any questions for Mr. Haigler? Councilmember Tasco?
Yes. Well, currently, with the home repair contractor, if a person were to say -- if one of our inspectors were to go out and we were to come across this contractor, he could, in turn, say that he's a general contractor, which is not licensed. So right now, we're hoping to close a lot of the loopholes that we have with the different contractors that we regulate by requiring that all contractors be licensed under one license category. We've captured all license contractors and, in turn, we can enforce the requirements of the code on all of the contractors that we would go out to inspect for the work that they do.
Prior to 8 12/9/99 L&I - BILL 990757 Commissioner McLaughlin, I think it was Commissioner Levin who took some heat over sending inspectors into the parking lot of Home Depot to see where people were going with large amounts of Sheetrock and water heaters and the like. Although I -- you know, I think the press kind of ridiculed him about it. I understood very clearly why it was done. Numbers of people come over to the City from outside of the City and inside the City and set themselves up as home repair people. They install water heaters, which deal with gas, they do shoddy work, and they're not licensed and not permitted. And then when the poor resident tries to find out, you know, how they can get some relief from the bad work that was done, there's often, or always, no paper trail as to how to find these people.
And it's often senior citizens, it's often people who are poor who pay these unlicensed contractors for the kind of work that they get, and it's a consumer protection issue in addition to a licensing issue. 9 12/9/99 L&I - BILL 990868
That's correct. And I would like to add that during my testimony for the Attorney General, I believe the State will be looking at adopting their own provisions of State regulations, State ordinances to address the same thing that we've been doing here in Philadelphia.
Okay, great. Thank you very much. Are there any other questions for Mr. Haigler? (No further questions.)
Seeing none, the next bill is Bill No. 990868, which is an ordinance amending Title 4 of the Philadelphia Code ("The Building Construction and Occupancy Code"), Subcode "F" ("The Philadelphia Fire Prevention Code") by revising Chapter 31, entitled "fireworks," to clarify that it is illegal to possess fireworks, except as specifically provided for in conjunction with the permit. Mr. Haigler, please.
Again, I'm Otis Haigler, Jr., Regulatory and Legislative Affairs Manager 10 12/9/99 L&I - BILL 990868 for the Department of Licenses and Inspections. The purpose of this bill is to clarify the requirements of the Fire Prevention Code. Currently, our Fire Prevention Code, under Chapter 6 31, regulates the display, sale, and storage of fireworks in the City of Philadelphia. Under the provisions of the ordinance, Bill No. 990868, we attempt to clarify one requirement that was not mentioned in the current code which deals with possession. The possession issues was not addressed. I would like to offer, as part of my testimony and read into the record, a letter from the District Attorney, District Attorney Lynn Abraham. This letter was sent to Mr. David L Wismer, the director of our Planning Code Development Unit.
And the letter reads as follows: "Dear Mr. Wismer: I am writing to express my concern over the fireworks section of the City Code. The Charging Unit of this office was contacted by the Police Department after some 11 12/9/99 L&I - BILL 990868 confusion over what constitutes a fireworks offense pursuant to the City Code. Seemingly, when the former fireworks provision of the City Code was repealed and reorganized in the Fire Prevention Code, the language was changed. "I am sure that this was an oversight, but the effect of the new language is to no longer make it an offense to possess fireworks. The language of Section F-3103.2 of the Fire Prevention Code reads: 'A person shall not manufacture, store, offer, or expose for sale, sell at retail, or discharge any fireworks. Presumably, a person may not make or sell fireworks, and a permit is required to display or discharge them, but mere possession is not an offense.' "With the advent of the millennium, I am concerned that the City of Philadelphia will experience a dramatic increase in incidents involving fireworks. It is, therefore, essential that the Fire Prevention Code address the offense of possession of fireworks. "Thank you for your attention in this matter. Please feel free to call me to discuss 12 12/9/99 L&I - BILL 990868 this further. "Sincerely, Lynn Abraham, District Attorney."
Thank you very much. Are there any questions for Mr. Haigler?
Is it -- does the City Code mirror the State Code? 'Cause when I travel in the suburbs, I see booths set up for the sale of fireworks. Could someone come up, come into the City, and do a similar setup at the back of a pickup truck and start selling fireworks?
No, sir. No, sir. Our code explicitly says that in order to -- that the sale of fireworks is prohibited. The only thing that we will issue a permit for would be for the display, fireworks displays. So it is illegal to sell fireworks in the City of Philadelphia, and that's explicit in the code.
Is there a definition in here of what exactly fireworks are? 13 12/9/99 L&I - BILL 990868 I was --
I was recently at an event where they were selling fireworks, and they said they had a loophole that the fireworks that they were selling were not of the -- they weren't powerful enough to categorize as a firework, and they were actually selling them.
I'd like to give you the definition of what fireworks consist of --
Let the record that Councilman Rizzo did not buy fireworks.
Fireworks include any combustible or explosive composition and any substance or combination of substances and articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration and detonation. Fireworks shall include: blank cartridges, toy pistols, toy cannons, toy canes, and toy guns in which explosives are utilized, balloons requiring fire underneath to propel the balloon, fire crackers, torpedoes, rockets, Roman candles, sparklers, and any other devices of similar construction, any device containing any explosive or flammable compound, and any tablet and other devices containing any explosive substance. The term "fireworks" shall not include: automobile flares, paper caps containing not more than an average of 0.25 grams of explosive content per cap, toy pistols, toy canes, toy guns, and other devices utilizing such caps. The sale or utilization of the types of explosive devices listed herein, which are not considered fireworks, shall be permitted at all 15 12/9/99 L&I - BILL 990868 times.
So what you just described -- and in all seriousness now, I did purchase some sparklers, and I was assuming that sparklers were an appropriate -- people -- restaurants use them for cakes, and I bought different colored sparklers, thinking that they were an appropriate purchase. So you're telling me that sparklers are --
Could you please identify yourself for the record, Chief, and -- CHIEF BAILEY: My name's Rich Bailey, I'm Battalion Chief with the Fire Department and Chief of the Fire Code Unit, which also deals with the Fire Prevention Code. Sparklers, as you described, are legal. They're considered fireworks, and they are legal to be used. Typically the ones you find on birthday cakes are acceptable. Caps are acceptable. But they're the limit of what is acceptable but to be used. 16 12/9/99 L&I - BILL 990868
The sidewalk sales of what they -- if there's a sign out that says "fireworks," is that -- CHIEF BAILEY: That is illegal.
And there's no 9 loophole, according to what I just heard here, to say that they don't have enough powder in them to categorize them as a firework, they're less powerful. CHIEF BAILEY: I suppose they could make something that was so weak that it my justify it, but no one would buy it then.
Okay. Chief, is there anything else you would like to add to the testimony as it relates to this bill? CHIEF BAILEY: When we, the Fire Department and the Department of Licenses and Inspections, revised the code, we took similar language and used it. We did not -- "possession" was not a term used previously, and it's not in the current code. We did not realized that was a problem. Maybe we should have consulted with the 17 12/9/99 L&I - BILL 990868 Police Department, but we did not. So we're happy to see anything in the code that prevents this, and we're happy to see that Council is acting swiftly to enact this by the end of the year so that we can use it on Christmas Eve. So we're in support of this change.
Okay, is there anyone else at the table that has anything to add? Captain, would you like to come up? I think Councilmember Nutter has a question. (Captain William Marker comes forward.)
If you could just identify yourself for the record. CAPTAIN MARKER: Captain William Marker, Commanding Officer of the Philadelphia Police Department's Bomb Disposal Unit.
Good morning, Captain. Hopefully, with the passage of this 18 12/9/99 L&I - BILL 990868 bill -- I do get complaints a couple times a year around various holidays, the Fourth of July, for instance, and folks in my district take it upon themselves to have kind of an impromptu fireworks display in the neighbor and just kind of set it off in a big field. And in a couple instances, apparently they called actually the police about it, and I think the most the police did actually was stand there and look and enjoy the display. What is the appropriate response under those circumstance by the Police Department? CAPTAIN MARKER: The appropriate response would be to arrest the individuals that are actually using the fireworks and to confiscate the fireworks.
And is that something that could have been done even without this particular bill? CAPTAIN MARKER: Yes.
All right. Unless you have a permit and you've gone through the Fire 19 12/9/99 L&I - BILL 990868 Department and the whole process and procedure. CAPTAIN MARKER: That is correct.
Thank you very much. Are there any more questions for these witnesses? (No further questions.)
Thank you very much. Is there anyone else in the room to testify on this bill? (No response.)
Seeing none, we will now move to Bill No. 990003, which is an ordinance amending Section 9-205 of the Philadelphia Code, entitled "Sidewalk Sales," by permitting owners to conduct sidewalk sales on Frankford Avenue between Adams Avenue and Brill Street, under certain terms and conditions. Mr. Haigler, please identify yourself for the record.
Yes. I'm Otis Haigler, 20 12/9/99 L&I - BILL 990868 Jr., Legislative and Regulatory Affairs Manager with the Department of Licenses and Inspections. Good day, Councilman Kenney and members of the committee. In reference to ordinance -- Bill No. 7 990003, amending Section 9-205 of the Philadelphia Code, entitled "Sidewalk Sales," by permitting business owners to conduct sidewalk sales on Frankford Avenue between Adams Avenue and Brill Street, under certain terms and conditions, the Department of Licenses and Inspections has no 13 objections to the passage of this ordinance.
Thank you very much. Any questions for Mr. Haigler on this bill? (No questions.)
Anyone in the room 20 to testify on this legislation? (No response.)
Seeing none, that will conclude the hearing. - - - 21 12/9/99 L&I - PUBLIC MEETING
The Committee on Licenses and Inspections will now convene a public meeting. The Chair recognizes Councilman Nutter for a motion on Bill No. 990868.
Mr. Chairman, I move that Bill 990868 be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.)
It's been moved and seconded. All in favor, aye? There are none opposed. Bill No. 990868 will be reported out of this committee favorably and a request will be made for a rules suspension to allow for first reading at our next Council session. The Chair recognizes Councilman Nutter for a motion on Bill No. 990757.
Mr. Chairman, I move that Bill 990757 be reported out of this 22 12/9/99 L&I - PUBLIC MEETING committee with a favorable recommendation and a further recommendation that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.)
Moved and seconded. All in favor, aye? There are none opposed. Bill No. 990757 will be reported out of this committee favorably and a request will be made for a rules suspension of Council to allow for first reading at our next Council session. The Chair recognizes Councilman Nutter for a motion on Bill No. 990003.
Mr. Chairman, I move that Bill No. 990003 be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.)
Moved and seconded. All in favor, aye? 23 12/9/99 L&I - PUBLIC MEETING There are none opposed. Bill No. 990003 will be reported out of this committee with a favorable recommendation and a request will be made for a rules suspension to allow for first reading at our next Council session. Thank you very much for your attendance. I believe that the Committee on Public Health will be convening momentarily. (Adjourned at 10:28 a.m.) - - - 24 C E R T I F I C A T E I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, December 9, 1999, were reported fully and accurately by me, and that this is a correct transcript of same. RE: COUNCIL COMMITTEE ON LICENSES AND INSPECTIONS BILL NO.'S 990003, 990757, 990868 __________________________________, JOSEPHINE CARDILLO, Registered Professional Reporter