Good day, Councilman 86 12/01/04 - LICENCES - BILL 040869 Mariano and Members of the Committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today, I'm here to provide testimony on Bill 040869 which, if enacted, will eliminate the licensing provision for private parking lots and place the safety and maintenance requirements for same under the Property Maintenance Code. The Department of Licenses and Inspections in its efforts to streamline the regulatory process to improve the service provided to our stakeholders work with the City's Labor Relations Unit Redesigning Government Initiative, RGI, to review the requirements of this license and recommend ways in which to provide relief for businesses and organizations wishing to have private parking as an ancillary use to their main operation. The goal of this initiative was to streamline the process required to gain approval for the use while continuing to regulate maintenance and safety issues 87 12/01/04 - LICENCES - BILL 040869 involving private parking lots. The current provisions of Section 9-601 of the Philadelphia Code defines private parking lots as any outdoor area or space where more than six motor vehicles may be parked, housed, or kept without any charge. The Code further provides that no person shall maintain a private parking lot unless he or she has obtained a license from the Department of Licenses and Inspections. As a condition for the granting of a license to maintain a private parking lot on the premises, the location has to be in compliance with zoning and building code requirements which include having a use registration permit for the private parking activity. The process to grant initial approval for the use registration permit involves several departments and is time consuming for persons wishing to maintain this use. Conversely, after having been granted approval for the use registration permit, the applicant is put through the same 88 12/01/04 - LICENCES - BILL 040869 process for the purpose of obtaining a license for the continued maintenance of the private parking use. This is not only overly bureaucratic, but has been found to serve no 6 significant purpose. The elimination of this license requirement and relocation of the requirements for maintenance from Section 9 9-601 to the Property Maintenance Code will enable the Department to better manage inspections for this use and reduce the time needed to process other licenses the Department administers. The property maintenance inspections for private parking lots will be conducted by the Department's residential and commercial inspector and will enhance its ability to respond to complaints related to the maintenance and safety of the lots. Thank you for the opportunity to provide testimony on this bill, and I will be happy to answer any questions at this time.
Thank you, Mr. Haigler. Any questions for Mr. Haigler from 89 12/01/04 - LICENCES - BILL 040870 this Committee? (No response.)
Seeing none, we will move into the next bill. Would the Clerk read the title of the next bill?
Bill 040870, an ordinance repealing Section 10-813 of the Philadelphia Code entitled, "Swimming Pools," and amending Section PM-302 of the Philadelphia Property Maintenance Code entitled, "Exterior Property Areas," to include provisions for the safety and maintenance of swimming pools and enforcement of same, under certain terms and conditions.
Good day, Councilman Mariano and Members of the Committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today, I'm here to provide testimony on Bill 040870 which, if enacted, will eliminate the licensing provision for private swimming pools and place the safety and maintenance requirements for same under 90 12/01/04 - LICENCES - BILL 040870 the Property Maintenance Code. The provisions governing the licensure of private swimming pools was originally enacted into law in 1964 and amended in 1973. At that time or at the time when the provisions were originally enacted into law, private swimming pools were not widely prevalent in the City and the codes enforced by Licenses and Inspections did not specifically address pool maintenance and safety issues. Through the evolutionary process, a model code adoption by the City of Philadelphia and now the common use of pools and spas/hot tubs, more attention had been paid to pool safety and maintenance throughout the country. The model codes adopted by the City provide for uniform application and enforcement of provisions governing private swimming pool safety and maintenance. Specifically, Section B-3109 of the Philadelphia Building Code governs swimming pool enclosure and safety devices. The term swimming pool in this section is defined as 91 12/01/04 - LICENCES - BILL 040870 any structure intended for swimming, recreational bathing or wading that contains water over inches, including in-ground, 5 above-ground and on-ground pools, hot tubs, 6 spas and fixed in place wading pools. 7 Subsection B-3109.4 applies to residential 8 swimming pool safety and provides for a 9 variety of safety devices to be installed at 10 the residential premises to prevent 11 unauthorized access to the swimming pool. 12 Many of the devices mentioned in B-3109.4 were 13 developed subsequent to enactment of the 14 original swimming pool ordinance in 1964 and 15 takes advantage of new technology which may 16 already be present on the premises such as the 17 use of alarm sounding devices connected to 18 entry doors leading to the pool area and 19 locking mechanisms on gates and ladders for 20 above-ground pools. By amending the Property 21 Maintenance Code to reference the safety 22 requirements of the building code, the 23 Department will be able to enforce these 24 provisions retroactively to existing residential properties. 92 12/01/04 - LICENCES - BILL 040870 We believe this will not have an adverse effect on this occupancy since the requirements are minimal, may exist already on the premises and are easily adaptable if not already present. Additionally, the Department will continue to require construction and zoning permits for the construction erection of pools that are more than inches in depth. At the 11 time pool activity commences, inspections will 12 take place to ensure that all safety measures 13 as prescribed by law are present and the pool 14 is in compliance. 15 The elimination of license 16 requirement and relocation of requirements for 17 existing residential pool safety and 18 maintenance from Title 10 to the Property 19 Maintenance Code will enable the Department to 20 better manage inspections for this use and 21 respond to complaints related to stagnant 22 water and maintenance by shifting 23 responsibility for responding to this type of 24 complaint from the Department's business regulatory inspector to the Department's 93 12/01/04 - LICENCES - BILL 040870 residential and commercial property maintenance inspectors. The department will also coordinate its inspections with the Department of Health to address health-related issues and concerns with regard to the accumulation of stagnant water resulting from lack of pool maintenance. Thank you for the opportunity to present testimony on this bill. I'll be happy to answer any questions.
Thank you, Mr. Haigler. Mr. Haigler, what did you just say? What was this all about, in laymen's terms? We're making the pools safer in people's back yards?
Yes, sir. In laymen's terms, it will allow the Department to better manage its inspectional resources to investigate any issues related to pool safety and maintenance by taking the responsibility from one group of inspectors and placing it with another group of inspectors.
And you're including hot tubs, because Councilman Ramos 94 12/01/04 - LICENCES - BILL 040870 and I are hot tub guys, not together but separately
Thank you. Any other questions from this Committee for this witness? Councilman Clarke.
Thank you, Mr. Chairman. Actually, Mr. Chairman, I had a question that related to Bill 040869. Is that in reference, to some degree, commercial lots, sales of vehicles?
To a limited degree. It's primarily for the convenience of the customers to park on the lot, not the actual sale of the vehicles from the lot, but it's an ancillary part of the lot that customers will park.
There's a separate section of the Code that deal with the sale. That's different from this, from this 95 12/01/04 - LICENCES - BILL 040870 provision. This is primarily for private parking lots which are ancillary to -- it's basically a parking lot where you have a business and they provide --
Let me just ask the you the question that I want to ask you. With respect to commercial lots. The sales of vehicles, be it new or used, what are the requirements or the prohibitions as it relates to use of sidewalks for sales of vehicles or showing of vehicles?
They are prohibited from using the sidewalks for that. They're not allowed to use the sidewalks for any purpose. That's the public right-of-way. They're not allowed to --
They're not allowed to use the street either, but you ride up to Erie Avenue between G Street down to North Catholic, and that's all you see. That is taken over.
Seeing that it's 96 12/01/04 - LICENCES - BILL 040870 so prevalent and so noticeable, do we have like an aggressive --
To my knowledge, you have to call the Police Department on that, the individual district captains and have them have a crack-down. I don't think L&I goes and tells So-and-so Car Dealer that his cars are on Frankford Avenue.
Only unless there's a zoning proviso or something that we were out there to inspect for.
Councilman, I deal with the police captain on that district; that's how I do it. If it's district-wide thing, you tell the inspector --
But isn't it a part of the Civil Code? We don't normally ask the police to enforce the Civil Code.
Parking on the sidewalk is a violation of the Motor Vehicle Code.
It's under the 97 12/01/04 - LICENCES - BILL 040870 Motor Vehicle Code because it's a state regulation held by the City. But what they're doing is -- you could put a car out on the sidewalk, but there's a license on them. Most of them don't. They have a dealer tag on one.
This is my problem -- Councilman Mariano is indicating that our ability, frankly speaking, to get the Police Department to aggressively enforce this has been extremely limited. And I assume it's because they have other things to do dealing with violent crimes. Is there any way that the regulatory agencies such as L&I, Streets Department, could be involved in citations for sidewalk intrusions? Right now, Streets Department has the ability if somebody places a -- they need to get an ordinance to have an extension of steps or anything that needs to be placed on the sidewalk is done in a regulatory way with other departments beyond police.
Anything that is involving the public right-of-way comes under the jurisdiction of the Streets Department. 98 12/01/04 - LICENCES - BILL 040870 The public right-of-way is under their jurisdiction.
But they can't enforce any violations as it relates to the public right-of-way?
They can. The public right-of-way, they have a right-of-way unit that enforce the provisions related of sidewalk cafes that are placed on the public right-of-way. We enforce provisions related to newsstands that are on the public right-of-way
That's Streets Department, you're talking about, right?
Absolutely. They issue permits for the placement of street furniture on the public right-of-way.
So can't the Streets Department issue citations for placement of vehicles on the sidewalk?
I really can't answer that. I think we need to explore what to see what the full implications are. I don't know what the full implication of the law is 99 12/01/04 - LICENCES - BILL 040870 related to something like that.
Councilman, I think of because what we were doing with the pocket rockets, the motorcycles, there's a lot to do. And Councilman DiCicco might know this answer. The Councilman wants to know about like car dealers that put their cars out on the street. It goes under the Motor Vehicle Code.
He knows it's illegal. He just can't anybody to enforce it. I said I call the police captain.
If the Streets Department is responsibile for regulating the conduct, the ability to have encroachments on the sidewalk why the Streets Department can't enforce a violation of a vehicle on the sidewalk.
I think the answer to that maybe is that the issuance of the ticket, the citation, falls under the Motor Vehicle Code. When we did that 100 12/01/04 - LICENCES - BILL 040870 legislation, it became a violation under the Motor Vehicle Code. And the only people that can write those citations are police officers.
You know what amazes me, though, while we're on that, my son got a ticket for not having an inspection sticker, but his car was parked. The Parking Authority wrote that, and I didn't know they could do that. And when I looked at the ticket, surely they could.
If it's in conjunction, I believe -- if the main purpose was the parking violation so they're writing the parking violation, if they see that you have an expired sticker, they can write that. They can't stop you. They can't do a stop violation.
On that particular case, he just got the expired inspection sticker. No parking that time.
I wasn't paying attention to what your questions were, Councilman Clarke, but I think that --
My issue has to 101 12/01/04 - LICENCES - BILL 040870 do with the previous bill. The placement of vehicles on the sidewalk.
Right. I was told that the police should enforce it. The police are not enforcing it, for whatever reason. My question is, if it's a violation, sidewalks are traditionally regulated and cited by the Streets Department --
Councilman Clarke, I have something to answer your question. In this bill, I believe it's on of the bill, down at the bottom there under PM-313.4 where it talks about use of streets. The owner of a private parking lot shall not use or permit the use of any part of any street or sidewalk for parking or storing a motor vehicle in connection with the operation of motor vehicle repairs or sale businesses. So from that perspective alone, then our property maintenance and commercial inspector can write the violation just on that.
That was the 102 12/01/04 - LICENCES - BILL 040871 original question bill.
We learn every day. Thank you, Councilman. Let's go back to bill we're working on here. Any questions for Mr. Haigler on the swimming pool bill? (No response.)
What's next, John? Bill 040871, would you please read that bill?
Bill 040871, an ordinance amending Section 9-703 of the Philadelphia Code entitled "Dance Halls," by redefining the types of establishments ane activities that require a license under that section and changing the name of the license to a special assembly occupancy license, all 103 12/01/04 - LICENCES - BILL 040871 under certain terms and conditions.
Good day, Councilman Mariano and Members of the Committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today, I'm here to provide testimony on Bill 040871 which, if enacted, will amend Section 9-703 of the Philadelphia Code by redefining the types of establishments and activities that require a license and by changing the name of the license to special assembly occupancy in order to better regulate this use. The tragedy of the Rhode Island Station Nightclub fire resulting in the loss of life has left an indelible impression in the minds of all those who witnessed it and particularly those of us in the regulatory code enforcement. As a result of this tragedy, many studies were conducted to analyze the cause of this disaster and to seek ways in which to prevent this from happening again. 104 12/01/04 - LICENCES - BILL 040871 The City of Philadelphia, along with other jurisdictions in the nation took a hard look at the laws GOVERNING nightclubs and similar uses to determine whether amendments were needed which could possibly prevent such an occurrence from happening in their jurisdiction. The Mayor subsequent to the Rhode Island disaster directed the Managing Director to conduct a study of the City's fire, building and other relevant laws regulating safety in nightclubs and to issue a report with recommendations for improvements as needed to protect our citizens and visitors who gather at this type of establishment. Under the direction of Managing Director, a variety of City agencies, which included Licenses and Inspections, Fire, Police, District Attorney's Office, Commerce, and the City Solicitor's Office, came together to evaluate the laws and inspection processes governing this industry. Fortunately, the City of Philadelphia has been at the forefront with regard to regulating this industry and has had a specific section of the Philadelphia 105 12/01/04 - LICENCES - BILL 040871 Code devoted to this industry since the mid-1990s. In May of 2001, Council passed additional amendments to Section 9-703 entitled "Dance Halls" to provide further assistance to Licenses and Inspections with its enforcement responsibility regarding this industry. Also, as recently as December of 2003 and subsequent to the Rhode Island disaster, Council passed legislation which amended the City's fire and building codes to incorporate many of the recommendations in the Managing Director's report and to address the issues related to overcrowding, crowd control, improvements to this occupancy fire protection system that included the shutdown or shutoff devices for the sound equipment upon the activation of the fire alarm system and to require the periodic announcements to highlight the location where the exits are located in cases of emergency. To ensure that these requirement would be applied to the uses and that are the subject of particular can concern for safety, 106 12/01/04 - LICENCES - BILL 040871 the term "special assembly occupancy" was added to and defined in the aforementioned codes in order to enhance the safety requirements to these types of establishments. The term "special assembly" or "special use" is in line with a trend throughout the nation to classify these types of establishments, so defined based on heightened concern for safety for employees and patrons and to provide reasonable degree of protection for these individuals in emergencies. The 2003 edition of the National Fire Protection Association Uniform Fire Code and the National Fire Protection Association Life Safety Code added the term "special use" and defines it as a use that includes but is not limited to events or occurrences during which life safety threatening situations or fire hazards exist or are likely to exist as determine by the authority having jurisdiction.
Are you done, Mr. Haigler, or do you have another 10 pages?
Yes, I'll just answer 107 12/01/04 - LICENCES - BILL 040871 any questions.
And you'll give us your testimony for the record anyhow. It's very important. We're not making light of what you're doing. Any questions for this witness on this very serious issue? (No response.)
Seeing none. Seeing no other witnesses, this concludes the public hearing. - - - - 108 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING COMMITTEE ON LICENSES AND INSPECTIONS - - - - Wednesday, December 1, 2004 - - - - Public meeting conducted by the Committee on Licenses and Inspections, held in Room 400, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILLS 040134, 040756, 040869, 040870, 040871. PRESENT: COUNCILMAN RICHARD T. MARIANO, Chair COUNCILWOMAN JOAN KRAJEWSKI COUNCILMAN DARRELL CLARKE COUNCILMAN JACK KELLY COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN JAMES KENNEY COUNCILMAN FRANK DICICCO 109 12/1/04 - LICENSES - PUBLIC MEETING
We now enter the public meeting. I understand that, Councilman DiCicco, you have amendment for Bill 040134. The Chair recognizes Councilman DiCicco.
Thank you, Mr. Chair. I believe all members of the Committee have a copy. I ask that the amendment be approved.
It's approved, the amendment is approved. I moved that amended Bill No. 040134 be reported out of this Committee with a favorable recommendation and further recommend that the Rules of Council be suspended so as to permit first reading at our next Session. (Duly seconded.)
A motion has 110 12/1/04 - LICENSES - PUBLIC MEETING been made and seconded. All in favor? (Aye.)
Seeing none opposed, the bill passes as amended and a suspension of the rules. The Chair recognizes Councilman Clarke for a motion on Bill No. 040869.
Thank you, Mr. Chairman. I make a motion that Bill No. 14 040869 be reported out of Committee with a favorable recommendation and a request for a suspension of the Rules as to allow reading at the next Session. (Duly seconded.)
Thank you, Councilman. It has been moved and seconded that Bill 040869 be reported out of Committee with a favorable recommendation and further that a recommendation that the Rules of council be suspended so as to permit first reading at our next Council Session. 111 12/1/04 - LICENSES - PUBLIC MEETING All those in favor say aye. (Aye.)
Seeing none, the bill passes, as amended, and with a suspension of the Rules. The Chair recognizes Councilman Clarke for a motion on Bill 040870.
Thank you, Mr. Chairman. I make a motion that Bill No. 13 040870 be reported out of Committee with a favorable recommendation and a request for a suspension of Rules as to allow reading at the next Session of Council. (Duly seconded.)
It has been moved and seconded that Bill 040870 be reported out of Committee with a favorable recommendation and further that a recommendation that the Rules of Council be suspended so as to permit first reading at our next Council Session. All in favor say aye. 112 12/1/04 - LICENSES - PUBLIC MEETING (Aye.)
Seeing none, the bill passes. The Chair recognizes Councilman Clarke for a motion on Bill No. 040871.
Thank you, Mr. Chairman. I make a motion that Bill No. 11 040871 be reported out of committee with a favorable recommendation and a request for a Rules suspension to allow reading at the next Session. (Duly seconded.)
It has been moved and seconded that Bill No. 040871 be reported out of Committee with a favorable recommendation, and further that a recommendation that the Rules of Council be suspended so as to permit first reading at our next Council Session. All in favor say aye. (Aye.)
Opposed? 113 12/1/04 - LICENSES - PUBLIC MEETING (No response.)
Seeing none, the bill passes. The Chair recognizes Councilwoman Brown for a motion on Bill 040907.
I move that Bill 040907 be moved out of Committee with a favorable recommendation with a suspension of Rules so that the bill can be voted on at our next regularly scheduled Session of Council. (Duly seconded.)
It has been moved and seconded that Bill 040907 be reported out of Committee with a favorable recommendation and further that a recommendation that the Rules of Council be suspended so as to permit first reading at our next Council Session. All in favor say aye. (Aye.)
Seeing none, the bill passes. 114 12/1/04 - LICENSES - PUBLIC MEETING I'd like the record to show that Bills 040756, 040777, and Bill No. 040906 are being held. This concludes the public meeting of the License and Inspection Committee, thank you. (Council adjourned at 3:30 p.m.) - - - - 115 C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Wednesday, December 1, 2004, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE ON LICENSES AND INSPECTIONS _________________________ Lisa C. Bradley, RPR