a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON LICENSES AND INSPECTIONS - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, October 23, 2008 1:10 p.m. - - - PRESENT: COUNCILWOMAN MARIA QUINONES-SANCHEZ, CHAIR COUNCILMAN DARRELL L. CLARKE COUNCILMAN BILL GREEN COUNCILMAN WILLIAM GREENLEE COUNCILMAN JAMES F. KENNEY. COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILWOMAN JOAN KRAJEWSKI COUNCILMAN JACK KELLY Bill 080433 - An ordinance amending Chapter 9-600 of The Philadelphia Code, entitled Service and Other Business," by amending Section 9-610, entitled "Massage Businesses"... BILL 080546 - An ordinance amending Subcode "PM" (The Philadelphia Property Maintenance Code) of Title 4 of The Philadelphia Code, entitled "The Philadelphia Building Construction and Occupancy Code"... BILL 080622 - An ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions"... - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated
Good afternoon. We're going to get started. I'd like to open up the hearing part of the Committee on Licenses and Inspections. Before the Clerk reads the bill, I wanted to acknowledge we have before me Councilman Greenlee, Councilwoman Blondell Reynolds Brown, Councilman Green, Councilman Clarke, who has a bill in committee, and Councilman Kenney, who would like to address the group before we begin.
Thank you very much, Madam Chair. I appreciate the opportunity to speak on the bill that I've introduced, which is an effort to codify regulations that were put in place by the City's Department of Licenses and Inspections subsequent to a number of different tragedies in New York and in Miami when it comes to the erection of tower cranes and trying to make sure that the workers are safe and the citizenry a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. safe. We've worked very hard to come to some agreement with this, which we have today, and I just want to publicly thank a few people who worked on the bill in its negotiation. The Ironworkers are here, with Joe Dougherty; Operating Engineers, Tony Lucey and Lou Ager; Carpenters District Council was very much involved; the General Building Contractors Association; George Young is here from the George Young Company; AmQuip. And I'd like to specially thank Otis Haigler from L&I and Sarah Sachdev on my staff, who really diligently worked through this process to come up with a piece of legislation we all can live with and accomplish the goals of both worker and citizen safety. So thank you.
Thank you. I just want to make a point that there will be an amendment during the public meeting part of our discussion this afternoon. a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. If the Clerk would read the Bill 080622.
080622, an ordinance amending Title of The 6 Philadelphia Code, entitled "Regulation 7 of Businesses, Trades and Professions," 8 by adding a new Chapter regulating the 9 erection, use and inspection of tower cranes, all under certain terms and conditions.
Mr. Otis Haigler and Mr. George Young. (Witnesses approached witness table.)
Thank you. Good afternoon, Councilwoman Sanchez and members of the Committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today I am here to provide testimony on Bill 080622, which, if enacted, will add a new Section 9-3200 a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. to The Philadelphia Code in order to regulate the installation and use of tower cranes on construction sites in the City of Philadelphia. As we have been made aware due to recent tragedies that have occurred in New York, Miami and Las Vegas resulting in death, injuries and significant property damage, the installation and use of tower cranes on construction sites requires more than just the equipment being in good operating condition. It also requires specialized knowledge and training of those involved in all aspects of the crane operation in order to ensure the safety of all workers on the job site, as well as the public at large. Highlights of this bill include requirements for all persons involved in any aspects related to the tower crane's operation to be certified by the National Commission for the Certification of Crane Operators or possess equivalent third-party certification from another a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. nationally recognized organization such as the American National Standards Institute or the National Commission of Certifying Agencies. The purpose of the certification is to ensure that all persons who perform work involving this highly complex piece of construction equipment have the necessary knowledge and training to perform such work competently and safely. In addition, the bill provides for disclosure of information that might affect the safe operation of the tower crane by the owner, renter or lessee of the tower crane to the construction manager or owner/developer of the project prior to the crane's erection on the job site. Other requirements of the bill 21 include provisions for the submission of documents to the Department, that have been reviewed and sealed by a professional engineer and licensed in the Commonwealth of Pennsylvania, which a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. attests to the structural integrity of the tower crane prior to its erection and also during periods when it's either raised or lowered; requirements for the convening of a site safety meeting by a qualified, trained supervisor of the tower crane operation and a designated safety representative with all parties involved in the operation of the crane prior to the beginning of any new phase where the adjustments are made to the crane in order to ensure that all persons have responsibility involving such adjustments have the required credentials and training with regard to the specific crane, as well as that all persons involved in the operation understand their role with regard to the task to be performed and the hazards associated with the task; and, finally, requirements for the submission of a Certificate of Insurance by the tower crane owner or lessee prior to its erection on the job site which stipulates that the work a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. involved with the crane is insured for General Comprehensive Liability at a minimum of $15 million and that the City has been named as additionally insured and certificate holder for the purposes of indemnifying the City against liability for work that is performed involved with the tower crane at the construction site. Thank you for the opportunity to provide the Department's testimony on this bill. I will be happy to answer any questions at this time.
Thank you. I want to recognize that my colleagues Councilman Kelly and Councilwoman Krajewski have also joined us. Why don't we hear from Mr. Young and then we'll take questions. Thank you.
Thank you, Councilwoman Sanchez. a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. Members of City Council, thank you for allowing me the opportunity to testify in support of Bill 080622. My name is George Young. I am President of George Young Company, Philadelphia's second oldest family business. I'm a former Chairman of the Board of the Specialized Carriers and Rigging Association, the world's largest crane and rigging trade association, and a long-time member of the General Building Contractors Association of Philadelphia. Our firm's craftpersons spend approximately quarter of a million craft hours per year planning, hoisting and moving unusually sized objects. For almost 140 years, our firm has been honored to move or hoist items as varied as the City's 2,080 pound Liberty Bell to Aker Ship's seven and a half million pound Goliath crane and everything in between. I'm a firm believer in training and certification. Our firm's crane a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. operators and craftpersons have been certified to perform hoisting for almost a decade. We also, interestingly enough, send our Philadelphia-based craftpersons routinely to perform hoisting in the Caribbean, where these types of skill certifications are not available for Caribbean-based contractors. I've seen people when they're certified and when they're not, and the difference in skill levels and safety is quite noticeable. Certification works. Even though Philadelphia has fortunately not been plagued with the tower crane accidents that New York or Miami have experienced, Philadelphia's officials became proactive and invited tower crane owners and users, labor, the General Building Contractors Association, the National Commission for the Certification of Crane Operators and insurance representatives to work collaboratively on the comprehensive tower crane hoisting regulation before a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. you. We've all seen on television or in periodicals the devastating results and negative publicity that hoisting accidents can bring. Safe hoisting is a result of three items working well as a system, similar to a three-legged stool. If one leg fails, the stool may tip over. Bill 080622 recognizes that cranes and their operators, riggers and signal persons must all meet minimum criteria of inspection or training. The criteria must be verified by third-party inspectors or knowledge must be assessed through practical testing and written examination performed by accredited organizations such as the National Commission for the Certification of Crane Operators. Engineering News Record, the nation's preeminent construction magazine, recently profiled Philadelphia as an incubator for progressive crane rules and suggested that these a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. requirements could be a new model for crane safety. This new model requires worker training with craftpersons' skill sets verified through independent third-party testing. Risk management is enhanced by requiring documented pre-planning when tower cranes are erected, jumped or dismantled, as well as a requirement for increased insurance protection for the City of Philadelphia. Lastly, this bill requires documented crane maintenance, including periodic crane inspections performed by certified independent crane inspectors, along with enhanced disclosure requirements of the tower crane's age and condition. Our industry commends you and the City of Philadelphia officials for their foresight in protecting our craftpersons and the public, and firmly supports your passage of this legislation.
Again, thanks to Councilman a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. Kenney, the Department of Licenses and Inspections and all members of our ad hoc committee for participating in keeping hoisting in Philadelphia the safest available.
Thank you. Are there any questions? Councilman Greenlee and then Councilman Green.
Thank you, Madam Chair. First of all, thanks to all of you for this bill and for Councilman Kenney, because anything that improves the safety for everybody concerned, the workers and anybody walking by, is to be commended. Unfortunately it had to be these circumstances that brought this about in other cities. But I have a question that's totally different. You piqued my interest, Mr. Young. You're the second family business. What's the first? a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc.
It's an art gallery in Center City. I don't recall their name, but I think they might be four years older than we are. We were started in 1869 here in Philadelphia.
Really? Wow. Great. Thank you. Thank you, Madam Chair.
Thank you, Madam Chair. I, too, want to commend Councilman Kenney for being proactive rather than reactive and making sure that our laws and protections for people are up to date. I would like to just -- Mr. Haigler, for the record, are all of the stakeholders who are part of this working group in favor of this legislation, the Ironworkers, the Operating Engineers, et cetera? Were there any dissenters? a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc.
Thank you. Mr. Young, your family has been in Philadelphia a long time. You're a great Philadelphia business, and I understand that you recently tried to relocate to the Navy Yard and other places and were unable to get accommodation here in the City of Philadelphia, and I understand that you are moving the second oldest business in the City of Philadelphia to New Jersey because we couldn't accommodate you, and I was wondering if you could let us know what happened and how many employees you have that will be relocating.
Well, I wasn't quite prepared to discuss that, but I'll be happy to. Councilman Green, as I said, we've been in Philadelphia for a long time and we desperately wanted to stay in the City and finish my business career and hopefully those who come after a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. me in the City of Philadelphia. We were unable to find the real estate that we needed. The reason that we need to move is, we've expanded. We've grown about 400 percent in the last four years and we've grown right out of the facility that we've been in since before I was born. We were able to locate a potential facility down in the Navy Yard and worked hard to purchase it and invest millions of dollars in it. To be quite frank, we were -- I felt we were really rebuffed and that no one really cared much. And I don't mean everybody here, but the people within PIDC that we dealt with really didn't seem to want to keep us. I find it amazing, because the people that we employ make an average of $66 an hour in wages and fringe benefits. Now, that may sound very high, but our fellows work a lot of overtime and they a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. have disposable income. So we have approximately 80 full-time employees, and we moved last week our operations to New Jersey. We're going to keep a sales office here in Philadelphia, and I hope some day that the opportunity will avail itself for us to move back. This is really strange, because we're a company that wanted like the dickens to stay here in Philadelphia, and we tried for three years. We tried to find a place. We tried to work with PIDC, and it just didn't work.
What was the reason PIDC gave you for their unwillingness to turn over the Rotan Building for the old -- I think that's the building you were looking at at the Navy Yard.
That's correct. They were going to study the building to see if there was potentially a better use. I was told that if we were bringing 200 $8-an-hour workers to the facility, a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. that that would be a much better situation for the City than if we retained our workforce there. As a business aspect, I really do find it amazing, because now the City has to go out and they have to find 80 new jobs just to replace that which they've lost just to get back to zero.
Eighty jobs at $66,000 a year, which all pay five percent wage tax.
We were not asking for any concessions. We asked for nothing. We just wanted the opportunity to buy a building, sink millions of dollars into it and continue our work here in Philadelphia. Now, of course, we will continue doing work in Philadelphia, but we have a little bit over 200 Philadelphia vendors that we purchase from and it's probably natural that as we move to a different area, that over time we'll probably gravitate towards vendors a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. who are closer to us, because many of our customers need instant reactions to their problems. So we're really very, very sorry to leave. I really wish it hadn't happened.
Well, we're very sorry to see you go and we're looking into why that happened in separate hearings, and hopefully we'll get you back some day. Thank you very much, Mr. Young, for your testimony, and Mr. Haigler.
Yes. Any other questions? I join my colleague Green in our disappointment that that couldn't happen. For the record, I want to acknowledge in parts of the packets that my Council colleagues got there's a letter of support from Frank Bardonaro and Walter Palmer from the Builders Association. So I wanted folks to know a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. that that's also on there. Councilwoman Blondell Reynolds Brown.
Thank you very much. I simply want to go on the record to acknowledge and commend Councilman James Kenney. I clearly remember when a light bulb went off last year when you were talking about this, and to see that it's come this far and it's real. The amazing part is for as long as you've been in business, to my knowledge, this bill has never had an opportunity to be in play, if you will. Had there been instances where employees have been injured, now this bill would in many ways capture those kind of circumstances.
Ma'am, this is not reactionary in Philadelphia to an accident that's occurred. This is some really great work on the part of the City a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. of Philadelphia to say, Let's do what we can to keep something from occurring. Philadelphia is blessed by having some really high-quality craftspeople and equipment owners, and we've had great success throughout the years, but we can always do better. Cranes have gone from simplicity to being complicated, and I hope that in the future we'll be able to expand this, not just from the six or seven tower cranes that work every day in the City, but to the two or three hundred mobile cranes that run around town lifting things as well. I believe there's more that we can do in the future, and I hope that opportunity some day will be made available.
Thank you. Thanks again to Councilman a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. Kenney for his leadership on this issue. Is there anyone else here to testify on Bill 080622? (No response.)
Seeing none, thank you very much, Mr. Young. We will now move to Bill 9 080546, if the Clerk will read the bill, please.
080546, an ordinance amending Subcode "PM" (The Philadelphia Property Maintenance Code) of Title 4 of The Philadelphia Code, entitled "The Philadelphia Building Construction and Occupancy Code," by amending Section PM-302.4, entitled "Grading and Drainage," by adding certain structures to the provisions prohibiting the accumulation of stagnant water, and making certain technical changes, all under certain terms and conditions. (Witnesses approached witness table.)
In a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. addition to Mr. Haigler from L&I, we have an Izzy Melhem from the Department of Public Health, if he could join you. We can start with Mr. Haigler.
Good afternoon. In the interest of time, I'll synopsize my testimony, if you don't mind, Madam Chair.
Good afternoon, Councilwoman Sanchez 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 080546, which, if enacted, will amend provisions of the Property Maintenance Code related to exterior structures that are unsanitary and improperly maintained, which causes the retention of stagnant water to accumulate, leading to the spread of disease. Inspections of this type are a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. already performed by the Department of Licenses and Inspections and there will be no problem in the future with the Department conducting such inspections for the additional structures that are mentioned in the bill. Thank you for the opportunity to provide the Department's testimony on this bill. I'll be happy to answer any questions at this time.
Thank you. We'll hear from Mr. Melhem, and then if we have any questions. Proceed.
Thank you. Good afternoon, Chairperson Quinones-Sanchez and members of the Committee on Licenses and Inspections. I am Izzat Melhem, Acting Director of Environmental Health Service in the Department of Public Health. Thank you for the opportunity to testify on Bill 080546, which will add certain specific structures to the provisions of the City's Property a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. Maintenance Code that prohibit the accumulation of stagnant water in outdoor vessels intended to contain moving or recirculating water. One of the missions of Environmental Health Services is to protect the health and quality of life of Philadelphians through the control of animals and insects that transmit disease. Mosquitos are known to transmit diseases, and in particular West Nile Virus, to humans. An objective of the Department's Inspector Control Section is to reduce human exposure to the bites of mosquitos through a combination of efforts that include public education, insect treatment, insecticide treatment for adult mosquitos and larvicide treatment or elimination of mosquito breeding sites. Mosquitos spend three of their four life cycles in water, and stagnant water provides a necessary breeding site a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. for the species of mosquitos that carry West Nile Virus. Eliminating even the smallest quantities of standing water outdoors during the warmer months offers one of the safest, most environmentally sound methods of reducing the population of adult mosquitos in the area. To put West Nile Virus disease in perspective, to date in 2008, there have been ten human cases of West Nile Virus in Pennsylvania, with six of these in Philadelphia residents. Nationally, for the same period, there were 1,108 human cases, with fatalities. These 16 numbers will likely increase for this 17 year, as cases generally continue to be 18 reported through October and early 19 November of any given year. In addition, 20 we know that urban areas are affected 21 disproportionately over rural regions when West Nile Virus strikes. As part of our mosquito control program, staff survey outdoor areas during the warmer months to determine a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. adult mosquito population densities, locate mosquito breeding sites and take appropriate follow-up action to remediate the situation. They also respond to a significant number of residents' complaints of stagnant water on neighbors' properties and unused swimming pools and outdoor containers, where we serve the responsible party with notice to correct the problem. We work cooperatively with CLIP, the Community Life Improvement Program, and the Department of Licenses and Inspections making referrals for further enforcement action or remediation when needed. We also work with the Managing Director's Office and the Police Department to perform aerial surveillance in residential areas known to have high numbers of violative conditions on residential properties. Adding specific structures to the provisions of the City's Property Maintenance Code that would prohibit the a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. accumulation of stagnant water in outdoor vessels can only help the Department of Public Health in its continuing efforts to eliminate mosquito breeding. Thank you for allowing me to present testimony today. I will now answer any questions.
Any questions? I want to acknowledge Councilman Greenlee.
Thank you, Madam Chair. Just so I'm clear, who would actually give the violations in this? Would it be L&I or the --
The violations are generally written by our CLIP inspectors that are part of the -- operate under the Managing Director's Office.
All right. I just wanted to make sure of that. a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. Thank you.
We also issue violations. The Health Department also issues violations.
Thank you. What is the amount of the violation, of a fine for violation of the Code?
It's a $75 ticket that's issued to the property owner for correction.
And is that enough to pay for the additional work and inspections that are going to have to occur, do you think? Is that a satisfactory amount or should we be looking at a higher amount?
Well -- a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc.
I mean, has there been any kind of economic analysis on the cost of the additional inspections that are going to have to be done?
So you're asking is the fine sufficient considering the effort --
Generally, yes. People usually comply on the first inspection when we're out there. Sometimes we may have to go back out again, but usually it's the first time.
Great. Thank you very much for your testimony. I want to once again commend a fellow Council colleague for being proactive and putting us probably what would be in leadership among cities in terms of best practices with regard to this legislation. So thank you, a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. Councilwoman.
Just a point of information on Councilman Green's point. If I remember right, I think the fines at some point were increased for the reason that was just discussed, I think.
Well, those are Code fines that are generally imposed by a judge in court, which are different than the tickets that are issued by the inspectors for violations. There are two different sections of the Code that apply to this. So the ticket fines are $75. If the matter were to be referred to court, if we did not get compliance, then the judge could impose a fine up to the statutory amount, the maximum statutory amount.
But a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. hadn't we increased that? Wasn't it below 75 at one time?
We did the sanitation tickets. We did the sanitation tickets recently and in some cases up to $100, but it wasn't this one.
Okay. Well, thank you. Is there anyone else here to testify on Bill 080546? (No response.)
Seeing none, will the Clerk read the Bill 18 080433.
080433, an ordinance amending Chapter 9-600 of The Philadelphia Code, entitled "Services and Other Businesses," by amending Section 23 9-610, entitled "Massage Businesses," by amending the requirements for operation of a massage business, under certain a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. terms and conditions.
Good afternoon, Councilwoman Quinones-Sanchez 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 080433, which, if enacted, will amend Section 9-610 of The Philadelphia Code related to massages in order to remove the prohibition with regard to massages that are performed by licensed masseuses on persons of the opposite sex. The provisions related to massages and how they are performed was first added to The Philadelphia Code in 1963. Without comment, the Department offers no objection to the enactment of this ordinance. Thank you for the opportunity a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. to provide the Department's testimony, and I will be happy to answer any questions.
Thank you. I'm sorry. Does Councilman Clarke want to speak to this bill?
Madam Chair, I just want to say that this bill 10 is by request.
Yes. Thank you. Is there anyone else to testify on this bill? (Witnesses approached witness table.)
Good afternoon. My name is Neil Sklaroff. I'm an attorney with Ballard Spahr here in Philadelphia, and with me today is Richard Lombardo, who is known to you all, but he is a project manager with our firm and formerly Acting Executive Director of the Planning Commission and a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. long-time civil servant. We appear before the Committee in support of this bill, an ordinance 5 amending Section 9-610 of The Philadelphia Code that regulates services and other businesses. Specifically, this bill would strike Section 9-610.4 that makes the treatment by a masseur or masseuse of a person of the opposite sex unlawful. For the following reasons we submit that this section is unnecessary to protect the public interest and stands as an impediment to the operation of spas and salons in Philadelphia: As you may know, Section 610 regulates massage businesses and Section 9-611 regulates masseurs and masseuses. Subsequent to the adoption of those ordinances, City Council amended Section 14-1605 of the Zoning Code to include a business that offers massage among the City's regulated uses. The result of that action was to equate a health or a beauty spa or salon a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. with adult uses. As a regulated use and to operate lawfully, a business that offers massage treatment as a component of its business must meet the strict requirements of the regulated use ordinance or meet the strict requirements for a variance. Over the years, we have represented numerous health spas located in leading Philadelphia hotels and secured variances for the massage component. However, to obtain a variance requires a process that subjects the applicant and the use to great public scrutiny. An applicant must meet with the appropriate Councilperson and with local civic associations. Generally this results in agreements in operating conditions that address local concerns. These agreements deal with a specific business that impacts on specific and special neighborhoods. After that, the applicant and a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. the use must pass muster with the Zoning Board of Adjustment, which again can attach conditions. This is a process that protects, in a much more effective manner, the public interest to a greater extent than does the prohibition subject to today's action. We appear today to speak on behalf of the developers of 10 Rittenhouse Square, the owners of the Alison Building within that project and the Elizabeth Arden Red Door Spa, which will soon open on Rittenhouse Square. In our research for these clients, we became aware of Section 17 9-610, Subsection 4. From further research, we discovered that the section 19 is not, and maybe has never been, enforced in Philadelphia. We believe in fact that this section, for the most part, is just unknown. Elizabeth Arden Red Door Spa, however, having secured its zoning variance for its massage component, intends to comply with all a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. rules and regulations of the City, and because of that, we asked Councilman Clarke to introduce this legislation. We are particularly grateful to Councilman Clarke and to you folks. You have things that are much more popular to champion and to discuss than this matter, but we do ask for the Committee's favorable action in regard to this to do away with -- which is probably a dinosaur regulation and something that just doesn't make sense with regard to the other protections that are available under the various City codes. We thank you very much and we'll be pleased to answer any questions.
Thank you very much. If there's no one here -- Councilman Clarke.
For the a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. record, I just want to make sure that -- I do understand, but for the record, I want to make sure that it's understood that I understand. Essentially, currently there are a significant number of regulations on the books for spas and parlors, massage parlors, and it also requires certain zoning variances, certain community sign-offs, meeting with the local elected official, things of that nature.
Section 9-610 and 611 have a number of requirements requiring licensing, education and the like for the operation of that business all in Philadelphia. Because if a beauty salon has a massage component, if a nail salon has a massage chair, if somebody wants to give a foot massage as part of a pedicure -- these are all things that I've been told about. I don't know personally. But if those things want to happen, that is a regulated use and they a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. need to go get a variance, and the practical part of getting a variance is that we need to go to our Councilpeople to get an okay there. We meet with people on the community and civic associations, and if they have particular concerns about the operation, time, hours and the like, that's incorporated either into an agreement or conditions which the Zoning Board of Adjustment would pass.
And the only thing that this particular bill does is essentially legally authorize a practice that has been in effect as it relates to a male and a female being able to massage a male or a female.
A licensed practitioner of massage will be able to give a treatment to somebody regardless of whether they're of the same sex or not. That's the only thing that this bill does.
That's the only thing this bill does. a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc.
This basically legalizes what's been taking place in the City of Philadelphia in that respect.
I think so. And I will say we have not, even though we've done this for half a dozen high-end salons, we've never come across this before, and suspect that those institutions have been unaware of this provision.
I do want to thank you for bringing this to our attention and also want to suggest to you and to L&I that where there are provisions of the Code that simply are either not enforced or for some reason society has moved way beyond that point, please let us know. We should not have a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. laws on the books that we do not enforce. It creates unnecessary expense. It makes the Code confusing to people who are trying to come and do business here in Philadelphia. So thank you for bringing this to our attention.
Well, thank you. And let me point one other thing out. We would not have bothered Council, but there was no way to get a waiver or a variance or any other kind of relief from this provision. There's just no board to appeal to. So, again, we appreciate the indulgence of Council and the Committee.
Thank you very much. If there's no one else to testify, we're going to close our public hearing and go into our public meeting. The Committee on L&I will consider Bill 080622. I'm going to recognize my Council colleague Greenlee for the proposed amendment.
Thank a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. you, Madam Chair. I offer an amendment that was proposed by the sponsor, Councilman Kenney, and I move the adoption of that amendment. (Duly seconded.)
All in favor of the amendment to Bill 080622 signify by saying aye. (Aye.)
The amendment is accepted, and, therefore, if Councilman Greenlee will so move the bill 20 as amended.
Thank you, Madam Chair. I move Bill No. 23 080622, as amended, be reported out of this committee with a favorable recommendation and move further that the a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. rules of Council be suspended to allow for first reading at our next session of Council.
Okay. Bill 080622 has passed and will be recommended out of Committee, with a request for the suspension of the rules and it will be heard at our next public session. With that, I'd like to recognize my colleague Bill Green for a motion on Bill 0805 -- I want to a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. recognize Councilwoman Blondell Reynolds for a motion on Bill 080546.
Thank you, Madam Chair. I move that Bill 080546 be moved out of Committee with a favorable recommendation and further move that the rules of Council be suspended so as to permit first reading. (Duly seconded.)
So we'll move Bill 080546, with a request for the rules to be suspended and it will be heard at our next public session. With that, I acknowledge Councilman Green for a motion on Bill 23 080433.
I move that Bill No. 080433 be reported out of this a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. committee with a favorable recommendation and, further, that the rules be suspended to permit a first reading in Council at the next Council session. (Duly seconded.)
Seeing none, we will approve Bill 080433 and it will be on our next public session. I want to thank you for coming. With no other business, we will close the meeting. Councilman Green?
Move to adjourn, seconded by Councilwoman Blondell Reynolds. a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated 10/23/08 - L&I - BILL 080433, etc. This concludes our public session for the Committee on Licenses and Inspections. Thank you, everyone. (Committee on Licenses and Inspection adjourned at 1:45 p.m.) - - - a7428c5c-78d7-4d33-a517-aa9dc324a6cd (215) 561-2220 V A R A L L O Incorporated CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on October 23, 2008, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)