**Memorandum (** sent via email **)**

Date: November 12 th 2015

To: Federal Aviation Administration

From: Annabelle Radcliffe

- Trenner, AIA, RIBA, LEED AP

Re: (a) Title 14 CFR

Enclosures: (1) Explanation of Exemptions from 1 4 C.F.R.

To Whom it May Concern :

Since 1996

, Historic Building Architects, LLC (HBA) has been privileged to work on some of the most recognizable and high profile historic buildings on the East Coast . Our work includes condition assessments of historic building structures.

A s a professional architectural practice, we are required to perform many different inspections on

the outside of existing buildings. These determine the scope of repairs to building exteriors and are focused on ensuring the safety of the gen eral public using sidewalks below. We have found that by using a s mall unmanned aircraft system “ UAS” with a high resolution camera mounted on it, often times we can accomplish the same inspection and alleviate the need to put our employees

in danger or at least minimize the use of close up inspections using high reach lifts

.

HBA sha res Congress’s goal of getting UAS flying commercially in the United States safely and soon. In the FAA Modernization and Reform Act of 2012, Congress directed the FAA “t o safely accelerate the integration of civil unmanned aircraft systems into the national airspace system” and, under Section 333 of that law, gave the FAA power to grant innovators “expedited operational authorization” to do so. By this petition, HBA is se eking authoriz ation to conduct UAS operations on existing structures in order to improve safety for our employees and develop guide and efficient methods of determining the condition of high level building elements such as cornices and façade masonry that ar e found to be unsafe and in need of urgent stabilization

.

Further, granting this request will do nothing more than allow HBA to do what thousands of hobbyists and manufacturers of model aircraft do every day, except we will abide by much stronger safety measures.

**Information Supporting this Petition as Specified in 14 C.F.R. §11.81** 



### A. **Mailing address and other contact information:** 

Historic Building Architects, LLC

RE: Quad Copter OperationsFederal Aviation Administration

November 12th 2015 Page 2 of 6

312 West State Street Trenton, NJ 08618

Tel (609) 393

- 3999

, Fax (609) 393

- 4333



### B. **The specific section or sections of 14 C.F.R from which HBA**  **seeks exemption.** 



### 1. 14 CFR Part 21, Subpart H: Airworthiness Certificates.


### 2. 14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.



### 3. 14 CFR 45.23 Display of Marks; General and 45.29 Size of Marks.



### 4. 14 CFR 91.9 Civil Aircraft Flight Manual, Marking, and Placard Requirements.


### 5. 14 CFR 91.119 Minimum Safe Altitudes.


### 6. 14 CFR 91.121 Altimeter Settings.



### 7. 14 CFR 91.151 Fuel Requirements for Flight in VFR Conditions.



### 8. 14 CFR Subpart E (91 .401

- 91.417)

- Maintenance, Preventive Maintenance, and

Alterations.


### 9. FAA Notice 8900.227 Paragraph 16(c) (4) PIC Medical and Paragraph 16(e)(1) Observer

Medical.



### C. **The extent of relief HBA**  **seeks, and the reason HBA**  **seeks the relief.** 

HBA seeks exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 91, and FAA Notice 8900.227 to the extent necessary to engage in commercial operations of a UAS

. If granted

these e xemptions we would operate the UAS with the property owner’s written permission. HBA’s

int ent is to use a UAS for the following inspections:



### 1. Surveying in hard to reach areas of buildings.


### 2. Roof Top Inspections.



### 3. Building Exterior Envelope Inspections.



### 4. Visual Documentation of Existing Conditions using photo perspective connected drawings.


### 5. Quality Control / Quality Assurance Inspections.


### 6. Façade inspection in accordance with current City inspection ordinances, as legislated in City building codes.

We have detailed, below and in enclosure (1), a significant set of safeguards that will apply to our

pro posed U AS inspection operations. Operations under these safeguards will provide a level of safety exceeding the level of safety required of similar UAS operations that the FAA authorizes currently. In addition, our operations will not create a hazard to users of the national airspace system or the public or pose a threat to national security and are thus consistent with the congressional mandate in Section 333 of the FAA modernization and Reform Act of 2012, which gi ves the FAA a mechanism to allow certain UAS to operate safely in the national airspace system.



### D. **The reasons why granting HBA’s**  **request would be in the public interest; that is, how it would benefit the public as a**  **whole.**

This would benefit the public by giving HBA a capable risk mitigated inspection platform. The proposed UAS gives HBA an alternative to sending our employees into dangerous situations or placing large equipment next to occupied building spaces in order to accomplish necessary andFederal Aviation Administration

November 12th 2015 Page 3 of 6

required building inspections. In addition, th ese relatively quick and efficient methods of inspection of building facades will allow HBA to identify unstable and dangerous building façade elements and ensure proper protection belo w to prevent injury to members of the public.

The City of Philadelphia’s Property Maintenance C ode requires all building owners to maintain

their buildings in good repair, structurally sound and sanitary so as to not impose a threat to the public. Additi onally, the code establishes requirements of periodic inspections of exterior walls and appurtenances of certain buildings and the filing of reports of such inspections.

Unmanned Aircraft System : HBA’s proposed UAS operations would use a Phantom 2 quadroco pter with a Zenmuse H3

- 3D camera gimbal , both manufactured by DJL

. The Zenmuse HE

- 3D camera gimbal will hold a GoPro Hero 3 for capturing photographs and video. The total weight of the Phantom 2 including payload is 2 pounds, 14.138 ounces.

The a forementioned Phantom 2 utilizes the DJI Naza

- M V2 flight control system. The aircraft has the capability to hover and move in the vertical and horizontal plane simultaneously. The aircraft is equipped with a global positioning system (GPS), Inertial Meas urement Unit (IMU),

and Compass that work in unison to stabilize the aircraft and render safety features. The aircraft can be programmed to not fly above 400 feet AGL and to not fly outside of a predetermined flight zone. These system s will also initiate t he fails afe function. If the aircraft l oses the signal from the transmitter, the GPS system will automatically initiate the failsafe mode and fly the aircraft back to a predetermined location and land automatically.



### E. **The reasons**  **why granting**  **the exemption**  **would not**  **adversely affect**  **safety, or**  **how the**  **exemption would provide a level of safety at least equal to that provided by the rule from** 

**which HBA**  **seeks the exemption.** 

HBA UAS operations will provide a level of safety that far exceeds the level of safety required by the FAA for hobbyists and manufacturers of model aircraft. The following operating procedures will apply during the UAS inspection operations under this exemption request.



### 1. The UAS that HBA has chosen to work with has an operational weight of l ess than 3 pounds and will be powered via a battery source. HBA will only use UAS that are below 55 pounds now and in the future if these exemptions are granted.



### 2. HBA inspection operations will be conducted:


### i. within the visual line of sight of the Pilot in Command (PIC) and one or more Visual Observers (VO)


### ii. at less than 400 feet AGL


### iii. within Class G airspace



### 3. A Pilot

- in

- Charge (PIC) who holds an FAA Private Pilot license and understands the importance of FAA designated safety concerns relating to airspace restrictions will conduct HBA inspection operations

. Analysis will take place in a confined area over isolated private
property , with the owner’s consent, located at least 5 miles away from any airport, heliport, seapl ane base, spaceport or other location with aviation activities, and any military or U.S.Federal Aviation Administration

November 12th 2015 Page 4 of 6

government installations or airfields. If we are within the 5 mile radius of any of the above

installations HBA will seek written approval from th at installation’s owner before UAS inspection operations take place. If said installation owner requires stricter guidelines for operation then HBA will comply.



### 4. All UAS operations will remain within the lateral and vertical boundaries of the operating

are a, taking into account all factors, including wind under 15 knots , gross weight glide

distances and speed, less than 27 knots ma y affect the capability of the UAS to remain within the airspace boundary; moreover, the ceiling height will be no more than 400 feet

AGL.



### 5. HBA ’s UAS inspection operations under this exemption will be conducted under the supervision designated PIC who ultimately has final responsibility for the operation in

accordance with 14 C.F.R. 91. 3.



### 6. HBA will maintain the UAS system in a cond ition for safe operation, and conduct a

pre

- flight inspection prior to each f light so as to ensure that the UAS, control station, data link equipment, camera, and support equipment are in a condition for safe operation and in a configuration appropriate fo r the purpose of the intended flight.



### 7. The PIC and VO will maintain two

- way communications with each other during all operations; if unable to maintain two

- way communications, or if any condition occurs that may otherwise cause the operation to be unsafe, the operator will immediately conclude the operation.



### 8. Each UAS that HBA will employ under this exemption will safely return automatically to a home location designated by the PIC if the communications link is lost.



### 9. The aircraft documentation required by 14 C.F.R. §§ 91.9 and 91.203(b), as applicable, will

be available to the PIC referred to above at any time HBA UAS is operating.



### 10. Training: HBA has established a training program for the PIC and VO. The PIC will be an FAA licensed airman with at least a private pilot certificate and a third

- class medical

certificate. The Visual Observer ( VO ) will assist the PIC in all UAS operations from the onset of training and hold considerable knowledge in the use and maintenance of UAS.

The PIC training will involve 25 hours of UAS flight training. This training will include 250 flight cycles (takeoffs and landings)

, and 10 of the 25 hours will involve the DJI

Phantom 2 that will be used in HBA’s proposed UAS operations. All pilot training will be

documented in the Historic Building Architects’ Pilot and Aircraft Logs

.

HBA will effectively operate under our own standard operating procedures that will provide additional safeguards that go far bey ond the level of safety for public model airplane fields.Federal Aviation Administration

November 12th 2015 Page 5 of 6



### F. **A summary the FAA can publish in the Federal Register, stating: (1) The rule from which**

**you seek the exemption; and (2) A brief description of the nature of the exemption you**  **seek.**

We, Historic Building Architects , LLC (HBA) are seeking an exemption of the FAA’s Sec 333 ruling that does not allow the use of an Unmanned Aircraft to be used for Commercial purposes in regards

to National Airspace Safety. We are simply petitioning for an exemption t o provide a commercial service to private and public building and land owners who wish to have their property safely and efficiently analyzed to accurately diagnose unsafe conditions threatening the safety and well

- being of the public. When flying for this and only this commercial purpose we would fly at maximum altitude of 400 feet, flying vertically and horizontally for the purpose of taking close

- up photos and videos of building material details and conditions. A Pilot

- in

- Charge (PIC) who holds an FAA Pr ivate Pilot license and understands the importance of FAA designated safety concerns relating to airspace restrictions will operate the UAS. The PIC’s general knowledge of the aviation safety standards implemented by the FAA would ensure that the safety of the general public would not be compromised. We appreciate the FAA’s consideration of this petition for exemption

.



### 1. Sections of 14 C.F.R. Affected: §§ Part 21, Subpart H; 91.203; 45.23; 91.9; 91.119; 91.121; 91.151; Subpart E; and 8900.227 para (16)(4).



### 2. Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. §§

Part 21, Subpart H; 91.203; 45.23; 91.9; 91.119; 91.121; 91.151; Subpart E; and 8900.227

para (16)(4)in order to conduct commercial small unmanned aircraft system operations on supported construction sites with owner approval subject to operating procedures that meet or exceed those that FAA requires for similar operations.



### G. **Any additional information, views, or arguments available to support your request.** 

**HBA intend**  **s to follow these**  **s afety**  **standards :** 

• Always require a minimum of 2 persons, a PIC and a VO operating the UAS

• Only fly UAS when properly oriented with GPS capability and in controllable settings

• Always keep UAS with in sight and under control

• Always keep unauthorized pe rsons at least 35 feet away from grounded UAS

• Always use fully charged batteries for all equipment

• Always remove batteries before disassembly

• Always have a first aid kit on site and in close range of operator

• Never touch moving parts w hen UAS is operable

• Never operate UAS with damaged parts

• Always maintain updated software for UAS

• Request written authorization from building or land owner

• Relocate all personal property, such as parked cars, in the vicinity of UAS flight path

• If necessar y, close off sidewalks or roads adjacent to UAS operation

Please see additional information:

Attachment A: Historic building Architects bio graphy and philosophy

Attachment B: PM

- 304.10 Periodic Inspection of Exterior Walls and Appurtenances of Building

from “ Title 4

. Philadelphia Building Construction and Occupancy Code ”Federal Aviation Administration

November 12th 2015 Page 6 of 6



### H. **If you want to exercise the privileges of your exemption outside of the United States, the reason why yo**  **u need to do so.** 

HBA does not wish to exercise the se privileges of this exemption outside of the United States at this

time. Thank you for your consideration and I look forward to your response. I can be contacted directly via email or cell phone at your convenience.

Respectfully,

Annabelle Radcliffe

- Trenner, AIA, RIBA, LEED AP , Principal Historic Building Architects, LLC

312 West State Street Trenton, NJ 08618 Cell (908) 420

- 2885

art@hba

- llc.com

### ATTACHMENT	A

Historic B uilding Architects B iography and P hilosophyHBA’s Offices at the Emlen House, c.1796 Historic Building Architects, LLC (HBA) specializes in architecture, historic preservation and materials conservation to help preserve and interpret our shared cultural heritage. We seek especially to serve the needs of owners, stewards and those who care for buildings in the public realm.

Historic Building Architects, LLC | 312 West State Street, Trenton, New Jersey 08618 | tel. 609-393-3999 | www.hba-llc.com Historic Morven Princeton, NJ DESIGN PHILOSOPHY

• Assist owners and stewards of historic buildings to develop an understanding of the cultural, social and economic value of the properties.

• Develop a preservation plan philosophy based on research, documentation, and material investigation.

• Guide intervention and restoration to preserve the cultural values of historic properties for future generations.

• Facilitate the development of realistic preservation goals for historic properties.

AWARDS & ACHIEVEMENTS

2014 The Victorian Society in America Award, Iviswold Castle, Felician College, Rutherford, NJ

2013 New Jersey Historic Preservation Award for the Interior Restoration & Adaptive Use at Felician College, Rutherford, NJ

2013 New Jersey Historic Preservation Award for the Phase I Restoration & Rehabilitation of Greenwood Gardens, Short Hills, NJ

2012 Preservation Achievement Award for the Phase I Rehabilitation Project at Saint Francis de Sales, Philadelphia, PA

2011 Faith & Form Merit Award for Architectural Restoration for the St. Bernard’s Episcopal Church, Bernardsville, NJ

2011 New Jersey State Historic Preservation Award for the Kennedy-Martin-Stelle Farmstead, Basking Ridge, NJ

2010 New Jersey State Historic Preservation Award for the John Frederick Peto House and Studio, Island Heights, NJ

2010 New Jersey State Historic Preservation Award for the First Presbyterian Church on the Green, Bloomfield, NJ

2009 New Jersey State Historic Preservation Award for St. Bernard’s Episcopal Church, Bernardsville, NJ

2009 Annabelle Radcliffe-Trenner and Sophia Jones become LEED Accredited Professionals

2009 Sophia Jones, Assoc. AIA honored as Intern Architect of the Year by the American Institute of Architects/New Jersey Chapter

2007 New Jersey Historic Preservation Award for Felician College, Rutherford, NJ

2006 New Jersey Historic Preservation Award for St. Peters Episcopal, Perth Amboy, NJ

2005 New Jersey Historic Preservation Award for Allentown Public Library, Allentown, NJ

2003 New Jersey Historic Preservation Award for Grace Episcopal Church, Plainfield, NJ

2003 New Jersey Historic Preservation Award for Historic Walnford, Upper Freehold, NJ

2001 New Jersey Historic Preservation Award for Historic Morven, Princeton, NJ Iviswold Castle at Felician College, Rutherford, NJ

For additional information and inquiries, contact us at info@hba-llc.com Principal Annabelle Radcliffe-Trenner,
AIA, RIBA, LEED AP Museum of Early Trades & Crafts Madison, NJ Passaic County Court House Paterson, NJ

### Historic Building Architects, llc | 312 West State Street, Trenton, NJ 08618 | tel. 609-393-3999 | www.hba-llc.com 

### Please contact us for more information: 

### A Sample from our Portfolio:

The Gustav Stickley Museum at Craftsman Farms, Morris Plains, NJ

Phase III Restoration: 2003* Museum of Early Trades and Crafts, Madison, NJ

Preservation Plan: 2011 Phase I Restoration: Ongoing The Derrick Van Veghten House, Bridgewater, NJ Historic Structure Report: 2004

Phase I Restoration: 2009

Phase II Restoration 2010

Phase III Restoration: 2011

Iviswold Castle at Felician College, Rutherford, NJ Historic Structure Report: 2001*

Exterior Rehabilitation: 2004*

Interior Rehabilitation: 2012* Peachfield Plantation
Westampton, NJ

Vision Plan: 2008*

North Terrace Restoration Project: 2009* The Factory at Historic Speedwell, Morristown, NJ Historic Structure Report: 2006

Restoration & Rehabilitation Project: 2010

Historic Morven Princeton, NJ

Phase I Exterior Restoration 2001*

Phase II Interior Restoration: 2003* Carriage House Preservation

Plan: 2002* Greenwood Gardens, Short Hills, NJ

Preservation Plan: 2004*

Phase I Rehabilitation: 2011* The Frazee House, Scotch Plains, NJ Emergency Stabilization: 2006* Feasibility & Vision Plan: 2011*

* Projects Previously Funded by the NJHT

### ATTACHMENT	B

PM

- 304.10 Periodic Inspection of Exterior Walls and Appurtenances of Building

### PM-304.10 Periodic Inspection of Exterior Walls and Appurtenances of Buildings.

Retrieved from “Title 4. The Philadelphia Building Construction and Occupancy Code”



### PM-304.10.1 Definitions. The following definitions shall apply to this subs ection PM-304.10 :

Affected Buildings. All buildings six or more stories in height; all b uildings with any appurtenance in excess of 60 feet in height; and an y building located in the following areas, other th an one- or two-family dwellings, greater than two stor ies:

Reserved.

Professional. A Commonwealth of Pennsylvania licensed Profession al Engineer experienced in the practice of structural engineering or a license d Registered Architect knowledgeable in the design, construction, and inspection of building facades.

Safe. A condition of a building wall or any appurtenance thereto that is neither an Unsafe condition nor Safe with a Repair and Maintenance Pr ogram.

Safe with a Repair and Maintenance Program. A condition of a building's exterior wall or any appurtenance thereto or any part thereof that the P rofessional does not consider Unsafe at the time of inspection, but requires repairs or maintenance wit hin a time period designated by the Professional in order to prevent its deterioration into an Unsafe c ondition.

Unsafe condition. A condition of a building's exterior wall or any a ppurtenance thereto or part thereof that is dangerous to persons or property an d requires prompt remedial action.

PM-304.10.2 Inspections Required.

PM-304.10.2.1 The owner of each Affected Building shall be respon sible for retaining a Professional to conduct periodic inspections of ext erior walls and any appurtenances thereto, except f or those parts of any exterior wall which are less tha n twelve inches from the exterior wall of an adjace nt building, and to prepare and file a report on such inspection as required by this Section.

PM-304.10.2.2 For Affected Buildings, the first inspection requir ed by this Section shall be conducted as shown in the following schedule:

Construction Date Report to be completed no

later than:

Prior to and including 1950 June 30, 2011

1951 - 1970 June 30, 2012

1971 - 1980 June 30, 2013

1981 -1990 June 30, 2014

### PM-304.10 Periodic Inspection of Exterior Walls and Appurtenances of Buildings.

Retrieved from “Title 4. The Philadelphia Building Construction and Occupancy Code”



### 1991 - 2005 June 30, 2015

If the date of construction cannot be determined by the owner, the first inspection must be performed by June 30, 2011. For all other buildings, the first i nspection shall be conducted, and required report s hall be filed, within ten years after the certificate of occupancy was issued.

PM-304.10.2.3 Following the Initial Inspection, an Affected Build ing shall be re-inspected, and the required report shall be filed, on a five-year cycle based on the original schedule.

PM-304.10.2.4 If all facades of an Affected Building have been su bstantially restored during the five years immediately preceding the date of any re quired inspection, the owner may apply to the Department for a waiver of the required inspection. The owner shall submit with such application such information as the Department determines is necessa ry to enable it to evaluate the request. The Department shall grant the waiver if it determines that the recent facade restoration obviates the nee d for an inspection until the next inspection cycle.

PM-304.10.3 Inspection Procedures.

PM-304.10.3.1 Before inspecting an Affected Building, the retaine d Professional shall review previous reports, inspections, and evidence of repa irs made in the past 5 year period, including confirmation that all areas previously determined t o require remediation in less than 5 years (as note d in any previous report) have been addressed.

PM-304.10.3.2 The inspection shall be conducted by or under the s upervision of the Professional, and performed to the best of his/her knowledge and belief. The Professional shall determine the extent of the inspection required, based upon the known hi story of the building, the nature of the materials used, and the conditions observed. The Professional shall determine methods employed in the inspection, but need not be physically present at t he location where the inspection is made.

PM-304.10.3.3 The methods used to inspect a building shall permit a physical, hands-on inspection of the building. The Professional may us e other methods of inspection as deemed appropriate

, except that a physical inspection from a scaffold o r other observation platform is required for a representative sample of the exterior wall. The Pro fessional shall determine what constitutes a representative sample.

PM-304.10.3.4 The Professional shall employ the appropriate profe ssional standard of care to detect distressed conditions such as delaminating, separating, splitting or fracturing of material or components as well as movement or displacement indi cative of unsound facade materials or loss of structural support. If a distressed condition is id entified, the Professional shall order any other inspections and/or tests that may be required to de termine the significance and probable cause of the

observed distress.

### PM-304.10 Periodic Inspection of Exterior Walls and Appurtenances of Buildings.

Retrieved from “Title 4. The Philadelphia Building Construction and Occupancy Code”



### PM-304.10.3.5 During the course of the inspection, photographs sh all be taken and/or sketches made to properly document the location of all condi tions observed that are either Unsafe or Safe with a Repair and Maintenance Program.

PM-304.10.3.6 Upon discovery of any Unsafe condition the Professi onal shall immediately notify the owner of the building by electronic mail or by fax; and shall, within 12 hours of discovery, notif y the Department in writing and in an electronic format d etermined by the Department.

PM-304.10.4 Report Requirements.

PM-304.10.4.1 The Professional shall submit to the owner of the b uilding a written report as to the result of each inspection, certifying that the inspection was performed and completed in accordanc e with this Code, and detailing all conditions not cl assified as Safe. The Professional shall also submi t a summary of the written report to the Department in a form determined by the Department. The Department may by regulation impose a processing fe e, not to exceed one hundred dollars ($100), that must be paid upon submission of the summary of the written report. If the report identifies an Unsafe condition, then the Professional, within 24 hours o f completion of the report, shall file the full rep ort with the Department in writing and in an electronic format determined by the Department. The owner or its agent shall retain all written reports submitte d pursuant to this Section and keep them readily available for inspection by the Department.

PM-304.10.4.2 The report shall include, on the front page, the na me and license number of the Professional and shall be signed, sealed and dated by the Professional in accordance with the professional registration laws of the Commonwealth of Pennsylvania, and shall include:

1. The address and the location from the nearest intersection.

2. The name, mailing address, an d telephone number of the owner of the building and of the owner's agent or person in charge, possession or co ntrol of the building, if any.

3. A description of the building , including number of stories, height, plan dimensi ons, usage, age and type of exterior wall construction, and sys tem of water management.

4. A brief history of any settle ments, repairs, revisions to exterior enclosures, i f available.

5. The date of the start and com pletion of the inspection, a detailed description o f the procedures used in making the inspection, and the e xtent and location of all physical inspections performed.

6. A report of all conditions in cluding but not limited to significant deterioratio n and movement observed as well as a statement concerning the apparent water-tightness of the exterior surfaces, and the deleterious effect of exterior ap purtenances, including exterior fixtures, flagpoles

, signs, parapets, copings, guard rails, window frame s (including hardware and lights), window guards,

### PM-304.10 Periodic Inspection of Exterior Walls and Appurtenances of Buildings.

Retrieved from “Title 4. The Philadelphia Building Construction and Occupancy Code”



### window air conditioners, flower boxes, and similar items. The report shall classify each such conditio n as Safe, Unsafe, or Safe with a Repair and Maintena nce Program.

7. The probable causes of the re ported conditions.

8. The status of the exterior ma intenance.

9. For any conditions listed in the previously filed report (if any), whether such conditions have been repaired and/or maintained as recommended in that report.

10. Recommendations for repairs or maintenance, if appropriate, including the recommended time frame for the repairs or maintenan ce to be performed.

11. The classification of the bu ilding according to the following scheme:

a. "Unsafe", if there is at least one unsafe condition.

b. "Safe with a Repair and Maintenance Program", if there is a condition that is "Safe with Repair and Maintenance Program" and there are no Unsafe conditions.

c. "Safe", in all cases oth er than (a) or (b).

12. Photographs and/or sketches documenting the locations of any conditions that ar e either Unsafe or Safe with a Repair and Maintenance Progra m.

13. A statement by the Professio nal indicating which repairs and/or maintenance req uire the obtaining of work permits prior to their commenceme nt.

14. A statement signed by the ow ner or agent of the building, acknowledging receipt of a copy of the report and acknowledging all required r epairs and/or maintenance (if any) and the recommended time frame for performing such repairs and/or maintenance.

15. The Professional's certifica tion that the physical inspection was performed in accordance with applicable rules and regulations and within th e appropriate professional standard of care.

16. The Professional's seal and signature.

17. Such other matters as the De partment may by regulation require.

PM-304.10.4.3 The Professional may submit an amended report withi n thirty (30) days of the initial submission. The amended report shall clearl y indicate any change from the initial report and a ll reasons for such changes.

PM-304.10.5 Unsafe Conditions.

### PM-304.10 Periodic Inspection of Exterior Walls and Appurtenances of Buildings.

Retrieved from “Title 4. The Philadelphia Building Construction and Occupancy Code”



### PM-304.10.5.1 Within twenty-four (24) hours of being notified of an Unsafe condition by a Professional, the owner of a building shall take an y actions necessary to protect public safety, such as erecting sidewalk sheds, fences, and/or safety nett ing. Such actions shall be considered as an effort to remedy an emergency situation and appropriate permi t applications shall be submitted within the next three (3) days to the Department.

PM-304.10.5.2 Within ten (10) days of the receipt or filing of a report identifying an Unsafe condition, the owner of a building shall commence w ork to correct the condition and work shall continue without interruption until the Unsafe cond ition has been corrected, unless there has been an unforeseen delay (e.g. weather, labor strike). With in two weeks after the Unsafe condition has been corrected, the Professional shall reinspect the bui lding and file with the Department a detailed amend ed report stating the condition of the building.

PM-304.10.6 Conditions That Are Safe with a Re pair and Maintenance Program.

PM-304.10.6.1 The owner of the building is responsible for ensuri ng that the conditions described in the report as "Safe with a Repair and Maintenanc e Program" are repaired and the actions identified by the Professional are completed within the time fram e designated by the Professional or by such time necessary to prevent a condition from becoming an U nsafe condition, whichever is sooner.

PM-304.10.7 Extensions.

PM-304.10.7.1 The Department may grant an extension of time of up to ninety (90) days to begin the repairs required to remove an Unsafe condition or to repair a Safe with a Repair and Maintenance Program condition, after receipt and review of an i nitial extension application submitted by the

Professional which includes:

1. Proof that the premises have been made safe by means of a shed, fence, or other appropriate measures.

2. A copy of the contract indica ting the scope of work necessary to remedy the Unsa fe condition(s).

3. The Professional's estimate o f the length of time required for repairs, and a no tarized affidavit by the owner of the building or its agent that work will be completed within such time.

PM-304.10.7.2 A further extension of time will be considered by t he Department only upon receipt and review of a further extension applicati on which details that one of the following is met:

1. The work has been substantial ly completed, but there has been an unforeseen dela y (e.g. weather, labor strike).

2. Unforeseen circumstances (e.g ., fire, building collapse).

### PM-304.10 Periodic Inspection of Exterior Walls and Appurtenances of Buildings.

Retrieved from “Title 4. The Philadelphia Building Construction and Occupancy Code”



### 3. The nature of hazard requires more than 90 days to remove (e.g., new wall to be built).

PM-304.10.8 Appeals.

PM-304.10.8.1 The owner of the building may appeal the findings s et forth in the Professional's initial report or amended report to the Board of Bu ilding Standards. Such appeal must be filed within thirty (30) days of the receipt or filing of the re port, and must include a second Professional's repo rt. The filing and pendency of such an appeal shall stay th e requirement for making repairs as set forth in PM

304.10.5.2, but not the requirement for taking acti ons necessary to protect public safety as set forth in

PM-304.10.5.1.

PM-304.10.8.1.1 Upon consideration of any such appeal, the Board sh all issue a recommendation to the Commissioner either to grant the appeal; deny the appeal; or grant the appeal with such proposed modifications to the Professiona l's findings as the Board deems consistent with the

intent of this Section. The Commissioner thereafter shall make the final determination on the appeal.

PM-304.10.8.1.2 The owner of the building may appeal the determinat ion of the Commissioner to the Board of License and Inspection Review, pursuant to the procedures set forth in

Section A-803.2 of The Administrative Code.