Memorandum (sent via email)

Date: November 12th 2015

To: Federal Aviation Administration

From: Annabelle Radcliffe-Trenner, AIA, RIBA, LEED AP

Re: (a) Title 14 CFR

Enclosures: (1) Explanation of Exemptions from 14 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.

As 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 general public using sidewalks below. We have found 

that by using a small 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 shares 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 “to 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 seeking authorization 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 are 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 Operations
Federal 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 exemptions we would operate the UAS with the property owner’s written permission. HBA’s

intent 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 

proposed UAS 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 

gives 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 and
Federal Aviation Administration

November 12th 2015

Page 3 of 6

required building inspections. In addition, these 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 below to prevent injury to members of the public.

The City of Philadelphia’s Property Maintenance Code 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. Additionally, 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 quadrocopter 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 aforementioned 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 Measurement 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 systems will also initiate the failsafe function. If the aircraft loses 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 less 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, 

seaplane 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 that 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 

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

distances and speed, less than 27 knots may 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 condition for safe operation, and conduct a 

pre-flight inspection prior to each flight 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 for 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 beyond 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 

youseek 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 to 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 Private 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 intends to follow these safety 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 within sight and under control

• Always keep unauthorized persons 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 when 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 necessary, close off sidewalks or roads adjacent to UAS operation

 Please see additional information:

Attachment A: Historic building Architects biography 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 you need to do so.

HBA does not wish to exercise these privileges of this exemption outside of the United States atthis 

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 Building Architects Biography and Philosophy
HBA’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 subsection PM-304.10: 

 Affected Buildings. All buildings six or more stories in height; all buildings with any 

appurtenance in excess of 60 feet in height; and any building located in the following areas, other than 

one- or two-family dwellings, greater than two stories: 

 Reserved.

 Professional. A Commonwealth of Pennsylvania licensed Professional Engineer experienced in 

the practice of structural engineering or a licensed 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 Program. 

 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 Professional does not consider Unsafe at the time of

inspection, but requires repairs or maintenance within a time period designated by the Professional in

order to prevent its deterioration into an Unsafe condition. 

 Unsafe condition. A condition of a building's exterior wall or any appurtenance thereto or part 

thereof that is dangerous to persons or property and requires prompt remedial action. 

 PM-304.10.2 Inspections Required.

 PM-304.10.2.1 The owner of each Affected Building shall be responsible for retaining a 

Professional to conduct periodic inspections of exterior walls and any appurtenances thereto, except for 

those parts of any exterior wall which are less than twelve inches from the exterior wall of an adjacent 

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 required 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 inspection shall be conducted, and required report shall 

be filed, within ten years after the certificate of occupancy was issued. 

 PM-304.10.2.3 Following the Initial Inspection, an Affected Building 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 substantially restored during the 

five years immediately preceding the date of any required 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 necessary to enable it to evaluate the request. The 

Department shall grant the waiver if it determines that the recent facade restoration obviates the need 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 retained Professional shall review 

previous reports, inspections, and evidence of repairs made in the past 5 year period, including 

confirmation that all areas previously determined to require remediation in less than 5 years (as noted in 

any previous report) have been addressed. 

 PM-304.10.3.2 The inspection shall be conducted by or under the supervision 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 history 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 the 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 use other methods of inspection as deemed appropriate, 

except that a physical inspection from a scaffold or other observation platform is required for a 

representative sample of the exterior wall. The Professional shall determine what constitutes a 

representative sample. 

 PM-304.10.3.4 The Professional shall employ the appropriate professional standard of care to 

detect distressed conditions such as delaminating, separating, splitting or fracturing of material or 

components as well as movement or displacement indicative of unsound facade materials or loss of 

structural support. If a distressed condition is identified, the Professional shall order any other 

inspections and/or tests that may be required to determine 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 shall be taken and/or sketches 

made to properly document the location of all conditions 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 Professional shall immediately notify 

the owner of the building by electronic mail or by fax; and shall, within 12 hours of discovery, notify the 

Department in writing and in an electronic format determined by the Department. 

 PM-304.10.4 Report Requirements.

 PM-304.10.4.1 The Professional shall submit to the owner of the building a written report as to 

the result of each inspection, certifying that the inspection was performed and completed in accordance 

with this Code, and detailing all conditions not classified as Safe. The Professional shall also submit a 

summary of the written report to the Department in a form determined by the Department. The 

Department may by regulation impose a processing fee, 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 of completion of the report, shall file the full report 

with the Department in writing and in an electronic format determined by the Department. The owner or 

its agent shall retain all written reports submitted 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 name 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, and telephone number of the owner of the building and of the 

owner's agent or person in charge, possession or control of the building, if any. 

 3. A description of the building, including number of stories, height, plan dimensions, usage, 

age and type of exterior wall construction, and system of water management. 

 4. A brief history of any settlements, repairs, revisions to exterior enclosures, if available. 

 5. The date of the start and completion of the inspection, a detailed description of the 

procedures used in making the inspection, and the extent and location of all physical inspections 

performed. 

 6. A report of all conditions including but not limited to significant deterioration and 

movement observed as well as a statement concerning the apparent water-tightness of the exterior 

surfaces, and the deleterious effect of exterior appurtenances, including exterior fixtures, flagpoles, 

signs, parapets, copings, guard rails, window frames (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 condition 

as Safe, Unsafe, or Safe with a Repair and Maintenance Program. 

 7. The probable causes of the reported conditions. 

 8. The status of the exterior maintenance. 

 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 maintenance to be performed. 

 11. The classification of the building 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 other than (a) or (b). 

 12. Photographs and/or sketches documenting the locations of any conditions that are either 

Unsafe or Safe with a Repair and Maintenance Program. 

 13. A statement by the Professional indicating which repairs and/or maintenance require the 

obtaining of work permits prior to their commencement. 

 14. A statement signed by the owner or agent of the building, acknowledging receipt of a 

copy of the report and acknowledging all required repairs and/or maintenance (if any) and the 

recommended time frame for performing such repairs and/or maintenance. 

 15. The Professional's certification that the physical inspection was performed in accordance 

with applicable rules and regulations and within the appropriate professional standard of care. 

 16. The Professional's seal and signature. 

 17. Such other matters as the Department may by regulation require. 

 PM-304.10.4.3 The Professional may submit an amended report within thirty (30) days of the 

initial submission. The amended report shall clearly indicate any change from the initial report and all 

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 any actions necessary to protect public safety, such as 

erecting sidewalk sheds, fences, and/or safety netting. Such actions shall be considered as an effort to 

remedy an emergency situation and appropriate permit 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 work to correct the condition and work shall 

continue without interruption until the Unsafe condition has been corrected, unless there has been an 

unforeseen delay (e.g. weather, labor strike). Within two weeks after the Unsafe condition has been 

corrected, the Professional shall reinspect the building and file with the Department a detailed amended 

report stating the condition of the building. 

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

 PM-304.10.6.1 The owner of the building is responsible for ensuring that the conditions described 

in the report as "Safe with a Repair and Maintenance Program" are repaired and the actions identified by 

the Professional are completed within the time frame designated by the Professional or by such time 

necessary to prevent a condition from becoming an Unsafe 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 initial 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 indicating the scope of work necessary to remedy the Unsafe 

condition(s). 

 3. The Professional's estimate of the length of time required for repairs, and a notarized 

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 the Department only upon 

receipt and review of a further extension application which details that one of the following is met: 

 1. The work has been substantially completed, but there has been an unforeseen delay (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 set forth in the Professional's 

initial report or amended report to the Board of Building Standards. Such appeal must be filed within 

thirty (30) days of the receipt or filing of the report, and must include a second Professional's report. The 

filing and pendency of such an appeal shall stay the requirement for making repairs as set forth in PM304.10.5.2, but not the requirement for taking actions 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 shall issue a 

recommendation to the Commissioner either to grant the appeal; deny the appeal; or grant the appeal 

with such proposed modifications to the Professional'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 determination 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.