Philadelphia – Construction and the Intersection with Governor Wolf’s Shut Down of Physical Locations of “Non-Life Sustaining” Businesses Announcement

Good afternoon and hope you and your loved ones are doing well under the circumstances.

As you likely know, and as we blogged about late last week and updated this morning, Governor Wolf of PA has issued a closure order for “non-life sustaining” businesses. There is a list on line of the life sustaining businesses. All “non-life sustaining” businesses were required to close their physical locations as of Thursday at 8 PM. This Order was modified this morning, March 21 with a few changes to the list of businesses that qualify as “life sustaining” and a change to the process of requesting a waiver. Please see our earlier post.

In response to Governor Wolf’s order, which includes construction in “non-life supporting” business column and which has shut down construction sites in Pennsylvania, the Philadelphia Department of Licenses and Inspections offered the following guidance.

1. Construction work must stop by Friday, March 27, 2020 at 5 p.m.

The additional time is provided in the interest of public safety and protection against unnecessary property damage.

Construction sites must be made safe and secure by March 27 at 5 p.m.

Contractors are directed to take proper measures to protect adjacent properties, remove or fasten items that are or could become loose, secure sites against trespass, and complete work necessary to protect and ensure the structural integrity of buildings under construction.

Occupied residential properties must be left in safe and habitable condition.

2. Routine maintenance and repair of existing buildings is exempted from the order and may continue.

3. Emergency systems repair and replacement are also exempted and may continue. The work must be performed by a license contractor and with permits as required by the Philadelphia Administrative Code.

Examples include:
Roof repair
Plumbing leaks
Hot water heater replacement
Fire safety systems repair

Contractors are required to obtain permits within 3 days of the emergency repair or replacement. At this time new permit applications are required to be filed using L&I’s eCLIPSE system.

https://www.phila.gov/2020-03-20-li-issues-guidance-on-construction-work-in-light-of-governors-march-19th-order.

Additional information will be provided as it becomes available.  Stay safe.

Please do not hesitate to email our COVID team if we can be of assistance or if you have any questions – slcaffrey@duanemorris.com; bamolotsky@duanemorris.com; jsegal@duanemorris.com; dcanderson@duanemorris.com

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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