Philadelphia, PA

Phila. Code § 21-1602 Establishment of the Philadelphia Housing Trust Fund
Effective: 10/16/18 – Through: 5/31/23
(1) The Philadelphia Housing Trust Fund (“Trust Fund”) shall be created by the Finance Director as a separate Fund held by the City of Philadelphia. The fund shall be administered by the Department of Planning and Development’s Division of Housing and Community Development.

(2) Revenue collected pursuant to Section 10-1001 of The Philadelphia Code for the purpose of funding the Trust Fund shall be deposited into the Trust Fund. Any assets remaining in the Trust Fund at the end of any fiscal year shall be carried into the next fiscal year, including all interest and income earned, as well as any repayments or forfeitures of loans and/or grants.

Phila. Code § 21-1601 Definitions
Effective: 9/11/05 – Through: 5/31/23
(1) Affordable housing means housing, either sales or rental, for which the household spends no more than thirty percent (30%) of its gross income on housing related expenses, provided, however, that any housing program or project that receives federal or state funds and complies with regulations applicable to such funding source regarding the percentage of household income to be spent on housing shall be considered affordable for purposes of this definition.

(2) Visitable means the following amenities in a dwelling unit:

(a) One zero step entrance to the dwelling unit that will permit a visitor using a wheelchair to enter the main level floor of the dwelling through a doorway entrance that has a minimum 32 inch opening;

(b) A usable path of travel throughout the interior main level floor that is no narrower than 36 inches at any point except for interior doorway openings with a minimum 32 inch opening; and

(c) A powder room in the main level floor that has a doorway entrance with a minimum 32 inch doorway opening providing sufficient space to close the door while inside the powder room, a minimum 30 inch by 48 inch floor space clearance, and reinforced walls that permit installation of grab bars to provide access to the toilet if necessary.

Phila. Code § 21-1605 Trust Fund Assets Held in the Non-Recording Fee Sub-Fund
Effective: 10/16/18 – Through: 5/31/23
(1) Upon establishment of the Sub-Funds authorized by Section 21-1604, funds designated to be deposited into the Housing Trust Fund other than those collected pursuant to Section 10-1001 of The Philadelphia Code shall be deposited in the Non-Recording Fee Sub-Fund of the Housing Trust Fund. Any assets remaining in this Sub-Fund at the end of any fiscal year shall be carried into the next fiscal year, including all interest and income earned, as well as any repayments or forfeitures of loans and/or grants.

(2) Funds appropriated from the Non-Recording Fee Sub-Fund shall be used to fund programs and projects that support Equitable Neighborhood Development for the benefit of households whose annual income, adjusted for size, is less than one hundred twenty percent (120%) of the median income of the Philadelphia Metropolitan Statistical Area, as defined by The United States Department of Housing and Urban Development, that:

(a) Increase production and preservation of affordable housing for sale or rental;

(b) Increase access to homeownership through the provision of down payment and closing cost assistance; and

(c) Stabilize and maintain high levels of homeownership in middle neighborhoods.

(3) Funds appropriated from the Non-Recording Fee Sub-Fund may be used to pay all costs associated with the borrowing of funds for the purposes set forth in subsection 21-1605(2), including, but not limited to, through a service agreement with a third party providing for the issuance of bonds.

(4) Funds appropriated from the Non-Recording Fee Sub-Fund may be awarded to any entity, regardless of its legal form, so long as the entity is otherwise eligible to receive a contract.

(5) Any project consisting of four or more units and receiving a grant or deferred loan financing from the Non- Recording Fee Sub-Fund shall have workforce wages and benefits determined by the Philadelphia Labor Standards Unit and the Unit shall be subject to the reporting requirements set forth in Sections 17-107, 17-1605 and 21-1106 of The Philadelphia Code. The Unit shall also provide quarterly reports to the Clerk of City Council, on workforce residency, including residency by Council District for workers residing in the City.

(6) Proposed annual expenditures from the Non-Recording Fee Sub-Fund shall be incorporated into the City’s Annual Consolidated Plan submitted to City Council for approval. Expenditures from this Sub-Fund shall be made only pursuant to appropriations made in the City’s Operating Budget.

(7) It is the intent of Council that funds in the Non-Recording Fee Sub-Fund will provide net new resources for affordable housing activities in Philadelphia, but such funds may be used to supplement funding levels for housing production, accessibility, preservation and homelessness prevention in the event current funding or sources of funding are reduced or eliminated.

Phila. Code § 10-1001 Fees of Commissioner of Records
Effective: 5/16/17 – Through: 5/31/23
(1) Unless otherwise specified by law, the fees to be charged and collected by the Commissioner of Records shall be as follows:

(a) For recording deeds, two hundred fourteen dollars ($214) to be allocated as follows: one hundred seven dollars ($107) to be placed in the General Fund; and one hundred seven dollars ($107) to be placed in the Housing Trust Fund to be used for the purposes specified in Chapter 21-1600 of this Code; for deeds subject to additional fees under Section 2-202, additional fees in an amount determined by regulation of the Department of Records to cover the additional costs incurred by the City in investigating, processing, and administering the recordation of such deeds. Upon presentation of such proof as the Commissioner of Records may require, the fees imposed pursuant to this subsection (1)(a) shall be waived for recording any deed that transfers title from a deceased spouse or life partner, or the estate thereof, to the surviving spouse or life partner; or for recording any deed that confirms title in a surviving spouse or life partner. For those who present documentation that a recorded deed was fraudulent, recording fees for corrective deeds shall be waived; required documentation shall be determined by the Commissioner of Records.

(b) For recording mortgages, one hundred eighty-four dollars ($184) to be allocated as follows: ninety- two dollars ($92) to be placed in the General Fund; and ninety-two dollars ($92) to be placed in the Housing Trust Fund to be used for the purposes specified in Chapter 21-1600 of this Code.

(c) For recording mortgage satisfaction pieces and the release and assignment of mortgages, one hundred eighty-two dollars ($182) to be allocated as follows: ninety-one dollars ($91) to be placed in the General Fund; and ninety-one dollars ($91) to be placed in the Housing Trust Fund, to be used for the purposes specified in Chapter 21-1600 of this Code.

(d) For notary public commissions, City, county, or special police officer commissions, powers of attorney, and any other instrument of writing, including filings under the Uniform Commercial Code, ninety-one dollars ($91).

(e) The fees for recording documents not herein specifically provided for shall be the same as for similar documents, as nearly as can be practically ascertained.

(2) All fees shall be exclusive of any tax or any fee payable to any state or federal government entity now or hereafter provided by law which the Commissioner of Records is or shall be required to collect.

(3) The Philadelphia Land Bank shall be exempt from the payment of fees under this Section in connection with its acquisition of property.

Phila. Code § 21-1604 Establishment of Housing Trust Fund Sub-Funds
Effective: 10/16/18 – Through: 5/31/23
(1) The Director of Finance is authorized to divide the Housing Trust Fund into two segregated sub-funds, the Recording Fee Sub-Fund and the Non-Recording Fee Sub-Fund. Once such Sub-Funds are established, Section 21-1601 and subsection 21-1602(1) shall apply to both Sub-Funds; subsection 21-1602(2) and Section 21-1603 shall apply only to the Recording Fee Sub-Fund.

(2) The Director of Finance and such other officials as the Mayor may determine are authorized to implement the provisions of Section 21-1605.

35 PA. Cons. Stat. § 1680.401d. Definitions
Effective: 2/21/11 – Through: 5/31/23
The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Fund.” The Housing Affordability and Rehabilitation Enhancement Fund established in section 406-D.1

“Persons with disabilities.” Individuals with physical, sensory or mental impairment that substantially limits one or more major life activities.

“Program.” The Pennsylvania Housing Affordability and Rehabilitation Enhancement Program established in section 402-D.2

“Program funds.” The term shall include all allocations distributed to and grants received by the Commonwealth from the United States Department of Housing and Urban Development pursuant to the Housing Trust Fund, established in section 1338 of the Housing and Economic Recovery Act of 2008 (Public Law 110-289, 122 Stat. 2654),3 and funds from sources other than the Commonwealth that are provided for the program established under this article. The term may also include funds specifically appropriated by the General Assembly for the program established under this article.

Philadelphia Executive Order No. 1-06 Housing Trust Fund (Amendment)
Effective: 6/7/06 – Through: 5/31/23
Attached file: executive-order-2006-01.pdf
[…]

A. Creation

The Housing Trust Fund Oversight Board is hereby created as an advisory body in the Office of Housing Community Development. The Oversight Board shall consist of eleven members appointed by the Mayor:

1. Four representatives of community development organizations and housing advocates chosen by the Mayor from a list of qualified candidates submitted by the Philadelphia Association of Community Development Corporations and the Philadelphia Affordable Housing Coalition;

2. the following four officials or their designated representatives: The Secretary of Housing and Neighborhood Preservation; the Executive Director of the Philadelphia Redevelopment Authority; the Director of the Office of Housing and Community Development; and the Chair of City Council’s Committee on Housing, Neighborhood Development and the Homeless; and

3. Three representatives selected by City Council.

4. The Board shall select a Chair by majority vote of its members.

[…]

35 PA. Cons. Stat. § 1680.402d. Establishment
Effective: 2/21/11 – Through: 5/31/23
There is established the Pennsylvania Housing Affordability and Rehabilitation Enhancement Program to be administered by the agency. The program shall be dependent on the availability of program funds.

35 PA. Cons. Stat. § 1680.403d. Program
Effective: 2/21/11 – Through: 5/31/23
(a) Project types.–The program may provide funding for the following:

(1) Projects to provide safe and sanitary dwellings for sale or rent to low-income and moderate-income individuals or families.

(2) Projects to increase the availability or quality of housing for elderly persons.

(3) Projects to increase the availability or quality of accessible housing for persons with disabilities.

(4) Projects to prevent or reduce homelessness.

(5) Projects to encourage the development and rehabilitation of distressed neighborhoods.

(6) Projects to provide mortgage or rental assistance, including housing counseling, foreclosure prevention and refinancing products.

(7) Projects to provide loans, low-interest loans or grants to low-income and moderate-income individuals or families who are owner-occupants for repairs and improvement to sustain or increase the conditions of the home.

(b) Purposes.–Money for projects under subsection (a) may be used for the following:

(1) Predevelopment activities, including title searches, market studies, project planning, architectural services, legal and engineering studies and related fees.

(2) Acquisition and disposition of real or personal property.

(3) Site preparation, including demolition of existing structures and remediation of environmental conditions.

(4) Construction, reconstruction, alteration and repair of existing structures, improvements and infrastructure.

(c) Matching funds.–Program funds may be used for a set aside for matching funds for counties that have established optional county affordable housing funds under 53 Pa.C.S. Ch. 60 (relating to optional affordable housing funding). In order to receive matching funds under this subsection, a county must annually report detailed information as required by the agency on the use of the funds for county projects. The information shall be included in the agency’s report under section 405-D.1

(d) Limitation.–Program funds shall not supplant existing resources dedicated to affordable housing activities. Program funds may be used to support, expand and enhance other programs administered by the agency.

(e) Preferences.–The agency may adopt written policies to give preference to projects that meet specific goals, such as energy efficiency, green building standards and comprehensive design strategies, or that target identified needs.

(f) Considerations.–The agency shall take into consideration geographical distribution of program funds appropriated to the program to ensure that all areas of this Commonwealth participate to the greatest extent possible.

(g) Funding for housing program.–The agency shall make available 30% of the program funds available under this article for housing programs benefiting households with household incomes which are less than 50% of the median area income.

35 PA. Cons. Stat. § 1680.406d. Fund
Effective: 6/30/19 – Through: 5/31/23
(a) Establishment.–There is established in the State Treasury the Housing Affordability and Rehabilitation Enhancement Fund. Interest and any other earnings in the fund shall remain in the fund. All program funds allocated or appropriated to the program shall be deposited in the fund. Program funds in the fund and the interest accruing thereon are hereby appropriated to the agency on a continuing basis to carry out the provisions of this article.

(b) Federal allocations.–All allocations distributed to and grants received by this Commonwealth from the United States Department of Housing and Urban Development pursuant to the Housing Trust Fund, established in section 1338 of the Housing and Economic Recovery Act of 2008 (Public Law 110-289, 122 Stat. 2654),1 are deposited to the fund to be administered by the Pennsylvania Housing Finance Agency consistent with this article and applicable Federal law.

Phila. Code § 21-1603 Creation, Distribution and Use of Trust Fund’s Assets
Effective: 10/16/18 – Through: 5/31/23
(1) In addition to funds otherwise deposited in the Trust Fund, recording fees collected pursuant to the authorization of this Ordinance shall be deposited in the Housing Trust Fund.

(2) Funds appropriated from the Housing Trust Fund shall be used to fund programs and projects for the benefit of households whose annual income, adjusted for size, is less than one hundred fifteen percent (115%) of the median income of the Metropolitan Statistical Area, as defined by The United States Department of Housing and Urban Development, that:

(a) Increase production of affordable housing for sale or rental;

(b) Increase the accessibility of new and existing affordable housing to physically disabled occupants and increase the supply of visitable housing;

(c) Preserve affordable housing, including but not limited to grants for basic systems repair or improvement of owner-occupied homes, adaptive modification, or for the targeted improvement of facades; and

(d) Prevent or reduce homelessness, including but not limited to emergency assistance to prevent and/or end homelessness or near homelessness by maintaining households in their own residences when eviction is imminent through rent and mortgage arrearage assistance, or for security deposits, utility assistance, and long-term hotel, motel, or boarding home rental assistance.

(3) As much as fifteen percent (15%) of such funds may be used to pay for the City’s administrative costs associated with funding and administering such programs and projects.

(4) On a yearly basis up to five million dollars ($5,000,000) of such funds may be segregated into an account to provide annual operating support for affordable rental housing units that are developed using the four percent (4%) federal Low Income Housing Tax Credit wherein the provision of such funds is necessary to make the development feasible.

(5) On a yearly basis, fifty percent (50%) of such funds that are used for purposes other than to pay for administrative costs and amounts required to be segregated pursuant to subsection (4) above shall be used to fund programs and projects that benefit households with incomes, adjusted for size, equal to or less than thirty percent (30%) of the median income of the Metropolitan Statistical Area, as defined by the United States Department Of Housing And Urban Development and fifty percent (50%) shall be used to benefit households with incomes between thirty percent (30%) and one hundred fifteen percent (115%) of the median income of the Metropolitan Statistical Area.

(6) On a yearly basis, at least fifty percent (50%) of such funds that are used for purposes other than to pay for administrative costs shall be used to fund programs and projects that increase production of affordable housing for sale or rental.

(7) In each project subsidized by such funds, a minimum of ten percent (10%) of the total number of new construction units shall be accessible to individuals with mobility impairments and a minimum of two percent (2%) shall be accessible to individuals with sensory impairments. All such new construction units must be made visitable or, alternatively, an amount equal to three thousand dollars ($3,000) multiplied by the total number of new construction units built in the project shall be required to be spent to make as many of such units as possible visitable, which amount shall be adjusted for inflation on an annual basis. Visitability and/or accessibility requirements may be waived or reduced for a project if such requirement(s) renders such project financially infeasible, or if site conditions are unsuitable, but this provision shall not exempt any project from any other applicable requirements regarding visitability and/or accessibility.

(8) It is the intent of this Ordinance that such funds will provide net new resources for affordable housing activities in Philadelphia, but such funds may be used to supplement funding levels for housing production, accessibility, preservation and homelessness prevention in the event current funding or sources of funding are reduced or eliminated.

(9) Proposed annual expenditures from the Housing Trust Fund shall be incorporated into the City’s Annual Consolidated Plan submitted to City Council for approval. Expenditures from the Housing Trust Fund shall be made only pursuant to appropriations made in the City’s Operating Budget.

35 PA. Cons. Stat. § 1680.405d. Reporting
Effective: 2/21/11 – Through: 5/31/23
Within 90 days following the close of the first calendar year after the effective date of this article and by July 1 of every year thereafter, the agency shall issue a report containing a financial statement, an itemized list of projects funded and a description of other expenditures in the preceding calendar year. The report shall be submitted to the Governor, the Auditor General and the chair and minority chair of the Urban Affairs and Housing Committee in the Senate and the chair and minority chair of the Commerce Committee in the House of Representatives and published on the agency’s Internet website. The report shall be a public record.

72 PA. Cons. Stat. § 8102-C.6. Transfer of tax
Effective: 6/30/19 – Through: 1/1/23
(a) Subject to subsection (b), beginning July 31, 2019, and each July 31 thereafter, the State Treasurer shall transfer from the General Fund to the Housing Affordability and Rehabilitation Enhancement Fund under Article IV-D of the act of December 3, 1959 (P.L. 1688, No. 621),1 known as the “Housing Finance Agency Law,” an amount equal to forty per cent of the difference between:

(1) the total amount of the tax imposed under section 1102-C2 and collected by the Commonwealth for the prior fiscal year; and

(2) the total dollar amount of such tax estimated for the fiscal year beginning July 1, 2014, and as contained in the final estimate signed by the Governor for that fiscal year as required by section 618 of the act of April 9, 1929 (P.L. 177, No. 175),3 known as “The Administrative Code of 1929.”

(b) The amount transferred under subsection (a) may not exceed forty million dollars ($40,000,000).

(c) Nothing in this section shall be construed to reduce or prohibit increased funding for the Housing Affordability and Rehabilitation Enhancement Fund or the Keystone Recreation, Park and Conservation Fund as provided in the “Housing Finance Agency Law” or other law.

Philadelphia Executive Order No. 3-05 Housing Trust Fund
Effective: 8/2/05 – Through: 5/31/23
Attached file: executive-order-2005-03.pdf
[…]

A. Creation

The Housing Trust Fund Oversight Board is hereby created as an advisory body in the Office of Housing Community Development. The Oversight Board shall consist of eight members appointed by the Mayor:

1. Four representatives of community development organizations and housing advocates chosen from a list of qualified candidates submitted by the Philadelphia Association of Community Development Corporations and the Philadelphia Affordable Housing Coalition; and

2. the following four officials or their designated representatives: The Secretary of Housing and Neighborhood Preservation; the Executive Director of the Philadelphia Redevelopment Authority; the Director of the Office of Housing and Community Development; and the Chair of City Council’s Committee on Housing, Neighborhood Development and the Homeless.

3. The Board shall select a Chair by majority vote of its members.

B. Duties of the Oversight Board

1. The Oversight Board shall make recommendations to the Office of Housing and Community Development regarding: the types of projects and programs to be funded with Trust Fund monies; income levels of the targeted beneficiaries of such projects and programs; and the proportionate share of funds allocated for the various purposes for which Trust Fund money may be used. The Oversight Board shall further recommend additional criteria for eligible projects and the evaluation of project proposals as it sees fit.

2. The Oversight Board will have the duty to annually review Trust Fund grant awards to see whether Trust Fund moneys are expended in a manner that conforms with this Executive Order.

3. By December 31 of each year, the Oversight Board shall issue an Annual Report on use of the Trust Fund in the previous fiscal year. This report shall:

Provide total numbers of housing units produced, homes preserved, and households prevented from becoming homeless with Trust Fund support.

List projects funded through the Trust Fund.

Report on funds expended and dollars leveraged by Trust Fund funds.

Report in aggregate form the number of households benefiting from the Trust Fund by income level, geographic distribution, family size, and other criteria as selected by the Oversight Board.

Report in aggregate form rents and sale prices of units produced, the number of accessible units built, the number of such units occupied by disabled individuals, and other criteria as selected by the Oversight Board.

4. The Oversight Board shall seek out contributions from non-City sources to supplement existing funding of the Trust Fund.

5. The Oversight Board shall study and make recommendations regarding funding levels fur the Philadelphia Housing Trust Fund and the existence and potential utilization of additional funding sources. no later than December 31, 2005, the Oversight Board shall submit to the Mayor and to the President of Citv Council a final report of its findings and recommendations in these areas.
[…]

Philadelphia § 11-901. Complete Streets Policy
Effective: 1/7/13 – Through: 5/31/23
(1) The Department is authorized to develop a Complete Streets Policy for the City, and to maintain, update, and publish such policy through a Complete Streets Handbook. The Department is further authorized to issue regulations implementing and requiring compliance with the Complete Streets Policy. The purpose of such policy shall be as follows:

(a) To give full consideration to accommodation of the safety and convenience of all users of the transportation system, be they pedestrians, bicyclists, public transit users or motor vehicle drivers;

(b) Balance the needs of all users in planning, design, construction, maintenance, and operation of the right of way and facilities therein; and

(c) Contribute to a comprehensive and integrated transportation network and prioritize the safety of those traveling in the public right-of-way, and in particular the safety of children, the elderly, and persons with disabilities.

(2) No construction project of a type set forth below that is in or affects the public right-of-way shall be approved by the Department of Streets, or further, where an ordinance is required to authorize the project, by Council, unless the person responsible for such construction project documents the manner of compliance with such regulations as the Department of Streets may promulgate with respect to implementation of the City’s Complete Streets Policy:

(a) Any project subject to plan of development review pursuant to subsection 14-507(8). 145

(b) Any project subject to civic design review pursuant to subsection 14-304(5).

(c) Any street improvement that requires a permit or approval from the Department of Streets, and that proposes a change of the curbline such that any one or more of the following apply:

(.a) A lay-by lane is added. For purposes of this Chapter, “lay-by lane” shall mean a limited length of the right-of-way where the cartway is widened into an area that would otherwise be occupied by the sidewalk, to form an area where vehicles may be permitted to stop, stand, or park out of the flow of traffic.

(.b) A traffic study is required pursuant to Department of Streets regulations, or subsection 14-603(10) (Parking, Non-Accessory) or another provision of Title 14 (Zoning and Planning).

(.c) The flow of traffic at a signalized intersection would be materially affected.

(d) Any project that would encroach on the public right-of-way such that the remaining minimum clear width of sidewalk would be less than the Walking Zone standard set forth for the applicable street type set forth in the Pedestrian and Bicycle Plan established by the Philadelphia City Planning Commission.

(e) Any project in which either an existing driveway would be widened to more than 24 feet, or a new driveway wider than 24 feet would be created.

(f) Any capital project by the City or a quasi-governmental agency that alters the public right-of-way, as a condition of the issuance of any necessary permit or approval, and any such capital project by the Department of Streets regardless of whether any permit or approval is required.

(3) Regulations issued by the Department of Streets pursuant to this Section may require that compliance be documented by checklists, or any other means. Such documentation shall be a public record, and shall be posted on the City website within 60 days of the filing of such documentation.

Philadelphia Executive Order No. 5-09. Establishment of a Complete Streets Policy
Effective: 6/3/09 – Through: 5/31/23
WHEREAS, road and sidewalk space is a limited public good that must be shared by public transit service, pedestrians, taxicabs, bicycles, personal, emergency, commercial and utility vehicles, parked vehicles, sidewalk vending and cafes, bicycle racks, newsstands, bus stops and shelters, newspaper boxes and planters, among other things; and

WHEREAS, increasing public transit use, walking and bicycling offers the potential for a healthier citizenry, cleaner air, reduced traffic congestion, more livable neighborhoods, less reliance on fossil fuels and imported sources of energy, and more efficient use of road space and resources;

NOW THEREFORE, 1, Michael Nutter, by the authority vested in me by the Philadelphia Home Rule Charter, do hereby order as follows:

Section 1. COMPLETE STREETS POLICY

All City departments and agencies shall, in connection with input into and decisions regarding all transportation and development projects:

A. Give full consideration to accommodation of the safety and convenience of all users of the transportation system, be they pedestrians, bicyclists, public transit users or motor vehicle drivers;

B. Balance the needs of all users in planning, design, construction, maintenance, and operation, and

C. Prioritize the safety of those traveling in the public right of way, and in particular the safety of children, the elderly, and persons with disabilities.

Such efforts shall be known as the City’s “Complete Streets Policy.”

Section 2. IMPLEMENTATION OF COMPLETE STREETS

All departments shall make the Complete Streets Policy an integral part of their planning and programming wherever practicable. Examples of how the Complete Streets Policy may be implemented include, but are not limited to:

A. Use of good geometric design and features such as median refuges and curb extensions (bumpouts) in connection with streetscape design, in order to minimize crossing distances and increase visibility between pedestrians and motorists;

B. Timing of traffic signals to minimize pedestrian delay & conflicts;

C. Discouraging limited pull-off lanes, driveways and obstructions that narrow sidewalks to the detriment of a comfortable pedestrian environment;

D. Promotion of an expanded and improved bicycle network, including bike lanes, off-road trails and bicycle parking at automobile parking facilities;

E. Reviewing motor vehicle traffic lanes to determine whether additional space for other lower-impact uses could be reasonably accommodated;

F. Improving the rights-of-way in compliance with ADA accessibility guidelines; and

G. Addressing the needs of bicycles, pedestrians, and public transit, as well as automobiles, when authorizing street and sidewalk closures for construction projects.

Section 3. EFFECTIVE DATE

This Order shall be effective immediately.

[…]

Philadelphia Department of Street Regulations Implementing the Complete Streets Policy Under Section 11-901 of the Philadelphia Code
Effective: 10/14/20 – Through: 5/31/23
(1) Pursuant to Section 11-901 of the Philadelphia Code, the Department of Streets adopts the Complete Streets policy [Executive Order No. 5-09], as contained in the Philadelphia Complete Streets Design Handbook, as an integral part of its planning and programming wherever practicable.

(2) The Department adopts the current edition of the Project Review Checklists contained in the appendix of the Complete Streets Design Handbook, which is available for review on the City’s website.

(3) Any construction project of a type set forth in Section 11-901(2) shall submit to the Department, a completed Project Review checklist.

(4) Checklists shall be public records and shall be posted on the City’s website within sixty (60) days of filing.

Philadelphia Executive Order No. 11-16. Office of Complete Streets and Vision Zero Task Force
Effective: 11/6/16 – Through: 5/31/23
WHEREAS, data from the Pennsylvania Department of Transportation over a five-year period from 2011- 2015 indicates traffic crashes in the City of Philadelphia caused 474 fatalities, of which 165 were pedestrians, and 1,357 severely injured individuals, of which 362 were pedestrians. During this time, approximately 30% of the pedestrians hit in traffic were children under the age of 18; and

WHEREAS, the 2015 Pennsylvania Crash Facts and Statistics from the Pennsylvania Department of Transportation reports that Philadelphia has the highest rate of traffic-related deaths in Pennsylvania; and

WHEREAS, the City of Philadelphia’s “Paving the way for Vision Zero” report states that 10% of Philadelphians reside in census tracts where a majority of the population lives below the poverty line and in which 15% of all crashes and 18% of all crash deaths and severe injuries in the City also take place. Per resident, more crashes, and more severe and fatal crashes, occur in neighborhoods where the majority of residents live below the poverty line, compared to the rest of Philadelphia; and

WHEREAS, all people, regardless of age, ability, income, ethnicity or mode of transportation, ought to be able to safely use transit, sidewalks, roadways and pedestrian and bike paths; and

WHEREAS, a Complete Streets approach, consistent with nationally-recognized Complete Streets policies and reflected in Chapter 11-900 of The Philadelphia Code, which creates an integrated and comprehensive transportation network for pedestrians, bicyclists, public transit users, and motor vehicles, has been shown to improve public health, spur economic growth, enhance quality of life, reduce traffic congestion and traffic-related injuries and fatalities, and improve connectivity between neighborhoods, people, and services; and

WHEREAS, the Vision Zero concept, conceived in Sweden in 1994 and internationally recognized, has led the way in showing that loss of life and severe injuries resulting from traffic-related crashes are unacceptable and preventable outcomes. Through an equitable approach to education, engineering, and enforcement systems, traffic-related deaths and serious injuries can be reduced towards zero; and

WHEREAS, the City of Philadelphia desires to expand the multi-modal transportation network and further integrate practices it currently employs to reduce fatalities and serious injuries to sidewalk and roadway users. The City, through the Managing Director’s Office, Office of Transportation and Infrastructure Systems, and in partnership with community stakeholders, seeks to improve sidewalk and

roadway comprehensiveness, integration, and safety in all neighborhoods, for all persons, across all modes of travel; and

WHEREAS, change can best be effected through grass roots efforts that bring together all parts of government, advocacy, the private sector, and the public;

NOW, THEREFORE, I, JAMES F. KENNEY, Mayor of the City of Philadelphia, by the powers vested in me by the Philadelphia Home Rule Charter, do hereby order as follows:

SECTION 1. Creation of an Office of Complete Streets

There is hereby created an Office of Complete Streets within the Managing Director’s Office, Office of Transportation and Infrastructure Systems.

SECTION 2. Purpose of the Office of Complete Streets

The Office shall take an interdisciplinary approach by coordinating with City departments, agencies and stakeholders to guide decision-making and further incorporate Complete Streets principles into design, construction, and maintenance of transportation and infrastructure systems and by seeking to:

(a) Contribute to the safe expansion and integration of the multi-modal City transportation network to improve connectivity for all pedestrians, bicyclists, public transit users, and motor vehicles.

(b) Set standards to be used by City and State agencies, design professionals, private developers, community groups, and others involved in planning, design and construction of projects affecting City roadways and sidewalks, consistent with policies and requirements under Chapter 11-900 of The Philadelphia Code.

(c) Promote the benefits of Complete Streets policies and multimodal transportation.

(d) Reduce sidewalk and roadway traffic-related user fatalities to zero by 2030 through an equitable approach to education, engineering, and enforcement systems.

[…]

SECTION 8. COOPERATION,

All City Departments, Agencies, Boards, and Commissions shall cooperate with the Office of Complete Streets and the Vision Zero Task Force, and shall provide any data they may require with respect to the operations of City Government. Other public entities, as well as those in the private sector, are encouraged to support and cooperate with the Office of Complete Streets and the Vision Zero Task Force.

SECTION 9. EFFECTIVE DATE.

This Order shall take effect immediately.

[…]

Philadelphia, PA § 9-4102. Purposes.
Effective: 5/13/15 – Through: 6/1/23
The purposes of this Chapter are:

(1) To ensure that workers employed in the City of Philadelphia can address their own health needs and the health needs of their families by requiring employers to provide a minimum level of paid sick days including time for family care;

(2) To reduce public and private health care costs in the City of Philadelphia by enabling workers to seek early and routine medical care for themselves and their family members;

(3) To protect workers employed in the City of Philadelphia from losing their jobs while they use sick days to care for themselves or their families;

(4) To assist victims of domestic violence and their family members by providing them with job-protected paid time away from work to allow them to receive treatment and to take the necessary steps to ensure their protection;

(5) To safeguard the public welfare, health, safety and prosperity of the people of and visitors to the City of Philadelphia; and

(6) To accomplish the purposes described in subsections (1) – (5) in a manner that is feasible for employers and that does not require employers to provide any additional paid time to their employees if they already provide the same amount of paid time off that can be used for the same purposes and under the same conditions as required in this Ordinance.

Philadelphia, PA § 9-4104. Accrual of Paid Sick Time.
Effective: 9/17/20 – Through: 6/1/23
(1) All employees as defined in this Chapter have the right to sick time as provided herein.

(a) All employers that employ ten or more employees shall provide paid sick time to their employees in accordance with the provisions of this Chapter.

(b) All employees not entitled to paid sick time pursuant to this Chapter shall be entitled to unpaid sick time in accordance with the provisions of this Chapter.

(2) All employees shall accrue a minimum of one hour of sick time for every 40 hours worked in Philadelphia. Employees will not accrue more than 40 hours of sick time in a calendar year, unless the employer selects a higher limit.

(3) Employees who are exempt from overtime requirements under 29 U.S.C. § 213(a)(1) of the Federal Fair Labor Standards Act will be assumed to work 40 hours in each work week for purposes of sick time accrual unless their normal work week is less than 40 hours, in which case sick time accrues based upon that normal work week.

(4) Sick time as provided in this Section shall begin to accrue on the effective date of this Ordinance, as to an employee who is employed as of such effective date. An employee who becomes employed after such effective date shall begin to accrue paid sick time at the commencement of his or her employment.

(5) Employees shall be entitled to use accrued sick time beginning on the 90th calendar day following commencement of their employment. After the 90th calendar day of employment, employees may use sick time as it is accrued.

(6) Sick time shall be carried over to the following calendar year unless the employer provides at least 40 hours of sick time at the beginning of each calendar year. An employee’s use of sick time provided under this Chapter in each calendar year shall not exceed 40 hours, unless the employer chooses to provide a higher limit.

(7) Any employer with a paid leave policy, who makes available an amount of paid leave (including but not limited to vacation days, sick days, short-term disability benefits, floating holidays, parental leave, personal days, or PTO), sufficient to meet or exceed the accrual requirements of this Section, and that may be used for the same purposes and under the same conditions as sick time under this Chapter, is not required to provide additional sick time.

(8) The requirements of this Chapter shall not apply to an employer with respect to those employees who are covered by a bona fide collective bargaining agreement, except to the extent specifically provided.

(9) Nothing in this Section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee’s termination, resignation, retirement, or other separation from employment for accrued sick time that has not been used.

(10) At its discretion, the employer may loan sick time to the employee in advance of accrual by such employee.

Philadelphia, PA § 9-4103. Definitions.
Effective: 5/11/21 – Through: 6/1/23
(1) Agency means such office as the Mayor shall designate.

(2) Domestic abuse is abuse as defined in 23 Pa. C.S. § 6102(a) or domestic violence as defined in Code Section 9-3201.

(3) Employee means any individual employed by an employer who performs work within the geographic boundaries of the City of Philadelphia for at least 40 hours in a year; but excluding independent contractors, seasonal workers, adjunct professors, employees hired for a term of less than six months, interns, pool employees, State and Federal employees, and employees covered by a bona fide collective bargaining agreement.

(4) Employer is as defined in the Act of January 17, 1968, P.L. 11, No. 5, § 3 (43 P.S. § 333.103(g)); except that an employer that employs fewer than ten (10) employees for at least forty (40) weeks in a calendar year shall not be required to provide its employees with paid sick time under the provisions of this Chapter. In determining the number of persons employed during a given week, all persons performing work for compensation on a full-time, part-time, or temporary basis shall be counted. A chain establishment shall be required to provide paid sick time under this Chapter regardless of the number of employees in that establishment.

(5) Employ is as defined in 43 P.S. § 333.103(f).

(6) Philadelphia means the geographic boundaries of the City of Philadelphia.

(7) Chain establishment means an establishment doing business under the same trade name used by fifteen (15) or more establishments whether such other establishments are located in the City or elsewhere and regardless of the type of ownership of each individual establishment.

(8) Family member means:

(a) A biological, adopted or foster child, stepchild or legal ward or a child to whom the employee stands in loco parentis;

(b) A biological, foster, stepparent or adoptive parent or legal guardian of an employee or an employee’s spouse or a person who stood in loco parentis when the employee was a minor child;

(c) A person to whom the employee is legally married under the laws of Pennsylvania;

(d) A grandparent or spouse of a grandparent;

(e) A grandchild;

(f) A biological, foster, or adopted sibling or spouse of a biological, foster or adopted sibling;

(g) A Life Partner as defined in Section 9-1102 of this Code.

(9) Health care employee means any person who has full-time or part-time employment within a healthcare organization, including but not limited to hospitals, nursing homes, and home healthcare providers.

(10) Health care professional means any person licensed under Federal or Pennsylvania law to provide medical or emergency services, including but not limited to doctors, nurses and emergency room personnel.

(11) Intern means a student who is enrolled in an educational institution and who is performing work for that institution, provided that such student shall not be considered an intern for the purposes of this Chapter when working for any employer other than the educational institution in which the student is enrolled.

(12) Paid sick time or paid sick days means time that is compensated at the same hourly rate and with the same benefits, including health care benefits, as the employee normally earns from the employee’s employment at the time the employee uses the paid sick time and is provided by an employer to an employee for the purposes described in Section 9-4105 of this Chapter.

(13) Pool employee means any health care professional, other than an employee of a temporary placement agency, who works only when he or she indicates that he or she is available for work and who has no obligation to work when he or she does not indicate availability.

(14) Retaliatory personnel action means the discharge, suspension, or demotion by an employer of an employee or any other adverse action taken by an employer against an employee.

(15) Seasonal worker means a person who has been hired for a temporary period of not more than sixteen weeks during a calendar year.

(16) Sexual assault means any physical sexual contact without the consent of the victim.

(17) Sick time means time off from work that is provided by an employer to an employee, whether paid or unpaid, that can be used for the purposes described in Section 9-4105 of this Chapter.

(18) Stalking is as defined in subsection 9-3201(7) of this Code.

(19) Epidemic means an outbreak of disease that spreads quickly and affects many individuals at the same time.

(20) Pandemic means an outbreak of disease that occurs over a wide geographic area and affects an exceptionally high proportion of the population.

Philadelphia, PA § 9-4112. Encouragement of More Generous Sick Time Policies; No Effect on More Generous Policies.
Effective: 5/13/15 – Through: 6/1/23
(1) Nothing in this Chapter shall be construed to discourage or prohibit an employer from the adoption or retention of a sick time policy more generous than the one required herein.

(2) Nothing in this Chapter shall be construed as diminishing the obligation of an employer to comply with any contract, collective bargaining agreement, employment benefit plan or other agreement providing more generous sick time to an employee than required herein.

(3) Nothing in this Chapter shall be construed as diminishing the rights of public employees regarding sick time or use of sick time as provided under Pennsylvania law.

(4) Nothing in this Chapter shall be construed to require an employer to change existing policies or provide additional paid leave if the employer’s existing policy satisfies or exceeds the bill’s accrual requirements and meets all other conditions set forth in this Chapter.

Philadelphia, PA § 9-4105. Use of Paid Sick Time.
Effective: 5/13/15 – Through: 6/1/23
(1) Accrued paid sick time shall be provided to an employee by an employer for:

(a) An employee’s mental or physical illness, injury or health condition; an employee’s need for medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition; an employee’s need for preventive medical care;

(b) Care of a family member with a mental or physical illness, injury or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition; care of a family member who needs preventive medical care; or

(c) Absence necessary due to domestic abuse, sexual assault or stalking, provided the leave is to allow the employee to obtain for the employee or the employee’s family member:

(.1) Medical attention needed to recover from physical or psychological injury or disability caused by domestic or sexual violence or stalking;

(.2) Services from a victim services organization;

(.3) Psychological or other counseling;

(.4) Relocation due to the domestic or sexual violence or stalking; or

(.5) Legal services or remedies, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic or sexual violence.

(2) Accrued sick time shall be provided upon the oral or written request of an employee. When possible, the request shall include the expected duration of the absence.

(3) When the need for sick time is known to the employee in advance, such as for a scheduled appointment with a health care provider, the employee shall provide notice of the need for such time to the employer in advance of the use of the sick time and shall make a reasonable effort to schedule the use of sick time in a manner that does not unduly disrupt the operations of the employer. For all other absences, the employee shall notify the employer before the start of the employee’s scheduled work hours, or as soon as practicable if the need arises immediately before or after the employee has reported for work.

(4) Accrued sick time may be used in the smaller of hourly increments or the smallest increment that the employer’s payroll system uses to account for absences or use of other time.

(5) For sick time of more than two (2) consecutive days, an employer may require reasonable documentation that the sick time is covered by subsection (1). For absences due to the purposes described in subsections 9-4105(1)(a) and (b), documentation signed by a heath care professional indicating that sick time is necessary shall be considered reasonable documentation. For absences due to the purposes described in subsection 9-4105(1)(c), documentation signed by a health care professional; a police report indicating that the employee was a victim of domestic abuse, stalking or sexual assault; a court order; or a signed statement from a representative of a victim services organization as defined in Section 9-3201 of this Code, affirming that the employee was a victim of domestic abuse, stalking or sexual assault shall be considered reasonable documentation. An employer may not require that the documentation explain the nature of the illness or the details of the violence.

(6) An employer may not require, as a condition of providing sick time under this Chapter, that the employee search for or find a replacement worker to cover the hours during which the employee is on sick time.

(7) An employee who uses sick time for a purpose described in subsection 9-4105(1)(c) may, after accrued paid sick leave has been exhausted, take unpaid leave as provided in Sections 9-3202 and 9-3208 of this Code.

Philadelphia, PA § 9-4101. Findings.
Effective: 5/13/15 – Through: 6/1/23
Whereas the Council finds that:

(1) Most workers in the City of Philadelphia will at some time during the year need temporary time off from work to take care of their own health needs or the health needs of members of their families.

(2) According to the Employee Benefit Survey of the national Bureau of Labor Statistics, thirty-five percent (35%) to forty percent (40%) of workers in Philadelphia, or approximately 200,000 workers, lack access to paid sick leave. Among workers who have paid sick leave, many have an inadequate amount of time they can use, are limited in their ability to use their sick time without retaliation or cannot use their sick time to care for their families. Nationally, nearly 4 in 10 of all workers do not have earned paid sick days and millions more workers cannot use sick days to care for sick children.

(3) In this economy, earned paid sick days are needed now more than ever. For too many Philadelphians, taking time off from work due to illness or family emergency means sacrificing much-needed income and risking loss of a job. As the economy returns to prosperity, families need every penny of the income they earn to stay financially secure. According to the Mayor’s Task Force on Paid Sick Leave, for a family without paid time off, on average, 3.1 days of pay lost due to illness is equivalent to an entire month’s health care budget and 3.5 days is equivalent to its entire monthly grocery budget.

(4) According to the national Bureau of Labor Statistics, low-income workers, especially women and minorities, are significantly less likely to have earned paid sick days than other members of the workforce. Nationally, four in five low income workers (80%) do not have access to paid sick days.

(5) Providing workers the opportunity to earn time off to attend to their own health care and the health care of family members will ensure a healthier and more productive workforce in the City of Philadelphia. Many studies document the impact of paid sick days on access to and use of preventative care and reduced recovery times. According to the Mayor’s Task Force on Paid Sick Leave, women without paid sick days are significantly less likely to obtain preventive breast exams than women who have access to paid sick leave.

(6) Earned paid sick days will have a positive effect on the public health of the City of Philadelphia by allowing sick workers the occasional option of staying at home to care for themselves when ill, thus reducing their recovery time and reducing the likelihood of spreading illness to other members of the workforce and to the public. The Center for Disease Control and Prevention guidelines recommend that children be kept home for 24 hours after a fever and that people experiencing the flu avoid public contact for 5 days to reduce the risk of contagion for co- workers and the public. Workers without paid sick days are least likely to follow these guidelines.

(7) Paid sick days will also save taxpayers money. Workers without paid sick leave are five times more likely to report using the emergency room adding to avoidable health care costs.

(8) Earned paid sick days will allow parents to provide personal care for their sick children. Parental care makes children’s recovery faster, prevents more serious illnesses, and improves children’s overall mental and physical health.

(9) Families whose children have any learning disability, including autism, face a number of challenges. Parents without access to earned paid sick days must choose between providing essential care and treatment for their children or keeping a job that provides an essential income for their families.

(10) Providing a minimal number of earned paid sick days is affordable for employers and good for business.

(11) Employers who provide the opportunity for workers to earn paid sick days have greater employee retention and avoid the problem of workers coming to work sick and lowering productivity. Workers who come to work sick are less productive and more likely to experience workplace injury. According to the Mayor’s Task Force on Paid Sick Leave, “presenteeism” or coming to work sick is estimated to cost employers twice as much as absenteeism due to illness.

(12) Nationally, almost sixty percent (60%) of those who provide unpaid care to an adult family member or friend must combine their caregiving with employment in order to provide financially for their family member and themselves.

(13) Employees frequently lose their jobs or are disciplined with suspensions or demerits for taking sick days to care for sick family members or even to recover from their own illnesses.

(14) Workers in jobs with significant public contact, such as service workers and restaurant workers, are very unlikely to have earned paid sick days. Because of the lack of earned paid sick days, these workers have no choice but to come to work when they are ill, thereby increasing the risk of passing illnesses on to co-workers and customers. For example, approximately seventy-eight percent (78%) of food service and accommodation workers in the Philadelphia area do not have earned paid sick days.

(15) In 2010, more than 115,000 individuals called the Philadelphia Police Department (PPD) for help with domestic violence emergencies – representing more than 300 calls per day.

(16) Because incidents of domestic violence, sexual assault, and stalking are tragically common and affect a large number of workers, the ability to use earned paid sick days to protect survivors’ jobs when they seek help is an important protection for workers who cannot afford to take unpaid time off.

Philadelphia, PA § 9-4113. Other Legal Requirements.
Effective: 5/13/15 – Through: 6/1/23
This Chapter provides minimum requirements pertaining to sick time and shall not be construed to preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater accrual or use by employees of sick time, whether paid or unpaid, or that extends other protections to employees.

Philadelphia Executive Order 4-14: Establishing Nutrition Standards for Food and Beverages Purchased, Prepared, or Served by City Agencies
Effective: 6/11/14 – Through: 6/1/23
[…]
NOW, THEREFORE, 1, Michael A. Nutter, by the powers vested in me by the Philadelphia Home Rule Charter, hereby ORDER as follows:

Section 1. Definitions
“City Agency.” Any office, agency, department, board, or commission in the Executive and Administrative Branch.
“City Contract.” Any contract awarded or executed by a City Agency that either calls for the provision of food or beverages; or that provides for direct or indirect City funding of the purchase, preparation, or service of food or beverages; all regardless whether food or beverages are a predominant or incidental component of the contract or funding.
“Nutrition Standards.” The nutrition standards and guidelines promulgated by the Health Commissioner pursuant to Section 4 of this Executive Order.

Section 2. Scope and Mandate
A. The Nutrition Standards shall apply to all City Contracts, except as provided in Section 2(C).
B. City Agencies, in collaboration with the Department of Public Health, shall ensure that all food and beverages purchased, prepared, or served in connection with a City Contract comply with the Nutrition Standards. All City Contracts shall so provide.
C. The Nutrition Standards:
(l) Shall be mandatory for City Contracts awarded pursuant to solicitation commenced (whether by sealed bid, request for proposal, or other means) on or after July 1, 2014;
(2) Shall not be mandatory for City Contracts awarded pursuant to solicitation commenced (whether by sealed bid, request for proposal, or other means) before July 1, 2014; however, to the extent feasible, City Agencies shall endeavor to implement the Nutrition Standards for such City Contracts.

Section 3. Exception
Notwithstanding the provisions specified in Section 2, the Nutrition Standards shall not apply where loss of state or federal government funding will result, or where the Health Commissioner finds other extenuating circumstances.

Section 4. Nutrition Standards Established Through Collaboration Between City Agencies
The Health Commissioner, in collaboration with City Agencies expected to be affected by this Executive Order, shall develop and make publicly available a document detailing the nutrition standards and guidelines required by this Executive Order. Affected City Agencies shall provide implementation suggestions and information about their current food and beverage purchase, preparation, and service activities.
The purpose of the Nutrition Standards is to ensure that the City offers a broad range of healthy food and beverages. The Nutrition Standards may vary by City Agency and City Contract if the Health Commissioner, at his or her discretion, determines that such variance is warranted for reasons including, but not limited to, day-to-day operations, food and beverage costs, and seasonal restrictions on particular food or beverages. In addition, the Health Commissioner may, at his or her discretion, phase in the Nutrition Standards to provide for gradual modification of prevailing food preferences.
The Health Commissioner may, as appropriate, amend the Nutrition Standards in accordance with his or her review of the latest scientific data and dietary guidance. The Health Commissioner shall provide adequate notice of any such amendment to all City Agencies then responsible for implementing the Nutrition Standards.

Section 5. Effective Date
This Executive Order shall take effect immediately.

Philadelphia Nutrition Standards and Implementation guide
Effective: 4/1/22 – Through: 6/1/23
PHILADELPHIA NUTRITION STANDARDS
The City of Philadelphia adopted comprehensive nutrition standards via Executive Order in 2014 to ensure that the City offers a broad range of healthy food and beverages to employees and constituents. These standards provide guidance for all meals purchased, served, sold, or prepared through City-funded programming. The Philadelphia Department of Public Health (PDPH) has been working with affected City agencies since 2014 to help them implement the standards into their contracts and food purchasing, preparation and service activities.
Food provides nourishment for our bodies and minds and should be easily accessible to all Philadelphians. The more than 20 million meals served every year by City agencies and city-funded programs are an opportunity to provide nourishing meals and help improve the health of residents throughout the City. Comprehensive nutrition standards reflect the shared values of all agencies and staff that food provided or funded by the City is healthy, appealing, and locally grown when possible.
By implementing these standards, the City of Philadelphia will:
• improve the health of Philadelphians, including nutritionally vulnerable populations such as youth and seniors;
• reduce the economic burden of health care costs associated with heart disease, stroke, and heart and kidney failure; and
• serve as a model for other large institutions, employers, and programs.
The nutrition standards are based on 1) the 2020-2025 USDA Dietary Guidelines for Americans, 2) HHS Food Service Guidelines for Federal Facilities, 3) food standards adopted by other local governments like New York City and 3) review and feedback from City Agencies, program participants and external partners. As the Dietary Guidelines and other nutrition and public health information are updated, the Philadelphia Department of Public Health (PDPH) will make periodic revisions to the standards to ensure they align with the latest dietary guidance.
PHILADELPHIA NUTRITION STANDARDS WHO DO THE STANDARDS IMPACT?
All agencies that purchase, serve, sell, or otherwise provide food to clients, patients, employees and the general public will integrate these standards into their foodservice programs. This includes contracted vendors.1 Where possible, agencies are encouraged to incorporate non-mandatory best practices for healthy meetings, values-based purchasing and nonvending concessions. Some examples include:
• correctional facilities
• youth detention centers
• city-funded afterschool and summer programming
• shelters
• early care and education facilities funded through the Office of Children and Families PHLpreK Program
• congregate care facilities
• vending machines on City-owned or leased property
IMPLEMENTATION
The City of Philadelphia acknowledged that implementation of the Nutrition Standards is a gradual process and identified key areas of the standards (listed below) for departments to prioritize. PDPH will work with departments to provide technical assistance and support to meet these priority areas and the broader standards. Technical assistance varies by department but could include menu review, nutrition analysis, contract review, trainings, product sourcing and vendor outreach.
Priority areas
• Reduce sodium
• Eliminate trans fats
• Increase freshness and variety of fruits and vegetables
• Make water available at all meals
• Increase whole grains
• Reduce added sugar
• Healthier food preparation: no frying, no pre-prepared fried foods
• Quality of food
[…]
WHAT’S IN THIS GUIDE? This guide includes:
• Nutrition Standards for purchased foods and meals and snacks served and
• tools to assist you in planning, purchasing or serving food at your site.
Vending standards and best practices for healthy meetings, sustainability and non-vending concessions can be found at www.phila.gov/nutritionstandards.
[…]
PURCHASED FOODS
Purchased food standards ensure that healthier foods such as fruits and vegetables and lean proteins, are a regular part of people’s diets and that people who only eat a few items of each meal are still eating healthy options. These guidelines apply to the purchase of any single product, and can be incorporated into product specifications in bids and contracts.1
PURCHASED FOOD STANDARDS
NUTRIENT / FOOD PRODUCT
REQUIRED
RECOMMENDED
Trans Fat
All products must have “0 grams” trans fat and no partially hydrogenated oils in ingredient list
Sodium
All products must have ≤ 480 mg sodium per serving, unless otherwise noted. For programs serving majority (51%) adults over 50 years old, all products must have ≤ 360 mg sodium per serving.
Whenever feasible, purchase “low sodium” (≤ 140 mg sodium per serving) or “reduced sodium” (original sodium level reduced by 25%)
Breaded, pre-fried products
Limit purchase of food products that are prepared by deep frying; this includes breaded, pre-fried products like chicken nuggets, chicken patties, fish sticks, etc.
Beverages
All beverages must have ≤ 40 calories per container or serving (except 100% juice and milk). Limit products with artificial sweeteners. All juice is 100% fruit or vegetable juice; single-use containers like juice cups or boxes are limited to 6 oz. Vegetable juice contains ≤ 230 mg sodium per serving. No sugar sweetened beverages or artificially sweetened beverages for programs serving a majority (51%) of children ages 2–18.
Recommend eliminating purchase of all sugar sweetened beverages. Purchase and offer fruit or vegetables instead of juice wherever possible.
Dairy
All milk must be 1% or non-fat, except children < 2 years should be served whole milk. All milk is unsweetened and unflavored.2 All yogurt must be non-fat or low-fat. Plain or flavored yogurt contains ≤ 27 g sugar per 8 oz, ≤ 20 g sugar per 6 oz or ≤ 13 g per 4 oz. Yogurt has natural and added sugar. Choose yogurts with less added sugar and no artificial sweeteners. Any processed cheese food product (i.e. American cheese) contains ≤ 230 mg sodium. Recommend purchasing unprocessed cheese that is low fat- part skim, 1% or 2%- and lower sodium Beef and Pork All beef and pork must be lean (contain ≤ 10% fat). Purchase “extra lean” beef and pork (total fat ≤ 5%). Bacon contains ≤ 290 mg sodium per serving. Recommend not serving pork products to honor religious dietary restrictions. Poultry Canned/frozen poultry must contain ≤ 290 mg sodium per serving. All ground poultry must be lean. (contain ≤ 10% fat). Processed meats6 (this includes luncheon/deli meats, bacon, sausage, hot dogs, etc) All luncheon/deli meats contain ≤ 480 mg sodium per 2 oz serving Bacon/other processed meats contain ≤ 290 mg of sodium per serving Recommend phasing out purchase of processed meats. Seafood, canned and frozen All canned/frozen seafood (e.g., tuna) must have ≤ 290 mg sodium per serving Soups/Gravies All soups/gravies contain ≤ 480 mg sodium per serving Vegetable and/or blended protein products All veggie burgers, patties, meatballs, sausages made with soy, peas, beans, grains, vegetable, and/or blended with meat contain ≤ 480 mg of sodium per serving Bread, Pasta and other grains and starches All sliced sandwich bread must contain ≤ 180 mg sodium per serving, be whole wheat/whole grain rich3 and contain ≥ 2 g fiber per serving. All flour tortillas and wraps are whole wheat/whole grain rich3 , and contain ≥ 2 g fiber per serving. All other grains/starches (buns, hoagie rolls, dinner rolls, muffins, bagels, tortillas, waffles, etc.) must contain ≤ 290 mg sodium per serving. All breakfast breads/pastries (muffins, bars, crumbles, croissants, etc) contain ≤ 12 g sugar per serving Purchase whole grain pasta, whole grain baked goods (dinner rolls, muffins, bagels, English muffins), brown rice, etc. Cereal, hot or cold All cereal has ≤ 215 mg sodium per serving, ≤ 10 g sugar per serving, ≥ 2 g fiber per serving.4,5 Youth-serving facilities serve cereals with ≤ 6 g sugar per dry ounce to align with CACFP and WIC standards. Recommend gradual decrease to ≤ 6 g sugar per dry ounce for cereals for adult-serving facilities. Vegetables All canned/frozen vegetables and beans must have ≤ 290 mg sodium per serving. Purchase a variety of fruits and vegetables including dark orange, leafy green, and red/purple. Purchase fresh or frozen fruits or vegetables. Purchase seasonal and locally grown when possible Fruit All canned fruit and frozen fruit must be packed in unsweetened juice or water (no syrup) with no added sugar. Frozen Whole Meals All frozen whole meals must contain ≤ 35% of the daily sodium limit (adults ≤ 800 mg; ≤ 525 mg seniors). Condiments and sauces Salad dressings contain ≤ 290 mg sodium per serving. Condiments/sauces contain ≤ 480 mg sodium per serving, with the exeption of soy sauce. Due to limited market availability of soy sauce to meet this criterion, use reduced sodium soy sauce instead. Purchase bulk ingredients to prepare condiments from scratch. Use low-fat mayonnaise; reduced sodium soy sauce; low-sodium ketchup; low-fat lowsodium and low-calorie salad dressings (as per FDA definitions7 ). Limit individual packets of condiments (sugar, salt.) Nuts/seeds/nut butters All nuts, seeds, nut/seed butters contain ≤ 230 mg sodium per serving. All nut/seed butters contain ≤ 4 g sugar per serving. Desserts - grain and non-grain based Limit desserts (cookies, cakes, brownies, ice cream, water ice, etc.) to ≤ 200 calories per serving and ≤ 18 g sugar per serving Snacks Snacks should meet all the following criteria: ≤ 250 calories per serving/package, excluding nuts and seeds ≤ 7 g total fat per serving, excluding snacks containing only nuts and/or seeds 0 g trans fat per serving No partially hydrogenated oils in the ingredient list ≤ 1 g saturated fat per serving ≤ 230 mg sodium per serving ≤ 18 g of sugar per serving, except snacks containing only fresh fruit or vegetables, dried fruits or vegetables, or packaged fruit packed in its own juice or water. The snack is not gum, candy or non-baked chips.8 1. The nutrition standards shall not apply if conformance will result in the loss of state or federal government funding. 2. For Departments serving a majority of children age 6–18, flavored milk and flavored fluid milk substitutes can be served, if ≤ 22 grams of sugar per 8 oz. Recommend phasing out over time. 3. Definition of whole wheat/whole grain rich: Be at least 50% whole grain and have one of the following: 1) ≥ 8 g whole grains per serving or 2) whole wheat or whole grain is listed as the first ingredient. 4. In child care facilities (day care facilities, Head Start, Early Head Start, other pre-K programs), cereal has ≤ 6 grams sugar per serving. 5. Cereals that contain dried cranberries, dates and/or raisins are exempt from the sugar standard due to the limited availability of this product type that meets the sugar standard. Cereals must still meet fiber and sodium standards. Recommend phasing out these high sugar cereals over time. 6. Processed meats have been identified by the World Health Organization as a Category 1 carcinogen and should be phased out of meal service/purchasing entirely. 7. FDA definitions [...] 8. Chips prepared by frying that meet specific ingredient criteria in addition to the snack criteria may be allowable dependent on PDPH product review MEALS AND SNACKS SERVED The meal and snack standards ensure that all meals and snacks served are healthy and well-balanced. The Dietary Guidelines for Americans recommend following a healthy dietary pattern at every stage of life to meet nutrient needs and reduce the risk of chronic disease. A healthy dietary pattern consists of nutrient-dense forms1 of foods and beverages across all food groups, including fruits, vegetables, whole grains, dairy and oils. MEALS: FOOD STANDARDS NUTRIENT / FOOD PRODUCT REQUIRED RECOMMENDED Fruits and Vegetables Minimum of 2 servings2 per meal for lunch and dinner. For agencies serving3 meals per day, minimum of 5 servings of fruits and vegetables a day. Offer a variety of fruits and vegetables such as dark orange, red/purple, or dark green leafy Substitute canned with fresh or frozen. For lunch and dinner, serve at least 1 fruit and 1 vegetable whenever possible. Use seasonal and locally grown where possible. For breakfast, serve at least one fruit whenever possible. Whole Grains Serve at least one whole grain-rich food per day3 Serve whole-grain rich items whenever possible. Water Water, preferably tap water, is available at all meals (in addition to or in place of other beverages regularly served). Tap water should be used wherever possible in place of bottled water for drinking and cooking. Juice Juice must be 100% fruit or vegetable juice, limited to ≤ 6 oz per serving. If meals provided, serve juice no more than 1 time per day. If only 1 meal or snack is provided per day, serve juice no more than 2 times per week. Serve fruit or vegetable in place of juice. Artificially sweetened beverages If serve artificially sweetened beverages for adults, limit to no more than one serving per day. No artificially sweetened beverages for programs serving a majority (51%) of children ages 2-18. Processed meats (includes luncheon/deli meats, bacon, sausage, hot dogs, etc) Serve processed meats no more than 2 times per week. Gradually phase-out service of processed meat products. Breaded, pre-fried products (includes chicken nuggets, chicken patties, fish sticks, etc.) Serve breaded, pre-fried products no more than two times per week. Gradually phase-out service of breaded, pre-fried products. Vegetarian/plant-based entrees Serve at least one vegetarian or plant-based entrée for lunch and dinner per week. Desserts - grain and non-grain based Maximum of 2 servings of desserts (doughnuts, pastries, cookies, cake, brownies, ice cream, water ice, etc.) per week. No more than 200 calories per serving and ≤ 18 g sugar per serving. Grain-based desserts cannot be substituted for grains on menu. Use fruit or low calorie/low fat items for desserts whenever possible. METHOD REQUIRED METHOD REQUIRED RECOMMENDED Condiments Use low-fat mayonnaise; reduced sodium soy sauce; low-sodium ketchup; and low-fat and low-sodium and low-calorie (kcal) salad dressings (as per FDA definitions4) Purchase bulk ingredients to prepare sauces and dressings from scratch. Cultural and religious food accommodations Serve food and beverage options that reflect diverse cultural traditions and preferences and religious practices. See Section 3 for more details. Recommend not serving pork products to honor religious dietary practices. Food Presentation and Marketing Any promotional signage should encourage the selection of healthy offerings at the point of choice or point of sale. Feature fruits and vegetables at the front of the serving line. Placing items in plain view and/or at eye level can help influence customers to choose healthy items. Use a pricing strategy that favors healthier food options. Use catchy or appealing names for menu items. Food Preparation Deep fryers must be eliminated. No deep frying may be used to prepare foods. Use scratch cooking—wherever possible prepare foods on-site from bulk, whole, unprocessed ingredients. Work with PDPH to determine if changes are possible or needed to portion sizes and serving containers (e.g., the size of food plates and beverage cups) to ensure nutritional balance. [...] MEALS: NUTRIENT STANDARDS REQUIRED Calories (kcal) Adults: 1,800–2,100 kcal daily Adults, Men Correctional: ≤ 2,800 kcal daily Adults, Women Correctional: ≤ 2,200 kcal daily Youth, Detention Facilities: ≤ 2,500 kcal daily Sodium¹²³ Adults, ages 19–50: ≤ 2,300 mg daily breakfast: ≤ 700 mg · lunch: ≤ 800 mg · dinner: ≤ 800 mg Adults, age 51 and over: ≤ 1,500 mg daily Fat Saturated Fat: ≤ 10% of calories Trans Fat: 0 g from artificial sources Fiber Children, ages 1–3: ≥ 19 g daily Children, ages 4–18: ≥ 25 g daily Adults, ages 19 and over: ≥ 28 g daily Sugar Added Sugars: < 10% of calories (45-53 grams- based on 1800 to 2100 calories) 1. Agencies should aim to reduce sodium by 5-10% each year until the standard is met RECOMMENDED Protein Adults: 10–35% of kcal daily Carbohydrates Adults: 45–65% of kcal daily Potassium Adults: 4,700 mg daily Calcium Adults: 1,000 mg daily Iron Adults, Men: ≥ 8 mg daily Adults, Women: ≥ 18 mg daily SNACK STANDARDS These snack guidelines are in compliance with the snack requirements of the USDA’s Child & Adult Care Food Program (CACFP), with the exception of low-calorie beverages for sites serving adults. OVERALL GUIDELINES ✓ All items must be 0 g trans fat and have no partially hydrogenated oils in ingredient list. ✓ Water (preferably tap water) is available at all snack times, in addition to other beverages regularly served. Choose at least 2 items, each from a different category. CATEGORIES REQUIRED RECOMMENDED Category 1: Dairy Beverages Serving size is 1 cup (8 oz) Milk must be 1% or fat-free and unflavored.4,5,6 Fluid milk substitute (e.g., soymilk) must be ≤ 100 calories per serving Phase out flavored milk over time. Category 2: Fruit or juice Acceptable choices including but not limited to: fresh fruit, dried fruit with no added sugar, applesauce with no added sugar, canned fruit in its own juice or water Serving size is ¾ cup If juice must be served, it must be 100% juice and portion size limited to ≤ 6 oz per serving. If providing snacks only, serve 100% juice no more than 2 times per week. Serve fresh fruit whenever possible Serve local seasonal fruit whenever possible. Category 3: Vegetable Acceptable choices including but not limited to: carrot sticks, celery sticks, pepper slices, salads Serving size is ¾ cup Serve fresh vegetables whenever possible. Serve local seasonal vegetables whenever possible Category 4: Bread or Grain Acceptable choices including but not limited to: whole wheat pita, whole grain cereal and crackers, whole grain bread, plain popcorn Serving size is 1 oz equivalent (½ cup or 1 slice). Sodium must be ≤ 180 mg per serving for sliced sandwich bread, and ≤ 230 mg for crackers, chips, salty snacks. Fiber ≥ 2 g per serving Grain or bread products should have ≤ 18 g sugar per serving and cannot be doughnuts, pastries, croissants, cake, etc. Serve whole grain items whenever possible. Category 5: Protein (meat or meat alternative) Acceptable choices including but not limited to: hummus, bean dip, cottage cheese, lowfat cheese, hard-boiled eggs, low-fat or non-fat yogurt, lowsodium tuna, nuts, nut butters, sunflower seeds Serving size is 1 oz cheese; ≤ 2 oz beans; ≤ 4 oz yogurt; 2 Tbsp nut butter; 1 oz meat. SNACK STANDARDS CONTINUED OTHER CONSIDERATIONS REQUIRED RECOMMENDED Beverages (for sites serving adults) Acceptable choices including but not limited to: plain water, plain or artificialy sweetened seltzer water or tea ≤ 40 calories per container or serving for beverages other than 100% juice or milk. Condiments Salad dressings or dips contain ≤ 290 mg sodium per serving Use low-fat cholesterol-free mayonnaise; reduced-sodium soy sauce; low-sodium ketchup; and low-fat and low-sodium and lowcalorie (kcal) salad dressings (as per FDA definitions⁷). Food Preparation Use added fats and sugars sparingly. Use olive and canola oils. Wherever possible, prepare snacks on site using whole, unprocessed ingredients. [...] 1. Agencies should aim to reduce sodium by 5-10% each year until the standard is met 2. For specific sodium limits for chilldren under 18 years old by meal, see Section 3: Population-specific Standards and Exceptions of the Philadelphia Nutrition Standards. 3. For calorie and other nutrient recommendations for children, see the USDA Dietary Guidelines for Americans, www.dietaryguidelines.gov. 4. Children 12 months to < 2 years old should be served unvlavored whole milk. Children 2-5 years old should be served unflavored skim or 1% milk. 5. Children 6-18 years can be served flavored fat-free milk or fluid milk substitutes, if < 22 grams of sugar per 8 oz serving. 6. No artificial sweeteners for programs serving a majority (51%) of children ages 2–18. 7. FDA definitions [...] Philadelphia Nutrition Standards Effective: 6/20/16 - Through: 6/1/23 [...] By implementing these standards the City of Philadelphia will:  improve the health of Philadelphians, including nutritionally vulnerable populations such as youth and seniors;  reduce the economic burden of health care costs associated with heart disease, stroke, and heart and kidney failure; and  serve as a model for other large institutions, employers, and programs. The nutrition standards are based on 1) the 2015 USDA Dietary Guidelines, 2) food standards adopted by the federal government and other local governments and 3) review and feedback from City Agencies. As the Dietary Guidelines and other public health information are updated, the Philadelphia Department of Public Health (PDPH) will make periodic revisions to the standards to ensure they align with the latest dietary guidance. Who do the standards impact? All agencies that purchase, serve, sell, or otherwise provide food to clients, patients, employees and the general public will integrate these standards into their foodservice programs (Sections 1-4). This includes contracted vendors.1 Where possible, agencies are encouraged to incorporate non-mandatory best practices for healthy meetings, sustainability and non-vending concessions (Sections 5-7). Some examples include:  correctional facilities  youth detention centers  city-funded afterschool and summer programming  shelters  health care facilities  vending machines on City-owned or leased property What types of standards are there? Section s 1-4: Nutrition Standards 1. Purchased Food: nutrient standards for individual ingredients purchased for preparation on site (e.g., dairy, bread/pasta, beverages, cereal, fruit and vegetables, meat). 2. Meals and Snacks Served: menu planning for meals and snacks served by program staff or a contracted vendor (daily amounts of calories, sodium, and saturated fat; standards for servings, portions, and preparation). 3. Population-specific Standards and Exceptions: standards for specific populations and exceptions for certain settings and circumstances. 4. Vending: nutrient standards for foods and beverages offered for sale on City-owned or leased property through vending machines. Section s 5-7: Best Practices (non-mandatory) 5. Healthy Meetings/Party Guidelines: nutrition recommendations for trips, holiday parties, meetings and special events 6. Sustainability Guidelines: recommendations for departmental purchasing related to local and sustainable criteria. 7. Public Concessions, Catering and Special Events Best Practices: encouraged best practices for City-managed concessions or special events where food is served or sold to the general public. [...] Section 2: Meals and Snacks Served The meal and snack standards ensure that all meals and snacks served are healthy and well-balanced. Meals – Food Standards Fruits and Vegetables Required: Minimum of two servings per meal for lunch and dinner. For Agencies serving three meals per day, minimum of five servings of fruits and vegetables a day. Recommended: Substitute canned with fresh or frozen. For lunch and dinner, serve at least one fruit and one vegetable whenever possible. For breakfast, serve at least one fruit whenever possible. Offer a variety of fruits and vegetables such as dark orange, red/purple, or dark green leafy.Use seasonal and locally grown where possible. Whole grains Required: Serve at least one whole grain-rich food per day Recommended: Serve whole-grain rich items whenever possible Water Required: Water is available at all meals (in addition to or in place of other beverages regularly served). Recommended: Tap water should be used wherever possible in place of bottled water for drinking and cooking. Juice Required: Juice must be 100% fruit or vegetable juice, limited to ≤ 6 oz per serving. If meals provided, serve juice no more than one time per day. If only one meal or snack is provided per day, serve juice no more than 2 times per week. Recommended: Serve fruit or vegetable in place of juice. Luncheon/deli meats Required: Serve luncheon/deli meats no more than two times per week. Vegetarian entrees Required: Serve at least one vegetarian or bean-based entrée for lunch and dinner per week. Desserts- grain and non-grain based Required: Maximum of two servings of desserts (doughnuts, pastries, cookies, cake, brownies, ice cream, water ice, etc.) per week No more than 200 calories per serving and ≤ 18 g sugar per serving Grain-based desserts cannot be substituted for grains on menu Recommended: Use fruit or low calorie/low fat items for desserts whenever possible. Food preparation Required: Deep fryers must be eliminated. No deep frying may be used to prepare foods. Recommended: Use scratch cooking – wherever possible prepare foods on-site from bulk, whole, unprocessed ingredients. [...]

Philadelphia Code of Ordinances, Sec. 9-3901. General Provisions.
Effective: 7/1/20 – Through: 6/1/23
(1) Administration. Subcode A of Title 4 (the Philadelphia Administrative Code) shall apply to the provisions of this Chapter, and govern their administration and Chapter 9-100 shall not apply to this Chapter.
(2) Application and Issuance. In addition to the provisions set forth in Subcode A of Title 4, the following provisions shall also apply to licenses required by this Chapter:
(a) An applicant for a new license or the renewal of a license shall complete an application provided by the Department. The application shall contain the following information, and such other information as the Department may require:
(.1) The name and address of the owner or owners of the property.
(.a) If an owner of the property is not a natural person or a publicly traded company, the application shall identify, in addition to the owner of the property, the name and preferred mailing address of each natural person who has an equity interest in such owner or owners of the property that exceeds one or more of the following, regardless of whether the natural person has a direct equity interest or such natural person’s equity interest is held through one or more tiers of a corporate structure, such as parent-subsidiary structure: (a) forty-nine percent (49%) of the value of the property or (b) forty-nine percent (49%) of the value of the owner of the property. If no natural person has such an interest, the application shall identify the name and preferred mailing address of the two natural persons who have the largest equity interest in the property.
(.2) The address of the property for which application is made and the type of dwelling, if any.
(.3) The name, address and telephone number of the Managing Agent for the property, in compliance with Section 9-3907. The address provided for the Managing Agent shall not be a Post Office Box.
(.4) The owner’s commercial activity license number, if the owner is required to have such license.
(b) The Department shall issue or renew a license if it finds:
(.1) The applicant has completed the application and paid the license fee;
(.2) The owner has a valid commercial activity license, if required;
(.3) There are no outstanding violation notices associated with the property for which the application is made that were issued under Title 4 which have been of record for more than 30 days, unless the owner has filed an appeal of the violation which is pending, and the owner has notified the Department of such appeal in a manner prescribed by the Department; and
(.4) Any other license issuance requirements set forth in Subcode A of Title 4 have been satisfied.
(c) Applicants shall have an ongoing obligation to provide accurate and up to date information, and to correct inaccurate information. An applicant shall notify the Department of any changes to the information set forth in an application submitted pursuant to subsection 9-3901(2)(a) within ten (10) business days of such change, provided that the Department may rely on the accuracy of the current application on file at a given date.
(3) Fee, Term and Transfer. In addition to the provisions set forth in Subcode A of Title 4, the following provisions shall also apply to licenses required by this Chapter:
(a) Except as otherwise provided in this Chapter, the license term shall be determined by the Department by regulation. License fees shall be as provided in Section A-906 of Subcode A of Title 4.
(b) Licenses are not transferable. If the ownership of a property changes during a license term, the new owner must obtain a new license within ten business days after such transfer of ownership.
(c) If any of the information set forth in a license application or license renewal application changes during the term of a license, the owner shall provide updated information in writing to the Department within ten business days of such change.
(4) Non-compliance, Private Right of Action and Suspension. In addition to the provisions for license suspension set forth in Subcode A of Title 4, the following provisions shall also apply to licenses required by this Chapter:
(a) The Department is authorized to immediately suspend a license if a property is deemed unfit or unsafe or imminently dangerous.
(b) The Department is authorized to suspend a license at the request of the District Attorney with respect to any property subject to forfeiture to the Commonwealth under the provisions of 42 Pa. C.S. § 6801 or other applicable law.
(c) A license issued may be suspended by the Department for failure to comply with the requirements of this Code after a re-inspection has been made to determine compliance pursuant to Section A-503.1 of Subcode A, or for failure to pay any fine and/or cost imposed under this Chapter or Subcode A, and such suspension shall continue until there has been compliance and until any unpaid fines and costs have been paid.
(d) The Department shall provide written notice and an opportunity for a hearing prior to any suspension of a license under this Section.
(e) Non-compliance. Any owner who fails to obtain a rental license as required by Section 9-3902, or to comply with Section 9-3903 regarding a Certificate of Rental Suitability, or whose rental license has been suspended, shall be denied the right to recover possession of the premises or to collect rent during or for the period of noncompliance or during or for the period of license suspension. In any action for eviction or collection of rent, the owner shall attach a copy of the license.
(f) Private Right of Action. Any tenant of any property subject to the provisions of this Chapter shall have the right to bring an action against the owner of such property to compel compliance with this Chapter. Such private right of action neither limits nor expands the rights of private parties to pursue any legal rights and claims they may possess under a written agreement or at Common Law.
(5) Definitions. The following terms shall have the following meanings in this Chapter.
(a) Dormitory: A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group.
(b) Dwelling unit: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, including such units contained within residential condominium buildings.
(c) Equity interest: A legal or equitable ownership interest in a property or business, however designated, including, but not limited to, capital stock, partnership interests, or membership interests.
(d) Family: A person living independently or a group of persons living as a single household unit using housekeeping facilities in common, but not to include more than three persons who are unrelated by blood, marriage, adoption, or foster-child status, or are not Life Partners.
(e) Hotel: Any building containing six or more guestrooms, intended or designed to be occupied, or which are rented or hired out to be occupied, for sleeping purposes by guests.
(f) Let for occupancy: To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
(g) Multiple-family dwelling: A building containing more than two dwelling units.
(h) Occupancy: The purpose for which a building or portion thereof is used or occupied.
(i) One-family dwelling: A building containing one dwelling unit with not more than five lodgers or boarders in addition to the primary family.
(j) Operator: Any person who has charge, care, management, or control of a structure or premises, or portion of a structure or premises, which is occupied.
(k) Owner: Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the Commonwealth of Pennsylvania or City and County of Philadelphia as holding title to the property; or otherwise having control of the property; including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
(l) Person: An individual, corporation, firm, partnership, association, organization, or any other group acting as a unit.
(m) Premises: A lot including all buildings and structures erected on that lot.
(n) Rooming house: A building containing rooming units arranged or occupied for lodging, with or without meals, and not occupied as a one-family dwelling or a two-family dwelling.
(o) Rooming unit: Any room or group of rooms which together form a single habitable unit occupied or intended to be occupied by an individual or family for sleeping or living, but not for cooking purposes.
(p) Two-family dwelling: A building containing two dwelling units with not more than five lodgers or boarders in addition to the primary family in each dwelling.
(6) Exemptions. Properties owned and operated by the Philadelphia Housing Authority and its subsidiaries in compliance with the Department of Housing and Urban Development federal property maintenance standards are exempt from all licensing requirements set forth in Section 9-3902 (“Rental Licenses”) and any related fees. The ownership, operation and rental of such properties shall be exempt from all licensing requirements set forth in Section 19-2602 of the Code pertaining to commercial activity licenses.

Philadelphia Code of Ordinances, Sec. 9-3902. Rental Licenses.
Effective: 4/1/22 – Through: 6/1/23
(1) Required.
(a) The owner of any dwelling unit, multiple family dwelling, rooming house, dormitory, hotel, one-family dwelling, two-family dwelling, or rooming unit let for occupancy must obtain a rental license. No person shall collect rent with respect to any property that is required to be licensed pursuant to this Section unless a valid rental license has been issued for the property.
(b) Exceptions.
(.1) If a building contains multiple dwelling units, a single rental license may be obtained for the entire building, provided that such license shall specify each unit in such building governed by such license.
(.2) A rental license is not required for any dwelling unit that is occupied by the owner or a member of the owner’s family, provided that the Department may require the owner to submit an Affidavit of Non-Rental.
(.3) The holder of a housing inspection license under former Section PM-102.1 for 2015, or the owner of any dwelling or dwelling unit subject to the requirements of this Section that is part of a building governed by a housing inspection license applicable to such building in its entirety in 2015, need not obtain a rental license in order to let the property or any portion of such property for occupancy in 2015.
(.4) A rental license shall not be required for use as limited lodging, as defined at subsection 14-604(13) of this Code, so long as the activity is licensed pursuant to Section 9-3909 of this Chapter (“Limited Lodging Operator License”).
(2) Suspension. In addition to the provisions for license suspension and revocation set forth in Subcode A of Title 4, a rental license may also be suspended for any violations of Section 6-803 (“Lead Disclosure Obligation”), subsection (3) (“Rental Protections”).

Philadelphia Code of Ordinances, Sec. 9-3903. Certificate of Rental Suitability; Required Tenant Documents.
Effective: 7/1/20 – Through: 6/1/23
(1) Required.
(a) The owner of any property for which a rental license is required shall, at the inception of each tenancy, provide to the tenant a Certificate of Rental Suitability that was issued by the Department no more than sixty days prior to the inception of the tenancy. The owner shall at the same time provide the tenant a copy of the owner’s attestation to the suitability of the dwelling unit as received by the Department pursuant to subsection 9-3903(2)(b)(.3), and a copy of the “City of Philadelphia Partners for Good Housing Handbook” issued by the Department, or such other document as the Department shall require. The Certificate of Rental Suitability may be for either an individual dwelling unit, or for the entire building in which the unit is located.
(b) Exception. The provisions of subsection 9-3903(1)(a) shall not apply with respect to any rental to a tenant who is a member of the owner’s family.
(2) Application and Issuance.
(a) Applications for a Certificate of Rental Suitability shall be made on forms provided by the Department.
(b) The Department shall issue a Certificate of Rental Suitability only after it determines that:
(.1) The owner of the property has obtained all required licenses with respect to the property, including a rental license.
(.2) There are no outstanding violation notices under this Code with respect to the property, except with respect to violations for which there is a pending appeal of which the owner has notified the Department in a manner prescribed by the Department.
(.3) The owner of the premises to be leased acknowledges the obligation to provide a fit and habitable property and states that: (1) all fire protection and smoke detection equipment for the premises are present and in proper operating order in accordance with all applicable requirements of The Philadelphia Code and regulations and standards adopted thereunder; (2) the operating systems are working properly to provide a fit and habitable condition; and (3) the owner will continue to maintain all fire protection and smoke detection equipment for the premises in accordance with all applicable requirements of The Philadelphia Code and regulations and standards adopted thereunder, will continue to maintain the operating systems in proper working order, and will continue to maintain the property in a fit and habitable condition.
(c) The Certificate shall set forth the applicable rental license number for the property, the date of the last inspection conducted by the Department (where applicable) and the applicable zoning designation, and shall set out the process by which a tenant may request a further inspection of the property by the Department.
(d) Failure by the owner to correct code violations covered by subsection (2)(b)(.3) within thirty (30) days of receiving a notice of violation, or sooner as indicated by the Department, shall be considered to be noncompliance with this Section.
(3) Fee.
(a) The owner of the property shall not be required to pay a fee.

Philadelphia Code of Ordinances, Sec. A-906.2 Rental License Fee.
Effective: 7/1/17 – Through: 6/1/23
The annual license fee for a rental license issued under Section 9-3902 shall be fifty-five dollars ($55) for each dwelling or rooming unit with a maximum annual fee of twenty-two thousand dollars ($22,000) per dwelling.
A-906.2.1 Owner unit exemption: For two-family dwellings, the fifty-five dollar ($55) license fee is waived for a dwelling unit occupied by an owner listed on the title deed to the property.
A-906.2.2 Agency fee: The maximum annual aggregate fee paid by an agency or authority in the business of providing low cost or public housing shall be two hundred fifty thousand dollars ($250,000).

Philadelphia Code § 9-808 Legal Representation in Landlord Tenant Court
Effective: 12/4/19 – Through: 6/1/23
(1) Definitions.

(a) Covered Individual. Any person who occupies a dwelling in the City of Philadelphia under a claim of legal right other than the owner, including any tenant in a building owned, operated, or managed by the Philadelphia Housing Authority, whose annual gross income is not in excess of two hundred percent (200%) of the federal poverty guidelines as established and updated periodically by the United States Department of Health and Human Services (42 U.S.C. § 9902(2)).

(b) Covered Proceeding. Any judicial or administrative proceeding to evict or terminate the tenancy or housing subsidy of a Covered Individual, any proceeding deemed by a Designated Organization as the functional equivalent of such a proceeding, or any first appeal of such a proceeding, including any judicial or administrative proceeding to remedy a violation of Chapter 9-800 of this Code, Philadelphia Fair Housing Ordinance, or Chapter 9-1600 of this Code, Prohibition Against Unlawful Eviction Practices. 1001

(c) Designated Organization. Any not-for-profit organization or association that has the capacity to provide Full Legal Representation to Covered Individuals facing eviction, agrees to adhere to the standards of practice set forth in regulations, and is designated by the Managing Director pursuant to this Chapter.

(d) Designated Community Group. A not-for-profit community organization or association that has the capacity to conduct tenant outreach, engagement, education, and information provision, and is designated by the Managing Director.

(e) Full Legal Representation. Ongoing legal representation provided by a Designated Organization to a Covered Individual and all legal advice, advocacy, and assistance associated with such representation. Such representation includes, but is not limited to, the filing of a notice of appearance on behalf of the Covered Individual in a Covered Proceeding.

(2) Legal Representation in Landlord Tenant Court.

(a) The Managing Director shall ensure that all Covered Individuals receive Full Legal Representation from a Designated Organization in a Covered Proceeding, as soon as possible after the initiation of such proceeding, the notice of intent to initiate such a proceeding, or at such time as a Designated Organization determines a proceeding should be initiated, and no later than at the time of the individual’s first scheduled appearance in a Covered Proceeding. Covered Individuals shall receive Full Legal Representation unless circumstances specific to the individual make Full Legal Representation infeasible to render as provided by regulation.

(b) Designated Organizations and Community Groups shall, as provided by regulation, engage and educate tenants of their rights and available resources.

(c) Full Legal Representation, as set forth in this Section 9-808(2), shall be phased in according to such multi-year timeline as the Managing Director may determine, and shall be effective only at such time as the Managing Director certifies that the Managing Director’s Office is prepared to spend appropriations to fund such legal representation. If projected need for legal representation to Covered Individuals exceeds the available funds, the provision of Full Legal Representation may be prioritized by reasonable standards as provided by regulation.

(d) The Managing Director, or such agency as the Managing Director may designate, shall promulgate such regulations as necessary to implement a legal representation program pursuant to this Section 9-808 and the funding limits for such program prior to its implementation.

(e) If any provision of this Ordinance or application thereof to any persons or circumstances is judged invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions or applications of the Ordinance that can be given effect without the invalidated provision or application and to this end the provisions of the ordinance are declared severable.

(f) On August 31 of each year, the Managing Director’s Office shall submit a written report to the President and Chief Clerk of Council detailing the number of covered individuals served, the extent of Full Legal Representation performed, metrics evaluating outcomes, as well as a summary of the engagement and education of tenants. The Managing Director shall post this report online.

35 PA. Cons. Stat. § 637.11 Preemption of local ordinances
Effective: 9/11/08 – Through: 6/1/23
(a) General rule.–Except as set forth in subsection (b), the following apply:

(1) This act shall supersede any ordinance, resolution or regulation adopted by a political subdivision concerning smoking in a public place.

(2) No political subdivision shall have the authority to adopt or enforce any ordinance, regulation or resolution which is in conflict with this act.

(b) Exception.–Subsection (a) shall not apply to a city of the first class. A city of the first class may not change or amend its ordinance to conflict with any provision of this act.

35 PA. Cons. Stat. § 637.2 Definitions
Effective: 9/11/08 – Through: 6/1/23
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Cigar bar.” Any of the following:

(1) An establishment which, on the effective date of this section, operates pursuant to an eating place retail dispenser’s or restaurant liquor license under the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, and is physically connected by a door, passageway or other opening and directly adjacent to a tobacco shop.

(2) An establishment which, at any time, operates pursuant to an eating place retail dispenser’s license, malt or brewed beverage distributor’s license or restaurant liquor license under the Liquor Code, and has total annual sales of tobacco products, including tobacco, accessories or cigar storage lockers or humidors of at least 15% of the combined gross sales of the establishment.

“Department.” The Department of Health of the Commonwealth.

“Drinking establishment.” Any of the following:

(1) An establishment which:

(i) operates pursuant to an eating place retail dispenser’s license, restaurant liquor license or retail dispenser’s license under the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code;

(ii) has total annual sales of food sold for on-premises consumption of less than or equal to 20% of the combined gross sales of the establishment; and

(iii) does not permit individuals under 18 years of age.

(2) An enclosed area within an establishment which, on the effective date of this section:

(i) operates pursuant to an eating place retail dispenser’s license, restaurant liquor license or retail dispenser’s license under the Liquor Code;

(ii) is a physically connected or directly adjacent enclosed area which is separate from the eating area, has a separate air system and has a separate outside entrance;

(iii) has total annual sales of food sold for on-premises consumption of less than or equal to 20% of the combined gross sales within the permitted smoking area of the establishment; and

(iv) does not permit individuals under 18 years of age.

The term does not include a nightclub.

“Full-service truck stop.” An establishment catering to long-haul truck drivers that provides shower facilities for a fee.

“Gaming floor.” Any portion of a licensed facility where slot machines have been installed for use or play as approved by the Pennsylvania Gaming Control Board. The term does not include an area adjacent to the gaming floor, including any hallway, reception area, retail space, bar, nightclub, restaurant, hotel, entertainment venue or office space.

“Licensed facility.” As defined in 4 Pa.C.S. § 1103 (relating to definitions).

“Night club.” A public hall or hall for which admission is generally charged and which is primarily or predominantly devoted to dancing or to shows or cabarets as opposed to a facility that is primarily a bar, tavern or dining facility.

“Private club.” An organization which is any of the following:

(1) A reputable group of individuals associated together as an organization for legitimate purposes of mutual benefit, entertainment, fellowship or lawful convenience which does all of the following:

(i) Regularly and exclusively occupies, as owner or lessee, a clubhouse or quarter for the use of its members.

(ii) Holds regular meetings; conducts its business through officers regularly elected; admits members by written application, investigation and ballot; and charges and collects dues from elected members.

(iii) Has been in continuous existence for a period of ten years as such an organization.

(2) A volunteer ambulance service.

(3) A volunteer fire company.

(4) A volunteer rescue company.

“Public meeting.” A meeting open to the public. The term includes a meeting under 65 Pa.C.S. Ch. 7 (relating to open meetings).

“Public place.” An enclosed area which serves as a workplace, commercial establishment or an area where the public is invited or permitted. The term includes:

(1) A facility which provides education, food or health care-related services.

(2) A vehicle used for mass transportation. This paragraph includes a train, subway, bus, including a chartered bus, plane, taxicab and limousine.

(3) A train station, subway station or bus station.

(4) A public facility. This paragraph includes a facility to which the public is invited or in which the public is permitted and a private home which provides child-care or adult day-care services.

(5) A sports or recreational facility, theater or performance establishment.

“Smoking.” The carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device.

“Tobacco shop.” A business establishment whose sales of tobacco and tobacco-related products, including cigars, pipe tobacco and smoking accessories, comprise at least 50% of the gross annual sales. This term does not include a stand-alone kiosk or establishment comprised solely of cigarette vending machines.

“Volunteer ambulance service.” As defined in section 102 of the act of July 31, 2003 (P.L.73, No.17), known as the Volunteer Fire Company and Volunteer Ambulance Service Grant Act.

“Volunteer fire company.” As defined in section 102 of the act of July 31, 2003 (P.L.73, No.17), known as the Volunteer Fire Company and Volunteer Ambulance Service Grant Act.

“Volunteer rescue company.” As defined in section 102 of the act of July 31, 2003 (P.L.73, No.17), known as the Volunteer Fire Company and Volunteer Ambulance Service Grant Act.

“Workplace.” An indoor area serving as a place of employment, occupation, business, trade, craft, professional or volunteer activity.

Philadelphia Code §10-602 Smoking
Effective: 12/1/20 – Through: 6/1/23
(1) Short Title. This Section shall be known and may be cited as, “The Clean Indoor Air Worker Protection Law”.

(2) Definitions. The following definitions apply to this Section:

(a) Enclosed Area. All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of doors or passageways) which extend from the floor to the ceiling.

(b) Food or Beverage Establishment. Any restaurant, bar, coffee shop, cafeteria, sandwich stand, diner, fast food establishment, cafeteria, banquet hall, catering facility, food court, or any other eating or drinking establishment which gives or offers for sale food or drink to the public, guests, or employees whether for consumption on or off the premises, and including any such eating or drinking establishment located in a Lodging Establishment, Sports or Recreational Facility, or Theater or Performance Establishment.

(c) Lodging Establishment. Any hotel, motel, inn, resort, guest house, bed and breakfast establishment, or other building which holds itself out by any means, including advertising, license, registration with an innkeepers’ group convention listing association, travel publication or similar association or with a government agency, as being available to provide overnight lodging or use of facility space, such as space for food and beverage service or meeting rooms, for consideration to persons seeking temporary accommodation.

(d) Smoking. Inhaling, exhaling, burning or carrying any lighted cigarette, cigar, pipe or other such device which contains tobacco or other smoke producing products.

(e) Specialty Tobacco Establishment. A Food or Beverage Establishment whose on-site sales or rentals of tobacco, tobacco-related products and accessories for consumption or use on the premises comprises fifteen percent (15%) or more of gross sales on an annual basis, or on such other basis as the Department of Licenses and Inspections shall by regulation provide with respect to such establishments that have been open for less than one full year. For purposes of computing gross sales data, sales from vending machines shall not be included.

(f) Sports or Recreational Facility. Any enclosed or unenclosed stadium, pavilion, gymnasium, health club, spa, swimming pool, roller or ice rink, bowling alley, boxing arena, billiard parlor, pool hall or other similar place where members of the general public assemble either to engage in physical exercise, participate in recreational activities or athletic competition, or witness sports or other events.

(g) Theater or Performance Establishment. Any enclosed or unenclosed facility primarily used for the exhibition of any motion picture, concert, stage drama, musical recital, dance, lecture or other similar performance.

(h) Tobacco Products Distribution Business. An establishment whose primary business is the retail and/or wholesale sale of tobacco, tobacco-related products and accessories for consumption on or off the premises. For purposes of this definition the term “primary” shall mean that ninety percent (90%) or more of the gross sales on an annual basis, or on such other basis as the Department of Licenses and Inspections shall by regulation provide with respect to such establishments that have been open for less than one full year, shall derive from tobacco, tobacco-related products and accessories. The business may also include areas for the import, export, storage and distribution of tobacco, tobacco-related products and accessories; areas for testing of such products and accessories by employees; and, accessory office space. Such business shall not include the selling or offering of any food or beverages to customers.

(i) Workplace. Any Enclosed Area under the control of a public or private employer where one or more employees are routinely assigned and normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference rooms, meeting rooms, class rooms, employee cafeterias and hallways. A private residence is not a Workplace unless it is used as a child care, adult day care or health care facility.

(3) Smoking Prohibited.

(a) Beginning on January 8, 2007, no person shall smoke in any of the following places, except as provided in subsection 10-602(3)(b):

(.1) In any Enclosed Area to which the general public is invited or in which the general public is routinely permitted, including, but not limited to:

(.a) Elevators, restrooms, lobbies, reception areas, hallways and other common-use areas;

(.b) Retail or wholesale stores;

(.c) Service establishments, office buildings, banks or financial institutions;

(.d) Food or Beverage Establishments;

(.e) Galleries, libraries and museums;

(.f) Any school or educational or vocational facility;

(.g) Any licensed gaming facility;

(.h) Any City-owned or leased building or facility;

(.i) Any enclosed place at which a public meeting is held by any public agency, during such time as a public meeting is in progress;

(.j) Any health care facility, including, but not limited to, hospitals, clinics, physical therapy facilities, and doctors’ offices, and including any private residence used as a health care facility during those hours it is used as such;

(.k) Any child care or adult day care facility, including any private residence used as a child care or adult day care facility during those hours it is used as such. In addition, no person shall smoke in a vehicle when such vehicle is being used for the public transportation of children or adults as part of day care transportation;

(.l) Lobbies, hallways, and other common areas in apartment buildings, in condominiums and other multiple-unit residential facilities, or in retirement facilities and nursing homes; and

(.m) Lobbies, hallways, and other common areas in Lodging Establishments, and in no less than seventy-five percent (75%) of the sleeping quarters within a Lodging Establishment that are available for rent to guests.

(.2) In any vehicle of public transportation, in any bus stop with a roof and at least one enclosed side, or in any fare-paid area of commuter rail or other transit stations or terminals owned, operated or controlled by the Southeastern Pennsylvania Transportation Authority, except in an indoor area within such stations or terminals where such conduct may be specifically designated by the Authority to be permitted.

(.3) In any Sports or Recreational Facility.

(.4) In any Theater or Performance Establishment.

(.5) In any Workplace.

(.6) In any place where “No Smoking” signs are posted by order of the Fire Department pursuant to Title 4.

(.7) Outdoors within twenty (20) feet of any entrance to any Enclosed Area in which smoking is prohibited under this Section.

(.8) At any sidewalk café licensed under Section 9-208 or otherwise permitted by special ordinance, or any outdoor deck, patio or similar outdoor service area which is part of a Food or Beverage Establishment.

(b) Exceptions. The provisions of subsection 10-602(3)(a) shall not apply:

(.1) In a Tobacco Products Distribution Business.

(.2) In a Specialty Tobacco Establishment, including any such establishment located within an establishment or facility as defined by subsection 10-602(2)(c) or (g). 123

(.3) Within up to twenty-five percent (25%) of the sleeping quarters within a Lodging Establishment that are available for rent to guests.

(c) Minors. Any establishment excepted from the provisions of subsection 10-602(3)(a) shall not permit minors to enter or remain on the premises. This restriction shall not apply to sleeping quarters and shall apply regardless of whether or not smoking or e-cigarette use is occurring at the time.

(4) Smoking Prohibitions in the Workplace.

(a) No later than the effective date of this Ordinance, all employers with a Workplace that is subject to the provisions of subsection 10-602(3)(a) within the City shall adopt, implement, make known and maintain a written policy that prohibits smoking within any Workplace. This requirement shall not apply to any Workplace covered by a collective bargaining agreement or similar binding agreement between labor and management that includes provisions regarding smoking in the Workplace and that is in effect when this Ordinance takes effect. Upon the expiration of any such collective bargaining agreement or similar binding agreement between labor and management however, the provisions of this subsection 10-602(4) which prohibits smoking in the Workplace shall apply.

(b) An employer’s written smoke-free policy shall be communicated to all employees within thirty days after its adoption, and an employer shall provide a copy of the written policy upon request to any employee or prospective employee.

(5) Duties of Persons in Control of Premises.

(a) The owner, operator, manager, employer or other person in control in every place where smoking is regulated by this Section shall take the following actions, and shall not be cited for any violations of this Section if all such actions are taken:

(.1) Post “No Smoking” signs and other signs relating to smoking on the premises, in compliance with regulations to be promulgated by the Health Department, prominently at each entrance and elsewhere as specified by regulation, including evidence-based signs informing of the health risks associated with hookah use to address an identified knowledge deficit among users. The requirement to post any such product-specific signs shall be limited by regulation to establishments at which the product may be used pursuant to an exception to subsection 10-602(3)(a).

(.2) Display an evidence-based health informational message in accordance with regulations promulgated by the Board of Health on any menu or menu board on which hookah, water pipe, or shisha, or other similar product if the Board of Health identifies a product-specific health knowledge deficit among users, appears as a menu item.

(.3) Any establishment subject to the restriction of subsection 10-602(3)(c) shall display a sign at least 8.5″ x 11″ prominently at each entrance and in each room or area where smoking is at any time permitted reading as follows in a clear, legible font with all letters at least 1/2 inch high: “THIS ESTABLISHMENT HAS AN EXCEPTION TO THE CITY’S SMOKE-FREE LAW. YOU MUST BE 18 OR OLDER TO ENTER DUE TO THE HEALTH RISKS OF SECONDHAND SMOKE EXPOSURE.” If such an establishment elects to relinquish the benefit of exception from subsection 10-602(3)(a) by written application to the Health Department, the requirement of this subsection (.3) shall no longer apply upon receipt of confirmation of such relinquishment from the Health Department.

(.4) Take reasonable additional measures to see to it that no person smokes in such place in violation of this Section and, in the case of an establishment subject to the restriction of subsection 10-602(3)(c), that minors neither enter nor remain on the premises. The following measures shall be deemed sufficient to comply with this requirement:

(.a) Informing any person who smokes in such place that smoking is prohibited by law, and requesting such person to immediately refrain from smoking or leave the area in which smoking is prohibited; and

(.b) In the case of establishments excepted from subsection 10-602(3)(a), verifying age by checking identification, and informing any minor who enters or remains on the premises that the establishment cannot allow the minor to remain on the premises and requesting that the minor leave the establishment; and

(.c) Reporting immediately to the Health Department or to any other person authorized to enforce this Section if a person does not comply with a request to immediately refrain from smoking or leave the area in which smoking is prohibited.

(b) The owner or manager of a building, with respect to any portion of the building leased to others (“Leased Premises”), in which smoking is regulated by this Section, shall take the following actions, and shall not be cited for any violations of this Section if all such actions are taken:

(.1) Post “No Smoking” signs and other signs relating to smoking on the premises in compliance with regulations to be promulgated by the Health Department;

(.2) Advise the tenant that smoking is prohibited in the Leased Premises, and include “No Smoking” provisions in any lease entered into after the date this Section becomes law; and

(.3) Refer any complaints which the owner or manager receives about smoking in the Leased Premises immediately to the tenant in writing.

(c) Bus stops protected under this Section shall be posted with “No Smoking” signs in accordance with regulations promulgated by the City.

(6) Enforcement and Penalties.

(a) This Section shall be enforced by the Health Department, its duly authorized employees, or any other person authorized by the Managing Director to enforce this Section. Notices of violation issued pursuant to this Section shall be issued in accordance with Section 1-112.

(b) Any person who violates this Section shall be subject to a fine of three hundred dollars ($300) for each violation.

(c) Nothing in this Section shall be construed to create any private right of action for enforcement of its provisions or to authorize any person to file suit to recover damages or seek equitable relief for any violation of this Section.

35 PA. Cons. Stat. § 637.3 Prohibition
Effective: 9/11/08 – Through: 6/1/23
(a) General rule.–Except as set forth under subsection (b), an individual may not engage in smoking in a public place. Nothing in this act shall preclude the owner of a public or private property from prohibiting smoking on the property.

(b) Exceptions.–Subsection (a) shall not apply to any of the following:

(1) A private home, private residence or private vehicle unless the private home, private residence or private vehicle is being used at the time for the provision of child-care services, adult day-care services or services related to the care of children and youth in State or county custody.

(2) Designated quarters:

(i) within a lodging establishment which are available for rent to guests accounting for no more than 25% of the total number of lodging units within a single lodging establishment; or

(ii) within a full-service truck stop.

(3) A tobacco shop.

(4) A workplace of a manufacturer, importer or wholesaler of tobacco products; a manufacturer of tobacco-related products, including lighters; a tobacco leaf dealer or processor; or a tobacco storage facility.

(5) Any of the following residential facilities:

(i) A long-term care facility regulated under 42 CFR 483.15 (relating to quality of life). This subparagraph shall not apply if 42 CFR 483.15 is abrogated or expires.

(ii) A separate enclosed room or designated smoking room in a residential adult care facility, community mental health care facility, drug and alcohol facility or other residential health care facility not covered under subparagraph (i).

(iii) A designated smoking room in a facility which provides day treatment programs.

(6) Subject to subsection (c)(2), a private club, except where the club is:

(i) open to the public through general advertisement for a club-sponsored event; or

(ii) leased or used for a private event which is not club sponsored.

(7) A place where a fundraiser is conducted by a nonprofit and charitable organization one time per year if all of the following apply:

(i) The place is separate from other public areas during the event.

(ii) Food and beverages are available to attendees.

(iii) Individuals under 18 years of age are not permitted to attend.

(iv) Cigars are sold, auctioned or given as gifts, and cigars are a feature of the event.

(8) An exhibition hall, conference room, catering hall or similar facility used exclusively for an event to which the public is invited for the primary purpose of promoting or sampling tobacco products, subject to the following:

(i) All of the following must be met:

(A) Service of food and drink is incidental.

(B) The sponsor or organizer gives notice in all advertisements and other promotional materials that smoking will not be restricted.

(C) At least 75% of all products displayed or distributed at the event are tobacco or tobacco-related products.

(D) Notice that smoking will not be restricted is prominently posted at the entrance to the facility.

(ii) A single retailer, manufacturer or distributor of tobacco may not conduct more than six days of a promotional event under this paragraph in any calendar year.

(9) A cigar bar.

(10) A drinking establishment.

(11) Unless otherwise increased under this paragraph, 25% of the gaming floor at a licensed facility. No earlier than 90 days following the effective date of this section or the date of commencement of slot machine operations at a licensed facility, whichever is later, a licensed facility shall request a report from the Department of Revenue that analyzes the gross terminal revenue per slot machine unit in operation at the licensed facility within the 90-day period preceding the request. If the report shows that the average gross terminal revenue per slot machine unit in the designated smoking area equals or exceeds the average gross terminal revenue per slot machine unit in the designated nonsmoking area, the licensed facility may increase the designated smoking area of the gaming floor in proportion to the percentage difference in revenue. A licensed facility may request this report from the Department of Revenue on a quarterly basis and may increase the designated smoking area of the gaming floor accordingly. At no time may the designated smoking area exceed 50% of the gaming floor. The board shall have jurisdiction to verify the gross terminal revenues included in the report to ensure compliance with the requirements under this paragraph. Movement of the licensed facility from a temporary facility to a permanent facility shall not require the licensed facility to revert to the minimum percentage set forth under this paragraph.

(12) A designated outdoor smoking area within the confines of a sports or recreational facility, theater or performance establishment.

(c) Conditions and qualifications for exceptions.–

(1) In order to be excepted under subsection (b), a drinking establishment, cigar bar or tobacco shop must submit a letter, accompanied by verifiable supporting documentation, to the department claiming an exception under subsection (b). Exception shall be based upon the establishment’s books, accounts, revenues or receipts, including those reported to the Department of Revenue for sales tax purposes, from the previous year or stated projected annual revenues, which shall be verified within six months.

(2) In order to qualify for the exception under subsection (b)(6), a private club must take and record a vote of its officers under the bylaws to address smoking in the private club’s facilities.

Philadelphia Code §10-614 Electronic Smoking Devices
Effective: 12/1/20 – Through: 6/1/23
(1) Definitions.

(a) Electronic smoking device means an electronic device that delivers nicotine or other substances via vapor for inhalation. The term includes e-cigarettes, e-cigars, e-pipes and any other such products; and includes all component parts, such as e-cigarette batteries, atomizers, vaporizers, replacement cartridges and any solution manufactured for use with such a device. It does not include any product approved or certified for sale by the United States Food and Drug Administration as a tobacco use cessation product, or for other medical purposes. It may also be referred to in this Section 10-614 as “e-cigarette”.

(b) Specialty e-cigarette establishment. An establishment which derives fifty percent (50%) or more of its gross annual revenue from the sale of e-cigarettes and related products, including e-cigarette atomizers, vaporizers, batteries, replacement cartridges and any solution manufactured for use with such devices; or, with respect to such establishments that have been open for less than one full year, on such other basis as the Department of Licenses and Inspections shall by regulation provide.

(c) The terms Enclosed Area, Food or Beverage Establishment, Lodging Establishment, Tobacco Products Distribution Business, and Workplace shall be as defined in subsection 10-602(2).

(2) Prohibition on Use.

(a) No person shall use an electronic smoking device:

(.1) In any Enclosed Area within a public place or other space that is listed in subsections 10-602(3)(a)(.1) – (.6) of this Code;

(.2) Outdoors within twenty (20) feet of any entrance to an Enclosed Area in which use of an e-cigarette is prohibited under this Section; or

(.3) At any sidewalk café, or any outdoor deck, patio or other outdoor service area which is part of a Food or Beverage Establishment.

(b) Exceptions. The provisions of subsection (a) hereof shall not apply to:

(.1) Any sleeping quarters within a Lodging Establishment in which smoking is permitted pursuant to subsection 10-602(3)(b)(.3) of this Code;

(.2) Any Specialty e-cigarette establishment; and

(.3) Any Tobacco Products Distribution Business.

(c) Minors. Any establishment excepted from the provisions of subsection 10-614(2)(a) shall not permit minors to enter or remain on the premises. This restriction shall not apply to sleeping quarters and shall apply regardless of whether or not smoking or e-cigarette use is occurring at the time.

(3) Prohibitions in the Workplace.

(a) Any employer with a Workplace that is subject to the provisions of subsection 10-602(3)(a) within the City shall promptly adopt, implement, and maintain a written policy that prohibits use of e-cigarettes within any workplace.

(b) An employer’s written policy prohibiting use of e-cigarettes shall be communicated to all employees within thirty days after its adoption, and an employer shall provide a copy of the written policy upon request to any employee or prospective employee.

(4) Duties of Persons in Control of Premises.

(a) The owner, operator, manager, employer or other person in control in every place where e-cigarette use is regulated by this Section shall take the following actions, and shall not be cited for any violations of this Section if all such actions are taken:

(.1) Post signs prohibiting e-cigarette use, separately or together with signs prohibiting smoking, on the premises in compliance with regulations to be promulgated by the Health Department, prominently at each entrance and elsewhere as specified by regulation. Board of Health regulations may require the display of evidence-based signs informing of the health risks associated with the use of e-hookah or other similar products if the Board of Health identifies a product-specific knowledge deficit among users. The requirement to post any such product-specific signs shall be limited by regulation to establishments at which the product may be used pursuant to an exception to subsection 10-614(2)(a).

(.2) Display an evidence-based health informational message in accordance with regulations promulgated by the Board of Health on any menu or menu board on which e-hookah, or other similar product if the Board of Health identifies a product-specific health knowledge deficit among users, appears as a menu item.

(.3) Any establishment subject to the restriction of subsection 10-614(2)(c) shall display a sign at least 8.5″ x 11″ prominently at each entrance and in each room or area where e-cigarette use is at any time permitted reading as follows in a clear, legible font with all letters at least 1/2 inch high: “THIS ESTABLISHMENT HAS AN EXCEPTION TO THE CITY’S SMOKE-FREE LAW. YOU MUST BE 18 OR OLDER TO ENTER DUE TO THE HEALTH RISKS OF SECONDHAND E-CIGARETTE VAPOR EXPOSURE.” If such an establishment elects to relinquish the benefit of exception from 10-614(2)(a) by written application to the Health Department, the requirement of this subsection (.3) shall no longer apply upon receipt of confirmation of such relinquishment from the Health Department. Ongoing compliance with subsection 10-602(5)(a)(.3) shall satisfy the requirement of this subsection (.3).

(.4) Take reasonable additional measures to see to it that no person uses e-cigarettes in such place in violation of this Section and, in the case of an establishment subject to the restriction of subsection 10-614(2)(c), that minors neither enter nor remain on the premises.

(5) Enforcement and Penalties.

(a) This Section shall be enforced by the Health Department, its duly authorized employees, or any other person authorized by the Managing Director to enforce this Section. Notices of violation issued pursuant to this Section shall be issued in accordance with Section 1-112.

(b) Any person who violates this Section shall be subject to a fine of three hundred dollars ($300) for each violation.

(c) Nothing in this Section shall be construed to create any private right of action for enforcement of its provisions or to authorize any person to file suit to recover damages or seek equitable relief for any violation of this Section.

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