The “Scoop” on Excavation
The City of Philadelphia made a few changes to permit requirements for jobs requiring excavation for 2023. These changes - as most - were made with good intentions for the safety and health of Philadelphians. Change isn’t always easy however, and the new regulations for excavation in Philadelphia will most certainly make life more complicated for a while. To cut through some of the confusion, we’ll explain what the new rules are, how they affect your project, and what you’ll need to comply with them. As usual, we’ll link some additional resources at the bottom.
For ease of navigation, we’ll break this post down into sections. First, we’ll cover all things related to the excavation permit: what the new excavation rules are, when to get an excavation permit, and how to get an excavation permit. Then, we’ll dive into the Excavation Contractor License: again talking about what it is, how to get it, and when you need one.
Excavation Permit
What are the new excavation rules?
Simply put, if you’re going to dig more than 5 feet below the grade of the adjacent property, you’ll need an excavation permit. There are some exceptions (which we’ll get to below) as well as a suite of procedures around notifying neighbors, conducting pre-construction surveys, creating monitoring plans, posting signage, and requirements for excavation plans.
Exceptions, what exceptions?
Not as many as you’d like:
Utility trenches, including those requiring plumbing permits.
Geotechnical exploration that does not require a permit.
Complete demolition permits.
When should I get an excavation permit?
As with most permits, you should aim to start the process of obtaining it as early as possible. You can submit for this permit with a building permit or separately, and you’ll obviously need it before you start doing any relevant digging to avoid violations.
How do I get an excavation permit?
So you decide to do a construction project that includes excavation more than 5 feet below your neighbors grade. For most projects, you’ll need a few things before getting your permit.
Pre-Construction Survey performed by PA licensed engineer.
Monitoring Plan prepared by the engineer.
Notification of Adjoining Owner.
Project information signed by the adjoining owner. You are not getting their permission.
A signature isn’t necessary, but the minimum turnaround time without one is 60 calendar days.
Structural and Architectural Construction Plans.
Name an Excavation Contractor on the permit.
Apply for the excavation permit.
Excavation Contractor License
What is an Excavation Contractor?
In conjunction with the excavation permit, Philadelphia is now requiring that all excavation work be done by a licensed Excavation Contractor. This license requires a higher level of training, insurance, and bonding than your typical General Contractor’s license, and word is that not many contractors have this yet. The good news is that it does count as a General Contractor’s license as well, so no one needs both. The goal from L&I is that a specialized contractor of this type will help provide more safety to our built environment.
How do I become an Excavation Contractor?
You need a few things:
Commercial Activity License (not new, everyone doing business needs one)
Insurance
$2M General Liability
$300k Automotive
Workman’s Compensation
License Bond in the amount of $100k
Qualified Site Safety Manager
Can only be employed by one Excavation Contractor
OSHA 30
20 CEUs in Excavation, Trenching, and Soil Mechanics
When do I need this?
As soon as possible. You won’t be able to do work without one if a project requires excavation and its permits were applied for in 2023.
There are other regulations in effect about protecting adjacent properties during excavation and demolition that you can read about here.
For more information on Excavation Permits, look here.
Find more information on Excavation Contractor Licenses here.
Need help or don’t want to handle it yourself? Contact Kosten Expo here.
