Below, please find information that PENNBOC is sharing with its membership, including: Updated List of “Life Sustaining” Businesses, DCED’s Updated FAQs, Waiver Deadline, BIOS List of Suspensions
Additionally, DCED has assembled an extensive list of resources, news, and guidelines (e.g., childcare, emergency housing) available for Local Governments and Communities related to COVID-19. You can browse the webpage HERE.
Updated List of Life-Sustaining Businesses
Yesterday afternoon (4/1/20), the list of “Life Sustaining” Businesses was updated again by the Wolf Administration. A significate addition to the list was the inclusion of business NCIAS codes which should help clarify which business activities can maintain physical, in-person operations. View the list HERE.
DCED’s Update FAQs
Additionally, the Frequently Asked Questions document related to the Governor’s Executive Order mandating closures for COVID-19 mitigation was updated yesterday afternoon (4/1/20). View it HERE.
One of the FAQs states:
Q: May I complete my customer’s residential construction project?
A: Residential construction projects that are substaintially complete may continue to completion. Projects that are “substantially completed” are those projects that have been issued a final occupancy permit. For all other residential construction projects limited activities may continue to the extent necessary to stabilize the site, temporarily prevent weather damage, or make emergency repairs only. No new residential construction or non-emergency rehabilitation projects may be started.
Waiver Deadline – April 3
If your business’ NAICS classification falls within a category that is listed as “life-sustaining” you are not required to seek a waiver, and may maintain in-person operations. If your business’ NAICS classification does not fall within a category listed as “life-sustaining” you may qualify for an exemption if your business provides goods or services necessary to maintain operations of a business on the life-sustaining list.
To request a waiver to keep your physical business location open, please submit this form to PA DCED. All decisions will be communicated by email and will balance public health, safety, and the security of our industry supply chains supporting life-sustaining businesses.
The exemption application process will close on Friday, April 3, 2020 at 5:00 PM.
BIOS List of Suspensions
The PA Department of Labor & Industry’s Bureau of Occupational & Industrial Safety (BOIS) provided PENNBOC with the follow communication. Their email is copied below for your information.
I am reaching out to you to provide two items of significance from the Department. The first is the link to our frequently asked questions during this COVID-19 event, which has been sent previously, but is being linked HERE again for quick reference.
The second item of importance is regarding items of our Acts, as well as items in the Department’s regulations, that are currently suspended. These mostly focus around the timeframes for providing items related to permits, appeals, certificates, etc. Here is a quick overview of these items based on the BOIS divisions:
Pennsafe: No suspensions.
Admin: No suspensions.
Buildings: Yes, the Pennsylvania Construction Code Act has items that are currently suspended until further notice. These include the Department’s ability to provide municipalities copies of building plans, the timeframes for a board of appeals to hold hearings, timeframes for approval or denial of residential and commercial applications, as well as timeframes under the municipal amendment process. The Department has also suspended timeframes in its regulations that mirror the timeframes suspended in the Act. Some additional suspensions include timeframes for Orders to Show Cause, Accessibility audits, and the Industrial Board. All of these are suspended until further notice. Any questions or concerns may be directed to Ron Englar at (717) 787-2525 or Jeffrey Criss at (717) 214-9077.
Boilers: Yes, the Department has suspended the timeframe for submitting inspection reports, the section of its Combustible and Flammable regulations that mandate a timeframe regarding daily inventories, LPG timeframes for submitting publication in the Pennsylvania Bulletin, and timeframes associated with the Industrial Board until further notice. Any questions or concerns may be directed to the following monitored resource account: firstname.lastname@example.org.
Elevators: Yes, timeframes for application review, submission of multiple copies of applications, periodic inspection intervals, test reporting deadlines, and board of appeal timeframes are currently suspended until further notice. Any questions or concerns may be directed to the following monitored resource account: email@example.com.
Certification And Licensing (CAL): Yes, the Department has suspended timeframes found in the Asbestos Occupations Accreditation and Certification Act that establish a timeframe to accredit training courses, to keep an interim certification valid, and the timeframe associated with a currently valid license. The Department has also suspended aspects of its regulations for the timeframe for submitting contractor notification regarding abatement work to the Department, suspended timeframes found in the Lead Certification Act that establish a timeframe for certification renewal, and for the requirement to have a photo identification card. The Department has also suspended aspects of its regulations for training course accreditation, providing student training certificates to the Department, and contractor notification requirements, and suspended the timeframe requirement for submitting information to the Department regarding any change concerning a toy that was previously submitted to the Department until further notice. Any questions or concerns may be directed to the following monitored resource account: CALBOIS@pa.gov.
We at the Department strive to continue to operate as close to our maximum capacity during this event. We have staff continuing to telework and are able to answer any questions you may have regarding normal operating procedures, any workarounds we may have to certain procedures, or a question that deals specifically with the information I am providing in this email to you. The resource accounts listed are continuously monitored and we are still providing responses to any and all inquiries. Please share this to anyone you believe would benefit from this information, but please keep in mind that these items could change based on the needs and direction of the Governor, so they are fluid.
Matthew W. Kegg | Director
PA Department of Labor & Industry
Bureau of Occupational & Industrial Safety
As PENNBOC becomes aware of additional information, we will endeavor our best to share it with the membership in a timely fashion