Historic Preservation and the Philadelphia Fa?ade Ordinance
The new Philadelphia Façade Ordinance, signed by Mayor Michael Nutter on Feb. 17th, 2010, was a landmark piece of legislation for the AEC community in Philadelphia, providing a cornerstone for maintaining the integrity of and public trust in the buildings which define the landscape of the city. However, Philadelphia is a city with a rich and long history and an extensive inventory of historic structures, as well as an existing, robust Historic Commission and Historic Preservation Ordinance. The overlap between the façade ordinance and the historic preservation ordinance contains a number of grey areas. How to reconcile public safety with the need to preserve architectural treasures is the crux of the issue. The potential for conflict between these two important civic initiatives exists, and at this point in time is not addressed in either the new façade ordinance(http://www.facadeordinance.com/assets/pdfs/City_of_Philadelphia_Bill_090568-AAA.pdf) or the Historic Preservation Ordinance. Some procedural guidelines are put forth in the Historic Preservation Ordinance (http://www.phila.gov/historical/pdf/ordinance/ordinance.pdf), but nothing specifically addresses the expeditious remedy of unsafe conditions in an historically sensitive manner.
The first round of façade inspections mandated by the new façade ordinance law has begun, with buildings constructed prior to 1950 due to have inspections completed by June 30th, 2011. Buildings constructed between1951-1970 have a deadline of June 30th, 2012, with successive rounds for newer buildings due each year on June 30th through 2015. Then the cycle recommences. Already, many of the city’s most historic structures have undergone review, including the Art Institute, the Curtis Center, the Public Ledger, and the Wanamaker. The issue, now, is no longer theoretical.
In considering the intersection of the Façade Ordinance and historic preservation, the first issue that arises is the lack of any instruction in the Philadelphia Façade Ordinance for the inspecting professional to ascertain the historic preservation status of a building. Without such a provision, there is nothing to trigger the distinct, and varying, treatment options that historic designation requires. The several levels of preservation status: federal, state, city, county or district, each detail unique requirements which must be adhered to in any alteration of a landmark building. At the federal level, the National Register of Historic Places, and at the state level, the State Historic Preservation Office provides criteria for designation. At the local level, it is the Philadelphia Historical Commission that has authority. Therefore, it seems prudent that some direction needs to be given to the inspecting professional, within the Façade Ordinance, as to the authoritative sources that must be consulted in order to determine the historic status of a building in the inspection regimen.
The second issue we encounter in the intersection of safety and preservation, is the fact that no process is outlined in the Façade Ordinance (the words historic or preservation don’t even exist in the document) directing the inspecting professional as to practice regarding buildings designated with historic status at any level. Established practice and the city Historic Preservation Ordinance provide some guidance for dealing with city-designated historic structures. In Section 7 – Permits:
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(a)Unless a permit is first obtained from the Department (L&I), no person shall alter or demolish an historic building, structure, site or object, nor alter, demolish, or construct any building, structure, site or object within an historic district, nor alter or demolish an historic public interior portion of a building or structure, nor perform work on a building or structure that requires a building permit if such building or structure contains an historic public interior portion. And (c) Before the Department may issue such a permit; the permit application shall be forwarded to the Commission for its review.
Substantial guidance exists at the federal level in the form of Section 106 of the National Historic Preservation Act (NHPA) of 1966, which mandates a review of any federal landmark status buildings by the Advisory Council on Historic Preservation (ACHP). These federal guidelines are generally administered at the state level by the appropriate State Historic Preservation Officer (SHPO). In Pennsylvania, this is the Bureau for Historic Preservation (BHP), part of the Pennsylvania Historical and Museum Commission (PHMC)http://www.portal.state.pa.us/portal/server.pt/community/historic_preservation/3741 )
But this scenario puts the onus on the individual engineer or architect hired for the façade ordinance inspection to be informed of the proper procedures, regulations and techniques to protect the historical treasure. Such looseness can easily result in damaged or lost features, buildings or landmark designations. Because of the lack of statutory regulations in the Façade Ordinance, it is possible, in the event of the finding of an “unsafe condition”, that the “prompt remedial action” required might cause the removal of important architectural features or materials or substantial aesthetic and historical damage in attempting to stabilize them. Conversely, the Historic Preservation Ordinance does not address the case of emergency safety repairs, and what is considered acceptable practice, so a significant void exists.
As the first round of inspections comes to a close on June 30th, it is likely that substantive and procedural issues related to the new ordinance will be identified and amendments to the ordinance proposed in the coming months. The issues outlined above regarding Historic Preservation and the façade ordinance most certainly should be on that list.
In the ASTM manual “Building Façade Maintenance, Repair and Inspection” (STP 1444), K.L. Fong and C. Louie, in the article “Façade Ordinances and Historic Structures – Theoretical and Practical Conservation Issues in Inspection and Repair” provide a generalized list of amendments that their study of the issue found to be needed for most facade ordinances nationwide:
Differentiate buildings of recognized historic and architectural value from those without conferred distinction. This difference is recognized by existing legislation and national, state and local registers of historic landmarks, buildings and districts.
Direct the inspecting professional to determine the historic status of the building and neighborhood and identify its recognized historic value. The historic status and characteristics of significance may affect treatment recommendations.
Direct the inspecting professional to established standards, guidelines and resources such as:
The Secretary of the Interior’s Standards for the Treatment of Historic Properties
State Historic Preservation Office (SHPO),
Local Landmark Commission or Advisory Board
American Institute for the Conservation of Historic and Artistic Works Code of Ethics and Guidelines for Practice,
National Register of Historic Places,
Advisory Council on Historic Preservation – Section 106 Review Process, and
National Park Service Preservation Briefs
Fong and Louie also identified commensurate changes that were desirable in the historic preservation code so that an integrated system of building safety and historic preservation can be created. These included:
Document the as-found condition, the removal of original material, and all of the new repair interventions
Retain as much of the original material in situ as possible
Timelines for redressing temporary repairs and implementing appropriate permanent repairs
Comprehensive maps and lists of all identified historic districts and individual buildings with coded levels of significance for easy use by inspecting professionals. These interactive databases, such as could be created by GIS systems, would be of significant value…
The inspection and remediation of historic structures, now a permanent feature with the new Philadelphia Façade Ordinance, is a very specialized area of structural engineering, requiring a broad knowledge of antiquated materials and construction techniques as well as their proper intersection with modern engineering standards, practices and building codes. The need to recognize this in the Façade Ordinance is paramount, if the rich architectural landscape of America’s first national capital is to be preserved for the coming generations.
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