On Feb. 1, 2018, the Portland City Council passed an ordinance implementing Senate Bill 871 (2017) that addresses asbestos and lead-based paint in residential demolitions.
Over the course of several months, the Bureau of Development Services staff met with the Oregon Health Authority, the Department of Environmental Quality, the Oregon Construction Contractor’s Board, Multnomah County’s Lead Program Coordinator, the Development Review Advisory Committee (DRAC) Demolition Subcommittee, and other stakeholders to develop the ordinance, which adopts best practices for addressing asbestos, lead-based paint and other hazards related to residential demolitions.
Based on the recommendations of the DRAC Demolition Subcommittee and other stakeholders, BDS drafted the new ordinance that:
- Applies to residential structures with 1-4 dwelling units, regardless of zone, and all accessory structures on the site (accessory structure is anything over 200 square feet, up to 3,000 square feet). Includes mixed-use structures.
- Requires a demolition plan outlining the techniques and equipment that will be used on the demolition site to control dust and debris generated during demolition.
- Requires a demolition manager to be designated for the project responsible for implementing and overseeing the demolition plan.
- Requires removal of all non-load-bearing painted materials from the exterior prior to mechanical demolition activities, and a copy of the asbestos survey to be provided to BDS as a condition of permit issuance.
- A person with the specified accreditation for asbestos and lead-based paint must be on site during demolition activities.
- Provides for two new inspections to ensure compliance with the ordinance.
- Prohibits mechanical demolition activities when wind speeds exceed 25 miles per hour.
- Requires containment of demolition debris on-site.
- Applicants must post door hangers on properties within 300 feet of the demolition site with information relating to the demolition, including contact information and approximate date of demolition, and post information onsite with demolition manager contact information (the same posting that is currently required for site control).
- Requires finalizing the demolition permit before obtaining a subsequent building permit on the site.
BDS will hire two new Site Development Inspector I positions to administer the additional workload associated with this ordinance. BDS will increase the demolition fees by $180 per demolition permit to cover the costs of administering the ordinance.
The ordinance took effect immediately, with an implementation date no later than July 1, 2018.
BDS will be host a “Lunch & Learn” from noon to 1 p.m. on March 23, 2018, at 1900 S.W. 4th Ave., in Room 2500 B/C to present the new requirements in the ordinance.
Here is link to the final ordinance as adopted.