City program for demolition of residences or residential buildings
(1) Subject to the provisions of this section, a city of this state may establish by ordinance or otherwise a program for the demolition of residences or residential buildings. A program established under this subsection:
(a) Must require a person performing a demolition to acquire a permit from the city authorizing the person to perform the demolition;
(b) If a person performing a demolition is a contractor, as defined in ORS 701.005 (Definitions) (5)(a), and if a residence or residential building to be demolished was built before January 1, 1978, must require the person, as a condition of receiving a permit under this subsection, to submit proof verifying that the person has been certified to engage in lead-based paint activities in accordance with rules adopted by the Oregon Health Authority;
(c) If a residence or residential building to be demolished was built before January 1, 1978, must require the person performing the demolition to comport with some or all of a list of best practices developed and periodically updated by the authority, in consultation with the Department of Environmental Quality, the Construction Contractors Board and other interested stakeholders, for the purpose of containing lead particles that otherwise would be released into the air during a demolition;
(d) May require a person performing a demolition to provide a copy of the asbestos survey required under ORS 468A.757 (Residential asbestos surveys) and notice of intent to perform activities related to asbestos abatement to an agency of the city before performing the demolition; and
(e) May provide for the dissemination to the public of a document, developed in coordination with the authority and the department, listing answers to frequently asked questions about:
(A) Best practices for containing lead particles that otherwise would be released into the air during a demolition;
(B) The asbestos survey required under ORS 468A.757 (Residential asbestos surveys); and
(C) Asbestos abatement activities that must be conducted before a demolition.
(2) Subsection (1)(b) and (c) of this section does not apply to the demolition of a residence or residential building built before January 1, 1978, if a person certified to inspect or assess structures for the presence of lead-based paint in accordance with rules adopted by the authority has determined that the residence or residential building does not contain lead-based paint.
(3)(a) Except as provided in paragraph (b) of this subsection, this section does not prevent a city from adopting ordinances or otherwise providing for the further regulation of demolitions of residences and residential buildings.
(b) After any best practices are developed as described in subsection (1)(c) of this section, a city may not adopt ordinances regarding, or otherwise provide for, best practices for the purpose of containing lead particles that otherwise would be released into the air during a demolition that are in addition to any best practices developed and updated as described in subsection (1)(c) of this section. [2017 c.739 §1]
Note: 227.320 (City program for demolition of residences or residential buildings) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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