ORS 227.320
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)

Intentionally left blank —Ed.

(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.

Source: Section 227.320 — City program for demolition of residences or residential buildings, https://www.­oregonlegislature.­gov/bills_laws/ors/ors227.­html.

227.010
Definition for ORS 227.030 to 227.300
227.020
Authority to create planning commission
227.030
Membership
227.090
Powers and duties of commission
227.095
Definitions for ORS 227.100 and 227.110
227.100
Submission of plats for subdivisions and plans for street alterations and public buildings to commission
227.110
City approval prior to recording of subdivision plats and plats or deeds dedicating land to public use within six miles of city
227.120
Procedure and approval for renaming streets
227.160
Definitions for ORS 227.160 to 227.186
227.165
Planning and zoning hearings officers
227.170
Hearing procedure
227.172
Siting casino in incorporated city
227.173
Basis for decision on permit application or expedited land division
227.175
Application for permit or zone change
227.178
Final action on certain applications required within 120 days
227.179
Petition for writ of mandamus authorized when city fails to take final action on land use application within 120 days
227.180
Review of action on permit application
227.181
Final action required within 120 days following remand of land use decision
227.182
Petition for writ of mandamus authorized when city fails to take final action within 120 days of remand of land use decision
227.184
Supplemental application for remaining permitted uses following denial of initial application
227.185
Transmission tower
227.186
Notice to property owners of hearing on certain zone change
227.187
Public sale of copies of city comprehensive plan and land use regulations
227.188
Amendments to city comprehensive plan map
227.190
Solar access ordinances
227.195
Effect of land use regulations and comprehensive plans
227.215
Regulation of development
227.280
Enforcement of development legislation
227.283
Regulations applicable to resumption of nonconforming uses
227.286
Regulations applicable to public property
227.290
Building setback lines established by city council
227.300
Use of eminent domain power to establish setback lines
227.320
City program for demolition of residences or residential buildings
227.350
Notice of proposed wetlands development
227.400
Truck routes
227.450
Recycling containers
227.455
Clustered mailboxes in city streets and rights-of-way
227.500
Use of real property for religious activity
227.505
Solar energy systems on residential and commercial structures
227.600
Land use approval preapplication review
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