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Effective April 20, 2015 - Changes to Residential Demolition Notification, Delay, and Appeal Requirements and New Certification Form for Asbestos and Lead-Based Paints

BDS Service Level Update

Service Level Update: 
Effective April 20, 2015 - Changes to Residential Demolition Notification, Delay, and Appeal Requirements and New Certification Form for Asbestos and Lead-Based Paints

On February 12, 2015, Portland City Council approved changes to City of Portland Title 24, Building Regulations, eliminating demolition delay exemptions, increasing public notification for residential demolitions, and revising the rules for appealing the issuance of a residential demolition permit. The Code changes also created a new Major Residential Alterations and Additions (MRAA) permit category that requires advanced neighborhood notification. Along with implementation of these Code changes, the Bureau of Development Services (BDS) will require the applicants of these two permit types to submit a Self-Certification form that states they are in compliance with regulations governing asbestos and lead-based paint. These changes go into effect April 20, 2015. 

A document summarizing the changes to projects in the MRAA permit category was published by BDS on March 12, 2015. More information on the changes can be found on the BDS Major Residential Alteration and Addition webpage and by viewing Ordinance 187017

A summary of the changes to single family residential demolition permitting that go into effect April 20, 2015;

  • Permitting of all residential demolitions will require a 35-day delay in issuing the permit, the “one for one” [one single family structure to replace one demolished single family structure] exemption has been eliminated. 
  • Applicants must complete a Certification Regarding Asbestos and Lead-Based Paint and provide this form to BDS prior to issuance of the permit. 
  • Applicants will be required to place door hangers on adjacent properties 5 days before demolition activity is expected to commence.
  • BDS will mail notification of the demolition permit to addresses within 150 feet of the property.
  • BDS will mail notification to the recognized organizations whose boundaries include the site.  
  • The site of the demolition will no longer be required to post a sign regarding the demolition permit during the 35 day delay period.

In addition to notification and delay changes, the process to request an extension of the 35 day delay period will change:

  1. Any interested party may file an appeal of the demolition permit and request an extension of the delay period for a maximum of an additional 60 days
  2. The appeal to extend the delay will be heard by the City of Portland Code Hearings Officer, part of the Auditor’s Office, through a quasi-judicial process.  
  3. A completed Residential Demolition Permit Appeal Application form and fee along with documentation addressing specific criteria must be received by BDS prior to 4:30 pm on the 35th day of the demolition delay.

For information on notification and appeal requirements, downloadable Door Hangers, Self-Certification Regarding Asbestos and Lead-Based Paint form, and the Delay Appeal form, visit the Residential Permits Demolition webpage. You can also visit the Development Services Center or call 503-823-7300.