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17.106.040 Regulations.

(Amended by Ordinance Nos. 188259 and 189761, effective January 20, 2020.)

A.  Scope.  The deconstruction requirements of this Chapter apply to demolition permit applications under Chapter 24.55 of the City Code for:

1.  Primary dwelling structures that were built in 1940 or earlier according to building permit records on file with the Bureau of Development Services, or if no such permit records exist, then County tax assessor information; or

2.  Primary dwelling structures that have been designated as a historic resource subject to the demolition review or 120-day delay provisions of Title 33.

B.  Requirements.  Primary dwelling structures must be deconstructed in accordance with the provisions of this Chapter and associated administrative rules.  Salvaged material may be sold, donated, or reused on site.

1.  Demolition Permit Application.  An application for a demolition permit under Chapter 24.55 for any primary dwelling structure shall not be considered complete unless it is accompanied by a completed Pre-Deconstruction Form provided by the Director.

2.  Certified Deconstruction Contractor.  Deconstruction work must be performed by a Certified Deconstruction Contractor.  A Certified Deconstruction Contractor shall be assigned to the project throughout the course of deconstruction.  Certified Deconstruction Contractors must comply with the requirements of this Chapter and the administrative rules.  The Bureau of Planning and Sustainability will maintain on file and available to the public a list of current Certified Deconstruction Contractors.

3.  Site Posting.  On the first day of active deconstruction a yard sign provided by the Director when the permit is issued must be posted at the site.  The sign must indicate that the structure is being deconstructed and must provide City of Portland contact information for questions or concerns.

a.  The sign must remain in place throughout the course of deconstruction.

b.  The sign must be placed on each street frontage of the site.

c.  Signs must be posted within 5 feet of a street lot line and must be visible to pedestrians and motorists.  Signs may not be posted in a public right-of-way.  Signs are not required along street frontages that are not improved and allow no motor vehicle access.

4.  Heavy Machinery.  Heavy machinery may be used in deconstruction to assist in the salvage of materials for reuse or to remove material not required to be salvaged for reuse.  Heavy machinery may not be used in deconstruction to remove or dismantle components of buildings in ways that render building components unsuitable for salvage.  For purposes of this Chapter 17.106, heavy machinery includes, but is not limited to, track hoes, excavators, skid steer loaders, or forklifts.

5.  Documentation.  Certified Deconstruction Contractors must maintain receipts for donation, sale, recycling, and disposal of all materials for any deconstruction project.  Materials intended for reuse on site must be documented with photographs.  The Director may ask that a Certified Deconstruction Contractor produce the receipts or photographs for inspection any time until the demolition permit is approved to be finaled.

6.  Demolition Permit Final.  A completed Post-Deconstruction Form and all documentation required in Subsection 5. above must be submitted to the Bureau of Planning and Sustainability before the Bureau of Development Services may approve a demolition permit as finaled.

C.  Additional Regulations.  Compliance with Chapter 17.106 does not exempt the demolition of buildings from any other requirements of the City Code, such as in Title 11 Trees, Title 24 Building Regulations, or Title 33 Planning and Zoning.

D.  Exemptions. The following are exempt from the requirements of Chapter 17.106:

1.  A building permit to move a structure as provided under Chapter 24.25.

2.  Any primary dwelling structure that has been determined by the Bureau of Development Services to be dangerous and is required to be abated by demolition as provided in Section 29.40.030.

3.  Any primary dwelling structure that the Director has determined is unsuitable for deconstruction because:

a.  The structure is structurally unsafe or is otherwise hazardous to human life; or

b.  Most of the material in the structure is not suitable for reuse.

E.  Request for an Exemption.  An applicant may request an exemption from the requirements of this Chapter under Subsection 17.106.040 D.3. above by submitting a written request for exemption, together with supporting evidence, when submitting a demolition permit application.

F.  Determination of an Exemption.  The Director will make the final determination of exemption based on evidence submitted by the applicant as well as an inspection to confirm conditions and unsuitability.  The demolition permit will not be issued until the final determination is made on the exemption request.  Should the applicant disagree with the final determination the determination may be appealed by the applicant under Subsection 17.106.060 B.