The Bureau of Development Services (BDS) is the city agency charged with issuing building permits and enforcing associated regulations, and its advisory body goes by the acronym of DRAC (Development Review Advisory Committee). A few years ago DRAC created a demolition subcommittee to focus exclusively on matters involving residential demolitions and UNR (United Neighborhoods for Reform, a BWNA-inspired grassroots preservationist organization with backing from over 40 neighborhood associations) was invited to represent neighborhood interests at the table. Reconvening in early June of this year for two meetings (via Zoom), the DRAC Demolition Subcommittee zeroed in on shortcomings brought to light in BDS program reviews last year. A key issue was lack of inspector presence during actual mechanical demolition activity, the critical period when dust generation is at its highest. In accordance with subcommittee recommendations, new administrative rules were enacted last January that require a BDS inspector to be on site during the actual demolition, although a video link observation is allowed under unique circumstances. Due to workload, however, inspectors are not able to observe the entire demolition (observations usually averaging 15 to 30 minutes per site), resulting in a significant reliance on self-policing by the contractor’s designated demolition representative (“Demolition Manager”), who is responsible for following through on inspector-approved wetting plans to keep visible dust from drifting onto neighboring properties. This oversight gap remains a concern in verifying that best practices are employed during the entire demolition in order to mitigate potential public health impacts. That said, the new rules do eliminate confusion over whether a typical garden hose might be adequate for wetting purposes during the demolition of a home, which it is not! Inspectors and contractors are still learning practical and effective wetting techniques. Experience will be key to the development of future beneficial guidelines for contractors to follow.
Also recommended by the subcommittee was dissemination of safety instructions to nearby neighbors during and after demolition activities, including closing windows, observing dust conditions, and washing down sidewalks and window sills afterwards. These suggestions, while verbally supported by a consensus of the subcommittee, were not expressly incorporated as actual administrative rules and thus are dependent on follow through by BDS staff as the process is tweaked. It will also most likely require persistent public involvement. BDS also is supportive of a Demolition Subcommittee recommendation to enact empirical testing at demolition sites to verify the effectiveness of controlling lead dust traveling to adjacent properties, but public prompting and support will be needed to achieve this baseline testing goal in a timely manner.
Enforcement was also identified as a topic for discussion and clarification at the June meetings, and it was recommended that the beginning penalty for violations that “can’t be corrected” be increased from a simple warning citation to a $10,000 fine for first-time offenders. Violations that “can’t be corrected” include demolition without a permit or without prior sign-off by an inspector, mechanical demolition prior to removal of external lead-based paint materials, and mechanical demolition without wetting or dust suppression. Still problematic, however, is recourse for homeowners who feel their property has been adversely impacted by site mismanagement or failure to correct ineffective dust control in a timely manner. For example, without prior testing done on a property for contamination, proving liability in court is difficult if not impossible, and litigation can cost thousands of dollars, likely out of reach for many homeowners. All the more reason, then, for best practices to be conscientiously followed and credibly regulated. Recommendations by the DRAC Demolition Subcommittee are first referred to the full DRAC for review and approval, and then presented to City Council in the form of proposed revisions to the code.
Periodic auditing and review are required to maintain an atmosphere of “continuous improvement” in any municipal process, and the public (i.e., individual citizens, media, civic groups) serves as the driving force to foster this activity. UNR and BWNA will continue to work through the DRAC Demolition Subcommittee to challenge the City of Portland to maintain a leadership position in responsible demolition regulation.