Explanation
BACKGROUND:
For Columbus and Central Ohio to prosper in this new century, we must take measures today to assure responsible, sustainable growth for our community. One of the most important environmental challenges facing large metropolitan areas is the disposal of refuse in a safe, economical, and visionary manner. A large part of that waste stream is demolition debris, the by-product of a vigorous and growing economy and while every effort is made to find adaptive reuses for older buildings and structures, sometimes demolition is the only recourse. As part of the "Get Green Columbus" program, and in an effort to foster an environment were recycling is considered a primary alternative for the disposal of demolition debris, this proposed code change would require the recycling or reuse of debris generated from the demolition of all commercial and multi-family structures.
The goal of recycling or reusing 25 % percent of such demolition debris not only makes environmental sense, it also makes economic sense, saving space in landfills and reducing disposal costs. This effort will also foster creation of markets for waste so that it can be recycled into new and useful products; thereby allowing for future increases in both the markets for recycled debris as well as a potential increase and expansion of the demolition debris recycling program. The Columbus Building Commission reviewed this ordinance on July 18, 2006, and again at their monthly public meeting on September 19, 2006, at which time the Columbus Building Commission approved this code change and recommended its adoption by City Council.
FISCAL IMPACT:
No funding is required for this legislation.
Title
To modify and amend section 4113.79 of the Columbus Building Code, Title 41, of the Columbus City Code, 1959, in order to set a percentage for the recycling of demolition debris and establish reporting requirements to gauge the success of the program.
Body
WHEREAS, for Columbus and Central Ohio to prosper in this new century, we must take measures today to assure responsible, sustainable growth for our community; and
WHEREAS, one of the most important environmental challenges facing large metropolitan areas is the disposal of refuse in a safe, economical, and visionary manner; and
WHEREAS, a large part of that waste stream is demolition debris, the by-product of a vigorous and growing economy and while every effort is made to find adaptive reuses for older buildings and structures, sometimes demolition is the only recourse; and
WHEREAS, as part of the "Get Green Columbus" program, and in an effort to foster an environment were recycling is considered a primary alternative for the disposal of demolition debris, this proposed code change would require the recycling or reuse of debris generated from the demolition of all commercial and multi-family structures; and
WHEREAS, the goal of recycling or reusing 25 % percent of such demolition debris not only makes environmental sense, it also makes economic sense, saving space in landfills and reducing disposal costs; and
WHEREAS, this effort will also foster the creation of markets for such wastes so that they can be recycled into new and useful products, thereby allowing for future increases in both the markets for recycled debris as well as a potential increase and expansion of the demolition debris recycling program; and
WHEREAS, the Columbus Building Commission reviewed this ordinance on July 18, 2006, and again at their monthly public meeting on September 19, 2006, at which time the Columbus Building Commission approved this code change and recommended its adoption by City Council; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
Section 1. That the existing Section 4113.79 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4113.79 Demolition permit.
(A) A demolition permit shall be issued only to a demolition contractor duly registered with the department pursuant to a proper application accompanied by a notarized statement of the owner of the subject property that said department-registered demolition contractor is agent for such demolition. The work covered by such permit shall commence within fourteen (14) days after the issuance of the permit in a residential area and three (3) months, in a nonresidential area. The demolition permit in a residential area shall be valid for a period of three (3) months renewable for no more than two (2) additional three (3) month periods; a demolition permit in a nonresidential area shall be valid for a period of six (6) months renewable for no more than a six (6) month period. Renewals may be granted by the director, or designee, upon written request and for good cause shown including, but not limited to, a strike, an act of God or other unavoidable circumstance.
Exception: For the purposes of the environmental blight abatement program a demolition permit shall be issued to the director, or designee, for removal of an uninhabitable, blighting, single-story, accessory structure such as a garage or shed or similar building pursuant to a proper application.
Exception: A demolition permit shall be issued to an occupying homeowner pursuant to a proper application, provided that all work thereunder shall be: (1) done with the homeowner's hands; (2) in conformity with this code; and (3) limited to an uninhabitable, single-story, accessory structure such as a garage or shed only for a single-family residence occupied by no one except the occupying homeowner and family.
(B) A certificate of appropriateness is required prior to the issuance of a demolition permit for any listed property served by the historic resources commission, or any property located in an area served by an architectural review commission as set out in Chapters 3116, and 3319 through 3331, C.C.
(C) In a residential area, a demolition permit shall not be issued unless a written release is obtained from each utility having one (1) or more service connections within the building, including but not limited to gas, electric, water and sewer, stating that such respective service connection and appurtenant equipment: (1) has been removed or sealed and plugged in a safe manner; or (2) will be removed or sealed and plugged in a safe manner at the appropriate time in the event certain utilities are required for demolition procedures.
In a nonresidential area, such written release shall be required from each utility not required by the department-registered demolition contractor; a certificate shall be required from any other utility stating that it will follow through and shut off service at the appropriate time.
(D) If any discrepancies are found in the application the director, or designee, may order an inspection prior to the issuance of a permit. The director, or designee, may order an inspection at any time during the demolition to assure that all required procedures are being followed and that the site is not being used for salvage operations without a proper salvage yard permit, in violation of Chapter 3392 C.C.
(E) The historic resources commission or an architectural review commission, as set out Title 31 in Chapters 3116 and 3319 through 3331, C.C., shall have forty-five (45) days after the application required by C.C. 3116.06 is received by the commission in which to provide the owner with written denial or a certificate of appropriateness for a demolition permit for property within its jurisdiction. Additional time for appeal may be required. Such permit shall be issued only upon a certificate of appropriateness.
An area commission as set out in Chapter 3111, C.C., shall have forty-five (45) days in which to make a recommendation regarding an application for a demolition permit for property within its jurisdiction. Such permit will not be issued prior to the appropriate body's response or expiration of said review period whichever occurs first.
(F) In a residential area, the demolition permit or a copy thereof shall be posted on the site in plain view no less than forty-eight (48) hours prior to commencement of demolition.
(G) Advance notification shall be made by the department-registered demolition contractor for the owner of the building to be demolished no less than forty-eight (48) hours prior to scheduled commencement of the demolition to the following:
(1) Each adjoining property owner; and
(2) The department.
(H) Demolition work in residential areas shall proceed only on weekdays, Monday through Friday, and only between the hours of 7:30 a.m. to 6:00 p.m. The director, or designee, is authorized to extend such days and/or hours only upon demonstration of unreasonable hardship or impracticability. In a nonresidential area, the hours of work will be approved by the director, or designee, and will be governed by location other than residential, traffic and surrounding environment. For the purpose of this section, apartment hotels, hotels and motels shall be included in the term "residential area."
(I) For all structures other than a one-, two-, or three-family dwellings or associated accessory structure, a demolition permit may be issued only after affidavits have been submitted by the applicant and placed on file with the Director attesting to that 25 percent, either by weight or by volume, of the resultant demolition debris shall be recycled. Waste that would be considered a hazardous material shall be excluded in from such percentage. Final inspections shall only be approved after the Department receives and approves a final analysis showing compliance with this section. Appeals to this requirement shall be heard by the Building Commission.
A licensed disposal or transfer facility shall be used for all non-recycled waste and a final analysis shall be provided prior to the final approval of the demolition permit indicated the percentage of recycling achieved and method and materials used. This provision shall not apply to emergency demolitions as required under this building code.
The director, or designee, may order an inspection at any time during the demolition to assure that all required procedures are being followed and that the site is not being used for salvage operations without a proper salvage yard permit, in violation of Chapter 3392 C.C.
Section 2. That prior existing section 4113.79 of the Columbus City Codes, 1959, is hereby repealed.
Section 3. That this ordinance shall take effect and be in force from and after the earliest period provided by law.