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(a) Demolition of buildings, facilities or other structures: notice of intent to demolish required. No demolition of a building, facility or other structure shall be initiated within the City unless a written notice of intent to demolish, accompanied by the fee required by this section, has been filed with, and approved by, the Department of Health at least ten working days prior to the commencement of demolition. The ten working day period shall not apply if the building, facility or other structure to be demolished has been found to be structurally unsound and in danger of imminent collapse by the Building Commissioner or state authority or court of competent jurisdiction; provided, however, any person or contractor demolishing such building, facility or other structure shall file a written notice with the Department of Health regarding such demolition as soon as practicable, but no later than one day before the start date of the demolition, and must have a properly licensed asbestos abatement contractor on site during the demolition.
(1) Notice contents: The notice of intent to demolish shall be in such form as prescribed by the commissioner. At a minimum, the notice of intent to demolish shall include the following information:
(i) The name, telephone number, e-mail address, and address of every person having an ownership interest in the building, facility or other structure to be demolished or the land upon which the building, facility or other structure is situated;
(ii) The name, telephone number, e-mail address, and address of every contractor or other person performing the demolition;
(iii) A statement attested to by each applicant that the applicant agrees to comply with the notification requirements set forth in subsection (e)(3);
(iv) A statement attested to by each applicant that discloses whether the demolition will occur at a building containing asbestos. Before making such statement, if the building is a facility, the applicant shall have the building inspected by a licensed asbestos professional, or, if the building is not a facility, the applicant, at a minimum, shall have the contractor or other person performing the demolition conduct a visual inspection of the building, to detect the presence of asbestos in or on the building. If the demolition will occur at a building containing asbestos, the statement shall include a representation that the applicants will comply with the performance standards set forth in subsection (e), if applicable, and the disposal requirements set forth in subsection (d)(2);
(v) The address at which the demolition will occur together with a description of the building, facility or other structure including type and size;
(vi) A demolition schedule including starting date and completion date;
(vii) The method(s) of demolition to be employed;
(viii) The nature and extent of any ACM present together with a description of asbestos control and disposal measures to be provided, if applicable;
(ix) The measures to be taken in the event any asbestos is unexpectedly encountered;
(x) The dust control measures to be employed and debris disposal or reprocessing information;
(xi) Information regarding the presence, size and number of any storage tanks or containers (either underground or above ground) on the property; and
(xii) A certification by the applicant that the information on the form is true, complete and correct.
(xiii) The name, address, 24-hour contact telephone number, and, if available, the fax number and e-mail address, of a person with responsibility over the project.
(2) Posting permits: The demolition permit required pursuant to Section 13-32-010 of this code must be posted in a conspicuous place at the demolition site.
(b) Demolition and renovation safeguards. The owner(s) of any building, facility, or other structure to be demolished or renovated and any contractor or other person retained or otherwise authorized by the owner(s) to perform the demolition or renovation activity shall be responsible for assuring that the following safeguards are utilized to minimize the emission of airborne dust:
(1) Adequate wetting to prevent the emission or dispersion of dust shall be employed before and during any demolition or renovation activity; provided, however, if outside temperature causes water to freeze and wetting is not possible, the demolition or renovation activity shall be performed in such a way that does not cause the emission or dispersion of dust, including but not limited to manual deconstruction.
(2) All debris from any demolition or renovation activity shall be removed from the building, facility, or other structure through dust-tight chutes or by lowering it in buckets or containers and no debris shall be dropped or thrown from any floor. All debris shall be adequately wetted to prevent dust emission or dispersion at the point it exits a dust-chute or reaches the ground.
(3) All debris from any demolition or renovation activity shall be adequately wetted before loading into trucks, vehicles, or other containers. During transport, all such debris shall be enclosed or covered to prevent dust emissions.
(4) All dust and debris from any demolition or renovation activity shall be removed daily from adjacent streets, sidewalks and alleys unless otherwise directed or authorized pursuant to a permit duly issued by the city.
(5) Dust created from any use of power hand tools, including, but not limited to, the cutting of concrete or other building materials, shall be minimized through the use of vacuum attachments, water or containerization of the work area.
(c) Removal of storage tanks or containers required at time of demolition. No notice of intent to demolish any building, facility or other structure shall be approved by the department unless the person submitting the notice of intent either: (1) provides satisfactory proof that there are no storage tanks or containers (either underground or above ground) on or below the property at which the building, facility or other structure is located; (2) provides documentation that any storage tanks or containers present have been abandoned in place in accordance with the requirements of 15-28-1220; or (3) demonstrates that any storage tanks or containers present conform with all applicable city, state and federal regulations governing the continued use of such tanks or containers. If there are storage tanks or containers present that have not been properly abandoned in place or are not in compliance with applicable city, state and federal regulations governing the continued use of such tanks or containers, then approval of the notice of intent to demolish by the department shall include a requirement for the owner to remove all such tanks or containers at the time of demolition of the building, facility or other structure.
(d) (1) Disposal of debris from demolitions and renovations. Debris from demolitions or renovations, excluding demolition fill material as defined in Section 11-4-2150 which is used exclusively to fill below grade into the existing foundation or excavation area of a building left open by the demolition of said building, constitutes waste as that term is defined in Section 11-4-120 and, except as otherwise provided in Section 11-4-1935, shall only be properly disposed of or recycled at a facility duly licensed to accept such material.
(2) Disposal of asbestos-containing waste. Asbestos-containing waste material must be transported off-site and properly disposed of at a facility duly licensed to accept asbestos-containing waste. If ACM is not removed prior to demolition, then all debris from demolition of a building containing asbestos shall be deemed to be asbestos-containing waste material.
(e) Performance standards for asbestos abatement.
(1) Licensed asbestos professionals: No asbestos abatement shall be performed in any facility within the city unless all persons performing such abatement work are licensed and approved in accordance with the applicable rules and regulations for licensure established by the State of Illinois in Title 77, Part 855, Subpart B of the Illinois Administrative Code, as they may be amended from time to time, which regulations are adopted and incorporated by reference and made a part of this section as if fully set forth herein.
(2) Performance standards for asbestos abatement: Except as otherwise provided in subsection (e)(3) of this section, any asbestos abatement performed in connection with any facility within the city shall be performed in accordance with the rules and regulations for asbestos abatement established by the State of Illinois in Title 77, Part 855, Subparts C and D of the Illinois Administrative Code, as they may be amended from time to time, which regulations are adopted and incorporated by reference and made a part of this section as if fully set forth herein.
(3) Notification required: Any person performing asbestos abatement at any facility within the city shall provide the department with notice of the abatement by submitting the following forms at least 10 working days prior to the commencement of the abatement and such notice shall be accompanied by the environmental review fee required by this section: (i) a fully completed copy of the asbestos abatement notification form prescribed by the commissioner, and (ii) in the case of a demolition of a facility with ACM, a fully completed and certified notice of intent to demolish form, in accordance with subsection (a). In the event the asbestos abatement does not begin on the date in the notice, the person shall comply with subsection (f) for rescheduling of the date. If the abatement is performed as part of an emergency renovation operation, as defined in 40 C.F.R. § 61.141, the notification must be submitted as soon as possible, but no later than the following work day.
(f) Rescheduling of demolition or asbestos abatement starting dates.
(1) Later Start Dates: In the event that any owner or operator intends to begin a demolition at a date later than the start date contained in any notification required to be filed under this section, then that person must: (i) no less than one business day in advance of the original start date notify the department that the demolition or asbestos abatement will not begin on the original start date; and (ii) provide written notification to the department of the new start date at least ten working days prior to the new start date.
(2) Earlier Start Dates: In the event that any owner or operator intends to begin a demolition or asbestos abatement at a date earlier than the start date contained in any notification required to be filed under this section, then that person must provide written notification to the department of the new start date at least ten working days before the demolition or asbestos abatement work begins.
(3) Unscheduled Work Prohibited: In no event shall a demolition or asbestos abatement work begin on a date or time other than the date and time contained in the notice of the start date unless authorized pursuant to the emergency provisions set forth in Subsection (a) or (c)(3).
(g) Environmental review fees.
(1) The environmental review fee stated in subsections (a) and (e)(3) of this section shall be based on the type of structure as follows:
Single-unit residential structures and garages ancillary to such structures.....$300.00
Multi-unit residential structures and garages ancillary to such structures.....$450.00
All other (Nonresidential) structures.....$600.00
(2) A mixed-use structure shall be assessed at the highest applicable rate.
(3) If asbestos abatement work is performed in connection with a demolition, and the form required under subsection (a) of this section is submitted together with the form required under subsection (e)(3) of this section, then only one environmental review fee shall be assessed.
(4) If an annual asbestos abatement notice is submitted with the environmental review fee specified in this subsection, no additional environmental review fee shall be assessed for submitting a revised asbestos abatement notice if: (i) the revised notice is submitted in the form and within the time provided in subsection (e)(3) of this section, (ii) the revised notice refers to the annual notice and specifies the revisions made to the annual notice, and (iii) the work referenced in the revised notice involves not more than 160 square feet or 260 linear feet of ACM abatement.
(5) Work performed by or for any unit of federal, state or local government or school district shall not be subject to the fee set forth in this subsection.
(h) Lead-safe renovation, repair, and painting certification required. No renovation of a building, facility or other structure shall be initiated within the city if such renovation is regulated under 40 C.F.R. § 745.82, unless the applicant for the renovation submits and complies with a sworn statement, on a form prescribed by the commissioner, stating that: (1) individuals performing the renovation are properly trained in accordance with 40 C.F.R. Part 745, Subpart E; (2) renovators and firms performing the renovation are certified in accordance with 40 C.F.R. Part 745, Subpart E; and (3) the work practices in 40 C.F.R. 745.85 will be followed during the renovation. The commissioner may require a copy of the certification issued pursuant to 40 C.F.R. Part 745, Subpart E to be submitted with such a statement.
(i) Notifications – Method Of Submittal: Notifications required by this section to be submitted to the city shall be made through the City's on-line permit portal as designated in rules.
(Added Coun. J. 9-1-99, p. 10096, § 2; Amend Coun. J. 6-7-00, p. 34984, § 1; Amend Coun. J. 12-15-04, p. 39840, § 1; Amend Coun. J. 4-9-08, p. 24657, § 3; Amend Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 2-9-11, p. 112149, § 13; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 5-8-13, p. 53462, § 1; Amend Coun. J. 12-9-15, p. 15681, § 1; Amend Coun. J. 11-21-17, p. 61755, Art. IV, § 4; Amend Coun. J. 10-27-21, p. 40504, Art. II, § 10)