3431 se rex.jpg
Major renovation began at the house at 3431 S.E. Rex St. across from Duniway School in Southeast Portland last month. The builders, who own the site, did not remove asbestos before starting work.
(Melissa Binder/The Oregonian)
Neighbors in Southeast Portland want the city to make asbestos regulation a priority after a renovation near Duniway School may have exposed children to the dangerous material.
A major portion of a house containing asbestos was torn down across from the school last month without abatement or containment procedures to protect workers, neighbors and school children.
Neighbors in Eastmoreland say the renovation represents everything that's wrong with Portland's infill policies.
The city approved a permit May 6 for Classic Image Homes to transform the 1940 house into a two-story colonial.
Instances of older homes coming down to be replaced with larger, newer houses have skyrocketed in recent years, especially in Southeast Portland. Many older houses contain asbestos, a material used in construction until around 1980 that can cause cancer or chronic lung disease. The more older homes come down, the more Portland residents are at risk for asbestos exposure.
But builders in Portland aren't required to prove that asbestos has been dealt with before they receive city permits to demolish or renovate a building.
Neighborhood president Robert McCullough said it is common sense that proof of asbestos removal (or the material's absence) should be required before the city issues a demolition or renovation permit. He hopes to convince the city's Development Review Advisory Committee of the same thing.
Timeline at Rex Street house
May 6:
City issues permit, builder tear downs portion of the house at 3431 S.E. Rex St.
May 7:
Eastmoreland neighbors contact a number of state health and environmental departments. OSHA demands a response from the builder via email.
May 8:
JSE Labs, Inc., tests the site for hazardous material and finds friable asbestos.
May 11:
Builder responds to OSHA to say JSE Labs, Inc., has tested material and will remove asbestos.
May 12:
Crew in hazmat suits works at Rex Street house, DEQ inspector visits the site.
The renovation at 3431 S.E. Rex St. is also an example of why neighbors should be notified about development projects, McCullough said. Knowing about this project would have given neighbors a chance to confirm the builders had taken care of asbestos.
The neighborhood association has been pushing the city for months to require that neighbors get advance notice before every demolition. They also want the city to redefine "demolition" to include any development project that involves the removal of half an existing house.
Demolition permits are currently only required when a builder removes an entire structure, including the foundation.
"The problem is really at the city level," McCullough said. "The city has lost interest in these nuts and bolts issues."
Neighbors did spark action by a number of state departments following initial renovation work at the Eastmoreland house, and asbestos-containing material has been removed.
But the incident highlights a serious problem, McCullough said: Under the current system for asbestos regulation, enforcement doesn't kick in until after construction workers and neighbors are exposed.
'We're doing the city's job'
The city signs off on development projects, but leaves the regulation of asbestos up to the Oregon Department of Environmental Quality. The result, neighbors say, is that enforcement of asbestos rules doesn't kick in until it's too late.
DEQ requires that an accredited inspector complete an asbestos survey before any demolition or renovation, and that a copy of that survey remain on site during any work.
DEQ also requires builders to notify the state about any plans for asbestos abatement. Builders must notify the department 10 days before dealing with friable asbestos, and five days before removing non-friable material. (Friable asbestos comes apart easily and can be breathed deeply into the lungs.)
Classic Image Homes fulfilled none of these requirements at 3431 S.E. Rex St. The company received a permit from the city for the major addition on May 6.
Alex Koval, a co-owner of the company, said he didn't know about the state's asbestos regulations. The company first registered with the state in 2011.
"We should have had it checked before we started doing anything at all," he said. "We didn't know that, and now we do."
It's impossible to know whether neighbors or children at Duniway School were exposed to the friable asbestos at 3431 S.E. Rex St., said Fred Berman, the director of the toxicology information center at the Oregon Institute of Occupational Health Sciences.
Exposure would depend on minute details, such as which direction the wind was blowing during the days the asbestos-containing materials sat in the yard after being torn down. Any exposure likely would have been small, he said.
Such limited exposure causes next to no risk of lung disease or cancer, he said. People who suffer those serious side effects work with asbestos for decades before getting sick.
Neighbors say any preventable exposure is too much.
Kimberly Koehler, an active member of the Eastmoreland Neighborhood Assocaition, said the renovation on Rex Street is "an example of what happens when you leave it up to the developer."
Though DEQ can penalize violators if they're caught, builders don't need asbestos removal plans approved by the department before moving forward.
In reality, the department isn't likely to catch violators unless neighbors complain.
Jason Gilkey, the DEQ's asbestos control analyst for the Northewest region, said the investigation into the Rex Street house incident is ongoing and that he cannot disclose what violations, if any, might be issued to Classic Image Homes.
Koehler said she'd like to see the city step up to help protect Portlanders from asbestos exposure by requiring documentation of asbestos abatement before issuing a permit. It's just one extra box to check, she said.
"The system as it is isn't working," Koehler said. "We're doing the city's job."
-- Melissa Binder