This office lease clause deals with asbestos and causing the landlord to remediate asbestos during initial alterations.
One important clause that landlords in Oregon should be aware of is the "Oregon Clause Dealing with Asbestos and Causing the Landlord to Remediate Asbestos During Initial Alterations." This clause is designed to protect tenants from the potential health hazards associated with asbestos during any initial alteration or renovation work conducted by the landlord. The presence of asbestos in buildings can be a significant concern as it is a known carcinogen when its fibers are released into the air and subsequently inhaled. Therefore, it is crucial for landlords to comply with the state regulations and take the necessary steps to ensure the safety of their tenants. Under this Oregon clause, landlords are responsible for identifying the presence of asbestos before conducting any initial alterations or renovations. They must hire a licensed asbestos inspector to assess the property and determine if asbestos-containing materials (ACMs) are present. This inspection is typically required if the structure was built before 2004 when the use of asbestos in construction materials was largely phased out. If asbestos is found, landlords are obligated to remediate it in accordance with state regulations. This process involves hiring a licensed asbestos abatement contractor who will safely remove and dispose of the ACMs. The landlord is responsible for ensuring the proper remediation of the asbestos, as well as providing documentation of the abatement to the tenant. It is crucial for landlords to understand the different types of Oregon clauses dealing with asbestos and causing the landlord to remediate asbestos during initial alterations. These may include: 1. Pre-1981 Clause: This clause specifically applies to buildings constructed before 1981, as this is the year when the Environmental Protection Agency (EPA) banned the use of asbestos-containing patching compounds and joint compounds. Landlords must take extra precautions when working on these older buildings due to the higher likelihood of asbestos-containing materials. 2. Post-1981 Clause: Buildings constructed after 1981 are generally not expected to contain asbestos. However, precautionary measures are still necessary, as some materials manufactured after the ban may still have contained small amounts of asbestos. In such cases, landlords must conduct proper inspections to ensure tenant safety. 3. Renovation Clause: This clause applies when the landlord intends to renovate or make significant alterations to a rental property. Landlords must notify tenants in advance and comply with the necessary asbestos inspections and remediation processes before commencing any renovation work. By adhering to these Oregon clauses, landlords can ensure the safety of their tenants while also complying with state regulations regarding asbestos. It is essential to consult with legal professionals or industry experts knowledgeable in asbestos regulations to ensure full compliance and protect both the landlord and tenant.
