Section 1.8.7

ALTERNATE MATERIALS, DESIGNS, TESTS AND METHODS OF CONSTRUCTION

1.8.7.1 General. The provisions of this code, as adopted by the Department of Housing and Community Development are not intended to prevent the use of any alternate material, appliance, installation, device, arrangement, design or method of construction not specifically prescribed by this code. Consideration and approval of alternates shall comply with Section 1.8.7.2 for local building departments and Sec- tion 1.8.7.3 for the Department of Housing and Community Development.

1.8.7.2 Local building departments. The building department of any city, county, or city and county may approve alternates for use in the erection, construction, reconstruction, move- ment, enlargement, conversion, alteration, repair, removal, demolition or arrangement of apartments, condominiums, hotels, motels, lodging houses, dwellings, or accessory struc- tures, except for the following:

1. Structures located in mobilehome parks as defined in California Health and Safety Code Section 18214.

2. Structures located in special occupancy parks as defined in California Health and Safety Code Section 18862.43.

3. Factory-built housing as defined in California Health and Safety Code Section 19971.

10 2019 CALIFORNIA EXISTING BUILDING CODE

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1.8.7.2.1 Approval of alternates. The consideration and approval of alternates by a local building department shall comply with the following procedures and limita- tions:

1. The approval shall be granted on a case-by-case basis.

2. Evidence shall be submitted to substantiate claims that the proposed alternate, in performance, safety and protection of life and health, conforms to, or is at least equivalent to, the standards contained in this code and other rules and regulations promulgated by the Department of Housing and Community Development.

3. The local building department may require tests performed by an approved testing agency at the expense of the owner or owner’s agent as proof of compliance.

4. If the proposed alternate is related to accessibility in covered multifamily dwellings or in facilities serving covered multifamily dwellings as defined in Chapter 2 of the California Building Code, the proposed alternate must also meet the threshold set for equiv- alent facilitation as defined in Chapter 2 of the Cali- fornia Building Code.

For additional information regarding approval of alternates by a building department pursuant to the State Housing Law, see California Health and Safety Code Sec- tion 17951(e) and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1.

1.8.7.3 Department of Housing and Community Develop- ment. The Department of Housing and Community Develop- ment may approve alternates for use in the erection, construction, reconstruction, movement, enlargement, con- version, alteration, repair, removal or demolition of apart- ments, condominiums, hotels, motels, lodging houses, dwellings or accessory structures thereto and permanent buildings in mobilehome parks and special occupancy parks. The consideration and approval of alternates shall comply with the following:

1. The department may require tests at the expense of the owner or owner’s agent to substantiate compliance with the California Building Standards Code.

2. The approved alternate shall, for its intended purpose, be at least equivalent in performance and safety to the materials, designs, tests or methods of construction prescribed by this code.