1.8.7 Alternate Materials, Designs, Tests

Construction.

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

building departments and Section 1.8.7.3 for the Depart- ment of Housing and Community Development.

1.8.7.2 Local Building Departments. The building depart- ment of any city, county, or city and county may approve alternates for use in the erection, construction, recon- struction, movement, enlargement, conversion, alteration, repair, removal, demolition, or arrangement of apartments, condominiums, hotels, motels, lodging houses, dwellings, or accessory structures, 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 Sec- tion 18862.43.

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

1.8.7.2.1 Approval of Alternates. The consideration and approval of alternates by a local building department shall comply with the following proce- dures and limitations:

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 perform- ance, 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 accessi bil- ity in covered multifamily dwellings or 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 equivalent facilitation as defined in Chapter 2 of the California Building Code.

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

1.8.7.3 Department of Housing and Community Devel- opment. The Department of Housing and Community Development may approve alternates for use in the erec- tion, construction, reconstruction, movement, enlarge- ment, conversion, alteration, repair, removal, or demolition of apartments, 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 compli- ance with the California Building Standards Code.

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