Or. Admin. Code § 918-020-0390 - Alternative Approval Process for Single-Family Dwelling Conversions

(1) A municipality administering and enforcing a building inspection program under ORS 455.148 or 455.150 shall, upon written request from an applicant for a building permit, exercise its ability to grant a local alternate approval, including alternate methods, modifications, and waivers under the state building code for projects related to conversion of a single-family dwelling to no more than four dwelling units. When making decisions regarding such a permit application, a building official may grant an alternate method for the following elements:

(a) Means of egress requirements, including emergency escape and rescue openings;

(b) Smoke alarms, carbon monoxide alarms, and radon gas mitigation;

(c) Fire separation, fire resistance ratings, and dwelling unit penetrations and compartmentalization; and

(d) Required automatic fire sprinkler systems.

(2) In making decisions related to an alternate method for conversion of an existing single-family dwelling into no more than four dwelling units, a building official may consider whether an automatic sprinkler system is technically feasible and consider alternate methods and materials, provided that adequate safeguards exist to address the items listed in section (1) of this rule and other appropriate measures are in place to ensure public safety, fire and smoke control, and safe egress.

(3) A building official may accept an alternate method, a modification, or waiver of other code items pertaining to the conversion of existing single-family dwellings into no more than four dwelling units. However, consistent with the discretionary decision making powers granted to building officials, and consistent with this rule, a building official may not approve a condition that would create an imminent threat to public health and safety.

(4) Applicable standards for the conversion of a single-family dwelling as follows:

(a) A conversion into two dwelling units follows the construction standards of the Oregon Residential Specialty Code; and

(b) A conversion into three or four dwelling units follows the construction standards of the Oregon Structural Specialty Code.

Notes

Or. Admin. Code § 918-020-0390

BCD 13-2017, temporary adopt filed 09/29/2017, effective 09/29/2017 through 03/27/2018; BCD 2-2018, adopt filed 02/23/2018, effective 3/1/2018; BCD 1-2020, amend filed 01/14/2020, effective 1/14/2020; BCD 12-2021, amend filed 11/18/2021, effective 1/1/2022

Statutory/Other Authority: ORS 455.610

Statutes/Other Implemented: ORS 455.610