OAR 918-020-0390: Alternative Approval Process for Single-Family Dwelling Conversions

(1) For the purpose of an alternative approval process for single-family dwelling conversions as used in this rule, the listed terms are defined as follows: (a) “Alternate method” means a proposal from an alternate approval process permit applicant to meet the standard of care for fire life safety protection for the items listed in section (2) of this rule as required by the state building code for a dwelling conversion in a manner other than what is listed in code, including consideration of alternate construction methods and materials that achieve equivalent safety. (b) “Modification” means a proposal from an alternate approval process permit applicant for dwelling conversion to address one or more building code requirements in a similar manner as required by the state building code. A modification is not a waiver. Modifications address the general code requirement but do not have to meet an equivalent standard of care, or a specific code requirement. A modification is not permissible for the items listed in section (2) of this rule. (c) “Waiver” means a proposal from an alternate approval process permit applicant for dwelling conversion to waive a non-building safety code requirement. A waiver is not permissible for the items listed in section (2) of this rule. (2) 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. (3) 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 (2) of this rule and other appropriate measures are in place to ensure public safety, fire and smoke control, and safe egress. (4) 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. (5) 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.