184.108.40.206 Local Building Departments
The building department of any city, county, or city and county may approve alternates for use in the erection, construction, reconstruction, movement, enlargement, conversion, alteration, repair, removal, demolition or arrangement of apartments, condominiums, hotels, motels, lodging houses, dwellings, or accessory structures, except for the following:
- Structures located in mobilehome parks as defined in California Health and Safety Code Section 18214.
- Structures located in special occupancy parks as defined in California Health and Safety Code Section 18862.43.
- Factory-built housing as defined in California Health and Safety Code Section 19971.
The consideration and approval of alternates by a local building department shall comply with the following procedures and limitations:
- The approval shall be granted on a case-by-case basis.
- 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.
- 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.
- 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 equivalent facilitation as defined in Chapter 2 of the California 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 Section 17951(e) and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1.