Up Sucker Creek

Up Sucker Creek
Photo Courtesy of the Lake Oswego Library

Saturday, October 21, 2017

When politicians try to be developers ..

... you can pretty much guarantee it won't work the way it should, and that it will cost much more than it should.  But you have to admit, they're cute.

I call it the Hobbit Effect.  Or maybe the Doll House se or Cabin in The Woods or the Kidz Klubhouse on wheels.  Tiny Houses seem to appeal to our youthful fantasies of building a fort and hiding away from the world (parents).  Whatever the reason, they are popular enough to have a TV show devoted to the style..

What, How, Where and Why? Solving or making problems?

In real life, how would you like one of these in your back yard?  How about your next door neighbor's back yard?  Or the yard behind you?  How small is too small? How many people can live in one of these tiny houses? Would they be solely for one's family or friends, or rented to strangers - and who would screen the tenants and enforce rules (if there are any)?   How many Tiny Houses can fit onto one lot?  In which residential area do they belong?  Can they be placed singly on their own lot, or in clusters on a lot?  Do Tiny Houses belong in established neighborhoods at all?  Do they get plumbed like a real house?  What would this do to zoning and density, neighborhood and city character, parking, noise, livibility, etc.?

Reality and magical thinking 

Some people believe that the smaller a dwelling is or if the dwelling units are in apartments that are very dense, the resulting housing will be affordable.  (Silly idea.). Maybe less expensive than a large house on a large lot, but Affordable isn't always measured by the size of a dwelling - it's the cost of the land stupid!  All over Lake Oswego (and the Metro area within the UGB) affordable homes are being torn down to make room for unaffordable new ones.  Apartments are going in, but heavy demand, expensive land (especially n desirable locations) and cost to build are making new dwellings unaffordable.

If location and the cost of scarce buildable land (up to $550k for a lot down the street and not on water and no view!) are climbing, how could anything, tiny or otherwise be affordable in LO?  Without government subsidies.  When taxpayers are footing the bill for anything, 3 things happen - a very few people get lucky, the price of the commodity goes up, and taxpayers get poorer.  Oh yeah - and progressive'oliticians feel better about themselves.

Government makes a stab at affordable housing 

During the 2017 State Legislative Session, the State passed a bill that requires the Department of
Consumer and Business Services to adopt construction standards for building small dwellings, under 600 square feet. The thinking is that these small homes will be affordable homes for people who can't afford or don't want to buy a regular sized home. Tiny houses are not now legal anywhere in the state except as RVs or mobile homes and most are not built to any code.  .

Still not affordable 

Given that it is the land that is the most precious part of home buying in urban areas, consideration must be given to the affordablity of the lot the houses will sit on.  In Lake Oswego, that would be about $400,000.  At that price, it doesn't matter how much the structure costs, it will still be unaffordable.   Unless - it is an accessory dwelling on an existing lot, or the city approves the creation of tiny lots, or several houses are put together on one lot as unique condo units.  So why are Attached y houses even being considered ?  (Special interest groups...)

What do residents of Lake Oswego want?

What will City planners want and what will the City Council agree to?  Whatever the citizens and Planning Commission want is immaterial.  The City has no minimum dwelling size in its CDCs now and has never made a move to create one. I think citizens would be surprised to learn that, and shocked to see Tiny Houses pop up in their neighborhood.  A bohemian, anything-goes atmosphere is not the character that most neighborhoods identify with.    What type of housing do you want to see in Lake Oswego - in your neighborhood or someone else's?


Legislators (Planners, City Councilors, etc.) suck as builders and developers

The biggest problem with creating building standards for such small houses for permanent residency is that they are inherently unsafe. Building codes are written to make houses safe for occupants and neighborhong structures.  International Building Codes require Easily accessible emergency egress from every sleeping area that is of a certain size and placement to be useful.  The small home codes are being written to get around these requirements because most of these houses have sleeping areas in lofts that don't have legal ceiling height, walkable space to get to a window, no window in the loft, and stairs that are not to code and may be just ladders. If a fire broke out on the lower level, there would be no escape.   Other codes dealing with plumbing, fixtures, heating and cooking appliances, minimum space requirements, energy erefficiency, building strength and structure, glazing, sanitary hookups, heating, open flame source appliances, electrical wiring, etc. may be affected. 

Safety sacrificed for olitical agenda

The push to adopt building codes for small houses is not supported by organizations that deal with
 building and fire safety.  However. only politicians get to make laws - even careless and dangerous ones.  For political reasons they can ignore good advice, normal code review processes, and proven methods, and do stupid things.  Among other things, politicians should not try to be builders - the list of what government is not good at is endless.   Some mistakes can be fatal, while others can disrupt lives and hurt people they intend to help.  The more laws they make, the more opportunities to screw up.   

Experts slam tiny house codes


"Allowing “tiny homes” to be built to a lesser standard and occupied on a permanent basis could be interpreted that it’s acceptable for anyone who occupies them to have a lesser MINIMUM standard for life safety than those that have a traditional home built to the Oregon residential specialty code."
"Writing codes at the legislative level undermines the system that has placed Oregon as a leader on building code compliance and has the buy off of key stakeholders. Putting code provisions in statute would undermine the professional and technical expertise of Oregon’s statutory boards and the experts who serve on those boards."


Enrolled House Bill 2737

Sponsored by Representatives BARNHART, BYNUM; Representatives KENY-GUYER, NATHANSON, POWER, Senators MANNING JR, MONNES ANDERSON (at the request of Tom Bowerman, Oregon Housing Alliance)

CHAPTER .................................................

AN ACT 

Relating to construction standards for small homes; and prescribing an effective date.

Be It Enacted by the People of the State of Oregon:
       SECTION 1. Section 2 of this 2017 Act is added to and made a part of ORS chapter 455.
       SECTION 2. (1) As used in this section, “small home” means a dwelling that is not more than 600 square feet in size.
       (2) The Director of the Department of Consumer and Business Services shall adopt con- struction standards for prefabricated and site-built small homes for incorporation into the state building code. The construction standards for small homes must include, but need not be limited to, standards that:
       (a) Allow sleeping lofts; and
       (b) Allow the use of ladders or alternate tread devices as the primary means of egress from a sleeping loft.
       SECTION 3. The Director of the Department of Consumer and Business Services shall complete the adoption of initial construction standards for small homes under section 2 of this 2017 Act in time for the standards to become effective no later than January 1, 2018.
       SECTION 4. The Director of the Department of Consumer and Business Services shall report to a committee of the Legislative Assembly relating to construction in the manner provided by ORS 192.245 no later than March 1, 2019, regarding the implementation and use of construction standards for small homes adopted under section 2 of this 2017 Act. The re- port may include, but need not be limited to, any recommendations of the director regarding construction standards for small homes.
       SECTION 5. This 2017 Act takes effect on the 91st day after the date on which the 2017 regular session of the Seventy-ninth Legislative Assembly adjourns sine die.
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Enrolled House Bill 2737 (HB 2737-B) 

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