Board continues appeal over unpermitted roof cover after DBI flags fire-safety noncompliance

President Trezvino presided over a Feb. 12 hearing in which the Board of Appeals continued an appeal by Jonah Yee of a December 19, 2024 alteration permit that legalized a roof over an existing light well at 407 30 Fifth Avenue. The board directed the permit holder to work with the Department of Building Inspection (DBI) on corrective measures and continued the matter to March 19 so the parties can develop a compliance plan.

The appeal centers on Permit No. 202412116584 and Notice of Violation No. 2024429869 issued in late 2024. Yee told the board the roof produces a shadow that darkens rooms in his unit and asked that the permit be modified so the cover would be clear rather than opaque. The planning department and the permit holder said the work was intended to legalize an existing structure; DBI said the permit was issued in error because the roof was constructed to the property line without required fire-rating.

Why this matters: DBI told the board the structure as built lacks the fire separation required at the property line, creating a life-safety issue that the department said must be corrected. The board gave the permit holder time to pursue either a revision permit that adds fire-rating or to pull back the roof edge to meet separation distances, then report back on progress.

Details and testimony Jonah Yee, the appellant, said the adjacent cover casts shadows into his dining nook and a usable room and requested a clear covering instead of the opaque material now in place. "I just want a clear structure over it so that the light can come through and they can still get their cover," Yee told the board.

Architect Samuel (Sam) Kwong, representing the permit holder, said the structure was built earlier and the owner applied to legalize it after receiving a notice. "We were legalizing an existing structure," Kwong said while presenting shadow studies that showed limited impact at many times of the year.

DBI plan-review senior building inspector Joe Aspatel (transcribed as Joe Ospatel/Aspatel) said aerial photos show a roof covering over the stairwell as early as 2002 and that the roof was extended to the property line around 2012. Aspatel told the board that construction to the property line must be fire-rated: "The construction to property line is not rated construction which is required by the building code," he said, and recommended the permit holder submit a revision permit to either cut the roof back three feet or provide a one-hour fire rating.

Permit holder Linda Kwan, who testified in person, said she did not know a permit was required when the work was done in 2012 and that she followed the city's review and received approvals. "I didn't know there's a permit required when I was 2012," she said. She told the board she would need time to cost and pursue either option recommended by DBI.

Board action and next steps Commissioner Rick Swig moved and the board voted 4–0 to continue the appeal to March 19 so the permit holder and DBI can develop a compliance plan and report back. President Trezvino said the parties should communicate directly and that the permit holder should coordinate with DBI about whether to fire-rate the existing roof or to set it back three feet from the property line.

Items for follow-up - DBI advised two corrective paths: (1) revise the existing permit and provide a one-hour fire rating, or (2) retract the roof edge three feet to provide fire separation. DBI said either option is acceptable but will impose additional cost on the permit holder. - The board gave the permit holder a 360-day window (per DBI permitting timelines discussed) to complete the required work once a revision is submitted, but the board set a March 19 continuance so the parties can report preliminary plans and estimated timelines.

Ending The Board of Appeals did not make a final determination on the permit at the Feb. 12 hearing. The matter is continued to March 19 for the permit holder and DBI to present a compliance plan to the board.