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Board grants petition to legalize long‑existing attic at 152 Collins St., with department follow‑up on code requirements
Summary
The board overturned DBI’s denial and granted an appeal to legalize an attic space at 152 Collins Street that has existed for more than three decades; DBI noted potential sprinkler/service requirements if the space is declared habitable and advised owners to work with departments on necessary upgrades.
The Board of Appeals on Feb. 10 granted an appeal from Ben and Lorraine Freeman and ordered the Department of Building Inspection to recognize attic work at 152 Collins Street as legal construction. The owners said the attic pop‑up was completed and signed off in 1983 and that the structure has existed in its present form for more than 30 years; an anonymous neighbor complaint alleging an illegal third story prompted administrative action.
DBI staff confirmed a reroofing permit in the 1980s and that the feature has existed for decades. Inspectors flagged that converting an attic to habitable space might trigger sprinkler or water‑supply requirements if the building is treated as a four‑story structure under modern code; senior inspectors advised owners that a pre‑application meeting with DBI and Planning would help identify any necessary system upgrades (for example, a separate fire service or combination meter to supply a sprinkler system) and potential costs.
Commissioners weighed the long‑standing physical condition of the roof‑pop and the department’s technical concerns. Commissioner Fung moved to grant the appeal and overturn DBI’s denial on the basis that the attic work is legal; the motion passed on recorded votes. The board indicated the decision legalizes the existing construction but departments retain authority to require code‑compliant retrofits where necessary for final certification.
Next steps: owners should coordinate with DBI and Planning to determine whether the attic is to remain storage (non‑habitable) or be formalized as habitable space and to identify any sprinkler, structural, or service upgrades needed for full legal habitability.
