Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Building Code Occupancy topic
No spam. Unsubscribe anytime.
Board conditions Polk Street plumbing permit on building permit to revert illegal unit
Summary
The Board upheld a plumbing permit for 2047 Polk Street but conditioned it so the plumbing work cannot proceed until a building permit is issued to remove an illegal unit and revert to the last legal use; DBI staff said a building permit with plans is required to document such a reversion.
The Board of Appeals considered an appeal over a plumbing permit issued for 2047 Polk Street and ruled to uphold the plumbing permit while conditioning its execution on the issuance of a building permit to document removal of an illegal unit and reversion to the last legal use.
DBI inspector Joe Duffy reported that records and a certificate of final completion support the building’s legal configuration as ground‑floor commercial with a single residential unit above; he said prior housing‑inspector notes that suggested a two‑unit configuration were corrected after record checks. DBI and planning staff advised that removing or legalizing an illegal dwelling would normally require a building permit with plans that show the work to revert to the last legal use.
Appellate counsel for the occupant argued a plumbing permit cannot be used to change occupancy and asked the board to revoke the plumbing permit because building code section 106 requires a building permit for changes in occupancy; the permit holder and his counsel countered that the plumbing permit had been issued correctly and that the owner intends to remove the unit from rental use.
The Board voted to uphold the plumbing permit but to keep the plumbing permit suspended until a building permit to remove the illegal unit and revert to the last legal use has been issued and its appeal period exhausted. That condition aims to ensure DBI receives a set of plans that document the reversion before plumbing work proceeds.
