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Board modifies permit, requires opaque 1‑hour fire‑rated window to abate NOV at 270 Roosevelt Way

San Francisco Board of Appeals · August 18, 2010
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Summary

The board accepted an appeal over a property‑line window at 270 Roosevelt Way and modified the permit to require a fixed, 1‑hour fire‑rated window assembly with opaque or translucent rated glass (to comply with DBI Administrative Bulletin 19), a compromise intended to abate the DBI Notice of Violation without sealing the tenants bedroom entirely.

The San Francisco Board of Appeals on Aug. 18 resolved a heated dispute over a bedroom window at 270 Roosevelt Way, where the permit holder had pulled a permit to "frame in" a property‑line window after a code inspection. Tenants and neighbors argued sealing or framing the window would make the bedroom uninhabitable; the owner said the work was necessary to abate a DBI Notice of Violation.

DBIs senior building inspector and the property owners counsel told the board the permit pulled called for a "frame in property line window with 1‑hour assembly" to address the NOV and code concerns. Tenant Paul Hasson and neighbors said boarding or framing the window would eliminate light and ventilation and could violate habitability standards; they urged alternative solutions.

After significant discussion about grandfathering, the age of the window and alternatives (rated nonoperable fire‑rated glass, wire glass, opaque solutions, or re‑siting a window), Commissioner Fung moved to accept the appeal on the condition the permit be revised so the opening is remediated using a one‑hour, fire‑rated, nonoperable assembly with opaque or translucent rated glass that complies with DBI Administrative Bulletin 19. The board tied the modification to non‑visibility (glass the neighbor cannot see through) to protect privacy while ensuring the NOV is abated. The motion passed 4–1.

Board members and DBI staff noted alternatives — including a rated window that would permit light without operability — and emphasized the permit holder could withdraw the current permit and refile if they preferred a different remedy. The boards modification aims to abate the NOV while protecting the neighbors privacy and preserving a usable room for the tenant.