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Board upholds permit for 786–792 First Ave with mold‑testing and tenant‑protection conditions
Summary
The San Francisco Board of Appeals upheld a permit for work at 786–792 First Avenue but limited the scope to correcting outstanding notices of violation in Unit 786, required smoke detectors and allowed tenant displacement only if DBI determines hazardous mold abatement necessitates it. The vote was 4–0.
The San Francisco Board of Appeals on a 4–0 vote upheld a building permit for 786–792 First Avenue but limited the work to correcting pending Notices of Violation in Unit 786 and added conditions intended to protect tenants.
The board’s action followed a DBI inspection that found Unit 786 in poor condition — leaks, pest problems, missing tiles and a nonworking smoke detector — while Unit 788 was described as being in good repair. Lawrence Kornfield of the Department of Building Inspection summarized the site visit and the violations the inspector documented.
Attorney Elizabeth Earhart, representing the Ricci Trust, told the board the owner had narrowed the permit scope after discussions with counsel and would withdraw renovation work for the other unit. "All we want to do now is correct the notices of violation," Earhart said, describing the change as intended to avoid tenant displacement where possible.
Commissioners focused on how to handle mold testing and whether remediation could require temporary relocation. Earhart said she had recommended mold testing and offered to secure reports, adding she expected lab turnaround "not more than two or three weeks." DBI staff told the board most mildew and mold complaints can be remedied without major demolition but acknowledged some cases require more extensive remediation.
After extended questioning about who would decide whether displacement was necessary, the board approved a motion to uphold the permit with explicit conditions: limit the scope to correcting DBI Notices of Violation for Unit 786; do not displace the tenant for these repairs except where abatement of a hazardous mold condition requires it as determined in consultation with and based on the recommendation of the Department of Building Inspection; and install functioning smoke detectors as part of the permitted work. The motion passed 4–0 (President Frank Fung, Commissioner Kendall Goh, Vice President Tanya Peterson and Commissioner Mandelmann voting yes; Commissioner Michael Garcia absent).
The board’s decision allows the owner to proceed with limited repairs aimed at addressing health and safety violations while preserving the right of DBI to require further action, including relocation, if a third‑party test shows a hazardous mold condition. The permit document will include the conditions the board read into the record.
The board adjourned the hearing on this item; the permit holder is expected to coordinate with DBI and submit any agreed reports or documentation as directed by staff.
