DBI seeks planning code change to allow prescriptive rear-yard egress options

Deputy Director Neville Pereira reported to the Building Inspection Commission that DBI has drafted four prescriptive alternatives to an interim information sheet, EG02, that addresses emergency escape and rescue openings that open into rear yards not directly connected to the public way. He said the State Fire Marshal and the local fire prevention agency retracted earlier prescriptive guidance in October 2021, leaving DBI to review such projects on a case-by-case basis.

"We have come up with about 4 options that we can prescriptively get behind," Pereira said, describing alternatives that include direct access routes for rescue ladders, roof access to reach rescue openings, balconies or vertical access for sufficiently deep rear yards, and other options presented at an earlier meeting.

Pereira said DBI has worked with the Fire Department and the American Institute of Architects to develop these alternatives and now recommends seeking a Planning Department co-signature or a zoning code amendment so the options can be used without requiring a time-consuming zoning variance. "The recommendation is that we go that route," he said, adding that the Planning Department has not yet agreed but that codification would avoid repetitive discretionary reviews.

Commissioners and public commenters pressed DBI about implications for accessory dwelling units (ADUs) and below-grade bedrooms. Public commenter Georgia Schubish warned that excavations and light wells used for egress in ADU and remodel projects can trap occupants and present rescue challenges; Jerry Drantler said ADUs and densification require thoughtful treatment to avoid creating safety hazards.

DBI said a draft bulletin already exists and noted the interim approach remains a case-by-case review agreed upon in late 2021 by DBI and the Fire Department. The department said it may issue an interim document to facilitate projects while seeking a formal Planning Department legislative change. Deputy City Attorney Rob Capela advised that if an alternate conflicts with the Planning Code, applicants would currently need a variance from the zoning administrator until the code is amended.

Next steps: DBI will draft a formal request to Planning for a zoning-code change and report back to the commission, and it said it will continue to treat ADUs and new construction consistently with building-code requirements in the interim.