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Board declines tenant's appeal over interior reconfiguration; DBI says study room, not bedroom

May 18, 2022 | San Francisco City, San Francisco County, California


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Board declines tenant's appeal over interior reconfiguration; DBI says study room, not bedroom
San Francisco — A tenant who lives at 217 15th Avenue asked the Board of Appeals to revoke an alteration permit that she says will enable illegal bedroom conversions and create life‑safety risks. The board denied the appeal after city building inspectors said the work as permitted complies with code provided an unpermitted translucent courtyard cover is removed.

Courtney Louie, the appellant and a current tenant, presented photographs, building‑code citations and an email she described as the permit holder’s admission that the work would enable sleeping quarters: she cited exhibit language saying the permit holder’s "intention to reconfigure the kitchen is for sole purpose to convert it into sleeping quarter." Louie argued that kitchens proposed for conversion lack direct access to a public way, yard or unobstructed court required for sleeping rooms under state and local code.

Permit holder Lawrence Wu said he did not change the building’s floor plan and that the issued permit was reviewed by Planning and DBI; he said the unit changes created a legal "room" not a bedroom and that the permit was issued under existing code. DBI senior inspector Kevin Birmingham said city inspectors would require removal of the plexiglass cover over the courtyard so the space qualifies as a court open to the sky and said a plan note would prohibit locking the door that provides egress through the study room. Birmingham told the board the department considers the space a study room under the building code as issued but cannot police every occupant’s use; housing inspectors may issue citations if a room is illegally used as a bedroom.

Commissioners balanced tenant safety concerns and DBI’s technical review; the board voted 4–0 to deny the appeal and uphold the permit but asked staff to add plan notes and inspection requirements (removal of unpermitted courtyard cover and a note that the room cannot have a lock).

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