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Legalization of Dwelling Units Installed Without a Permit

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City and County of San Francisco
Department of Building Inspection
London Breed, Mayor
Patrick O’Riordan, Interim Director
Technical Services Division
49 South Van Ness Avenue, Suite 500 - San Francisco CA 94103
Phone (628) 652-3720 – www.sfdbi.org
Rev 2/22/2021
Legalization of Dwelling Units Installed Without a Permit
SCREENING FORM – No fee to file
The Screening Form shall be completed by a California licensed architect, civil or structural
engineer or contractor. Submittal of this Screening Form is to summarize the evaluation
performed on the building and to identify code issues related to the legalization of existing
unauthorized dwelling units under Ordinance No. 43-14.
Submit the completed Screening Form (with the supporting documents) either:
• As a pdf attachment to unitlegalization@sfgov.org with “Unit Legalization Screening
Submittal” in subject line; or
• As a hardcopy by U.S. mail to: 49 South Van Ness Avenue, Suite 500 San Francisco, CA
94103 Attn: Technical Services
BLOCK / LOT NUMBER
ADDRESS
CONTACT (OWNER OR AGENT)
SECTION 1 – ADMINISTRATIVE INFORMATION
Contact Name
Contact Telephone
Contact Mailing Address
SECTION 2 – DOCUMENTATION OF EXISTING UNAUTHORIZED DWELLING
UNITS AND IDENTIFICATION OF RELATED CODE ISSUES
☐ Attach floor plans for the entire building to demonstrate egress or other code issues
☐ Attach site (plot) plan showing the location of existing buildings, other structures on the
site, property lines and locations of adjacent streets or alleys.
☐ Assessment/costs prepared by licensed contractor, architect or engineer that outlines
compliance plan to meet codes (or any equivalencies subject to approval by DBI, Fire
and Planning):
Information Sheet G-17 Attachment A Unit Legalization Screening Form
Page 2 of 3
Identification of code issues:
Estimated cost for compliance:
Total estimated cost for compliance
=
☐ Owner also to provide evidence from Water Department, telephone, gas or electric records, written
lease agreements, etc. showing dwelling unit to be legalized existed prior to January 1, 2013;
Previously approved Permit Application ☐
Original construction documents ☐
Previously approved Plan ☐ Water Department bill ☐
Certificate of Final Completion ☐ Telephone bill ☐
Written Lease Agreement ☐ Gas or Electric records ☐
Other ☐
Information Sheet G-17 Attachment A Unit Legalization Screening Form
Page 3 of 3
SECTION 3 – DESIGN PROFESSIONAL/CONTRACTOR & OWNER AFFIDAVIT
Under penalty of perjury, the Design Professional/Contractor certifies that the information
provided and the Owner/Agent certifies that the information provided in Section 1 of this section
are correct to the best of their knowledge.
5.1. Design Professional:
Date stamped and signed
(NOTE: In lieu of stamp, Contractor shall provide license number and
expiration date)
Firm Name
Design Professional Telephone
Design Professional Email
5.2. Owner / Agent:
Owner
Agent
Signature
Date
FOR DBI USE ONLY
DBI has received the materials submitted and filed under “Legalization of
dwelling units installed without a permit”.
☐
Further discussions on code issues and equivalencies on compliance will be
via pre-application meetings or Administrative Bulletin AB-005.
Date received by DBI
[Professional Stamp
Here]
click to sign
signature
click to edit
Pag
e 4 of 4
[This Page Intentionally Left Blank]
`
Unit Legalization Screening Form Unit Legalization Screening Form Information Sheet G-17 Attachment A
City and County of San Francisco
Department of Building Inspection
London N. Breed, Mayor
Patrick O’Riordan, Interim Director
ATTACHMENT B
Legalization of Dwelling Units Installed Without a Permit
Checklist
The intent of this Checklist is to provide a general guideline for the legalization of dwelling units
installed without a permit. This checklist may not cover all code issues related to the legalization
process.
Referenced Codes:
• San Francisco Building Code (SFBC)
• San Francisco Existing Building Code (SFEBC)
• San Francisco Planning Code
• San Francisco Fire Code (SFFC)
• San Francisco Mechanical Code (SFMC)
• San Francisco Plumbing Code
• San Francisco Electrical Code ( SFEC)
• San Francisco Energy Code
• California Historical Building Code (CHBC)
* Code section referenced is SFBC unless noted otherwise.
Code Requirements Code
Section
Estimated
Cost for
Compliance
Remark
1.
Applicable codes shall be SF Building Code
(SFBC),
San Francisco Existing Building Code
(SFEBC), SF Mechanical Code (SFMC), SF
Electrical Code (SFEC), SF Plumbing Code,
SF Energy Code (SFEC), and SF Planning
Code, SF Fire Code (SFFC) and California
Historical Building Code (CHBC).
Technical Services Division
49 South Van Ness Avenue, Suite 500 - San Francisco CA 94103
Phone (628) 652-3720 – www.sfdbi.org
Rev 2/22/2021
INFORMATION SHEET G-17 ATTACHMENT B
Page 2 of 14
Code Requirements
Code
Section
Estimated
Cost for
Compliance
Remark
2.
Rent Board Verification. Ordinance No. 43-
14 states that the Planning Department must
verify that certain no-
fault evictions have not
occurred within certain time frames. The
applicant shall check whether or not they meet
those criteria. If such an eviction has occurred
within
the limited timeframe, the legalization
may not be processed, even if the un-
authorized unit could otherwise meet the
Building Code requirements. The Planning
Department will verify that information with the
Rent Board during the permit review process.
3.
A dwelling unit is a room or suite of two or more
rooms that is designed for, or is occupied by,
one family doing its own cooking therein and
having only one kitchen. A housekeeping room
as defined in the Housing Code shall be a
dwelling unit for
purposes of this Code. For the
purposes of this Code, a live/work unit shall not
be considered a dwelling unit.
Planning
Code
Sections
102.7 &
102.13
4.
Landscaping. Pursuant to Planning Code
Section 132, 20 percent of the front setback
area shall be
remain unpaved and devoted to
plant material, including the use of climate
appropriate plant materials. Please indicate
compliance with this requirement on the plans.
A link to the Guide to the San Francisco Green
Landscaping Ordinance is below:
http://www.sf-
planning.org/ftp/files/publications_reports/Guid
e_to_SF_Green_Landscaping_Ordinance.pdf
Planning
Code Section
132
5.
Permeability. Pursuant to Planning Code
Section 132, the front setback area shall be at
least 50 percent permeable so as to increase
stormwater infiltration. The permeable surface
Planning
Code Section
132
INFORMATION SHEET G-17 ATTACHMENT B
Page 3 of 14
Code Requirements
Code
Section
Estimated
Cost for
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Remark
may be inclusive of the area counted towards
the landscaping requirement; provided,
howeve
r, that turf pavers or similar planted
hardscapes shall be counted only toward the
permeable surface requirement and not the
landscape requirement. Please indicate
compliance with this requirement on the plans.
A link to the Guide to the San Francisco Green
Landscaping Ordinance is below:
http://www.sf-
planning.org/ftp/files/publications_reports/Guid
e_to_SF_Green_Landscaping_Ordinance.pdf
6.
Street Tree. When a dwelling unit is proposed,
including legalizing an illegal dwelling unit, the
property must comply with the street tree
requirements. One tree of 24-
inch box size is
required for each 20 feet of frontage
of the
property along each street or alley, with any
remaining fraction of 10 feet or more of
frontage requiring an additional tree. Such
trees shall be located either within a setback
area on the lot or within the public right-of-way
along such lot. This
property is required to
provide one street tree.
Please indicate
compliance with this requirement on the plans.
Planning
Code Section
138
7.
Street Tree Referral. Prior to Planning
Department approval, you must obtain a referral
form Department of Publ
ic Works (DPW). DPW
determines whether or not required trees can
feasibly be planted. Please bring to the following
to DPW: (1) a completed Tree Planting and
Protection Checklist, (2) project plans [11”x17”
is acceptable] and (3) a DPW tree planting
applic
ation. Submittals can be made to DPW’s
offices at 1155 Market St or electronically at
www.sfdpw.org -> “Services A-Z” -
> “Trees”.
INFORMATION SHEET G-17 ATTACHMENT B
Page 4 of 14
Code Requirements
Code
Section
Estimated
Cost for
Compliance
Remark
After doing their analysis and fieldwork, DPW
will provide the applicant with a signed re
ferral
form with their determination which should then
be provided to Planning staff. Planning staff
cannot approve the building permit application
without the referral form from DPW. This
information may be submitted directly to Kate
Conner at the Plannin
g Department, 1650
Mission Street,
4th Floor. The Tree Protection
and Planting checklist is linked below:
http://sf-
planning.org/modules/showdocument.aspx?d
ocumentid=8321
8.
Bicycle Parking. When a dwelling unit is
proposed, including legalizing an illegal
dwelling unit, the property must comply with
bicycle parking requirements. In order to
legalize an illegal unit per Planning Code
Section 207.3, bicycle parking spaces must be
provided on-site in a secure, weather protected
space meeting dimensions set in Zoning
Administrator Bulletin No. 9, easily accessible
to residents and not otherwise used for
automobile parking or other purposes. Each
space is required to be 2’-0” by 6’-
0. An area
devoted to bicycle parking must be shown on
the plans.
A link to Zoning Administrator
Bulletin No. 9 is below:
http://www.sf-
planning.org/ftp/files/publications_reports/ZAB
_BicycleParking_9-7-13.pdf
Planning
Code Section
155
9.
Provide floor plans for the entire building to
demonstrate exiting and other issues. The
Floor Plans must show all existing rooms
adjacent to the dwelling unit
to be legalized.
Label the use of each room.
INFORMATION SHEET G-17 ATTACHMENT B
Page 5 of 14
Code Requirements
Code
Section
Estimated
Cost for
Compliance
Remark
10.
Provide Site (Plot) Plan: Show the location of
existing buildings, other structures on the site,
property lines and locations of adjacent streets
or alleys.
•
Show dimensions between dwelling unit
walls and property lines.
• Show the direction of true North.
11.
Provide evidence from Water Department,
telephone, gas or electric records, written lease
agreements, etc. Showing dwelling unit to be
legalized existed prior to Jan. 1 , 2013
12.
Minimum ceiling heights. Occupiable
spaces, habitable spaces and corridors shall
have a ceiling height of not less than 7 feet 6
inches.
1208.2
13.
Bathrooms, toilet rooms, kitchens, storage
rooms and laundry rooms shall be permitted to
have a ceiling height of not less than 7 feet.
1208.2
14.
Ceiling height. The means of egress shall have
a ceiling height of not less than 7 feet 6 inches.
1003.2
15.
Foundation slab needs to be lowered if (12)
(13) or (14) are not met.
16.
Minimum room widths. Habitable spaces,
other than a kitchen, shall be not less than 7
feet in any plan dimensions. Kitchens shall
have a clear passageway of not less than 3 feet
between counter fronts and appliances or
counter fronts and walls.
1208.1
17.
Room area. Every dwelling unit shall have no
less than one room that shall have not less than
1208.3
INFORMATION SHEET G-17 ATTACHMENT B
Page 6 of 14
Code Requirements
Code
Section
Estimated
Cost for
Compliance
Remark
120 square feet of net floor area. Other
habitable rooms shall have a net floor area of
not less than 70 square feet.
Exception:
Kitchens are not required to be of
a minimum floor area.
18.
Efficiency Dwelling Units.
Unless modified by local ordinance pursuant to
Health and Safety Code Section 17958.1,
efficiency dwelling units shall comply with the
following:
1.
The unit shall have a living room of not
less than 150 square feet of floor area.
An additional 100 square feet
of floor
area shall be provided for each
occupant of such unit in excess of two.
2.
The unit shall be provided with a
separate closet.
3.
The unit shall be provided with a kitchen
s
ink, cooking appliance and
refrigeration facilities, each having a
clear working space of not less than 30
inches (762 mm) in front. Light and
ventilation conforming to this code shall
be provided.
4.
The unit shall be provided with a
separate bathroom contai
ning a water
closet, lavatory and bathtub or shower.
1208.4
19.
Private garages and carports Separation.
Separations shall comply with the following:
(1)
The private garage shall be separate from
the dwelling unit and its attic area by means of
gypsum board, not less than 5/8-
inch in
thickness, applied to the garage side. Garages
beneath habitable rooms shall be separated
from all habitable rooms above by not less than
a
5/8-inch (15.9 mm)
Type X gypsum board or
406.3.4.
INFORMATION SHEET G-17 ATTACHMENT B
Page 7 of 14
Code Requirements
Code
Section
Estimated
Cost for
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Remark
equivalent and ½-inch (12.7 mm) gypsum
board applied to structures supporting the
separation from habitable rooms above the
garage. Door openings between a private
garage and the dwelling unit shall be equipped
with either solid wood doors or solid or
honeycomb core steel doors not less than
1.3/8inches in thickness or doors in compliance
with Section 716.5.3 with a fire protection rating
of not less than 20 minutes. Openings from a
private garage dir
ectly into a room used for
sleeping purpose shall not be permitted. Doors
shall be self-closing and self-latching.
(2)
Ducts in a private garage and ducts
penetrating the walls or ceiling separating the
dwelling unit, including its attic area, from the
gar
age shall be constructed of sheet steel of
not less than 0.019 inches, in thickness, and
shall have no openings into the garage.
(3)
A separation is not required between a
Group R-
3 and U carport, provided the carport
is entirely open on two or more sides and there
are not enclosed areas above.
20.
Fire-resistance rating.
Horizontal assemblies separa
ting dwelling
units in the same
building and horizontal
assemblies separating sleeping units in the
same building shall be a minimum of 1-hour
fire-resistance-rated construction.
711.3
21.
Noise Insulation Enforcement Procedures.
APPLICABILITY.
The noise requirements apply only to
residential use buildings for which permits were
applied after August 22, 1974, i.e. to Form 1
and 2
applications. They do not apply to
buildings constructed before 1974 in which
Administrative
Bulletin
AB-026
INFORMATION SHEET G-17 ATTACHMENT B
Page 8 of 14
Code Requirements
Code
Section
Estimated
Cost for
Compliance
Remark
new units are created through alterations,
additions or change of use.
22.
Section 1030 Emergency Escape and
Rescue
1030.1 General. In
addition to the means of
egress required by this chapter, provisions
shall be made for emergency escape and
rescue openings in Group R occupancies.
Basements and sleeping rooms below the
fourth story above grade plane shall have at
least one exterior emer
gency escape and
rescue opening in accordance with this section.
Where basements contain one or more
sleeping rooms, emergency escape and
rescue openings shall be required in each
sleeping room, but shall not be required in
adjoining areas of the basement.
Such openings shall open directly into a public
way or to a yard or court that opens to a public
way.
Exceptions:
1. In Groups R-1 and R-
2 occupancies
constructed of Type I, Type IIA, Type
IIIA or Type IV construction equipped
throughout with an approved automatic
sprinkler system in accordance with
Section 903.3.1.1.
2.
Basements with a ceiling height of less
than 80 inches (2032 mm) shall not be
required to have emergency escape and
rescue openings.
3.
Emergency escape and rescue
openings are not required from
ba
sements or sleeping rooms that have
an exit door or exit access door that
opens directly into a public way or to a
yard, court or exterior exit balcony that
opens to a public way.
1030
Information
Sheet No.
EG-03
INFORMATION SHEET G-17 ATTACHMENT B
Page 9 of 14
Code Requirements
Code
Section
Estimated
Cost for
Compliance
Remark
4. Basements without habitable spaces
and having not more than 200 square
feet (18.6 m
2
) in floor area shall not be
required to have emergency escape and
rescue openings.
1030.2 Minimum size.
Emergency escape
and rescue openings shall have a minimum net
clear opening of 5.7 square feet (0.53 m
2
).
Exception: The minimum net clear opening for
grade-
floor emergency escape and rescue
openings shall be 5 square feet (0.46 m
2
).
1030.2.1 Minimum dimensions. The
minimum net clear opening height dimension
shall be 24 inches (610 mm). The minimum net
clear opening width dimension shall be 20
inches (508 mm). The net clear opening
dimensions shall be the result of normal
operation of the opening.
1030.3 Maximum height from floor.
Emergency escape and rescue openings shall
have the bottom of the clear opening not
greater than 44 inches (1118 m
m) measured
from the floor.
(For R3, also see Information Sheet no. EG-03)
23.
Landings shall have a width not less than the
width of the stairway or the door, whichever is
greater. Doors in the fully open
position shall
not reduce a required dimension by more than
7 inches (178 mm). Where a landing serves an
occupant load of 50 or more, doors in any
position shall not reduce the landing less than
one-
half its required width. Landings shall have
a length mea
sured in the direction of travel not
less than 44 inches (1118 mm).
1010.1.6
INFORMATION SHEET G-17 ATTACHMENT B
Page 10 of 14
Code Requirements
Code
Section
Estimated
Cost for
Compliance
Remark
24.
Habitable rooms (excluding kitchens, home
offices and media rooms) within a dwelling unit
or congregate residence shall be provided with
natural light by means of
exterior glazed
openings in accordance with Section 1205.2.
1205.1
Exception
25.
Natural light. The minimum net glazed area
shall be not less than 8% of the floor area of
the room served.
Adjoining spaces.
For the purpose of natural
lighting, any room is permitted to be considered
as a portion of an adjoining room where one-
half of the area of the common wall is open and
unobstructed and provides an opening of not
less than one-tenth of the floor area of the
interior room or 25 square feet, whichever is
greater.
1205.2
1205.2.1
26.
Stairways within dwelling units and exterior
stairways serving a dwelling unit shall have an
illumination level on tread runs of not less than
1 foot-candle.
1205.4
27.
The openable area of the openings to the
outdoors shall be not less than 4 percent of the
floor area being ventilated.
1203.5.1
28.
Enclosed attic & enclosed rafter spaces shall
have cross ventilation not be less than 1/150 of
the area of the
ventilated space. A minimum of
1” airspace shall be provided between
insulation and the roof sheathing.
1203.2
29.
Garage and carports.
Ventilations shall be provided as follows:
Natural ventilations shall be required, and such
space shall be
provided with ventilation outlets
406.3.7
INFORMATION SHEET G-17 ATTACHMENT B
Page 11 of 14
Code Requirements
Code
Section
Estimated
Cost for
Compliance
Remark
in the walls or exterior doors. The total net area
of such ventilation outlets shall be 200 square
inches for a space up to 1,000 square feet in
area and shall be increased 30 square inches
for each additional 200 square feet of floor area
up to maximum floor area of 3,000 square feet.
30.
Indicate the location of attic access.
31.
Sleepers and sills on a concrete or masonry
slab that is in direct contact with earth shall be
of naturally durable or preservative-treated
wood.
2304.12.1.4
32.
Wood framing members, including wood
sheathing, that are in contact with exterior
foundation walls and are less than 8 inches
(203 mm) from exposed earth shall be of
naturally durable or preservative-treated wood.
2304.12.1.2
33.
Exiting through the garage area shall meet all
requirements of Administrative Bulletin
AB-020.
AB-020
34.
Fire-resistance rating requirement for exterior
walls based on fire separation distance shall
meet requirements of Table 602.
Table 602
35.
Openings is exterior walls shall comply with
Sections 705.8.1 through 705.8.6.
705.8
36.
Approval of New Openings in New and Existing
Building Property Line Walls shall meet
requirements of Administrative Bulletin AB-
009.
AB-009
INFORMATION SHEET G-17 ATTACHMENT B
Page 12 of 14
Code Requirements
Code
Section
Estimated
Cost for
Compliance
Remark
37.
Bathrooms. Rooms containing bathtubs,
showers, spa and similar bathing fixtures shall
be mechanically ventilated in accordance with
the California Mechanical Code.
1203.5.2.1
38.
Energy Conservation. Qualified historical
buildings or properties covered by this part are
exempted from compliance with energy
conservation standards.
CHBC
Section 8-
901.5
39.
Access Compliance. All publicly funded
buildings used for congregate residences or for
one- or two-family
dwelling unit purposes shall
conform to the provisions applicable to living
accommodations.
1.9.1.1.3
Chapters 11A
& 11B
40.
Carbon monoxide alarms.
When a permit is required for alterations,
repairs or additions with a total cost or
calculated
valuation exceeding $1,000,
existing dwellings or sleeping units with a fossil
fuel-
burning heater or appliance, fireplace or
an attached garage shall have a carbon
monoxide alarm installed in accordance with
Section 420.6.2. Carbon monoxide alarms
shall o
nly be required in the specific dwelling
unit or sleeping unit for which the permit was
obtained.
420.6.2.2
41.
Smoke alarms:
When the valuation of an addition, alteration or
repair to a Group R Occupancy exceeds
$1,000 and a permit is required, or
when one
or more sleeping rooms are added or created
in existing Group R Occupancies, smoke
alarms shall be installed in accordance with
Section 907.
SFBC
Section
3401.8.1
or;
SFEBC
Section 401.5
INFORMATION SHEET G-17 ATTACHMENT B
Page 13 of 14
Code Requirements
Code
Section
Estimated
Cost for
Compliance
Remark
42.
Preliminary review by Plumbing Inspection
Division.
Call 558-6570 as required.
San Francisco
Plumbing
Code
43.
Preliminary review by Electrical Inspection
Division.
Call 558-6570 as required.
San Francisco
Electrical
Code
44.
School Impaction Fee Administration.
The California State Legislature had amended
School Facilities Fees legislation and exempts
any residential addition of less than 500 square
feet.
Information
Sheet No.
G-11
45.
17912. Rules and regulations promulgated
pursuant to the provisions of this part and
building standards
published in the State
Building Standards Code, relating to the
erection or construction of buildings or
structures, shall not apply to existing buildings
or structures
or to buildings or structures as to
which construction is commenced or approved
prior t
o the effective date of the rules,
regulations, or
building standards, except by
act of the Legislature, but rules, regulations,
and building standards relating to use,
maintenance, and change of occupancy shall
apply to all hotels, motels, lodging houses,
apartment houses, and dwellings, or portions
thereof, and buildings and structures
accessory thereto, approved for construction or
constructed before or after the effective date of
such rules, regulations, or building standards.
California
Health and
Safety Code
Section
17912
INFORMATION SHEET G-17 ATTACHMENT B
Page 14 of 14
Code Requirements
Code
Section
Estimated
Cost for
Compliance
Remark
46. Assessor-Recorder’s Office: Legalized units
shall be reported to the Assessor when
completed for applicable property tax
assessment. Under State law, the Assessor is
responsible for establishing a taxable value on
property located in the City & County of San
Francisco. A property that legalizes a unit
under this program may be subject to an
increase in the assessed value depending on
whether the building was originally purchased
with the existing illegal in-law unit and the
extent to which new construction occurs to
bring the unit into compliance. Please contact
the Assessor’s Office with additional questions:
call 311 or visit assessor@sfgov.org.
47. Other.
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Legalization of Dwelling Units Installed Without a Permit

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Completed 24 January 2022

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