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AB-009 Local Equivalency for Approval of New Openings in New and Existing Building Property Line Walls
 
NO. AB-009   :
 
DATE   :
September 18, 2002 (Updated 1/1/2020 for code references)
SUBJECT   :
Fire and Life Safety
TITLE   :
Local Equivalency for Approval of New Openings in New and Existing Building Property Line Walls
PURPOSE   :
The purpose of this Administrative Bulletin is to provide standards and procedures for the application and case-by-case review of requests for a modification based on local equivalency to allow openings in exterior walls closer to property lines than are permitted by the 2019 San Francisco Building Code (SFBC).
This bulletin permits the continuing application of code provisions of former editions of the SFBC regarding property line openings. In conformance with current State law, requests for approval of openings closer to the property line than permitted under the SFBC will be considered on a case-by-case basis when reasonable equivalency is proposed.
REFERENCES   :
2019 San Francisco Building Code
- Section 104A .2.7, Modification
- Section 104A .2.8, Alternate materials, alternate design and methods of construction
- Section .8, Openings
DBI Administrative Bulletin AB-005, Procedures for Approval of Local Equivalencies.
San Francisco Article 5, Section , Lot Line Window
DISCUSSION   :
Project sponsors may request the application of this local equivalency allowing openings in building walls closer to property lines than allowed by SFBC Section .8 when it can be demonstrated on a case-by-case basis that there are practical difficulties in meeting the provisions of the code, that the modification is in conformance with the intent and purpose of the code, and that reasonable equivalency is provided in fire protection and structural integrity.
 
Such proposed modification may conform with the below listed standard provisions. The Department of Building Inspection (DBI) and other City departments may impose additional requirements in the approval of any request for a code modification or alternate based upon individual building and property conditions. Other City agencies that may review such requests include the San Francisco Fire Department, the Planning Department and, for buildings adjoining City-owned property, the Department of Real Estate.
If a project sponsor wishes to propose methods of opening protection different than those listed below, proposals for the use of alternate materials, designs, or methods of construction may be submitted for review in the same manner as for this local equivalency. The Department of Building Inspection may require that additional substantiation be provided supporting any claims made for such proposals.
Procedure for Application of Local Equivalencies
Project sponsors wishing to apply local equivalencies must fill out and submit the Request for Approval of Local Equivalency form (Attachment A). Fees to be paid and scheduling of review of requests are as noted on that form. Following DBI review, each request will either be approved, approved with conditions, disapproved, or placed on Hold pending submittal of additional information.
Further details of procedures for the review of local equivalencies may be found in AB-005, Procedures for Approval of Local Equivalencies.
Conditions of Local Equivalencies
Openings in new building walls and new openings in existing building walls in Groups B, M, and R occupancies that are closer to property lines than permitted under SFBC Section .8 and Table .8 may be permitted on a case-by-case basis when the following provisions or approved equivalent provisions are met and the project sponsor provides documentation of the practical difficulties involved in carrying out the provisions of the regular code.
The standard provisions for this Local Equivalency include all of the following:
1.   The openings may not be used to provide required light and ventilation, required egress, or for required emergency rescue.
2.   The openings shall be fixed (non-operable) unless more than 50 feet above the roof of any adjoining building or more than the distance prescribed for protected openings in Table 705.8 in any direction from an adjoining building.
3.   The openings shall be located entirely above any adjoining roof or at least six feet laterally beyond any wall of an adjoining building.
4.   The openings shall be protected with fire assemblies, such as fire shutters or rated window assemblies, having a rating of at least 3/4 hour. Openings in walls which have a fire-protection rating of greater than 1-hour shall be protected by a fire assembly having a three-hour fire-protection rating in four-hour fire-resistive walls, a two-house fire-protection rating in three-hour fire-resistive walls, and one-and one-half hour fire-protection rating in two-hour fire- resistive walls. Fire shutters, if provided, shall be actuated by smoke detectors located inside and by fusible links or other approved devices on the outside of the protected openings.
5.   The opening shall be protected by a fire sprinkler system having ordinary temperature, quick-response type heads installed within 18" of the openings and spaced at 6 feet on center or at the manufacturer’s recommended minimum spacing, whichever provides the closer spacing.
   Exception: Openings in Group R Division 3 occupancies.
6.   If the adjoining building contains R occupancy uses, proposed openings shall not be located closer than six feet measured in any direction to any existing opening on the adjoining building unless the adjoining owner gives written consent. A copy of the statement giving such consent shall be attached to the permit application.
7.   The owner of a building with such openings shall provide a recorded statement that these openings will be closed or protected with approved fire resistive wall construction in the event that the adjoining property is improved in such a manner that the openings no longer comply with the provisions of this Administrative Bulletin. A copy of a Declaration of Use Limitation (Attachment B) shall be submitted to the plan reviewer prior to completion of Department of Building inspection plan review.
8.   Property line openings which open onto property owned by the City and County of San Francisco shall meet the requirements of San Francisco , Article VI, Sections through (Attachment C). An approved and executed a “Lot Line Window Agreement” shall be submitted as part of the documents required under Item 9 (below).
9.   A permit application and related submittal documents shall detail all construction which is approved as a result of this request for local equivalency.
Originally signed by:
Frank Y. Chiu, Director
October 3, 2002
Gary Massetani, Fire Marshal
October 9, 2002
Approved by the Building Inspection Commission on September 18, 2002
Attachment A: Request for Approval of Local Equivalency (Rev. April 2021)
Attachment B:  Assessor/Recorder’s Office Document - “Declaration of Use Limitation” (Rev. April 2021)
Attachment C:  SF Administrative Code