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Commissioners press fire department on shared‑space rules, inspections and enforcement

San Francisco Fire Commission · March 10, 2021
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Dan Dicosio and the fire marshal raised four core questions about making temporary shared spaces permanent: which building standards apply, whether inspection authority can be delegated, why the fire department was not listed among core agencies, and how year‑long ISSCOT permits affect permanence; the department reported 1,000+ inspected spaces and 300+ complaints with 100–130 urgent violations.

Dan Dicosio (identified in the record as a Marshall/inspector working on shared spaces) presented the department's review of the shared‑space (parklet) program and said it is intended to transition from temporary to permanent, but several issues remain unresolved. He listed four principal questions for the commission: (1) which state and local building and non‑building standards will apply; (2) whether inspection authority will be delegated to a single agency and, if so, who enforces fire code; (3) why the Fire Department was not listed as a core agency in draft legislation despite responsibility for fire‑code enforcement; and (4) how using ISSCOT (which typically reviews short‑term street closures) for year‑long permits affects whether the program is temporary or permanent.

"Our concern from the fire department's perspective is, who's gonna enforce fire code?" Dicosio said, arguing the chief of department is responsible for enforcing fire code in the City and County of San Francisco and expressing skepticism about delegating that role.

Commissioners echoed requests for clarity on jurisdiction, standards, and compensation for department time spent overseeing shared spaces. Chief D'Ocasio (fire complaints/inspections staff) confirmed the department has proactively inspected more than 1,000 shared spaces, logged roughly 300 complaints/violations and identified about 100–130 cases that require urgent response; common hazards include improper LPG use and blocked ground‑ladder access. He also confirmed the department had waived certain referral inspection fees for shared spaces at the direction of higher authorities.

Commissioners asked how to report illegal or unsafe shared spaces (311 is the primary channel) and discussed equity concerns about which restaurants and businesses can benefit from permanent street‑space conversions. The commission did not adopt policy at the meeting but moved the amended statement of purpose to a small committee for follow‑up and requested further clarification from the chief and city departments before permanent legislation is adopted.