2007 California Government Code Chapter 6.8. Very High Fire Hazard Severity Zones

CA Codes (gov:51175-51189)

51175.  The Legislature hereby finds and declares as follows:
   (a) Fires are extremely costly, not only to property owners and
residents, but also to local agencies.  Fires pose a serious threat
to the preservation of the public peace, health, or safety.  Since
fires ignore civil boundaries, it is necessary that cities, counties,
special districts, state agencies, and federal agencies work
together to bring raging fires under control.  Preventive measures
are therefore needed to ensure the preservation of the public peace,
health, or safety.
   (b) The prevention of fires is not a municipal affair, as that
term is used in Section 5 of Article XI of the California
Constitution, but is instead, a matter of statewide concern.  It is
the intent of the Legislature that this chapter apply to all local
agencies, including, but not limited to, charter cities, charter
counties, and charter cities and counties.  This subdivision shall
not limit the authority of a local agency to impose more restrictive
fire and panic safety requirements, as otherwise authorized by law.
   (c) It is not the intent of the Legislature in enacting this
chapter to limit or restrict the authority of a local agency to
impose more restrictive fire and panic safety requirements, as
otherwise authorized by law.



51176.  The purpose of this chapter is to classify lands in the
state in accordance with whether a very high fire hazard is present
so that public officials are able to identify measures that will
retard the rate of spread, and reduce the potential intensity, of
uncontrolled fires that threaten to destroy resources, life, or
property, and to require that those measures be taken.



51177.  As used in this chapter:
   (a) "Director" means the Director of Forestry and Fire Protection.

   (b) "Very high fire hazard severity zone" means an area designated
by the director pursuant to Section 51178 that is not a state
responsibility area.
   (c) "Local agency" means a city, county, city and county, or
district responsible for fire protection within a very high fire
hazard severity zone.
   (d) "Single specimen tree" means any live tree that stands alone
in the landscape so as to be clear of buildings, structures,
combustible vegetation, or other trees, and that does not form a
means of rapidly transmitting fire from the native growth to any
occupied dwelling or structure.
   (e) "State responsibility areas" means those areas identified
pursuant to Section 4102 of the Public Resources Code.



51178.  (a) The director shall identify areas in the state as very
high fire hazard severity zones based on consistent statewide
criteria and based on the severity of fire hazard that is expected to
prevail in those areas.  Very high fire hazard severity zones shall
be based on fuel loading, slope, fire weather, and other relevant
factors.
   (b) On or before January 1, 1995, the director shall identify
areas as very high fire hazard severity zones in the Counties of
Alameda, Contra Costa, Los Angeles, Marin, Napa, Orange, Riverside,
San Bernardino, San Francisco, San Mateo, Santa Barbara, Santa Clara,
Solano, Sonoma, and Ventura.  This information shall be transmitted
to all local agencies with identified very high fire hazard severity
zones within 30 days.
   (c) On or before January 1, 1996, the director shall identify
areas as very high fire hazard severity zones in all other counties.
This information shall be transmitted to all local agencies with
identified high fire hazard severity zones within 30 days.



51178.5.  Within 30 days after receiving a transmittal from the
director that identifies very high fire hazard severity zones, a
local agency shall make the information available for public review.
The information shall be presented in a format that is
understandable and accessible to the general public, including, but
not limited to, maps.



51179.  (a) A local agency shall designate, by ordinance, very high
fire hazard severity zones in its jurisdiction within 120 days of
receiving recommendations from the director pursuant to subdivisions
(b) and (c) of Section 51178.  A local agency shall be exempt from
this requirement if ordinances of the local agency, adopted on or
before December 31, 1992, impose standards that are equivalent to, or
more restrictive than, the standards imposed by this chapter.
   (b) A local agency may, at its discretion, exclude from the
requirements of Section 51182 an area identified as a very high fire
hazard severity zone by the director within the jurisdiction of the
local agency, following a finding supported by substantial evidence
in the record that the requirements of Section 51182 are not
necessary for effective fire protection within the area.
   (c) A local agency may, at its discretion, include areas within
the jurisdiction of the local agency, not identified as very high
fire hazard severity zones by the director, as very high fire hazard
severity zones following a finding supported by substantial evidence
in the record that the requirements of Section 51182 are necessary
for effective fire protection within the area.
   (d) Changes made by a local agency to the recommendations made by
the director shall be final and shall not be rebuttable by the
director.
   (e) The State Fire Marshal shall prepare and adopt a model
ordinance that provides for the establishment of very high fire
hazard severity zones.
   (f) Any ordinance adopted by a local agency pursuant to this
section that substantially conforms to the model ordinance of the
State Fire Marshal shall be presumed to be in compliance with the
requirements of this section.
   (g) A local agency shall post a notice at the office of the county
recorder, county assessor, and county planning agency identifying
the location of the map provided by the director pursuant to Section
51178.  If the agency amends the map, pursuant to subdivision (b) or
(c) of this section, the notice shall instead identify the location
of the amended map.



51180.  For the purposes of Division 3.6 (commencing with Section
810) of Title 1, vegetation removal or management, undertaken in
whole or in part, for fire prevention or suppression purposes shall
not be deemed to alter the natural condition of public property.
This section shall apply only to natural conditions of public
property and shall not limit any liability or immunity that may
otherwise exist pursuant to this chapter.



51181.  The director shall periodically review the areas in the
state identified as very high fire hazard severity zones pursuant to
this chapter, and as necessary, shall make recommendations relative
to very high fire hazard severity zones.  This review shall coincide
with the review of state responsibility area lands every five years
and, when possible, fall within the time frames for each county's
general plan update.  Any revision of areas included in a very high
fire hazard severity zone shall be made in accordance with Sections
51178 and 51179.


51182.  (a) A person who owns, leases, controls, operates, or
maintains any occupied dwelling or occupied structure in, upon, or
adjoining any mountainous area, forest-covered land, brush-covered
land, grass-covered land, or any land that is covered with flammable
material, which area or land is within a very high fire hazard
severity zone designated by the local agency pursuant to Section
51179, shall at all times do all of the following:
   (1) Maintain around and adjacent to the occupied dwelling or
occupied structure a firebreak made by removing and clearing away,
for a distance of not less than 30 feet on each side thereof or to
the property line, whichever is nearer, all flammable vegetation or
other combustible growth. This paragraph does not apply to single
specimens of trees or other vegetation that is well-pruned and
maintained so as to effectively manage fuels and not form a means of
rapidly transmitting fire from other nearby vegetation to any
dwelling or structure.
   (2) Maintain around and adjacent to the occupied dwelling or
occupied structure additional fire protection or firebreaks made by
removing all brush, flammable vegetation, or combustible growth that
is located within 100 feet from the occupied dwelling or occupied
structure or to the property line, or at a greater distance if
required by state law, or local ordinance, rule, or regulation. This
section does not prevent an insurance company that insures an
occupied dwelling or occupied structure from requiring the owner of
the dwelling or structure to maintain a firebreak of more than 100
feet around the dwelling or structure if a hazardous condition
warrants such a firebreak of a greater distance. Grass and other
vegetation located more than 30 feet from the dwelling or structure
and less than 18 inches in height above the ground may be maintained
where necessary to stabilize the soil and prevent erosion. This
paragraph does not apply to single specimens of trees or other
vegetation that is well-pruned and maintained so as to effectively
manage fuels and not form a means of rapidly transmitting fire from
other nearby vegetation to a dwelling or structure.
   (3) Remove that portion of any tree that extends within 10 feet of
the outlet of any chimney or stovepipe.
   (4) Maintain any tree adjacent to or overhanging any building free
of dead or dying wood.
   (5) Maintain the roof of any structure free of leaves, needles, or
other dead vegetative growth.
   (6) Prior to constructing a new dwelling or structure that will be
occupied or rebuilding an occupied dwelling or occupied structure
damaged by a fire in that zone, the construction or rebuilding of
which requires a building permit, the owner shall obtain a
certification from the local building official that the dwelling or
structure, as proposed to be built, complies with all applicable
state and local building standards, including those described in
subdivision (b) of Section 51189, and shall provide a copy of the
certification, upon request, to the insurer providing course of
construction insurance coverage for the building or structure. Upon
completion of the construction or rebuilding, the owner shall obtain
from the local building official, a copy of the final inspection
report that demonstrates that the dwelling or structure was
constructed in compliance with all applicable state and local
building standards, including those described in subdivision (b) of
Section 51189, and shall provide a copy of the report, upon request,
to the property insurance carrier that insures the dwelling or
structure.
   (b) A person is not required under this section to maintain any
clearing on any land if that person does not have the legal right to
maintain the clearing, nor is any person required to enter upon or to
damage property that is owned by any other person without the
consent of the owner of the property.


51183.  (a) The local agency may exempt from the standards set forth
in Section 51182 structures with exteriors constructed entirely of
nonflammable materials, or conditioned upon the contents and
composition of the structure, and may vary the requirements
respecting the removing or clearing away of flammable vegetation or
other combustible growth with respect to the area surrounding the
structures.  In no case shall this subdivision be deemed to authorize
a local agency to vary any requirement that is a building standard
subject to Section 18930 of the Health and Safety Code, except as
otherwise authorized by law.
   (b) No exemption or variance shall apply unless and until the
occupant thereof, or if there be no occupant, then the owner thereof,
files with the local agency a written consent to the inspection of
the interior and contents of the structure to ascertain whether the
provisions of Section 51182 are complied with at all times.



51183.5.  (a) A transferor of real property that is located within a
very high fire hazard severity zone, designated pursuant to this
chapter, shall disclose to any prospective transferee the fact that
the property is located within a very high fire hazard severity zone,
and is subject to the requirements of Section 51182.
   (b) Disclosure is required pursuant to this section only when one
of the following conditions is met:
   (1) The transferor, or the transferor's agent, has actual
knowledge that the property is within a very high fire hazard
severity zone.
   (2) A map that includes the property has been provided to the
local agency pursuant to Section 51178, and a notice is posted at the
offices of the county recorder, county assessor, and county planning
agency that identifies the location of the map and any information
regarding changes to the map received by the local agency.
   (c) In all transactions that are subject to Section 1103 of the
Civil Code, the disclosure required by subdivision (a) of this
section shall be provided by either of the following means:
   (1) The Local Option Real Estate Disclosure Statement as provided
in Section 1102.6a of the Civil Code.
   (2) The Natural Hazard Disclosure Statement as provided in Section
1103.2 of the Civil Code.
   (d) If the map or accompanying information is not of sufficient
accuracy or scale that a reasonable person can determine if the
subject real property is included in a very high fire hazard zone,
the transferor shall mark "Yes" on the Natural Hazard Disclosure
Statement.  The transferor may mark "No" on the Natural Hazard
Disclosure Statement if he or she attaches a report prepared pursuant
to subdivision (c) of Section 1103.4 of the Civil Code that verifies
the property is not in the hazard zone.  Nothing in this subdivision
is intended to limit or abridge any existing duty of the transferor
or the transferor's agents to exercise reasonable care in making a
determination under this subdivision.
   (e) Section 1103.13 of the Civil Code shall apply to this section.

   (f) The specification of items for disclosure in this section does
not limit or abridge any obligation for disclosure created by any
other provision of law or that may exist in order to avoid fraud,
misrepresentation, or deceit in the transfer transaction.



51184.  (a) Section 51182 shall not apply to any land or water area
acquired or managed for one or more of the following purposes or
uses:
   (1) Habitat for endangered or threatened species, or any species
that is a candidate for listing as an endangered or threatened
species by the state or federal government.
   (2) Lands kept in a predominantly natural state as habitat for
wildlife, plant, or animal communities.
   (3) Open space lands that are environmentally sensitive parklands.

   (4) Other lands having scenic values, as declared by the local
agency, or by state or federal law.
   (b) This exemption applies whether the land or water area is held
in fee title or any lesser interest.  This exemption applies to any
public agency, any private entity that has dedicated the land or
water areas to one or more of those purposes or uses, or any
combination of public agencies and private entities making that
dedication.
   (c) This section shall not be construed to prohibit the use of
properly authorized prescribed burning to improve the biological
function of land or to assist in the restoration of desired
vegetation.
   (d) In the event that any lands adjacent to any land or water area
described in subdivision (a) are improved such that they are subject
to Section 51182, the obligation to comply with Section 51182 shall
be with the person owning, leasing, controlling, operating, or
maintaining the occupied dwelling or occupied structure on the
improved lands.  All maintenance activities and other fire prevention
measures required by Section 51182 shall be required only for the
improved lands, not the land and water areas described in subdivision
(a).



51185.  (a) A violation of Section 51182 is an infraction punishable
by a fine of not less than one hundred dollars (0) nor more than
five hundred dollars (0).
   (b) If a person is convicted of a second violation of Section
51182 within five years, that person shall be punished by a fine of
not less than two hundred fifty dollars (0) nor more than five
hundred dollars (0).
   (c) If a person is convicted of a third violation of Section 51182
within five years, that person is guilty of a misdemeanor and shall
be punished by a fine of not less than five hundred dollars (0).



51186.  The local agency having jurisdiction of property upon which
conditions regulated by Section 51182 are being violated shall notify
the owner of the property to correct the conditions.  If the owner
fails to correct the conditions, the local agency may cause the
corrections to be made, and the expenses incurred shall become a lien
on the property that is the subject of the corrections when recorded
in the county recorder's office in the county in which the real
property is located.  The priority of the lien shall be as of the
date of recording.  The lien shall contain the legal description of
the real property, the assessor's parcel number, and the name of the
owner of record as shown on the latest equalized assessment roll.




51187.  Any violation of Section 51182 may be considered a public
nuisance pursuant to Section 38773.



51188.  In the instance of conflict between this chapter and any
provision of state law that allows a regional planning agency to
regulate very high fire hazard severity zones, this chapter shall
prevail.


51189.  (a) The Legislature finds and declares that space and
structure defensibility is essential to effective fire prevention.
This defensibility extends beyond the vegetation management practices
required by this chapter, and includes, but is not limited to,
measures that increase the likelihood of a structure to withstand
intrusion by fire, such as building design and construction
requirements that use fire resistant building materials, and provide
protection of structure projections, including, but not limited to,
porches, decks, balconies and eaves, and structure openings,
including, but not limited to, attic and eave vents and windows.
   (b) No later than January 1, 2005, the State Fire Marshal, in
consultation with the Director of Forestry and Fire Protection and
the Director of Housing and Community Development, shall, pursuant to
Section 18930 of the Health and Safety Code, recommend building
standards that provide for comprehensive space and structure
defensibility to protect structures from fires spreading from
adjacent structures or vegetation and vegetation from fires spreading
from adjacent structures.