SECTIONS 51175-51189 - California Statutes

GOVERNMENT CODE

SECTION 51175-51189

51175. The Legislature hereby finds and declares as follows:
(a) Wildfires are extremely costly, not only to property owners
and residents, but also to local agencies. Wildfires pose a serious
threat to the preservation of the public peace, health, or safety.
The wildfire front is not the only source of risk since embers, or
firebrands, travel far beyond the area impacted by the front and pose
a risk of ignition to a structure or fuel on a site for a longer
time. 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 wildland 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 public 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 public 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) "Defensible space" means the area adjacent to a structure or
dwelling where wildfire prevention or protection practices are
implemented to provide defense from an approaching wildfire or to
minimize the spread of a structure fire to wildlands or surrounding
areas.
(b) "Director" means the Director of Forestry and Fire Protection.
(c) "Fuel" means any combustible material, including
petroleum-based products and wildland fuels.
(d) "Fuel management" means the act or practice of controlling
flammability and reducing resistance to control of fuels through
mechanical, chemical, biological, or manual means or by fire, in
support of land management objectives.
(e) "Local agency" means a city, county, city and county, or
district responsible for fire protection within a very high fire
hazard severity zone.
(f) "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 vegetation to an occupied
dwelling or structure or from an occupied dwelling or structure to
vegetation.
(g) "State responsibility areas" means those areas identified
pursuant to Section 4102 of the Public Resources Code.
(h) "Vegetation" means all plants, including trees, shrubs, grass,
and perennial or annual plants.
(i) "Very high fire hazard severity zone" means an area designated
by the director pursuant to Section 51178 that is not a state
responsibility area.
(j) "Wildfire" means an unplanned, unwanted wildland fire,
including unauthorized human-caused fires, escaped wildland fire use
events, escaped prescribed fire projects, and all other wildland
fires where the objective is to extinguish the fire.

51178. 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
including areas where Santa Ana, Mono, and Diablo winds have been
identified by the Department of Forestry and Fire Protection as a
major cause of wildfire spread.

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 an occupied dwelling or occupied structure in, upon, or
adjoining a mountainous area, forest-covered land, brush-covered
land, grass-covered land, or 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 defensible space of 100 feet from each side and from
the front and rear of the structure, but not beyond the property line
except as provided in paragraph (2). The amount of fuel modification
necessary shall take into account the flammability of the structure
as affected by building material, building standards, location, and
type of vegetation. Fuels shall be maintained in a condition so that
a wildfire burning under average weather conditions would be unlikely
to ignite the structure. This paragraph does not apply to single
specimens of trees or other vegetation that are 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 structure
or from a structure to other nearby vegetation. The intensity of
fuels management may vary within the 100-foot perimeter of the
structure, the most intense being within the first 30 feet around the
structure. Consistent with fuels management objectives, steps should
be taken to minimize erosion.
(2) A greater distance than that required under paragraph (1) may
be required by state law, local ordinance, rule, or regulation.
Clearance beyond the property line may only be required if the state
law, local ordinance, rule, or regulation includes findings that the
clearing is necessary to significantly reduce the risk of
transmission of flame or heat sufficient to ignite the structure, and
there is no other feasible mitigation measure possible to reduce the
risk of ignition or spread of wildfire to the structure. Clearance
on adjacent property shall only be conducted following written
consent by the adjacent landowner.
(3) An insurance company that insures an occupied dwelling or
occupied structure may require a greater distance than that required
under paragraph (1) if a fire expert, designated by the fire chief or
fire official from the authority having jurisdiction, provides
findings that the clearing is necessary to significantly reduce the
risk of transmission of flame or heat sufficient to ignite the
structure, and there is no other feasible mitigation measure possible
to reduce the risk of ignition or spread of wildfire to the
structure. The greater distance may not be beyond the property line
unless allowed by state law, local ordinance, rule, or regulation.
(4) Remove that portion of a tree that extends within 10 feet of
the outlet of a chimney or stovepipe.
(5) Maintain a tree, shrub, or other plant adjacent to or
overhanging a building free of dead or dying wood.
(6) Maintain the roof of a structure free of leaves, needles, or
other vegetative materials.
(7) 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 manage fuels on
land if that person does not have the legal right to manage fuels,
nor is a person required to enter upon or to alter property that is
owned by any other person without the consent of the owner of the
property.
(c) The Department of Forestry and Fire Protection shall develop,
periodically update, and post on its Internet Web site a guidance
document on fuels management pursuant to this chapter. Guidance shall
include, but not be limited to, regionally appropriate vegetation
management suggestions that preserve and restore native species,
minimize erosion, minimize water consumption, and permit trees near
homes for shade, aesthetics, and habitat; and suggestions to minimize
or eliminate the risk of flammability of nonvegetative sources of
combustion such as woodpiles, propane tanks, decks, and outdoor lawn
furniture.

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 management of fuels surrounding the structures in
those cases. This subdivision does not authorize a local agency to
vary a requirement that is a building standard subject to Section
18930 of the Health and Safety Code, except as otherwise authorized
by law.
(b) An exemption or variance under subdivision (a) shall not apply
unless and until the occupant of the structure, or if there is no
occupant, then the owner of the structure, files with the local
agency a written consent to the inspection of the interior and
contents of the structure to ascertain whether Section 51182 is
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 ($100) nor more than
five hundred dollars ($500).
(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 ($250) nor more than five
hundred dollars ($500).
(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 ($500).

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 site and
structure defensibility is essential to reduce the risk of structure
ignition as well as for effective fire suppression by firefighters.
This need to establish defensibility extends beyond the site fuel
management practices required by this chapter, and includes, but is
not limited to, measures that increase the likelihood of a structure
to withstand ignition, such as building design and construction
requirements that use fire resistant building materials, and provide
standards for reducing fire risks on structure projections,
including, but not limited to, porches, decks, balconies and eaves,
and structure openings, including, but not limited to, attic,
foundation, and eave vents, doors, 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 site and structure fire risk
reduction to protect structures from fires spreading from adjacent
structures or vegetation and to protect vegetation from fires
spreading from adjacent structures.