SECTIONS 4251-4290 - California Statutes

PUBLIC RESOURCES CODE

SECTION 4251-4290

4251. As used in this chapter:
"Hazardous fire area" means any area which is designated as a
hazardous fire area by the board or the director pursuant to Section
4252 or 4253.

4252. Upon the written petition of the owners or authorized agents
of more than 50 percent of the land, including public land, within
the exterior boundaries of any area of not less than 10,000 acres in
size, upon which a fire hazard exists due to the presence of
flammable material or cover, the board may designate such area as a
hazardous fire area, and shall declare the period of time during
which the area shall be so designated.

4253. Whenever the director determines that a fire hazard exists in
any other area due to the presence of flammable material or cover,
he may by regulation designate such area to be a hazardous fire area.
The regulation shall declare the period of time during which the
area shall be so designated.

4254. Notice of the designation of each hazardous fire area
designated pursuant to Section 4252 shall be given by the posting of
notices at intervals of not greater than one mile along the exterior
boundaries of the area or along roads and trails passing through the
area.

4255. (a) Except as provided in this section, a person shall not
smoke or build a campfire or other open fire within a hazardous fire
area.
(b) The board may designate by regulation campgrounds or campsites
within hazardous fire areas where smoking and the building of
campfires are allowed. However, no campground or campsite shall be
designated without the consent of the owner, or his authorized agent,
of the land upon which it is located.

4256. Whenever it is necessary in the interest of public peace or
safety, the director, with the consent of the owner of any lands
designated as a hazardous fire area, may declare such lands closed to
entry by any person. Any public highway traversing such a hazardous
fire area, shall, however, be excluded from the order of closure, and
the closure to entry does not prohibit or curtail the entry or use
of the lands by the owner of the lands or his agent, nor the entry by
any federal, state or county officer upon the closed area in the
performance of his official duties. All state and county law
enforcement officers shall enforce the order of closure.

4257. Any order which is issued pursuant to Section 4256 shall be
published twice in at least one newspaper of general circulation in
any county that is affected by the order. The publication shall be
separated by a period of not less than one week and not more than two
weeks. The order shall also be posted in such public places in each
county as the director may direct, and along roads and trails which
pass through the areas declared to be closed to camping or entry.

4258. Whenever the director determines that a fire hazard exists in
any area within a state responsibility area due to the presence of
flammable material or cover, the director, by regulation, may
designate that area as a hazardous fire area for the purpose of
prohibiting the use or possession of fireworks therein. The hazardous
fire area shall include only those areas that are critical and
hazardous due to the threat of wildfire to life, property, and
natural resources posed by the fireworks. The hazardous fire area
shall not include areas that are the responsibility of a county which
is contracting for fire protection to the director.
The regulation may designate areas where specified types of
fireworks, not otherwise prohibited, are allowed for industrial,
commercial, or agricultural use, for ceremonies, or for emergency
signaling.

4259. (a) The use or possession of fireworks is prohibited within
any hazardous fire area designated pursuant to Section 4252 or 4258.
However, the use of fireworks within any hazardous fire area may be
allowed, if the use is determined by the director not to present a
fire hazard.
(b) Notwithstanding subdivision (a), fireworks may be possessed in
a vehicle on any public highway traversing a hazardous fire area
when not otherwise prohibited.

4260. No regulation adopted pursuant to this article shall prohibit
or curtail the complete possession and use of any area by the owner
of the area or the owner's agent, except that the use or possession
of fireworks shall not be allowed in a hazardous fire area designated
pursuant to Section 4258, other than as designated for their use or
possession pursuant to that section.

4290. (a) The board shall adopt regulations implementing minimum
fire safety standards related to defensible space which are
applicable to state responsibility area lands under the authority of
the department. These regulations apply to the perimeters and access
to all residential, commercial, and industrial building construction
within state responsibility areas approved after January 1, 1991. The
board may not adopt building standards, as defined in Section 18909
of the Health and Safety Code, under the authority of this section.
As an integral part of fire safety standards, the State Fire Marshal
has the authority to adopt regulations for roof coverings and
openings into the attic areas of buildings specified in Section
13108.5 of the Health and Safety Code. The regulations apply to the
placement of mobile homes as defined by National Fire Protection
Association standards. These regulations do not apply where an
application for a building permit was filed prior to January 1, 1991,
or to parcel or tentative maps or other developments approved prior
to January 1, 1991, if the final map for the tentative map is
approved within the time prescribed by the local ordinance. The
regulations shall include all of the following:
(1) Road standards for fire equipment access.
(2) Standards for signs identifying streets, roads, and buildings.
(3) Minimum private water supply reserves for emergency fire use.
(4) Fuel breaks and greenbelts.
(b) These regulations do not supersede local regulations which
equal or exceed minimum regulations adopted by the state.