SECTIONS 4291-4299 - California Statutes

PUBLIC RESOURCES CODE

SECTION 4291-4299

4291. (a) A person who owns, leases, controls, operates, or
maintains a building or structure in, upon, or adjoining a
mountainous area, forest-covered lands, brush-covered lands,
grass-covered lands, or land that is covered with flammable material,
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. For the purposes of this paragraph,
"fuel" means any combustible material, including petroleum-based
products and wildland fuels.
(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 director,
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 building or structure or
rebuilding a building or structure damaged by a fire in an area
subject to this section, 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 of the Government Code, 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 of the Government Code, 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) (1) Except as provided in Section 18930 of the Health and
Safety Code, the director may adopt regulations exempting a structure
with an exterior constructed entirely of nonflammable materials, or,
conditioned upon the contents and composition of the structure, the
director may vary the requirements respecting the removing or
clearing away of flammable vegetation or other combustible growth
with respect to the area surrounding those structures.
(2) An exemption or variance under paragraph (1) shall not apply
unless and until the occupant of the structure, or if there is not an
occupant, the owner of the structure, files with the department, in
a form as the director shall prescribe, a written consent to the
inspection of the interior and contents of the structure to ascertain
whether this section and the regulations adopted under this section
are complied with at all times.
(d) The director may authorize the removal of vegetation that is
not consistent with the standards of this section. The director may
prescribe a procedure for the removal of that vegetation and make the
expense a lien upon the building, structure, or grounds, in the same
manner that is applicable to a legislative body under Section 51186
of the Government Code.
(e) 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.
(f) As used in this section, "person" means a private individual,
organization, partnership, limited liability company, or corporation.

4291.1. (a) Notwithstanding Section 4021, a violation of Section
4291 is an infraction punishable by a fine of not less than one
hundred dollars ($100), nor more than five hundred dollars ($500). If
a person is convicted of a second violation of Section 4291 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). If a person is convicted of a third violation of Section 4291
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).
If a person is convicted of a third violation of Section 4291 within
five years, the department may perform or contract for the
performance of work necessary to comply with Section 4291 and may
bill the person convicted for the costs incurred, in which case the
person convicted, upon payment of those costs, shall not be required
to pay the fine. If a person convicted of a violation of Section 4291
is granted probation, the court shall impose as a term or condition
of probation, in addition to any other term or condition of
probation, that the person pay at least the minimum fine prescribed
in this section.
(b) If a person convicted of a violation of Section 4291 produces
in court verification prior to imposition of a fine by the court,
that the condition resulting in the citation no longer exists, the
court may reduce the fine imposed for the violation of Section 4291
to fifty dollars ($50).

4291.3. Subject to any other applicable provision of law, a state
or local fire official, at his or her discretion, may authorize an
owner of property, or his or her agent, to construct a firebreak, or
implement appropriate vegetation management techniques, to ensure
that defensible space is adequate for the protection of a hospital,
adult residential care facility, school, aboveground storage tank,
hazardous materials facility, or similar facility on the property.
The firebreak may be for a radius of up to 300 feet from the
facility, or to the property line, whichever distance is shorter.

4292. Except as otherwise provided in Section 4296, any person that
owns, controls, operates, or maintains any electrical transmission
or distribution line upon any mountainous land, or forest-covered
land, brush-covered land, or grass-covered land shall, during such
times and in such areas as are determined to be necessary by the
director or the agency which has primary responsibility for fire
protection of such areas, maintain around and adjacent to any pole or
tower which supports a switch, fuse, transformer, lightning
arrester, line junction, or dead end or corner pole, a firebreak
which consists of a clearing of not less than 10 feet in each
direction from the outer circumference of such pole or tower. This
section does not, however, apply to any line which is used
exclusively as telephone, telegraph, telephone or telegraph messenger
call, fire or alarm line, or other line which is classed as a
communication circuit by the Public Utilities Commission. The
director or the agency which has primary fire protection
responsibility for the protection of such areas may permit exceptions
from the requirements of this section which are based upon the
specific circumstances involved.

4293. Except as otherwise provided in Sections 4294 to 4296,
inclusive, any person that owns, controls, operates, or maintains any
electrical transmission or distribution line upon any mountainous
land, or in forest-covered land, brush-covered land, or grass-covered
land shall, during such times and in such areas as are determined to
be necessary by the director or the agency which has primary
responsibility for the fire protection of such areas, maintain a
clearance of the respective distances which are specified in this
section in all directions between all vegetation and all conductors
which are carrying electric current:
(a) For any line which is operating at 2,400 or more volts, but
less than 72,000 volts, four feet.
(b) For any line which is operating at 72,000 or more volts, but
less than 110,000 volts, six feet.
(c) For any line which is operating at 110,000 or more volts, 10
feet.
In every case, such distance shall be sufficiently great to
furnish the required clearance at any position of the wire, or
conductor when the adjacent air temperature is 120 degrees
Fahrenheit, or less. Dead trees, old decadent or rotten trees, trees
weakened by decay or disease and trees or portions thereof that are
leaning toward the line which may contact the line from the side or
may fall on the line shall be felled, cut, or trimmed so as to remove
such hazard. The director or the agency which has primary
responsibility for the fire protection of such areas may permit
exceptions from the requirements of this section which are based upon
the specific circumstances involved.

4294. A clearing to obtain line clearance is not required if
self-supporting aerial cable is used. Forked trees, leaning trees,
and any other growth which may fall across the line and break it
shall, however, be removed.

4295. A person is not required by Section 4292 or 4293 to maintain
any clearing on any land if such person does not have the legal right
to maintain such clearing, nor do such sections require any person
to enter upon or to damage property which is owned by any other
person without the consent of the owner of the property.

4296. Sections 4292 and 4293 do not apply if the transmission or
distribution line voltage is 750 volts or less.

4296.5. (a) Any person or corporation operating a railroad on
forest, brush, or grass-covered land shall, if ordered by the
director or the agency having primary responsibility for fire
protection of the area, destroy, remove, or modify so as not to be
flammable any vegetation or other flammable material defined by
regulation of the director to be a fire hazard on the railroad
right-of-way. The director shall adopt regulations establishing fire
prevention hazard reduction standards for broad geographic areas by
fuel type, slope, and potential for ignition from hot or flaming
exhaust, carbon particles, hot metal, burning signal devices, burning
tobacco, and other similar potential sources of ignition.
(b) The order to destroy, remove, or modify vegetation or other
flammable material shall specify the location of the hazard to be
destroyed, removed, or modified within the right-of-way, the width of
the hazard which shall not exceed the width of the right-of-way, and
the time within which compliance with the order is required.
(c) The director or the agency having primary responsibility for
fire protection of the area shall allow a reasonable period of time
for compliance with an order to destroy, remove, or modify vegetation
or other flammable material.

4297. Upon the showing of the director that the unrestricted use of
any grass-covered land, grain-covered land, brush-covered land, or
forest-covered land is, in the judgment of the director, a menace to
life or property due to conditions tending to cause or allow the
rapid spread of fires which may occur on such lands or because of the
inaccessible character of such lands, the Governor through the
director, may, by a proclamation, which declares such condition and
designates the area to which, and the period during which the
proclamation shall apply, require that such area be closed to hunting
and fishing and to entry by any person except a person that is
within one of the following classes:
(a) Owners and lessees of land in the area.
(b) Bona fide residents in the area.
(c) Persons engaged in some bona fide business, trade, occupation,
or calling in the area and persons employed by them in connection
with such business, trade, occupation, or calling.
(d) Authorized agents or employees of a public utility entering
such area for the purpose of operating or maintaining public utility
works or equipment within the area.
(e) Members of any organized firefighting force.
(f) Any federal, state or local officer in the performance of his
duties.
(g) Persons traveling on public roads or highways through the
area.

4298. The proclamation by the Governor shall be released to the
wire news services in the state, and shall be published at least once
in a newspaper of general circulation in each county which contains
any lands covered by the proclamation. Notice of closure shall also
be posted on trails or roads entering the area covered by the
proclamation. The closure shall be effective upon issuance of the
proclamation by the Governor. Each notice shall clearly set forth the
area to be subject to closure and the effective date of such
closure. The closure shall remain in full force and effect until the
Governor shall by order terminate it. The notice of such termination
shall follow the same procedure by which such closure was effected.
The order of termination shall be effected upon issuance.

4299. A person who violates Section 4297 or 4298 is guilty of a
misdemeanor and shall be punished by a fine of not less than one
hundred dollars ($100) nor more than two thousand dollars ($2,000) or
by imprisonment in the county jail for not less than 10 days nor
more than 90 days or both the fine and imprisonment. All state and
county law enforcement officers shall enforce orders of closure.