SECTIONS 4371-4376 - California Statutes

PUBLIC RESOURCES CODE

SECTION 4371-4376

4371. The definitions in this section govern the construction of
this chapter.
(a) "Fire protection agency" means the Department of Forestry and
Fire Protection on all lands designated as state responsibility areas
pursuant to Section 4125, and it means the applicable fire
protection district, service district, county fire department, or
federal agency on all other lands.
(b) "Solid waste" means solid waste as defined in Section 40191.
(c) "Solid waste facility" means a solid waste facility as defined
in Section 40194.
(d) "Flammable material" does not include any structure or
building maintained as an integral part of any solid waste facility.

4372. A person shall maintain any solid waste facility outside of
the exterior boundaries of any city in strict accordance with the
terms and conditions prescribed by Sections 4373 and 4374.

4373. Any solid waste facility, for which a permit is required
pursuant to Section 66796.30 of the Government Code, shall be
maintained with a clearance of flammable material for a minimum
distance of 45.7 meters (150 feet) from the periphery of any exposed
flammable solid waste.
(a) Any structure, building, or part of any structure or building
located within 45.7 meters (150 feet) of the periphery of any exposed
flammable solid waste shall also be maintained with a clearance of
flammable material for a minimum of 45.7 meters (150 feet) from the
periphery of the structure or building.
(b) Sound and living trees may be left standing within the areas
required to be cleared of flammable material, provided the following
requirements are met:
(1) Wildfire cannot travel into the canopy of any tree left
standing.
(2) Any tree left standing does not pose a fire safety threat or
prevent fire equipment access to and near the exposed flammable solid
waste.
(3) All dead limbs, and all limbs within 3 meters (10 feet) of the
ground are removed from any tree left standing.
(c) Selected and isolated shrubs may remain within the areas
required to be cleared of flammable material if all dead material is
removed and each shrub is trimmed up so that fire cannot travel
through the shrub canopy or pose a fire safety threat.

4374. Any solid waste facility, for which a permit is not required
pursuant to Section 66796.31 of the Government Code, shall be
maintained with a clearance of flammable material for a minimum
distance of 9.45 meters (30 feet) from the periphery of any exposed
flammable solid waste.
(a) Any structure, building, or part of a structure or building
which is located within 9.45 meters (30 feet) of the periphery of any
exposed flammable solid waste shall also be maintained with a
clearance of flammable material for a minimum distance of 9.45 meters
(30 feet) from the periphery of the structure or building.
(b) The fire protection agency may, in writing, require additional
minimum flammable clearance provisions not to exceed any of the
minimum clearance provisions of Section 4373. A reasonable time for
compliance with the additional clearance provisions shall be
specified in the written notice.

4376. A person who maintains a solid waste facility in violation of
this chapter is guilty of a misdemeanor, and shall be punished for a
first conviction by a fine not to exceed five hundred dollars
($500), and, for a second or subsequent conviction within five years
of a prior conviction of a violation of this chapter, by a fine not
less than five hundred dollars ($500) or more than two thousand
dollars ($2,000) or imprisonment in the county jail for a period not
to exceed 30 days, or both that fine and imprisonment. Each and every
day of violation is a separate and distinct offense.