HomeMy WebLinkAbout04 - CAL Fire Very High Fire Hazard Severity Zone Mapo4�EWPOR CITY OF
NEWPORT BEFACH
City CouncH Staff Report
Agenda Item No. 4
January 24, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Fire Department
Ralph Restadius, Acting Fire Chief
949- 644 -3040, Restadius cDnbfd.net
PREPARED BY: Steve Michael and Ron Gamble, NBFD
APPROVED:
TITLE: Ordinance 2012 -1 : Adoption of CAL Fire Very High Fire Hazard
Severity Zone Map
ABSTRACT:
This item would adopt the Very High Fire Hazard Severity Zone map of local
responsibility area for the City of Newport Beach.
RECOMMENDATION:
1. Introduce Ordinance No. 201
Severity Zone (VHFHSZ) Map in
and amend NBMC Title 9 Secti
Requirements for Wildland -Urban
February 14, 2012.
FUNDING REQUIREMENTS:
2 - 1 by title only to adopt the Very High Fire Hazard
the Local Responsibility Area (LRA) of Newport Beach
on 9.04.120, 2010 California Fire Code, Chapter 49;
Interface Fire Areas, and pass to a second reading on
Not including staff time, there are no direct costs to the city associated with the adoption
of this ordinance; however, there will be additional costs associated with identifying
properties requiring defensible space maintenance and to the homeowners with any
new or reconstruction within the designated VHFHSZ requiring ignition resistant building
standards.
BACKGROUND:
Over the years, it has become clear that the two most common ways that buildings are
lost during wildland fires are from direct heat and flames, or from burning embers that
can blow up to a mile ahead of the fire. This knowledge has led to a two- pronged
approach in addressing the problem: Heat and flames must be kept away from
buildings AND the ability of embers to ignite buildings must be eliminated.
Ordinance 2012- 1 : Adoption of CAL Fire Very High Fire Hazard Severity Zone Map
January 24, 2012
Page 2
By providing a defensible space through vegetation modification to enable firefighters to
safely protect homes and building structures with ignition- resistant construction in a way
that diminishes direct flame contact and ember intrusion, the main causes of home loss
during wildland -urban interface fires can be reduced or eliminated.
Senate Bill 1595 (Kehoe, 2008), became law on January 1, 2009. The Kehoe bill's
intent was to address, on a statewide basis, the almost annual loss of a great many
residential structures due to wildland fires. The charging paragraph of the legislation
states that "The prevention of wildland fires is not a municipal affair". To that end, the
state legislature recognized that leaving the prevention of these losses up to the
individual cities and counties had failed to produce satisfactory results. In addition to
the loss of dwellings and other property, there is a very high cost incurred by the
California taxpayer in fighting these fires.
Enactment of the provisions of this new law awaited the finalization of the Local Area
Responsibility (LRA) maps for VHFHSZs from the California Department of Forestry and
Fire Protection (CAL FIRE). On October 27, 2011, the City of Newport Beach received
the maps, and in accordance with Government Code Section 51178.5, the information
was made available to the general public for review on November 19, 2011.
More about the law. California law requires the Director of the California Department of
Forestry and Fire Protection (CAL FIRE) to identify areas based on the severity of fire
hazard that is expected to prevail in these zones. These areas, or "Zones ", are based
on consistent statewide criteria utilizing the latest fire science modeling techniques in
conjunction with the latest aerial views, local field review and validation. The model
evaluates lands using characteristics that affect the probability of the area burning and
the potential fire behavior characteristics that are associated with ignition of buildings.
Many factors were considered such as existing and potential fuel, blowing embers,
terrain, fire history, urbanization, fire weather and areas prone to high winds (like the
Santa Ana winds we consistently experience). There are three designated zones based
on increasing fire hazard risk: Medium, High, and Very High. NBFD staff has reviewed
the map and believe it accurately represents the Very High Fire Hazard Severity Zones
within the city.
Since the early 80's the Newport Beach Fire Department has made several
unsuccessful attempts to strengthen the regulations for vegetation clearance within our
Special Fire Protection Areas. Like many other communities, in some cases the
resistance has come from some of the very residents the regulations were intended to
protect. The adoption of these maps and the regulations promulgated by the state
legislation will bring vegetation clearance in our wildland adjacent communities to the
level necessary to prevent the spread of fire from the canyons and into the
neighborhoods.
Ordinance 2012- 1 : Adoption of CAL Fire Very High Fire Hazard Severity Zone Map
January 24, 2012
Page 3
What is the City obligated to do? Government Code Section 51179 Subdivision (a)
requires the City of Newport Beach to designate, by ordinance Very High Fire Hazard
Severity Zones in its jurisdiction within 120 days after receiving the maps from the
Director of Forestry and Fire Protection.
Can the City choose not to adopt the maps? Yes, but this is not advised — and
requires significant findings should the maps not be adopted. The City 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 of Forestry and Fire Protection within
the jurisdiction of Newport Beach, 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. Today, we believe that none of the areas
within the designated zone should be excluded based upon the factors used by
the Department of Forestry and Fire Protection that led to their inclusion.
What will adoption of the Zone require of landowners in the area? The key
provisions of the law require landowners with property in the VHFHSZ to comply with
these additional fire safety regulations:
a Clear flammable vegetation within 30 feet of buildings and modify vegetation with
100 feet around buildings to create a defensible space for firefighters to safely
protect their homes.
O Building and reconstruction within the VHFHSZ will require fire resistive
construction design and materials as found in the California Building Code
Chapter 7A, "Fire Resistive Construction ".
Real estate transactions will require disclosure that the property is located in a
VHFHSZ.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find the ordinance is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Public Resources Code section
21080(b)(1) and CEQA Guidelines section 15268(a) because the City's adoption of the
ordinance is mandated by Government Code section 51179(a). The City's adoption of
the ordinance is therefore ministerial.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Ordinance 2012- 1 : Adoption of CAL Fire Very High Fire Hazard
Attachments
Severity Zone Map
January 24, 2012
Page 4
A. Ordinance No. 1 Adopting the Cal Fire VHFHSZ map and
Amending Chapter 49 of the 2010 California Fire Code
B. CAL Fire VHFHSZ Map
C. Government Code 51175 -89
D. CAL Fire Hazard Severity Zone (Question & Fact Sheet)
E. 9.04.120 Amendments to Chapter 49 Requirements for
Wildland -Urban Interface Fire Areas
ORDINANCE NO
Page 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH,
AMENDING SECTION 9.04.120 OF THE NEWPORT BEACH MUNICIPAL CODE TO
ADOPT THE VERY HIGH FIRE HAZARD SEVERITY ZONE MAP AND AMEND
SECTIONS IN CHAPTER 49 AFFECTED BY THIS MAP WITHIN THE CITY OF
NEWPORT BEACH.
The City Council of the City of Newport Beach finds as follows:
WHEREAS, the legislature has declared in Government Code Section 51175, Subdivision
(a): (1) that fires are extremely costly, not only to property owners and residents, but also to
local agencies; (2) that fires pose a serious threat to the preservation of the public peace, health,
and safety; (3) that it is necessary that cities, counties, special districts, state agencies, and
federal agencies work together to bring raging fires under control; and (4) that preventative
measures are needed to ensure the preservation of the public peace, health, or safety; and
WHEREAS, the Legislature has declared in Government Code Section 51175, Subdivision
(b), that the prevention of fires is not a municipal affair, but is, instead, a matter of statewide
concern; and
WHEREAS, on October 27, 2011, pursuant to Government Code Section 51178, the
Director of Forestry and Fire Protection has identified areas within the City of Newport Beach as
Very High Fire Hazard Severity Zones (VHFHSZ); and
WHEREAS, pursuant to Government Code Section 51181, the Director of forestry and fire
Protection shall periodically review the areas in the state identified as VHFHSZ; and as necessary
make recommendations; and this review has been completed; and
WHEREAS, the creation of this map relied upon the use of current scientific methods
which assessed, vegetation, slope, fire history, weather patterns and significantly improved
accuracy by establishing the impact of flames, heat, and flying embers; and
WHEREAS, pursuant to Government code Section 51179 the Director of Forestry and Fire
Protection has published a new map depicting areas designated as a VHFHSZ; and Government
Code Section 51179 Subdivision (a) requires the City of Newport Beach to designate by
ordinance VHFHSZ in its jurisdiction within 120 days after receiving the recommendation from
the Director of Forestry and Fire Protection; and
ORDINANCE NO
Page 2
WHEREAS, the Newport Beach Fire Department Staff has reviewed the map and believes
it accurately represents the VHFHSZ within the City.
NOW, THEREFORE, the City Council of the City of Newport Beach does hereby ordain as
follows:
SECTION 1: Chapter 9.04.120 of the City of Newport Beach Municipal Code is hereby
amended to read in its entirety as follows:
9.04.120 Amendments to Chapter 49 Requirements for Wildland -Urban Interface Fire
Areas.
Chapter 49 has been deleted and amended to read as follows:
SECTION 4901 CLEARANCE OF BRUSH FROM STRUCTURES
4901.1 General. Each person or entity who owns, leases, controls,
operates, or maintains any parcel of land within or adjacent to a
designated Special Fire Protection Area(s) or Very High Fire Hazard
Severity Zone shall comply with the requirements of Chapter 49 to
maintain a defensible space to protect structures within Special
Fire Protection Area(s).
Persons owning, leasing, controlling, operating, or maintaining
buildings or structures requiring defensible spaces shall be
responsible for modifying or removing non -fire resistive vegetation.
These regulations apply to all parcels of land within the City of
Newport Beach Special Fire Protection Areas, which directly abut
wildland space, are designated as fuel modification zones or-very
high fire hazard severity zones.
SECTION 4902 DEFINITIONS
4902.1 Definitions For the purpose of this Chapter, certain terms
are defined as follows:
DEFENSIBLE SPACE: "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.
RECONSTRUCTION: Any building undergoing construction within
any 2 -year period, in which the floor area of reconstruction is 50
ORDINANCE NO
Page 3
percent or more prior to the submittal of a building permit
application, shall comply with the Building and Fire Code provisions
for new construction.
SINGLE SPECIMEN TREE: "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.
SPECIAL FIRE PROTECTION AREA: Any geographical area,
designated by the Fire Chief, in which structures are located in or
abut a wildland space or a fuel modification zone. Special Fire
Protection Areas include, but are not limited to, Very High Fire
Hazard Severity Zones.
UNENCLOSED STRUCTURE: Includes structures with a roof and no
more than one side enclosed.
VERY HIGH FIRE HAZARD SEVERITY ZONE: "Very high fire hazard
severity zone" means an area designated by the director pursuant
to Government Code Section 51178 that is not a state
responsibility area.
SECTION 4903 MAINTENANCE OF DEFENSIBLE SPACE
4903.1 Single Specimen Trees. All trees located within the 100 foot
(30.48 m) defensible space shall comply with the following
guidelines:
(For Fuel Modification Zones: all trees located between a structure
and the edge of the "A" Zone proximal to the structure.)
A. New and existing properties located in a very high fire hazard
severity zone shall reduce the number of trees to conform to the
requirements of Government Code Section 51177 (f), regarding
single specimen trees.
B. The selection of any new trees shall be made from the fire
resistive plant list and shall conform to the requirements of
Government Code Section 51177 (f), regarding single specimen
trees.
ORDINANCE NO
Page 4
C. Trees shall be maintained free of dead wood and foliage, and all
dead trees shall be removed.
D. Where shrubs and bushes located within the drip line of a tree,
the lowest tree branch shall be at least three times as high as the
shrub and /or bush. This process will remove the potential for fires
to spread from lower shrubs and bushes to higher trees and
structures.
E. Trees extending to within five feet of any structure shall be
pruned to maintain a minimum clearance of five feet.
4903.2 Shrubs and bushes. All shrubs and bushes located within
the 100 foot defensible space shall comply with the following
guidelines:
(For Fuel Modification Zones: All shrubs and bushes located
between a structure and the edge of the "A" Zone proximal to the
structure.)
A. All dead and dying growth shall be removed from shrubs and
bushes.
B. All shrubs and bushes shall be 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 nearby vegetation.
C. One to three shrubs and bushes together in a small group can be
considered a single bush if properly maintained.
D. For the purpose of firefighter entrance and egress, a minimum of
three feet of access shall be provided along both sides of any
structure.
4903.3 Ground cover. All ground cover located within the 100 foot
defensible space shall comply with the following guidelines:
(For Fuel Modification Zones: All ground cover located between a
structure and the edge of the "A" Zone proximal to the structure.)
A. Ground cover with a maximum mature height of 18" that is
properly planted, irrigated, and maintained is permitted within the
defensible space.
ORDINANCE NO
Page 5
B. Non - planted areas may be covered with a maximum of five
inches (127 mm) of chipped biomass or its equivalent.
C. All ground cover that is either dead and /or dying shall be
removed.
4903.4 Firewood. Firewood and combustible material for
consumption on the premises shall not be stored in unenclosed
spaces beneath buildings or structures, on decks or under eaves,
canopies or other projections or overhangs. Storage of firewood
and combustible material in the defensible space shall be located a
minimum of 15 feet (4.57 m) from any structure and separated
from the drip lines of trees and shrubs by a minimum of 15 feet
(4.57 m).
4903.5 Roofs. All roofs of structures in designated wildland fire
hazard areas shall comply with the following guidelines:
A. Leaves, needles, twigs, and other combustible matter shall be
removed from roofs and rain gutters.
B. Any portion of any tree, bush or shrub, which is located within
ten feet of the outlet of a chimney, shall be removed.
C. All chimneys attached to any appliance or fireplace that burns
solid fuel shall be equipped with an approved spark arrester
constructed in accordance with the California Building Code.
Nothing contained in this section shall be deemed to preclude the
fire code official from requiring more than the minimum specific
requirements set forth above when the fire code official
determines that conditions exist, which necessitate greater fire
protection measures.
SECTION 4904 MAINTENANCE OF FUEL MODIFICATION ZONES
4904.1 General. All elements of the fuel modification plan shall be
maintained in accordance with the approved plan. Fuel
modification zones not in compliance with their fuel modification
plan constitute a fire hazard.
SECTION 4905 CONSTRUCTION REQUIREMENTS FOR STRUCTURES
LOCATED IN SPECIAL FIRE PROTECTION AREAS
ORDINANCE NO
Page 6
4905.1 General. In addition to the regulations found in Chapter 7A
of the California Building Code and other relevant sections of the
California Building Code, all new construction, re- construction and
additions to structures located on parcels of land in Very High Fire
Hazard Severity Zones, or adjacent to the City of Newport Beach
Special Fire Protection Areas, which directly abut wildland space or
a designated fuel modification zone shall be built in accordance
with the regulations found in Section 4905 of this code.
4905.2 Authority. The Fire Chief shall have the authority to
designate all Special Fire Protection Areas.
4905.3 Fuel Modification Requirements for New Construction. All
new and reconstructed structures located on parcels of land in Very
High Fire Hazard Severity Zones, or adjacent to the City of Newport
Beach Special Fire Protection Area, which directly abut wildland
space or a designated Fuel Modification Zone shall comply with this
section.
4905.3.1 Plans. Fuel modification plans shall be submitted to and
approved by the fire code official prior to the issuance of a grading
permit. The plans shall be developed using the criteria set forth in
the Newport Beach Fire Department Fuel Modification Plan
Guidelines for Wildland Fire Hazard Areas.
4905.3.2 Maintenance. All elements of the approved fuel
modification plan shall be maintained in accordance with the
approved plan.
4905.3.3 Alterations. The fuel modification plan may be altered if
conditions change. Any alterations to the fuel modification plan
shall be approved by the fire code official.
4905.4 Issuance of grading or building permits. No grading permit
or building permit shall be issued for new and reconstructed
structures prior to the submittal and approval by the Fire
Department of preliminary fuel modification plans as required by
this section.
4905.5 Street widths. The minimum width of private and public
streets shall not be less than 28 feet (8.53 m). Private streets and
driveways serving no more than three dwellings and not exceeding
ORDINANCE NO
Page 7
150 feet (45.72 m) in length shall not be less than 24 feet (7.32 m)
in width.
SECTION 4906 BUILDING CONSTRUCTION FEATURES
4906.1 Proximity to property lines. New and reconstructed
structures shall be not less than five feet (1524 mm) from an
adjacent property line.
Exception: Exterior walls with no openings facing adjoining
property are exempt from the requirements of this section
provided the exterior side of the wall is constructed of ignition
resistant material, one hour fire resistant, or heavy timber
construction.
4906.2 Combustible construction in 20 foot "A" Zone. No attached
or detached buildings, patio covers, sheds, decks, stairs, or similar
structures shall be built or placed in the 20 foot setback of the fuel
modification zone unless completely constructed of non-
combustible materials.
SECTION 4907 SPECIAL FIRE PROTECTION AREAS /VERY HIGH FIRE
HAZARD SEVERITY ZONE MAP
4907.1 Map. The City designates those areas identified on the
City's Very High Fire Hazard Severity Zone (VHFHSZ) map attached
to the ordinance codified in this chapter and adopted by reference
as Exhibit A; as very high fire hazard severity zones in accordance
with Section 51179(a) of the California Government Code. The Fire
Chief shall cause an official map of the Special Fire Protection
Area /Very High Fire Hazard Severity Zones to be prepared. The map
shall be reviewed and updated on a three -year basis or more
frequently as deemed necessary. When a property is excluded from
a Special Fire Protection Area /Very High Fire Hazard Severity Zone
or added to a Special Fire Protection Area /Very High Fire Hazard
Severity Zone, the Fire Chief shall cause the Special Fire Protection
Area /Very High Fire Hazard Severity Zone map to be amended to
reflect such exclusion or addition.
SECTION 4908 USE OF EQUIPMENT IN SPECIAL FIRE PROTECTION
AREAS
ORDINANCE NO
Page 8
4908.1 Equipment prohibited without a spark arrestor. Except as
otherwise provided in this section, no person shall use, operate, or
cause to be operated, in, upon or adjoining any hazardous fire area
any internal combustion engine which uses hydrocarbon fuels,
unless the engine is equipped with a spark arrestor as defined in
Section 4909.3 of the Fire Code maintained in effective working
order, or the engine is constructed, equipped and maintained for
the prevention of fire pursuant to Section 4909.4 of the Fire Code.
4908.2 Spark arrestor installation. Spark arrestors affixed to the
exhaust system of engines or vehicles subject to this section shall
not be placed or mounted in such a manner as to allow flames or
heat from the exhaust system to ignite any flammable material.
4908.3 Spark arrestor design. A spark arrestor is a device
constructed of nonflammable material specifically for the purpose
of removing and retaining carbon and other flammable particles
over 0.0232 of an inch (0.58 mm) in size from the exhaust flow of
an internal combustion engine that uses hydrocarbon fuels or
which is qualified and rated by the United States Forest Service.
4908.4 Spark arrestor exemption for vehicles. Engines used to
provide motor power for trucks, truck tractors, buses, and
passenger vehicles, except motorcycles, are not subject to this
section if the exhaust system is equipped with a muffler as defined
in the Vehicle Code of the State of California.
Turbocharged engines are not subject to this section if all
exhausted gases pass through the rotating turbine wheel, there is
no exhaust bypass to the atmosphere and the turbocharger is in
effective mechanical condition.
SECTION 4909 RESTRICTED ENTRY TO HAZARDOUS FIRE AREAS
4909.1 General. The Fire Chief shall determine and publicly
announce when hazardous fire areas shall be closed to entry and
when such areas shall again be opened to entry. Entry on and
occupation of hazardous fire areas, except public roadways,
inhabited areas or established trails and camp sites which have not
been closed during such time when the hazardous fire area is
closed to entry, is prohibited.
Exceptions:
ORDINANCE NO
Page 9
A. Residents and owners of private property within hazardous fire
areas and their invitees and guests going to or being upon their
lands.
B. Entry in the course of duty by peace or police officers, and other
duly authorized public officers, members of a fire department, and
members of the United States Forest Service.
SECTION 4910 TRESPASSING ON POSTED PROPERTY
4910.1 General. When the fire code official determines that a specific area
within a hazardous fire area presents an exceptional and continuing fire
danger because of the density of natural growth, difficulty of terrain,
proximity to structures or accessibility to the public, such areas shall be
closed until changed conditions warrant termination of closure. Such areas
shall be posted as hereinafter provided.
4910.2 Signs. Approved signs prohibiting entry by unauthorized persons and
referring to applicable fire code chapters shall be placed on every closed
area.
4910.3 Trespassing. Entering and remaining within areas closed and posted
is prohibited.
Exception: Owners and occupiers of private or public property within
closed and posted areas, their guests or invitees, and local, state and
federal public officers and their authorized agents acting in the
course of duty.
SECTION 4911 EXPLOSIVES AND BLASTING IN HAZARDOUS FIRE AREAS
4911.1 General. Explosives shall not be possessed, kept, stored, sold,
offered for sale, given away, used, discharged, transported or disposed of
within hazardous fire areas except by permit from the fire code official.
SECTION 4912 OPEN FLAME DEVICES IN HAZARDOUS FIRE AREAS
4912.1 General. Welding torches, tar pots, decorative torches and other
devices, machines or processes liable to start or cause fire shall not be
operated or used in or upon hazardous fire areas, except by permit from the
fire code official.
ORDINANCE NO
Page 10
Exception: Use within habited premises or designated campsites
which are a minimum of 30 feet (9144 mm) from grass -, grain -,
brush -, or forest - covered areas.
Flame- employing devices, such as lanterns or kerosene road flares, shall not
be operated or used as a signal or marker in or upon hazardous fire areas.
Exception: The proper use of a fusee at the scene of emergencies.
SECTION 4913 OUTDOOR FIRES IN HAZARDOUS FIRE AREAS
4913.1 General. Outdoor fires shall not be built, ignited or maintained in or
upon hazardous fire areas, except by permit from the fire code official.
Exception: Outdoor fires within habited premises or designated
campsites where such fires are built in a permanent barbeque,
portable barbeque, outdoor fireplace, incinerator or grill and are a
minimum of 30 feet (9144 mm) from a grass -, grain -, brush- or
forest - covered area.
Permits shall incorporate such terms and conditions which will reasonably
safeguard public safety and property. Outdoor fires shall not be built,
ignited or maintained in or upon hazardous fire areas under the following
conditions:
A. When high winds are blowing,
B. When a personage 18 or over is not present at all times to watch
and tend such fire, or
C. When public announcement is made that open burning is
prohibited.
Permanent barbecues, portable barbecues, outdoor fireplaces or grills shall
not be used for the disposal of rubbish, trash, or combustible waste
material.
SECTION 4914 RECREATIONAL FIRES IN SPECIAL FIRE PROTECTION AREAS
4914.1 General. Recreational fires shall not be built, installed, or maintained
in Special Fire Protection Areas without prior approval of the fire code
official. Combustible solid fuels are prohibited in special fire protection
areas, only natural gas or propane flame is allowed regardless if a spark
arrestor is utilized.
ORDINANCE NO
Page 11
Incinerators, outdoor fireplaces, permanent barbeques, and grills shall be
maintained in good repair and in a safe condition at all times. Openings in
such appliances shall be provided with an approved spark arrester, screen or
door.
Exception: When approved, unprotected openings in barbeques and
grills necessary for proper functioning.
SECTION 2: The City of Newport Beach designates those areas identified on Exhibit "A"
attached hereto as Very High Fire Hazard Severity Zones in accordance with Section 51179(a) of
the California Government Code.
SECTION 3: This Section shall include the VHFHSZ map and is adopted pursuant to the
requirements of Government Code Section 51175 et. seq. The area described as a VHFHSZ has
been identified by the Director of the California Department of Forestry and Fire Protection. The
City of Newport Beach VHFHSZ, is designated on a map titled Newport Beach VHFHSZ dated
November 2, 2011, and retained on file at the City of Newport beach and which shall also be
retained on file at the office of the State Fire Marshal. Whenever a more restrictive standard is
set forth on any of the City's codes or state law, the more restrictive standards shall apply in all
cases.
SECTION 4: If any provision, section, paragraph, sentence, clause or phrase of this
ordinance, or any part thereof, or the application thereof to any person or circumstance is for
any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance, or any part
thereof, or its application to other persons or circumstances. The City Council hereby declares
that it would have passed and adopted each provision, section, paragraph, subparagraph,
sentence, clause or phrase thereof, irrespective of the fact that any one or more sections,
paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any
person or circumstances, be declared invalid or unconstitutional.
SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official newspaper of
the City, and it shall be effective thirty (30) days after its adoption.
ORDINANCE NO
Page 12
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the _ day of , 20_, and adopted on the _ day of
20, by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
NANCY GARDNER, MAYOR
ATTEST:
LEILANI BROWN, CITY CLERK
APPROVED AS TO FORM:
AARON C. HARP, CITY ATTORNEY
EXHIBIT A
VERY HIGH FIRE HAZARD SEVERITY ZONE MAP
Very High Fire Hazard Severity Zones in LRA
AS KeCOMMenQeQ Dy I.AL MAL
ORDINANCE NO
Page 13
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ORDINANCE NO
Page 13
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
applies 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.
(S) 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
applyunless 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.
S11RZ S
(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.
51788_
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
California Department of
Forestry and Fire Protection
CAL FIRE Home -e Fire Prevention * Wildland Hazarc » FAQS
Frequently Asked Questions
FIRE HAZARD SEVERITY ZONING AND
NEW BUILDING CODES FOR
CALIFORNIA'S WILDLAND URBAN INTERFACE
QUESTIONS ABOUT DESIGNATION OF VERY HIGH FIRE HAZARD SEVERITY ZONES IN LOCAL
RESPONSIBILITY AREAS
What is "Local Responsibility Area or LRA
What is the 'Bates" bill?
How are Fire Hazard Severity Zones determined in local responsibility areas?
When will CAL FIRE recommend very high Fire Hazard Severity Zones to local agencies?
What are the requirements for landowners in very high Fire Hazard Severity Zones in local responsibility areas?
Does the designation of very high Fire Hazard Severity Zone in the local responsibility area trigger the 100 foot clearance
requirement?
Will there be a single map that shows FHSZ statewide? Countywide?
When is the effective date for Chapter iA of the California Budding Code (CBC)?
Will the CBC Chapter 7A effective date change to July 1 2008 have any affect on the LRA FHSZ mapping process?
Can the CAL FIRE Directors recommendation be modified by the local agency?
How will updates to the map occur after the VH FHSZ is adopted by a local jurisdiction?
After CAL FIRE transmits the officially recommended LRA VH FHSZ map to the local agency, how much time does the local agency
have to make this map available for public review?
What is the CAL FIRE s responsibility for mapping fire hazards in local responsibility jurisdictions?
What does the Government Code say about fire hazards in local responsibility areas?
What is the local agency s responsibility regarding the Directors recommendation for VH FHSZ rating in the local responsibility
area?
How are LRA VH FHSZ used by local agencies?
What is CAL FIRE doing to ensure that the LRA FHSZ map recommendations are accurate?
What if the local entity does not have the geographic information system (GIS) capability to evaluate the draft data for FHSZ?
Which law defines the roles and responsibilities of local agencies to adopt LRA VH -FHSZ?
What happens If the local jurisdiction does not adopt CAL FIRE s recommendation?
When will CAL FIRE transmit the officially recommend LRA VH FHSZ maps to the local agencies?
What process is being used to develop the recommended VH FHSZ ratings in local responsibility areas)
What do the "change maps" show?
Can the public comment on the "change maps ?`
Can local agencies obtain maps of High and Moderate FHSZ ranking?
Will the Very High Fire Hazard Severity Zone in Local Responsibility Area affect the cost and availability of fire insurance?
GENERAL QUESTIONS
�, j, i= t., _ ce building loss from wildfire?
What do the new building codes do?
Do the building codes apply equally in the different Fire Hazard Severity Zones?
Why are fire hazard severity maps being updated?
How was fire hazard seventy determined?
Can the new building codes protect my home from fire?
How will the new building codes affect me as a property owner?
r � Hazard Severity Zone of my property?
QUESTIONS ABOUT FIRE HAZARD SEVERITY ZONES
What is a 'Fire Hazard Severity Zone," or FHSZ?
How is a Fire Hazard Severity Zone determined?
What do Fire Hazard Severity Zones measure?
How have the Fire Hazard Severity Zone Maps changed?
Where do Fire Hazard Severity Zones apply?
What are the uses of Fire Hazard Severity Zones?
What difference do the Fire Hazard Severity Zones make?
Can I find my street address on the map?
What if I disagree with the Fire Hazard Severity Zone designation of my property?
How often will the Fire Hazard Severity Zone Maps be updated?
QUESTIONS ABOUT FIRE HAZARD SEVERITY ZONES AND BUILDING STANDARDS IN STATE
RESPONSIBILITY AREAS
What is "State Responsibility Area " or SRA?
How is state responsibility area determined?
Can I request that my land be taken out of state responsibility area?
What Fire Hazard Severity Zones are in slate responsibility area?
What is the impact of new building codes in state responsibility area?
QUESTIONS ABOUT THE FIRE HAZARD SEVERITY ZONE MODEL USED BY CAL FIRE
,Jnat are the key elements of the Fire Hazaid Severity Zone mode.
What is the difference between moderate high and very high Fire Hazard Seventy Zones as Tanked in the model?
Why does the model place an emphasis on the spread of burning embers?
Why don't the maps reflect the fuel reduction and defensible space work done in an area?
How do model elements relate to the law that requires Fire Hazard Severity Zones to be designated')
Has the model been tested and verified to be accurate locally by CAL FIRE or other fire agencies?
QUESTIONS ABOUT WILDLAND -URBAN INTERFACE BUILDING STANDARDS
„ 1,; �� 4 tai; r _�. uo: �� :Bd homes and commercial
modular units?
Can you use quarter -inch mesh?
Can you have eave vents in the state responsibility area?
Other questions should be directed to your local building department or
DON'T SEE WHAT YOU NEED TO KNOW?
Submit a New Question
GENERAL QUESTIONS
What can be done to reduce buildings loss from wildfire?
Answer: Years of experience by fire agencies and others have led to a statutory strategy for reducing the chance of building loss or
damage. It is a two- pronged approach 1) defensible space — reduce flammable material around homes to keep direct flames and heat
away from the side of the building (The law already requires property owners to create 100 feet of defensible space around buildings). 2)
exterior wildfire exposure protection - construct buildings so that they have less chance of catching fire from buming embers We have
learned that we must make changes to the surrounding property and to the buildings themselves.
What do the new building codes do?
Answer: Recently adopted building codes and standards reduce the risk of burning embers igniting buildings. Codes already in effect
place standards on roofing construction and attic venting The new building codes require siding, exterior doors, decking, windows, eaves
wall vents, and enclosed overhanging decks to meet new test standards.
Do the building codes apply equally in the different Fire Hazard Severity Zones?
Answer: Yes The new ignition resistant codes apply to all fire hazard zones in the state responsibility area and in very high Fire Hazard
Severity Zones in local responsibility areas.
Why are fire hazard severity maps being updated?
Answer: The hazard maps are being updated to more accurately reflect the zones in California that are susceptible to wildfire. The
hazard mapping process incorporates new science and technology in determining hazard ratings.
How was the fire hazard severity determined?
Answer: Us,ng the latest fire science, CAL FIRE has developed and field tested a model that serves as the basis of zone assignments,
The model evaluates properties using characteristics that affect the probability of the area burning and potential fire behavior in the area
Many factors are considered such as fire history. existing and potential fuel, flame length, blowing embers, terrain, weather and the
likelihood of buildings igniting.
Can the new building codes protect my home from fire?
Answer: Fire safe building practices can't make your home fire proof but they can improve the chances that it will still be standing after the
wildfire is out
How will the new building codes affect me as a property owner?
Answer: It depends on your specific situation. Always check with your local building department for specific information.
If your property is in state responsibility area and:
You applied for a building permit for your home before January 1, 2008 — You need only concern yourself with the fire safety
practices that are already on the books. That means you must clear a defensible space around your property, keep your roof clear of
flammable material like twigs and leaves, trim tree branches away from your chimney and keep a spark arrester on your chimney. Visit the
CALFIRE website at www.fire.ca.gov for information on living safely in California's fire prone areas. Use appropriate roofing assembly for
your hazard zone
You applied for a building permit on or after January 1, 2008 — In addition to complying with the fire safety requirements
mentioned above you must:
> Use approved building products and construction methods. That information is available from the Office of the State Fire
Marshal's Building Materials Listing Program .
Use exterior wildfire exposure protection materials and construction methods for exterior siding, windows, eaves vents,
exterior doors, decks
�) Enclose all under -floor areas and the underside of decks to within six inches of the ground
You are remodeling a home on your property after January 1, 2008
The new codes apply to the design and construction of new buildings located in the wildland -urban interface fire area.
Local ordinances may require improved exterior wildfire exposure protection materials and construction methods for
remodel projects. Check with your local building department to determine which ignition resistant building codes apply
to your project,
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Is there an easy way to determine the Fire Hazard Severity Zone of my property?
Answer: If you know your address or the address of a nearby property, you can find the designation for state responsibility area lands on
the web at: This Location
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QUESTIONS ABOUT FIRE HAZARD SEVERITY ZONES
What is a "Fire Hazard Severity Zone," or FHSZ?
Answer: California law requires CAL FIRE to identify areas based on the severity of fire hazard that is expected to prevail there. These
areas, or "zones," are based on factors such as fuel (material that can burn), slope and fire weather. There are three zones, based on
increasing fire hazard... medium, high and very high.
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How is a FHSZ determined?
Answer: Using the latest fire science, CAL FIRE has developed and field tested a model that serves as the basis of zone assignments.
The model evaluates property using characteristics that affect the probability of the area burning and potential fire behavior in the area.
Many factors are considered such as fire history, existing and potential fuel, flame length, blowing embers, terrain, weather and the
likelihood of buildings igniting.
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What does FHSZ measure?
Answer: Fire Hazard Severity Zone maps evaluate "hazard," not "risk ". They are like flood zone maps. "Hazard" is based on the
physical conditions that create a likelihood that an area will burn over a 30 to 50 -year period without considering modifications such as fuel
reduction efforts. "Risk" is the potential damage a fire can do to the area under existing conditions, including any modifications such as
defensible space, irrigation and sprinklers, and ignition resistant building construction.
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How have the Fire Hazard Severity Zone Maps changed?
Answer: Statewide, the acreage designated as very high Fire Hazard Severity Zones is reduced by 25 percent, the acreage designated as
high Fire Hazard Severity Zones is increased by 57 percent, and the acreage designated as moderate Fire Hazard Severity Zones is
increased by 33 percent. For detailed information on acreage changes by county, visit Publications. These changes are largely due to the
ability to be more precise. In the previous map version, typically a minimum 10,000 -acre zone size was used resulting in large areas of
land being designated based on the highest hazard level found in that entire area. Refined modeling techniques and new, more precise
data describing the potential fire environment has enabled the use of 200 -acre parcel sizes in many cases which makes mapping more
spatially refined. In addition, improved mapping science and a thorough model allowed for more consistency in how zones are rated
Where do Fire Hazard Severity Zones apply?
Answer: Fire Hazard Severity Zones are found in areas where the State has financial responsibility for fire protection, called State
Responsibility Areas. More than 31 million acres are in this area. Very high Fire Hazard Severity Zones are found in local jurisdictions as
well
What are the uses of Fire Hazard Severity Zones?
Answer: The zones serve several purposes. They are used to designate areas where exterior wildfire exposure protection building codes
apply to new buildings It can be a factor in real estate disclosure. Local government considers fire hazard severity in the safety element
of the general plan.
ack to to:
What difference do the Fire Hazard Severity Zones make?
Answer: In areas designated as Very High Fire Hazard Severity Zones, the roofing standards change. Please see the details on roofing
(165K PDF)
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Can I find my street address on the map?
Answer: Yes. The University of California Berkeley Center for Fire Research and Outreach has developed an interactive mapping tool for
the internet. Fire hazard is shown for individual properties identified by street address This mapping tool can be accessed through the
*naiand Hazard d Budding lodes section.
What if I disagree with the Fire Hazard Severity Zone designation of my property?
Answer: The CAL FIRE Director will conduct public hearings in every county with state responsibility areas in June and July 2007 You
may comment about Fire Hazard Severity Zone designations at these hearings or you may send in a written comment via mail or e-mail
The public notice of the regulation includes the address for submitting written comments. The Director will respond to all comments before
making final adoption of the maps in state responsibility areas.
How often will the Fire Hazard Severity Zone Maps be updated?
Answer: Approximately every five years
QUESTIONS ABOUT FIRE HAZARD SEVERITY ZONES AND BUILDING STANDARDS IN STATE
RESPONSIBILITY AREAS
What is "State Responsibility Area," or SRA?
Answer: State responsibility area is a legal term defining the area where the State has financial responsibility for wildland fire protection.
Incorporated cities and federal ownership are not included. The prevention and suppression of fires in all areas that are not state
responsibility areas are primarily the responsibility of local or federal agencies. There are more than 31 million acres in state responsibility
area with an estimated 1 7 million people and 750,000 existing homes
How is state responsibility area determined?
Answer: The Board of Forestry and Fire Protection (Board) classifies land as state responsibility area The legal definition of state
responsibility area is found in the Public Resources Code Section 4125 The Board has developed detailed procedures to classify lands as
state responsibility area Lands are removed from state responsibility area when they become incorporated by a city, change in ownership
to the federal government, become more densely populated, or are converted to intensive agriculture that minimizes the risk of wildfire
While some lands are removed from state responsibility area automatically, the Board typically reviews changes every five years.
Can I request that my land be taken out of state responsibility area?
Answer: Yes While not common, property owners can petition the Board to remove their land from state responsibility area
What Fire Hazard Severity Zones are in state responsibility area?
Answer: All of state responsibility area is in a Fire Hazard Severity Zone. Lands are either ranked as moderate, high or very high Fire
Hazard Severity Zones.
What is the impact of new building codes in state responsibility area?
Answer: Recently adopted building codes reduce the risk of burning embers pushed by wind -blown wildfires from igniting buildings.
Roofing standards vary by the fire hazard zone rating of the site. The new codes for siding, decking, windows, and vents apply throughout
all state responsibility area regardless of the fire hazard severity ranking.
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QUESTIONS ABOUT THE FIRE HAZARD SEVERITY ZONE MODEL USED BY CAL FIRE
What are the key elements of the Fire Hazard Severity Zone model?
Answer: The fire hazard severity model for wildland fire has two key elements: probability of burning and probable fire behavior. Hence,
the factors considered in determining fire hazard are how often an area will burn and, when it does burn, what characteristics might lead to
buildings being ignited.
In the model, Fire Hazard Severity Zones are areas that have similar burn probabilities and fire behavior characteristics that result in
damage to buildings.
In wildland areas, expected fire behavior is based on typical fire intensity on a normally severe fire weather day. The calculation also
incorporates the potential of vegetation to be ignited by an ember and expectations based on fire history over the last 50 years.
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What is the difference between moderate, high, and very high Fire Hazard Severity Zones as ranked in the model?
Answer: Classification of a zone as moderate, high or very high fire hazard is based on a combination of how a fire will behave and the
probability of flames and embers threatening buildings. Each area of the map gets a score for flame length, embers, and the likelihood of
the area burning. Scores are then averaged over the zone areas. Final zone class (moderate, high and very high) is based on the
averaged scores for the zone.
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Why does the model place an emphasis on the spread of burning embers?
Answer: Embers spread wildfire because they can travel long distances in the wind and ignite vegetation, roofs, attics (by getting into
vents), and decks.
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Why don't the maps reflect the fuel reduction and defensible space work done in an area?
Answer: Fire hazard and fire risk are not the same. Actions such as creating defensible space around buildings or thinning a forest reduce
the fire risk to that area but they do not significantly change the fire hazard. Hazard + Mitigations = Risk.
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How do model elements relate to the law that requires Fire Hazard Severity Zones to be designated?
Answer: The Public Resources Code Section 4202 calls for zones to embrace relatively homogenous lands and shall be based on fuel
loading, slope, fire weather, and other relevant factors present. The zone model considers these elements by zoning homogenous
vegetation and slopes and considers fire behavior within these zones. Fire behavior is based on fuel type, slope, and severe fire weather.
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Has the model been tested and verified to be accurate locally by CAL FIRE or other fire agencies?
Answer: The model uses on nationally accepted fire behavior calculation systems. Model results were reviewed extensively in four
counties: Butte, Calaveras, Sonoma, and San Diego. These four counties were selected to represent the different fuel conditions found in
California. Further, results were reviewed and field validated in the 56 counties with state responsibility areas.
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QUESTIONS ABOUT DESIGNATION OF VERY HIGH FIRE HAZARD SEVERITY ZONES IN LOCAL
RESPONSIBILITY AREAS
NOTE: The Fire Hazard Severity Zone maps for Local Responsibility Area will be rolled out in 2008. An expanded
question/answer sheet will be provided in this space at that time. This Q and A contains a limited amount of detail and is
provided as an introduction to next year's program.
What is "Local Responsibility Area ", or LRA?
Answer: Wildland fire protection in California is the responsibility of either the State, local government, or the federal government. Local
responsibility areas include incorporated cities, cultivated agriculture lands, and portions of the desert. Local responsibility area fire
protection is typically provided by city fire departments, fire protection districts, counties, and by CAL FIRE under contract to local
government.
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What is the "Bates" bill?
Answer: The "Bates" bill, Government Code Section 51175, was prompted by the devastating Oakland Hills Fire of 1991. This mid -1990s
legislation calls for the CAL FIRE Director to evaluate fire hazard severity in local responsibility area and to make a recommendation to the
local jurisdiction where very high Fire Hazard Severity Zones exist. The Government Code then provides direction for the local jurisdiction
to take appropriate action.
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How are Fire Hazard Severity Zones determined in local responsibility areas?
Answer: CAL FIRE uses an extension of the state responsibility area Fire Hazard Severity Zone model as the basis for evaluating fire
hazard in local responsibility area. The local responsibility area hazard rating reflects flame and ember intrusion from adjacent wildlands
and from flammable vegetation in the urban area. Scientists at the U. C. Berkeley Center for Fire Research and Outreach provided an
urban fuels model that was incorporated in the hazard rating.
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When will CAL FIRE recommend very high Fire Hazard Severity Zones to local agencies?
Answer: CALFIRE will prepare draft very high Fire Hazard Severity Zone recommendations for local responsibility areas during the
summer of 2007. These recommendations are scheduled to reflect hazard ratings in adjacent state responsibility area zones. CAL FIRE
anticipates reviewing and validating these draft local responsibility area recommendations with local agencies during the fall of 2007.
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What are the requirements for landowners in Very High Fire Hazard Severity Zones in local responsibility areas?
Answer: The exterior wildfire exposure protection codes apply to the design and construction of new buildings located in very high Fire
Hazard Severity Zones in local responsibility areas. Local ordinances may require ignition resistant construction for remodel projects.
Check with your local building department to determine which ignition resistant building codes apply to your project. In addition,
Government Code Section 51182 calls for flammable vegetation clearance and other wild land fire safety practices for buildings. Owners
are also required to make a natural hazard disclosure as part of a real estate transfer. For information regarding clearance around
buildings see the Homeowners Checklist at www.fire.ca.gov.
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Does the designation of Very High Fire Hazard Severity Zone in the local responsibility area trigger the 100 foot clearance
requirement?
Answer: Yes, unless exempted by local government under specified conditions, the 100 foot clearance requirements apply.
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When is the effective date for Chapter 7A of the California Building Code (CBC)7
Answer: The Building Standards Commission re-set the Local Responsibility Area (LRA) adoption date of Chapter 7A from
January 1, 2008 to July 1, 2008. Contact your local agency for more detailed information on the timing of the adoption within your specific
jurisdiction.
Chapter 7A became effective in State Responsibility Area (SRA) on January 1, 2008.
Will the CBC Chapter 7A effective date change to July 1, 2008, have any affect on the LRA FHSZ mapping process?
Answer: No
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Can the CAL FIRE Director's recommendation be modified by the local agency?
Answer: A local agency may increase the area designated as Very High Fire Hazard Severity Zone (VH FHSZ) 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. No provision is made in the Government Code for a local agency to reduce the area recommended for designation as a VH FHSZ.
How will updates to the map occur after the VH FHSZ is adopted by a local jurisdiction?
Answer: This is a subject of a pending information bulletin being developed by the State Fire Marshal.
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After CAL FIRE transmits the officially recommended LRA VH FHSZ map to the local agency, how much time does the local
agency have to make this map available for public review?
Answer: Govemment Code Section 51178.5 states, °... 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"
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What is the CAL FIRE's responsibility for mapping fire hazards in local responsibility jurisdictions?
Answer: CAL FIRE is required to Identify VH FHSZ and to transmit this information to local agencies. CAL FIRE is also required to
periodically review the recommendations.
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What does the Government Code say about fire hazards in local responsibility areas?
Answer: Government Code Sections 51175 — 51189 cover fire hazards in local responsibility areas.
What is the local agency's responsibility regarding the Director's recommendation for VH FHSZ rating in the local responsibility
area?
Answer: It is the local agency's responsibility to make the recommendation available for public review and to designate, by ordinance. VH
FHSZs in its jurisdiction
How are LRA VH FHSZ used by local agencies?
Answer: LRA VH FHSZ maps are used to identify areas where ignition resistant building standards will be required for new construction,
to identify properties requiring defensible space maintenance, and by sellers to disclose natural hazards at the time of property sale It is
strongly recommended that local governments use the LRA VH FHSZ's as they update the safety elements of their general plans.
What is CAL FIRE doing to ensure that the LRA FHSZ map recommendations are accurate?
Answer: CAL FIRE has made draft maps available to local agencies through its website
Local agencies have had the opportunity to comment on these draft :naps and have
requested changes, based on supporting data CAL FIRE is reviewing the recommended changes and is updating the LRA VH FHSZ were
appropriate Local agencies will have further opportunities for input before the Director issues a formal recommendation, CA FIRE will post
a "change map" indicating how local suggestions have been processed. Links to the change maps can be found on the Fire Hazard
Severity Zone Mapping web page.
What if the local entity does not have the geographic information system (GIS) capability to evaluate the draft data for FHSZ?
Answer: CAL FIRE will assist that local agency by providing GIS technical support This support can be requested by contacting CAL
FIRE 's Northern Region FHSZ Mapping Coordinator at (530) 224 -2445 or Southern Region FHSZ Mapping Coordinator at (559) 222 -3714
Which law defines the roles and responsibilities of local agencies to adopt LRA VH -FHSZ?
Answer: nment C ections 5" defines the roles and responsibilities for LRA Very High Fire Hazard Severity Zone
adoption.
What happens if the local jurisdiction does not adopt CAL FIRE's recommendation?
Answer: Local jurisdictions should consult their legal counsel regarding responsibilities defined in the Government Code Sections 51175 -
51982
When will CAL FIRE transmit the officially recommend LRA VH FHSZ maps to the local agencies?
Answer: CAL FIRE will transmit the official recommendations to local agencies between April and June, 2008.
What process is being used to develop the recommended VH FHSZ ratings in local responsibility areas?
Answer: CAL FIRE has submitted draft maps to a number of counties and over 200 cities for review. The maps show suggested LRA VH
FHSZ and, for background, also indicate suggested High and Moderate FHSZ Cities and counties are in the process of reviewing
suggested FHSZ ratings and submitting their input to CAL FIRE CAL FIRE is reviewing the proposed input and posting "change maps"
and other information on the web These change maps indicate how local suggestions have been processed. Links to the change maps
can be found on the Fire Hazard Severity Zone Mapping web page.
What do the "change maps" show?
Answer: The "change maps' show information related lust to LRA VH FHSZ rankings The LRA Very High ranking is the only zone for
which the law requires CAL FIRE to provide a recommendation to local government
Can the public comment on the "change maps "?
Answer: CAL FIRE has made provisions for local agencies to comment on the maps over the web Public questions should be directed to
the local fire department or governing body.
18. Can local agencies obtain maps of High and Moderate FHSZ ranking?
Answer: Changes in LRA Very High ratings from the original draft map will affect the location of high and moderate rankings At this time,
CAL FIRE is not recalculating the hazard model to reflect those changes in the high and moderate hazard rankings. Local agencies can
request this information. However, CAL FIRE will not be able to provide the information until after recommendations for LRA VH FHSZ are
developed
19. Will the Very High Fire Hazard Severity Zone in Local Responsibility Area affect the cost and availability of fire insurance?
Answer: Insurance rates are determined by a variety of factors, including Fire Risk. Fire Risk is different from Fire Hazard. Fire Hazard is
the focus of the FHSZ maps. not Fire Risk Fire Hazard is based on factors such as fuel (material that can burn), slope and fire weather.
Fire Risk considers the potential for damage based on factors such as the ability of a fire to ignite the structure, the flammability of the
construction material, and mitigation measures that reduce the risk These mitigation measures include defensible space, building design,
ignition resistant building materials, and ignition resistant construction techniques
Ultimately, it is not possible to state that insurers will ignore the limitations of the focus of FHSZ maps However. to respcnd to such
issues, the California Department of Insurance and CAL FIRE have established a partnership and joint commitment to protecting
Californians from fire losses A Memorandum of Understanding was signed by the Insurance Commissioner and the Director of CAL FIRE,
October, 2007 to mutually promote awareness and collaboration among fire officials, the insurance industry, and the public to prevent and
mitigate fire losses.
The MOU can be found at Ilwww insurance ca.gov/ 0400 - news /0100- press - releases /0060-
.;� eau ills, ,arca_.;DI_CALFIRE_MOU_091007TC pdf.
QUESTIONS ABOUT WILDLAND -URBAN INTERFACE BUILDING STANDARDS
Do the new construction standards apply to modular homes and mobile homes?
Answer: For information regarding the application of Wildland -Urban Interface Building Standards to manufactured homes, mobilehomes,
multifamily manufactured homes and commercial modular units see the irshal Informal
Can you use quarter -inch mesh?
Answer: All attic ventilation, other than eave and cornice vents, may use quarter -inch wire mesh as an alternative to special flame and
ember - resistant vents.
Can you have eave vents in Fire Hazard Severity Zones?
Answer: Nc. vents shall not be installed in eaves and cornices unless they resist the intrusion of flame and burning embers into the attic
area of the structure
tons of Use I I , Policy
Copyright ® 2012 State of Callfomia
9.04.120 Amendments to Chapter 49 Requirements for Wildland -Urban Interface Fire Areas.
Chapter 49 has been deleted and amended to read as follows:
SECTION 4901 CLEARANCE OF BRUSH FROM STRUCTURES
4901.1 General. Each person or entity who owns, leases, controls, operates, or maintains any
parcel of land within or adjacent to a designated Special Fire Protection Area(s) or Very High Fire
Hazard Severity Zone shall comply with the requirements of Chapter 49 to maintain a defensible
space to protect structures within Special Fire Protection Area(s).
Persons owning, leasing, controlling, operating, or maintaining buildings or structures requiring
defensible spaces shall be responsible for modifying or removing non -fire resistive vegetation.
These regulations apply to all parcels of land within the City of Newport Beach Special Fire
Protection Areas, which directly abut wildland space, era are designated as fuel modification
zones o^ one or °'dpg or very high fire hazard severity zones.
SECTION 4902 DEFINITIONS
4902.1 Definitions For the purpose of this Chapter, certain terms are defined as follows: (All
definitions brought to the beginning of this amendment)
DEFENSIBLE SPACE: "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. Spa or aR @F@a 88th......" Fal GF FAaR FR@ d....,hOPI...l.......,a%S!Cla'S a461 .,�
RECONSTRUCTION: Any building undergoing construction within any 2 -year period, in which the
floor area of reconstruction is 50 percent or more prior to the submittal of a building permit
application, shall comply with the Building and Fire Code provisions for new construction.
SINGLE SPECIMEN TREE: "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.
SPECIAL FIRE PROTECTION AREA: Any geographical area, designated by the Fire Chief, in
which structures directly are located in or abut a wildland space or a fuel modification zone on
one r were sides. Special Fire Protection Areas include, but are not limited to, Very High Fire
Hazard Severity Zones.
UNENCLOSED STRUCTURE: Includes structures with a roof and no more than one side
enclosed.
VERY HIGH FIRE HAZARD SEVERITY ZONE: "Very high fire hazard severity zone' means an
area designated by the director pursuant to Government Code Section 51178 that is not a state
responsibility area.
SECTION 4903 MAINTENANCE OF DEFENSIBLE SPACE
4903.1 Single Specimen Trees. All trees located within the 100 feet foot (30.48 m) defensible
space of aRy PGFtiOR of a StPHOtWe shall comply with the following guidelines:
(For Fuel Modification Zones: all trees located between a structure and the edge of the "A" Zone
proximal to the structure.)
A. Ini)(st nq been n net reelu red to have n rntinn of tmn n as but shall be ro ntaiAe l
froo of all dead OF ,,.,.nn f ^I'^^^ New and existing properties located in a very high fire hazard
severity zone shall reduce the number of trees to conform to the requirements of Government
Code Section 51177 (f). regarding single specimen trees.
B. The selection of any new trees shall be made from the fire resistive plant list and shall conform
to the requirements of Government Code Section 51177 (f) regarding single specimen trees. Add
the tFeeq shall he plaRted sweh that FRat6lF8 Ga%pieS shall have a FR RiFA61FR sepaFatieR 9 teR fast
(3.048 m). For the purposes of th s dGGurnent branch tip to branch tip s synonymous with the
to to
C. Trees shall be maintained free of dead wood and foliage, and all dead trees shall be removed.
D. Where shrubs and bushes located within the drip line of a tree, the lowest tree branch shall be
at least three times as high as the shrub and /or bush. This process will remove the potential for
fires to spread from lower shrubs and bushes to higher trees and structures.
E. Trees extending to within five feet of any structure shall be pruned to maintain a minimum
clearance of five feet.
4903.2 Shrubs and bushes. All shrubs and bushes located within the 100 feet foot defensible
space of any paFtiGp of a bw IdiRg shall comply with the following guidelines:
(For Fuel Modification Zones: All shrubs and bushes located between a structure and the edge of
the "A" Zone proximal to the structure.)
A. All dead and dying growth shall be removed from shrubs and bushes.
B. All shrubs and bushes shall be well - oruned 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 nearby vegetation. NAt ^^ the f'•e Fes RtWe plant °e1 shall have ^ min FRIAFA
rat 'n of hen feet apart branch 1'n to branch f'n
C. One to three shrubs and bushes together in a small group can be considered a single bush if
properly maintained.
E. For the purpose of firefighter entrance and egress, a minimum of three feet of access shall be
provided along both sides of any structure.
4903.3 Ground cover. All ground cover located within the 100 feet foot defensible space ofany
portion of a structure shall comply with the following guidelines:
(For Fuel Modification Zones: All ground cover located between a structure and the edge of the
"A" Zone proximal to the structure.)
A. Ground cover with a maximum mature height of 18" that is properly planted, irrigated, and
maintained is permitted within the defensible space.
B. Non - planted areas may be covered with a maximum of five inches (127 mm) of chipped
biomass or its equivalent.
C. All ground cover that is either dead and/or dying shall be removed.
4903.4 Firewood. Firewood and combustible material for consumption on the premises shall not
be stored in unenclosed spaces beneath buildings or structures, on decks or under eaves,
canopies or other projections or overhangs. Storage of firewood and combustible material in the
defensible space shall be located a minimum of 15 feet (4.57 m) from any structure and
separated from the drip lines of trees and shrubs by a minimum of 15 feet (4.57 m).
4903.5 Roofs. All roofs of structures in designated wildland fire hazard areas shall comply with
the following guidelines:
A. Leaves, needles, twigs, and other combustible matter shall be removed from roofs and rain
gutters.
B. Any portion of any tree, bush or shrub, which is located within ten feet of the outlet of a
chimney, shall be removed.
C. All chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with
an approved spark arrester constructed in accordance with the California Building Code.
Nothing contained in this section shall be deemed to preclude the fire code official from requiring
more than the minimum specific requirements set forth above when the fire code official
determines that conditions exist, which necessitate greater fire protection measures.
SECTION 4904 MAINTENANCE OF FUEL MODIFICATION ZONES
4904.1 General. All elements of the fuel modification plan shall be maintained in accordance with
the approved plan. Fuel modification zones not in compliance with their fuel modification plan
constitute a fire hazard.
SECTION 4905 CONSTRUCTION REQUIREMENTS FOR STRUCTURES AWAGENT TO
LOCATED IN SPECIAL FIRE PROTECTION AREAS
4905.1 General. In addition to the regulations found in Chapter 7A of the California Building Code
and other relevant sections of the California Building Code, all new construction, re- construction
and additions to structures located on parcels of land in Very High Fire Hazard Severity Zones, or
adjacent to the City of Newport Beach Special Fire Protection Areas, which directly abut wildland
space or a designated fuel modification zone on one or ^•^ sides shall be built in accordance
with the regulations found in Section 4905 of this code.
490r .2 Deft .kiens For the P of this ChapteF eFta:., tpi, ..... A defined A.. faliny,... (All
definitions transferred to the beginning of this amendment for clarity.)
RECONSTRUCTION: Any building undergoing construction within any 2 -year period, in which the
floor area of reconstruction is 50 percent or more prior to the submittal of a building permit
application, shall comply with the Building and Fire Code provisions for new construction.
(Existing but moved to beginning of Chapter 49)
UNENCLOSED STRUCTURE: Includes structures with a roof and no more than one side
enclosed. (Existing but moved to beginning of Chapter 49)
4905.2 Authority. The Fire Chief shall have the authority to designate all Special Fire Protection
Areas.
4905.3 Fuel Modification Requirements for New Construction. All new and reconstructed
structures located on parcels of land in Very High Fire Hazard Severity Zones, or adjacent to the
City of Newport Beach Special Fire Protection Area, which directly abut wildland space or a
designated Fuel Modification Zone on one or mere ^'ap' shall comply with this section.
4905.3.1 Plans. Fuel modification plans shall be submitted to and approved by the fire code
official prior to the issuance of a grading permit. The plans shall be developed using the criteria
set forth in the Newport Beach Fire Department Fuel Modification Plan Guidelines for Wildland
Fire Hazard Areas.
4905.3.2 Maintenance. All elements of the approved fuel modification plan shall be maintained in
accordance with the approved plan.
4905.3.3 Alterations. The fuel modification plan may be altered if conditions change. Any
alterations to the fuel modification plan shall be approved by the fire code official.
4905.4 Issuance of grading or building permits. No grading permit or building permit shall be
issued for new and reconstructed structures prior to the submittal and approval by the Fire
Department of preliminary fuel modification plans as required by this section.
4905.5 Street widths. The minimum width of private and public streets shall not be less than 28
feet (8.53 m). Private streets and driveways serving no more than three dwellings and not
exceeding 150 feet (45.72 m) in length shall not be less than 24 feet (7.32 m) in width.
SECTION 4906 BUILDING CONSTRUCTION FEATURES
4906.1 Proximity to property lines. New and reconstructed structures shall be not less than five
feet (1524 mm) from an adjacent property line.
Exception: Exterior walls with no openings facing adjoining property are exempt from the
requirements of this section provided the exterior side of the wall is constructed of ignition
resistant material, one hour fire resistant, or heavy timber construction.
4906.2 Combustible construction in 20 foot "A" Zone. No attached or detached buildings,
patio covers, sheds, decks, stairs, or similar structures shall be built or placed in the 20 foot
setback of the fuel modification zone unless completely constructed of non - combustible materials.
SECTION 4907 SPECIAL FIRE PROTECTION AREASIVERY HIGH FIRE HAZARD SEVERITY
ZONE MAP
4907.1 Map. The City designates those areas identified on the City's Very High Fire Hazard
Severity Zone (VHFHSZ) map attached to the ordinance codified in this chapter and adopted by
reference as Exhibit A: as very high fire hazard severity zones in accordance with Section
51179(a) of the California Government Code. The Fire Chief shall cause an official map of the
Special Fire Protection Area/Very High Fire Hazard Severity Zones to be prepared. The map shall
be reviewed and updated on a three -year basis or more frequently as deemed necessary. When
a property is excluded from a Special Fire Protection Area/Very High Fire Hazard Severity Zone
or added to a Special Fire Protection Area/Very High Fire Hazard Severity Zone, the Fire Chief
shall cause the Special Fire Protection Area/Very High Fire Hazard Severity Zone map to be
amended to reflect such exclusion or addition.
SECTION 4908 USE OF EQUIPMENT IN SPECIAL FIRE PROTECTION AREAS
4908.1 Equipment prohibited without a spark arrestor. Except as otherwise provided in this
section, no person shall use, operate, or cause to be operated, in, upon or adjoining any
hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the
engine is equipped with a spark arrestor as defined in Section 4909.3 of the Fire Code
maintained in effective working order, or the engine is constructed, equipped and maintained for
the prevention of fire pursuant to Section 4909.4 of the Fire Code.
4908.2 Spark arrestor installation. Spark arrestors affixed to the exhaust system of engines or
vehicles subject to this section shall not be placed or mounted in such a manner as to allow
flames or heat from the exhaust system to ignite any flammable material.
4908.3 Spark arrestor design. A spark arrestor is a device constructed of nonflammable
material specifically for the purpose of removing and retaining carbon and other flammable
particles over 0.0232 of an inch (0.58 mm) in size from the exhaust flow of an internal combustion
engine that uses hydrocarbon fuels or which is qualified and rated by the United States Forest
Service.
4908.4 Spark arrestor exemption for vehicles. Engines used to provide motor power for trucks,
truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section
if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of
California.
Turbocharged engines are not subject to this section if all exhausted gases pass through the
rotating turbine wheel, there is no exhaust bypass to the atmosphere and the turbocharger is in
effective mechanical condition.
SECTION 4909 RESTRICTED ENTRY TO HAZARDOUS FIRE AREAS
4909.1 General. The Fire Chief shall determine and publicly announce when hazardous fire
areas shall be closed to entry and when such areas shall again be opened to entry. Entry on and
occupation of hazardous fire areas, except public roadways, inhabited areas or established trails
and camp sites which have not been closed during such time when the hazardous fire area is
closed to entry, is prohibited.
Exceptions:
A. Residents and owners of private property within hazardous fire areas and their invitees and
guests going to or being upon their lands.
B. Entry in the course of duty by peace or police officers, and other duly authorized public
officers, members of a fire department, and members of the United States Forest Service.
SECTION 4910 TRESPASSING ON POSTED PROPERTY
4910.1 General. When the fire code official determines that a specific area within a hazardous fire area
presents an exceptional and continuing fire danger because of the density of natural growth, difficulty of
terrain, proximity to structures or accessibility to the public, such areas shall be closed until changed
conditions warrant termination of closure. Such areas shall be posted as hereinafter provided.
4910.2 Signs. Approved signs prohibiting entry by unauthorized persons and referring to applicable fire
code chapters shall be placed on every closed area.
4910.3 Trespassing. Entering and remaining within areas closed and posted is prohibited.
Exception: Owners and occupiers of private or public property within closed and posted areas,
their guests or invitees, and local, state and federal public officers and their authorized agents
acting in the course of duty.
A=MI1*1:[ fifty *: / 11RHI:C _ ' r •
4911.1 General. Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used,
discharged, transported or disposed of within hazardous fire areas except by permit from the fire code
official.
SECTION 4912 OPEN FLAME DEVICES IN HAZARDOUS FIRE AREAS
4912.1 General. Welding torches, tar pots, decorative torches and other devices, machines or processes
liable to start or cause fire shall not be operated or used in or upon hazardous fire areas, except by permit
from the fire code official.
Exception: Use within habited premises or designated campsites which are a minimum of 30 feet
(9144 mm) from grass -, grain -, brush -, or forest - covered areas.
Flame- employing devices, such as lanterns or kerosene road flares, shall not be operated or used as a
signal or marker in or upon hazardous fire areas.
Exception: The proper use of a fusee at the scene of emergencies.
SECTION 4913 OUTDOOR FIRES IN HAZARDOUS FIRE AREAS
4913.1 General. Outdoor fires shall not be built, ignited or maintained in or upon hazardous fire areas,
except by permit from the fire code official.
Exception: Outdoor fires within habited premises or designated campsites where such fires are
built in a permanent barbeque, portable barbeque, outdoor fireplace, incinerator or grill and are a
minimum of 30 feet (9144 mm) from a grass -, grain -, brush- or forest - covered area.
Permits shall incorporate such terms and conditions which will reasonably safeguard public safety and
property. Outdoor fires shall not be built, ignited or maintained in or upon hazardous fire areas under the
following conditions:
A. When high winds are blowing,
B. When a person age 18 or over is not present at all times to watch and tend such fire, or
C. When public announcement is made that open burning is prohibited.
Permanent barbeques, portable barbeques, outdoor fireplaces or grills shall not be used for the disposal of
rubbish, trash, or combustible waste material.
SECTION 4914 RECREATIONAL FIRES IN SPECIAL FIRE PROTECTION AREAS
4914.1 General. Recreational fires shall not be built, installed, or maintained in Special Fire Protection
Areas without prior approval of the fire code official. Combustible solid fuels are prohibited in special fire
protection areas, only natural gas or propane flame is allowed regardless if a spark arrestor is utilized.
Incinerators, outdoor fireplaces, permanent barbeques, and grills shall be maintained in good repair and in a
safe condition at all times. Openings in such appliances shall be provided with an approved spark arrester,
screen or door.
Exception: When approved, unprotected openings in barbeques and grills necessary for proper
functioning.