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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 .�� `�r� 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, back to top 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 back to top 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. back to top 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. back to top 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. back to top 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) back to top 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. back to top 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. back to top 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. back to top 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. back to top 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. back to top 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. back to top 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. back to top 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. back to top 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. back to top 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. back to top 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. back to top 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. back to top 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. back to top 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 back to top back to top 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. back to top back to top 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" back to top 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. back to top 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.