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Section 3319 is added to the California Fire Code to read:
Sec. 3319.1 Fuel modification zone during construction. Any person doing construction of any kind which requires a permit under this code or the County Building Code shall install a fuel modification zone prior to allowing any combustible material to arrive on the site and shall maintain the zone during the duration of the project.
(Added by Ord. No. 9915 (N.S.), effective 1-30-08; repealed and reenacted by Ord. No. 10337 (N.S.), effective 6-19-14; repealed and reenacted by Ord. No. 10465 (N.S.), effective 4-14-17; repealed and reenacted by Ord. No. 10659 (N.S.), effective 3-26-20; repealed and reenacted by Ord. No. 10833 (N.S.), effective 4-13-23)
Section 4902 of the California Fire Code is revised to read:
Sec. 4902.1 General. For the purposes of this chapter, certain terms are defined as follows:
BUILDING OFFICIAL means the Director of the Planning and Development Services or any person appointed or hired by the Director to administer or enforce the County's planning and construction standards. The building official duties shall include plan checking, inspections and code enforcement.
COMBUSTIBLE VEGETATION means material that in its natural state will readily ignite, burn and transmit fire from native or landscape plants to any building or other vegetation. Combustible vegetation includes dry grass, brush, weeds, litter or other flammable vegetation that creates a fire hazard.
DEFENSIBLE SPACE is an area either natural or man-made, where material capable of allowing a fire to spread unchecked has been treated, cleared or modified to slow the rate and intensity of an advancing wildfire and to create an area for fire suppression operations to occur. Distance measurements for defensible space shall be measured on a horizontal plane.
FUEL BREAK is an area, strategically located for fighting anticipated fires, where the native vegetation has been permanently modified or replaced so that fires burning into it can be more easily controlled. Fuel breaks divide fire-prone areas into smaller areas for easier fire control and to provide access for firefighting.
OPEN SPACE EASEMENT means any right or interest in perpetuity or for a term for years in open-space land, as that term is defined in Government Code section 51051, acquired by the County, a city or a nonprofit organization where the instrument granting the right or interest imposes restriction on use of the land, to preserve the land for public use or enjoyment of the natural or scenic character of the land.
OPEN SPACE PRESERVE means open-space land, as that term is defined in Government Code section 65560(b), for the preservation of natural resources, managed production of resources, outdoor recreation, public health and safety, buffer for a military installation or the protection of cultural resources.
SLOPE is the variation of terrain from the horizontal; the number of feet, rise or fall per 100 feet, measured horizontally, expressed as a percentage. Regardless of manufactured cut, fill or natural slope.
TREE CROWN means the primary and secondary branches growing out from the main stem, together with twigs and foliage.
(Added by Ord. No. 9915 (N.S.), effective 1-30-08; amended by Ord. No. 10014 (N.S.), effective 11-13-09; amended by Ord. No. 10224 (N.S.), effective 10-25-12; repealed and reenacted by Ord. No. 10337 (N.S.), effective 6-19-14; repealed and reenacted by Ord. No. 10465 (N.S.), effective 4-14-17; repealed and reenacted by Ord. No. 10659 (N.S.), effective 3-26-20; repealed and reenacted by Ord. No. 10833 (N.S.), effective 4-13-23)
Section 4903.1.1 of the California Fire Code is added to read:
SECTION 4903.1.1
FIRE PROTECTION PLAN WHEN REQUIRED
Sec. 4903.1.1 When required. Planning and Development Services or the FAHJ shall require an applicant for a parcel map, subdivision map, specific plan or major use permit for any property located in a wildland-urban interface fire area to submit a Fire Protection Plan (FPP) as part of the approval process located in mapped any Fire Hazard Severity Zones for LRA and SRA.
(Added by Ord. No. 9915 (N.S.), effective 1-30-08; amended by Ord. No. 10014 (N.S.), effective 11-13-09; amended by Ord. No. 10224 (N.S.), effective 10-25-12; repealed and reenacted by Ord. No. 10337 (N.S.), effective 6-19-14; repealed and reenacted by Ord. No. 10465 (N.S.), effective 4-14-17; repealed and reenacted by Ord. No. 10659 (N.S.), effective 3-26-20; repealed and reenacted by Ord. No. 10833 (N.S.), effective 4-13-23)
Section 4905 of the California Fire Code is revised to read:
Sec. 4905.2 Construction methods for exterior wildfire exposure. The construction methods for exterior wildfire exposure in a wildland-urban interface fire area shall be as provided in Chapter 7A of the County Building Code.
(Added by Ord. No. 10337 (N.S.), effective 6-19-14; repealed and reenacted by Ord. No. 10465 (N.S.), effective 4-14-17; repealed and reenacted by Ord. No. 10659 (N.S.), effective 3-26-20; repealed and reenacted by Ord. No. 10833 (N.S.), effective 4-13-23)
Section 4906 of the California Fire Code is revised to read:
Sec. 4906.3 Landscape plans. When required by the FAHJ landscape plans shall be provided to the FAHJ or a designated third party for any new construction and or addition for residential and commercial buildings or accessory thereof. Plans shall be submitted and approved prior to any framing inspection. In addition, plans shall be provided when modifications occur to any previously approved landscape plan or to the Home Ignition Zones.
Sec. 4906.3.1 Contents. Landscape plans shall contain the following:
1. Plans shall be prepared by a California Licensed Landscape Architect, Architect, or Civil Engineer. A landscape designer could prepare planting plans only (not irrigation) for a single-family residence but would need one of the above professionals to stamp the plans verifying compliance with the regulations.
2. Provide plans with a readable (Engineer or Architect) scale.
3. Delineation of fuel modification zones and Home Ignition Zones with a general description of the zone's dimensions and character.
4. Describe and show existing vegetation on plan.
5. Designate irrigated areas on the plan.
6. Include a Plant Legend with both botanical and common names for existing and proposed plant material.
7. Define all symbols, site amenities, features, and shaded areas, etc. used on the plans.
8. Draw all plant symbols of what the full mature canopy size will be.
9. Include quantities of trees and large shrubs being proposed.
Sec. 4906.3.2 Landscaping Installation. All landscaping shall be installed per the approved plan prior to final inspection for issuance of certificate of occupancy.
Sec. 4906.4 Vegetation. All new vegetation shall be drought tolerant and fire-resistant vegetation in accordance with this section.
Exception: Trees classified as non-fire resistant vegetation complying with Section 4906.4.2.1
To be considered fire resistant vegetation, it must meet at least one of the following:
1. Be identified as fire-resistant vegetation in an approved book, journal or listing from an approved organization.
2. Be identified as fire-resistant vegetation by a licensed landscape architect with supporting justification.
3. Plants considered fire resistant vegetation and approved by the local enforcing agency.
Sec. 4906.4.1 Shrubs. All new plantings of shrubs planted in Zone 1 and Zone 2 shall comply with the following:
1. Shrubs shall not exceed 6 feet in height.
2. Groupings of shrubs are limited to a maximum aggregate diameter of 10 feet.
3. Shrub groupings shall be separated from other groupings a minimum of 15 feet.
4. Shrub groupings shall be separated from structures a minimum of 30 feet.
5. Where shrubs are located below or within a tree's drip line, the lowest tree branch shall be a minimum of three times the height of the understory shrubs or 10 feet whichever is greater.
6. Ornamental grasses shall be planted a minimum 5 feet from any structure.
Sec. 4906.4.2 Trees. Trees shall be managed as follow within the 50' foot zone of a structure:
1. New trees shall be planted and maintained so that the tree's drip line at maturity is a minimum of 10 feet from any combustible structure.
2. The horizontal distance between crowns of new trees and crowns of adjacent trees shall not be less than 10 feet.
3. Existing trees shall be trimmed to provide a minimum separation of 10 feet (3048 mm) away from roof lines, barbecue, fire pit, other heat or flame producing devices, chimney and stovepipe outlets per Title 14, Section 1299.03.
4. For streetscape plantings, all non-fire resistive trees shall be planted so that the center of the tree trunk is 20 feet from edge of curb. Fire resistive trees may be planted 10 feet from edge of curb to center of tree trunk.
Sec. 4906.4.2.1 Non-fire-resistant vegetation. New trees not classified as fire resistant vegetation, such as conifers (including Junipers and Cypress), palms with fibrous tissues, pepper trees, acacia species, bamboo species and eucalyptus species, and other species deemed highly flammable by the FAHJ shall be permitted provided the tree is planted and maintained so that the tree's drip line at maturity is a minimum 30 feet from any combustible structure.
(Added by Ord. No. 10833 (N.S.), effective 4-13-23)
Section 4907 of the California Fire Code is revised to read:
Sec. 4907.4 Building and Structure setbacks from property lines. The building official shall establish the minimum setbacks for locating a building and structure on a lot in a wildland-urban interface fire area. The setbacks may be greater than the minimum setbacks provided in the County Zoning Ordinance, when necessary to protect a building and structure from an unreasonable hazard from a wildfire.
Sec. 4907.4.1 General fire setbacks. Buildings and structures shall be setback a minimum of 30 feet from property lines and biological open space easements unless existing permitted buildings and structures are located within 30 feet of the property line or the County Zoning Ordinance requires a greater minimum. When the property line abuts a roadway, the setback shall be measured from the centerline of the roadway.
Exception: When both the building official and the FAHJ determine that the hazard from a wildland fire is not significant or when the terrain, parcel size or other constraints on the parcel make the required setback infeasible.
Sec. 4907.4.2 Fire setbacks adjacent protected areas. Buildings and structures shall be setback a minimum of 100 feet from any property line adjacent to a national forest, state park or open space preserve. This setback may be reduced when existing permitted buildings and structures are located within 100 feet of the property line or additional mitigation measures are employed that are satisfactory to both the FAHJ and the building official.
Sec. 4907.5 Fuel modification. A fuel modification zone shall be required around every building that is designed primarily for human habitation or use or a building designed specifically to house farm animals. Decks, sheds, gazebos, freestanding open-sided shade covers and similar accessory structures less than 250 square feet and 50 feet or more from a dwelling, and fences more than 5 feet from a dwelling, are not considered structures for the establishment of a fuel modification zone. A fuel modification zone shall comply with the following:
(a) When a building or structure in a hazardous fire area is located 100 feet or more from the property line, the person owning or occupying the building or structure shall maintain a fuel modification zone within 100 feet of the building or structure. See Sec. 4907.9 "Home Ignition Zones" See Annex D for "Fuel Modification".
(b) The fire code official may increase the fuel modification zone more than the 100-foot minimum if fuel and/or topography are determined to increase the fire hazard severity.
(c) When a building or structure in a hazardous fire area is setback less than 100 feet from the property line, the person owning or occupying the building or structure shall meet the requirements in subsection (a) above, to the extent possible, in the area between the building or structure and the property line.
(d) The building official and the FAHJ may provide lists of prohibited and recommended plants.
(e) The fuel modification zone shall be located entirely on the subject property unless approved by the FAHJ. This required fuel modification zone may be reduced as allowed in subsection (c) above or increased as required by a fire protection plan.
(f) When the subject property contains an area designated to protect biological or other sensitive habitat or resource, no building or other structure requiring a fuel modification zone shall be located so as to extend the fuel modification zone into a protected area.
(g) Improved Property: Property owners shall be permitted to clear all combustible vegetation within a one hundred (100) foot radius of all buildings and structures using methods, such as mowing and trimming that leave plant root structure intact to stabilize soil. Clearing is not limited to these methods and discing, which exposes bare mineral soil, may be used if deemed necessary by the FAHJ.
1. Where the distance from the structure to the property line of the parcel on which the building is located is less than the distance required to be cleared, (100'), the adjacent parcel owner may be required to establish the required fuel break to achieve the required distance of defensible space if such requirement is approved by the Fire Code Official.
Sec. 4907.6 Fuel modification of combustible vegetation from sides of roadways. The FAHJ may require a property owner to modify combustible vegetation in the area within 20 feet from each side of the driveway or a public or private road adjacent to the property to establish a fuel modification zone. The FAHJ has the right to enter private property to ensure the fuel modification zone requirements are met.
Exception: The FAHJ may reduce the width of the fuel modification zone if it will not impair access.
Sec. 4907.7 Community fuel modification. The FAHJ may require a developer, as a condition of issuing a certificate of occupancy, to establish one or more fuel modification zones to protect a new community by reducing the fuel loads adjacent to a community and structures within it. The developer shall assign the land on which any fuel modification zone is established under this section to the association or other common owner group that succeeds the developer as the person responsible for common areas within the community.
Sec. 4907.7.1 Land ownership. Once a fuel modification zone has been established under section 4907.5 the land on which the zone is located shall be under the control of an association or other common ownership established in perpetuity, for the benefit of the community to be protected.
Sec. 4907.8 Maintenance of defensible space. Any person owning, leasing, controlling, operating or maintaining a building or structure required to establish a fuel modification zone pursuant to Sec. 4907.5 shall maintain the defensible space. The FAHJ may enter the property to determine if the person responsible is complying with this section. The FAHJ may issue an order to the person responsible for maintaining the defensible space directing the person to modify or remove non-fire resistant vegetation from defensible space areas, remove leaves, needles and other dead vegetative material from the roof of a building, maintain trees as required by Sec. 4907.8.1 or to take other action the FAHJ determines is necessary to comply with the intent of sections 4907 et seq.
Sec. 4907.8.1 Trees. Crowns of mature trees located within defensible space shall maintain a minimum horizontal clearance of 10 feet for fire resistant trees and 30 feet for non-fire resistive trees. Mature trees shall be pruned to remove limbs to maintain a vertical separation of three times the height of the lower vegetation or 6 feet, whichever is greater, above the ground surface adjacent to the trees. Dead wood and litter shall be regularly removed from trees. Ornamental trees shall be limited to groupings of 2-3 trees with canopies for each grouping separated horizontally as described in Table 4907.8.1.
TABLE 4907.8.1
DISTANCE BETWEEN TREE CANOPIES BY PERCENT SLOPE
DISTANCE BETWEEN TREE CANOPIES BY PERCENT SLOPE
Percent of Slope | Required Distances Between Edge of Mature Tree Canopies (1) |
0 to 20 | 10 feet |
21 to 40 | 20 feet |
41 plus | 30 feet |
1. Determined from canopy dimensions as described in SunsetWesternGarden Book (Current Edition)
Sec. 4907.9 Home Ignition Zones
Sec. 4907.9.1 Zone 0 "Immediate Zone" 0-5' Meaning from exterior wall surface or patio, deck or attachment to building or structure extending 5 feet on a horizontal plane. This zone shall be constructed of continuous hardscape or non-combustible materials. Removal of combustible materials surrounding the exterior wall area and maintaining area free and clear of combustible materials. The use of mulch and other combustible materials shall be prohibited.
Sec. 4907.9.2 Zone 1 "Intermediate Zone" from Zone 0 to 50' means from the immediate edge of Zone 0 extending out in a horizontal plane. This zone shall consist of planting of low growth, drought tolerant and fire resistive plant species. The height of the plants in this zone starts at 6" adjacent to Zone 0 and extending in a linear fashion up to a maximum of 18" at intersection with Zone 2. Vegetation in this zone shall be irrigated and not exceed 6' in height and shall be moderate in nature as per Sec. 4907.6.4.1. Firewood inside this zone shall be piled minimum of 30' away from all buildings and structures. Cords of firewood shall also be maintained at least 10' from property lines and not stacked under tree canopies drip lines.
Sec. 4907.9.3 Zone 2 "Extended Zone" from Zone 1 to 100' means from the immediate edge of Zone 1 extending out in a horizontal plane for 50'. This zone consists of planting of drought tolerant and fire resistive plant species of moderate height. Brush and plants shall be limbed up off the ground so the lowest branches are 1/3 height of bush/tree/plant or up to 6' off the ground on mature trees. This area would be considered selective clearing of natural vegetation and dense chaparral by removing a minimum 50% of the square footage of this area.
Section 4907.9.3 Home Ignition Zones
(Added by Ord. No. 9915 (N.S.), effective 1-30-08; amended by Ord. No. 10014 (N.S.), effective 11-13-09; repealed and reenacted by Ord. No. 10337 (N.S.), effective 6-19-14; repealed and reenacted by Ord. No. 10465 (N.S.), effective 4-14-17; repealed and reenacted by Ord. No. 10659 (N.S.), effective 3-26-20; repealed and reenacted by Ord. No. 10833 (N.S.), effective 4-13-23)
Section 5607.16 is added to the California Fire Code to read:
Sec. 5607.16.1 Applicability. This section shall apply to the manufacture, possession, storage, sale, transportation and use of explosives and blasting agents and to any blasting operation in the unincorporated area of the County. The Sheriff is the Issuing Officer for purposes of this section. The Sheriff may delegate the duties of Issuing Officer at her or his discretion. Additionally, as may be appropriate based on circumstances, the Issuing Officer may enter into memoranda of agreement with non-County fire agencies whereby such non-County agency will assume the duties of issuing a permit or permits required by this Chapter. The Issuing Officer shall determine whether a blast is a major blast or a minor blast under this section. A minor blast is subject to all conditions of this section except the inspection requirements.
Sec. 5607.16.2 Definitions. The following terms are defined in section 202:
BLASTER.
BLASTING AGENT.
BLASTING OPERATION.
BLASTING PERMIT.
BLAST SITE.
EXPLOSIVES PERMIT.
INSPECTOR.
MAJOR BLASTING.
MINOR BLASTING.
Sec. 5607.16.2.1. Application. Application for a permit required by this section shall be in the form required by the Issuing Officer.
Sec. 5607.16.3 Permit requirements. No person shall conduct blasting in the unincorporated area of the County without an explosives permit issued under this chapter. A person applying for an explosives permit shall, in addition to demonstrating compliance with fire safety requirements, also comply with all County requirements for any building permits, grading permits, use permits, encroachment permits and all other entitlements to use property, including zoning requirements and any determination under the Zoning Ordinance of nonconforming status. The applicant shall be responsible for providing proof of all necessary approvals when requested by the Issuing Officer.
Sec. 5607.16.3.2 Permit conditions. The Issuing Officer may impose conditions and procedures as are deemed reasonably necessary to protect the public health and safety based upon the facts and circumstances of a particular blasting operation. The permit conditions shall be in writing. Failure to comply with any permit condition is grounds for revocation of the permit. A blaster may request the Issuing Officer release the blaster from any permit condition if circumstances have changed that make the condition no longer applicable. In addition to complying with the County blasting regulations, a blaster shall also comply with blasting regulations of neighboring jurisdictions, for any blasting operations outside of the unincorporated area of the County conducted in conjunction with a project within the unincorporated areas of the County.
Sec. 5607.16.3.3 Insurance and indemnification required. As an additional condition for obtaining an explosives permit the applicant shall submit: (1) a certificate of insurance evidencing that the blaster has obtained a general liability insurance policy which includes coverage for explosion, collapse and underground property damage from an insurer satisfactory to the Issuing Officer, that is in effect for the period covered by the permit, written on an "occurrence" basis, in an amount of not less than $500,000 per each occurrence, naming the County and the FAHJ as an additional insured and providing that the policy will not be canceled or terminated without 30 days prior written notice to the County and (2) an agreement signed by the blaster agreeing to defend, indemnify and hold the County and its agents, officers and employees harmless from any claims or actions arising from the issuance of the permit or any blasting activity conducted under the permit.
Sec. 5607.16.3.4 Blasting hours. Blasting shall only be allowed Monday through Saturday, between the hours of 7:00 a.m. and 6:00 p.m. or ½ hour before sunset, whichever occurs first, unless special circumstances warrant another time or day and the Issuing Officer grants approval of the change in time or day.
Sec. 5607.16.3.5 Additional operational requirements. The owner of any property in the unincorporated area of the County on which any blasting is intended to occur, shall give, or cause to be given, a one-time notice in writing, for any proposed blasting to the local fire agency and dispatch center and to all residences, including mobile homes, and businesses within 600 feet of any potential major blast location or 300 feet from any potential minor blast location. The notice shall be given not less than 24 hours, but not more than one week, before a blasting operation and shall be in a form approved by the Issuing Officer. The minimum 24-hour notice requirement may be reduced to a lesser period but not less than one hour if the Issuing Officer determines that special circumstances warrant the reduction in time. Adequate precautions shall be taken to reasonably safeguard persons and property before, during and after blasting operations. These precautions shall include:
1. The blaster shall retain an inspector to inspect all buildings and structures, including mobile homes, within 300 feet of the blast site before blasting operations, unless inspection is waived by the owner and/or occupant. The inspector shall obtain permission of the owner and/or occupant before conducting the inspection. The inspection shall be only for the purpose of determining the existence of any visible or reasonably recognizable preexisting defects or damages in any building and structure. Waiver of inspection shall be in writing signed by the owner and/or occupant. Refusal to allow inspection shall also constitute a waiver. The inspector shall notify the owner and/or occupant of the consequences
of refusing an inspection shall include a refusal in the summary report filed with the Issuing Officer. The blaster shall request an inspector conduct post-blast inspections upon receipt of a written complaint of property damage if the complaint is made within 60 days of completion of blasting operations. If the blaster has knowledge of alleged property damage independent of the written complaint, the blaster shall also retain an inspector to conduct a post-blast inspection.
2. An inspector shall complete and sign pre-blast inspection reports identifying all findings and inspection waivers. The blaster shall retain the inspection reports for three years from the date of the blasting and upon a complaint of alleged damage the blaster shall immediately file a copy of the report with the Issuing Officer and provide a copy to the complainant. If there is a change in the blasting contractor after blasting has commenced on a project, a re-inspection shall be conducted in accordance with the preceding paragraph before the new blasting contractor undertakes any additional blasting.
3. The blaster shall retain an inspector to conduct a post-blast inspection of any building and structure for which a written complaint alleging blast damage has been received. A written report of the inspection shall be immediately filed with the Issuing Officer and provided to any person who made a complaint for damages.
4. The blaster shall allow any representative of the Issuing Officer to inspect the blast site and blast materials or explosives at any reasonable time.
5. If the blaster wants a representative of the Issuing Officer to witness a blasting operation the blaster shall make a request with the Issuing Officer at least 12 hours before the blast. The blaster shall confirm the request for a witness with the Issuing Officer at least one hour before the blast. The blaster shall be responsible for any cost incurred by the Issuing Officer in having a representative witness the blast.
6. The blaster shall notify the Issuing Officer on the day of a scheduled blasting operation not less than one hour before blasting.
7. All major blasting operations shall be monitored by an approved seismograph located at the nearest building and structure within 600 feet of the blasting operation. All daily seismograph reports shall be maintained by the blaster for three years from the blasting.
Sec. 5607.16.3.6 Seizure of illegal items. The Issuing Officer may seize at the owner's expense, all explosives, ammunition or blasting agents, which are illegally manufactured, sold, offered or exposed for sale, delivered, stored, possessed or transported in violation of this chapter.
Sec. 5607.16.3.7 Violations for false or misleading information. It shall be unlawful and a violation of this chapter for any person to provide false or misleading information or documentation to the County or any of its officers or employees or to any fire department, fire protection district, fire company or legally formed volunteer fire department, or its officers or employees in the unincorporated area of the County, having jurisdiction over any aspect of the explosives or blasting permit process or blasting operations.
Sec. 5607.16.3.8 Fees. A person applying to the Issuing Officer to be approved as a blaster or inspector, as defined in this section, shall pay an application fee to the Issuing Officer. A person applying for an explosives permit under this section shall pay the fee established by the Issuing Officer with the application. The amount of any fee required by this chapter shall be determined by the Issuing Officer on the basis of the full costs involved in processing an application.
(Added by Ord. No. 10337 (N.S.), effective 6-19-14; repealed and reenacted by Ord. No. 10465 (N.S.), effective 4-14-17; repealed and reenacted by Ord. No. 10659 (N.S.), effective 3-26-20; repealed and reenacted by Ord. No. 10833 (N.S.), effective 4-13-23)
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