Berkeley Municipal Code Art. 6 Fire Protection Requirements

Chapter 6 of the 2025 California Wildland-Urban Interface Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.)

SECTION 604—MAINTENANCE OF DEFENSIBLE SPACE

604.3 Requirements. Hazardous vegetation and fuels around all buildings and structures shall be maintained in accordance with the following laws and regulations:

1. Public Resources Code, Section 4291.

2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3, Section 1299.03.

3. California Government Code, Section 51182.

4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07.

5. Hazardous vegetation and fuel mitigation and home hardening requirements in Section 604.3.1 and Section 604.3.2.

604.3 Defensible Space Requirements.

604.3 Requirements. The code official may require a property owner to perform hazardous vegetation and fuel management on their land to maintain defensible space up to 100 feet from structures located on adjacent properties.

Property owners are not required or authorized by this code to enter the properties of another person to implement the requirements of this Section.

604.3.1 Mitigations Required. Within the locally designated Very High Fire Hazard Severity Zone a person who owns, leases, controls, operates, or maintains lands shall at all times:

1. Remove all branches within 10 feet of any chimney or stovepipe outlet.

2. Maintain the roof and roof gutters of any structure, and the surface of any attached deck, porch, landing, or stairs free of leaves, needles, or other deposited vegetative materials.

3. Maintain 6 feet of vertical clearance between branches and all other parts of trees or other vegetation overhanging the roof or other portion of any Structure or attached deck.

4. Zone 0: 0-5 feet from any structure: The requirements of 604.3.1.5 (Zone 1) below apply to this zone.

5. Zone 1: 5 to 30 feet from any structure:

a. Remove contiguous vegetation without adequate fuel separation to prevent spread to the structure.

b. Maintain any tree, shrub, or other plant adjacent to or overhanging any Structure or attached deck free of dead or dying wood.

c. Maintain trees to remove Ladder Fuels so that foliage, twigs, or branches are greater than 6’ feet above the ground or surface fuels.

d. Where shrubs or small trees 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 6 feet, whichever is greater.

e. For structures on the same property, such as a shed, hot tub, and playset, ensure these structures are spaced at least 10 feet apart. Have at most three (3) of these structures within 30 feet of a building or structure.

i. Existing moveable structures shall comply with the above.

f. Relocate exposed firewood piles or lumber further than zone 1, unless they are completely covered in a fire-resistant covering approved by the State Fire Marshal’s Building Material Listing Service.

6. Zone 2: 30 to 100 feet from any structure:

a. All exposed wood piles or lumber must have a perimeter of a minimum of ten feet (10 ft.) of non-combustible material, such as bare mineral soil, in all directions.

7. For both Zones 1 and 2:

a. Remove vegetative and combustible material capable of transmitting fire to a structure as determined by the Fire Code Official.

b. Dead and dying woody surface fuels and aerial fuels shall be removed. Loose surface litter, normally consisting of fallen leaves or needles, twigs, bark, cones, and small branches, shall be permitted to a maximum depth of three inches (3 in.).

c. Cut annual grasses and annual forbs to a maximum height of four inches (4 in.) prior to, or upon reaching the senescent or ripening phase when the preponderance of vegetative material is cured or dead.

d. Vertical Spacing: Limb trees by removing hanging bark, debris and branches that are within six feet (6 ft.) of the ground.

e. Create horizontal and vertical spacing among shrubs and trees using the "Fuel Separation" method, the "Continuous Tree Canopy" method or a combination of both to achieve defensible space clearance requirements. Further guidance regarding these methods is contained in the State Board of Forestry and Fire Protection's, "General Guidelines for Creating Defensible Space, February 8, 2006," incorporated herein by reference.

f. Maintain horizontal spacing between shrubs.

i. Flat or mild slope (less than 20%): Two times the height of the shrub.

ii. Mild to moderate slope (20-40%): Four times the height of the shrub.

iii. Moderate to steep slope (greater than 40%): Six times the height of the shrub.

iv. Shrubs maintained as trees, such as limited stems and limbed up 6 feet or one third the height, whichever is greater, shall comply with requirements for trees, and not this section.

v. Consistent with fuel management objectives, steps should be taken to minimize erosion, soil disturbance, and the spread of flammable, non-native grasses and weeds.

g. New trees shall be planted and maintained so that the tree’s drip line at maturity is a minimum of 10 feet from any structure or the canopy of other trees.

604.3.2 Specific requirements for Panoramic Mitigation Area and Grizzly Peak Mitigation Area. Effective January 1, 2026 the Grizzly Peak Mitigation Area and Panoramic Mitigation Area shall be subject to 604.3.2 in addition to 604.3.1.

A person who owns, leases, controls, operates, or maintains lands shall at all times:

1. Zone 0: 0 to 5 feet from any structure:

a. Maintain all areas within five (5) horizonal feet of any structure, outbuildings, attached deck or stairs, and the area under attached decks and stairs free of vegetative and non-vegetative combustible material.

i. This includes but is not limited to shrubs, vegetative ground cover, climbing vines, combustible boards, timbers, firewood, debris, synthetic lawn, wood mulch products, playsets, plastic tra

all areas within five (5) horizonal feet of any structure, outbuildings, attached deck or stairs, and the area under attached decks and stairs free of vegetative and non-vegetative combustible material.

i. This includes but is not limited to shrubs, vegetative ground cover, climbing vines, combustible boards, timbers, firewood, debris, synthetic lawn, wood mulch products, playsets, plastic trash and recycle cans, trellises, pergolas, shade coverings, planters, attached window boxes, privacy walls, boats, RVs, and other material that could be ignited by embers, radiant heat, or direct flame.

ii. Hardscape materials, such as gravel, pavers, concrete, and other noncombustible materials, including bare mineral soil, are permitted.

iii. Exception: Plants in pots are allowable if they are in areas that are not directly beneath, above, or adjacent to a window or eave; are kept in an unaffixed, non-combustible pot or container that is no larger than 5-gallon capacity; and set apart by 1.5 times the height of the plant or 12 inches, whichever is greater, from the structure and each other. These plants shall be no greater than 18 inches in height. Dead or dying material on, around and under the plants shall be removed.

iv. Exception: Hot tubs may be installed within five (5) horizontal feet of a structure, provided they comply with all Zone 0 clearance requirements applicable to structures.

b. Trees: Existing trees and shrubs are permitted in Zone Zero if:

i. Maintained free of dead material.

ii. The crown (canopy) is maintained to create:

1. Six feet (6’) above the adjacent building or structure’s roof;

2. Ten feet (10’) away from chimneys and stovepipe outlets; and

3. Five feet (5’) of horizontal clearance from the sides of any Building, Structure, attached deck, porch, landing or stairs, and hot tubs within five (5) feet of a structure.

a. Exception: trees integrated into a deck must maintain 5 feet horizontal separation from the adjacent structure and branches must be 6 feet above the deck.

4. 6' of vertical clearance above attached decks, attached, landing or stairs, and hot tubs within 5’ of a structure.

c. The roof and rain gutters of a Building or Structure shall be kept clear of leaves, needles, and vegetative material.

d. Existing fences that are directly attached to a Building or Structure shall have a five foot (5 ft) non-combustible span at the point of attachment.

i. Existing fences that are not parallel to the adjacent structure wall, and are within 5 feet of that wall, shall have a non-combustible span within the first 5 feet of the structure perpendicular to the exterior structure wall.

ii. Existing parallel fences that do not touch the structure are allowed.

e. After the effective date of this regulation, no new or replacement sections of combustible fence are permitted within 5 feet of a building or structure including an attached deck.

f. Outbuildings are not permitted in Zone 0, unless constructed according to the standards in Chapter 7A (commencing with Section 701A.1) of Part 2 of Title 24 of the California Code of Regulations. Outbuildings that meet these standards shall be considered part of the Building or Structure for the purpose of measuring Zone 0.

SECTION 605—SPARK ARRESTORS

605.1 General. Chimneys serving fireplaces, barbecues, incinerators or decorative heating appliances in which solid or liquid fuel is used shall be provided with a spark arrestor. Spark arrestors shall be constructed of woven or welded wire screening of 12 USA standard gage wire (0.1046 inch) (2.66 mm) having openings not exceeding 1/2 inch (12.7 mm). The arrestor shall be securely attached to the chimney or stovepipe and shall be adequately supported. The use of bands, mollies, masonry anchors or mortar ties are recommended depending upon the individual need. See California Building Code Section 2113A.9.2 ("Spark arrestors") for specifications.

SECTION 606—LIQUEFIED PETROLEUM GAS INSTALLATIONS

606.1 General. The storage of liquefied petroleum gas (LP-gas) and the installation and maintenance of pertinent equipment shall be in accordance with the California Berkeley Fire Code.

606.2 Location of containers or tanks. LP-gas containers or tanks shall be located within the defensible space in accordance with the California Berkeley Fire Code.

(Ord. 7991-NS § 1, 2025)