Big Bear Lake Municipal Code Ch. 15.40 California Fire Code and California Wildland-Urban Interface Code

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Editor's note— Ord. No. 2025-525, § 5, adopted December 10, 2025, in effect repealed Ch. 15.40 and enacted a new Ch. 15.40 as set out herein and as may later be amended. Former Ch. 15.40 pertained to the California Fire Code and derived from Ord. No. 2010-411, adopted November 22, 2010; Ord. No. 2014-433, adopted July 14, 2014; Ord. No. 2016-453, adopted October 24, 2016; Ord. No. 2019-475, adopted October 28, 2019; and Ord. No. 2022-508, adopted November 7, 2022.

A. Chapter 1, of the 2025 California Fire Code is hereby amended to read as follows:

Section 101.1 is amended to read:

101.1 Title. These regulations and adopted standards and interpretations, as approved by the fire code official and Big Bear Fire Authority, shall be known as the "Fire Code of the Big Bear Fire Authority," hereinafter referred to as, "Big Bear Fire Authority Fire Code," or "this code."

Section 103.2 is deleted.

Section 104.10 is amended to read:

104.10 Fire Investigations. The Big Bear Fire Authority ("fire department" or "department") shall have the authority to investigate the cause, origin, and circumstances of any fire, explosion, release of hazardous materials or other hazardous condition. The fire chief or fire code official shall be responsible to pursue any investigation to its conclusion. Information that could be related to trade secrets or processes shall not be made part of the public record except as directed by a court of law.

Section 104.11.4 is added to read:

104.11.4 Authority as Peace Officers. The Fire Chief is authorized to designate a member, or members, of the department as peace officers pursuant to California Penal Code Sections 830.37(a)-(b) and 836.5(a). The Fire Chief, Fire Marshal and those members designated as investigators by the Fire Chief, shall have the full powers of a peace officer and shall be authorized to conduct investigative detentions, issue criminal citations, and make arrests pursuant to California Penal Code Section 836 for any violation of this code or any referenced or state law, obtain and execute warrants and to seize and take charge of all physical evidence relating to the fire cause or other crime or circumstance being investigated.

Section 104.12 is added to read:

104.12 Cost Recovery. Fire suppression, investigation, plan review, administrative costs, emergency abatement, and rescue or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1 and by Authority resolution.

Section 104.13 is added to read:

104.13 Expenses for Securing an Emergency. Any person who negligently or intentionally, or in violation of law, causes an emergency response, including, but not limited to, a traffic accident or spill of toxic or flammable or combustible liquids or chemicals, is liable for the costs of securing such emergency, including those costs set out in Health and Safety Code Section 13009 et seq. and Government Code Section 53150 et seq. Any expense incurred by the fire department for securing such an emergency situation shall constitute a debt of such person and shall be collectible by the Authority in the same manner as in the case of an obligation under contract, express or implied.

Section 105.5.5 is amended to read:

105.5.5 Carnivals, Fairs, Block Parties, and Other Outdoor Assemblage. An operational permit is required to conduct a carnival, fair, block party, race, concert, parade or other similar outdoor assemblage whether, public or private, when in the opinion of the fire code official, a permit and specific conditions are required due to the nature or location of the activity.

Section 105.5.36 is amended to read:

105.5.36 Open Burning. An operational permit is required for the kindling or maintaining of an open fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be adhered to. Delete Exception: Recreational fires.

Section 105.5.40 is amended to read:

105.5.40 Outdoor assembly event. An operational permit is required to conduct an outdoor assembly, temporary use or other special event where planned attendance exceeds 300 persons per day.

105.5.54 is amended to read:

105.5.54 Wood products. An operational permit is required for the operation of a firewood processing facility and for the storage of wood chips, hogged material or plywood in excess of 200 cubic feet (6 m3).

105.5.60 is added to read:

105.5.60 Christmas tree sales. An operational permit is required for the operation of a Christmas tree lot, stand or other site selling Christmas trees.

Section 112.1 is amended to read:

112.1 Hearing Officer and Appeals Board Established. In order to hear and decide appeals of orders, decisions, or determinations made by the fire code official relative to the application and interpretation of this code, the Authority may contract with or otherwise designate a hearing officer to consider appeals from an order, decision or determination by the fire code official. Certain appeals involving enforcement by the County may also be heard by the County Fire Protection District Fire Chief/Fire Warden, the Fire Chiefs/Fire Warden's designee, or other hearing officer so designated by the County and/or the County Fire Protection District in accordance with their appeal procedures, including any subsequent review or appeals. In order to hear and review a hearing officer's decision (except those involving enforcement by the County), a committee of the Big Bear Fire Authority Board of Directors shall serve as an Appeals Board. The Appeals Board shall be comprised of the Chairman of the Authority Board of Directors and four other members of the Board of Directors appointed by the Chairman. The hearing officer(s) and Appeals Board may adopt additional rules of procedure for conducting their business.

Section 112.2 is amended to read:

112.2 Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The hearing officer and Appeals Board shall not have authority to waive requirements of this code or interpret the administration of this code.

Section 112.4 is amended to read:

112.4 Administration. The fire code official shall take immediate action in accordance with the decision of the hearing officer once such decision is final, or of a final decision of the Appeals Board.

Sections 112.5 to 112.9 are added to read:

112.5 Requests for Appeal to a Hearing Officer. Any person desiring to appeal an order, decision, or determination of the fire code official relative to the application and interpretation of this code, may file a request with the Secretary of the Board of Directors or other person identified in the order, decision, or determination for a hearing before a hearing officer within 15 days after the date such order, decision, or determination is rendered or enforcement began. An appeal request shall be in writing, shall state the specific reasons for the appeal and the grounds asserted for relief, and shall include with the request the hearing fee as further described below. The enforcement to be reviewed is suspended until the determination of the hearing, unless a hazardous condition exists. The failure to file an appeal within the time or in the manner prescribed in this section, or to include the hearing fee, waives the right to appeal.

112.6 Hearing Procedures - Hearing Officer. Upon receipt of a request for a hearing before a hearing officer, the Secretary of the Board of Directors or other person identified in the order, decision, or determination shall refer the matter to the hearing officer, which shall hold a hearing not less than 10 days nor more than 30 days after the date of the filing of the request for hearing. The hearing officer shall give written notice of the time and place of the hearing to the appellant and the fire code official involved at least 10 days prior to the hearing. Witnesses may be sworn and evidence produced, and parties may be represented by counsel. The hearing officer shall keep a record of the proceedings of each hearing and shall issue written findings and a decision within 15 days after the conclusion of the hearing. All such decisions shall be mailed to the parties by first class mail, postage prepaid, at such addresses as they have provided. The hearing officer's decision is final 15 days after service of the hearing officer's decision on the appellant, unless Appeals Board review is timely requested either by the fire code official or appellant.

112.7 Requests for Review by Appeals Board. To request Appeals Board review of a hearing officer's decision, the appellant or fire code official may file a request with the Secretary of the Board of Directors for a hearing before the Appeals Board within 15 days after the date of service of the hearing officer's decision. A request for review shall be in writing, shall state in detail the reasons for review and the error(s) alleged in the hearing officer's decision, and shall include with the request the hearing fee as further described below. The enforcement to be reviewed is suspended until the determination of the hearing, unless a hazardous condition exists. The failure to file a request for review within the time or in the manner prescribed in this section, or to include the hearing fee, waives the right to seek review by the Appeals Board.

112.8 Hearing Procedures—Appeals Board. Upon receipt of a request for a hearing before the Appeals Board, the Secretary of the Board of Directors shall refer the matter to the Appeals Board, which shall hold a hearing not less than 10 days nor more than 45 days after the date of the filing of the request for review. The Appeals Board shall give written notice of the time and place of the hearing to the appellant and the fire code official involved at least 10 days prior to the hearing. The parties may be represented by counsel and witnesses may be sworn and evidence produced; provided, however, that the Appeals Board shall be authorized to deny the introduction of supplementary evidence and decide the matter after oral argument, to admit supplementary evidence with respect to challenges of particular findings, or reject the hearing officer's findings and conclusions and conduct a de novo hearing. The Appeals Board shall keep a record of the proceedings of the hearing and shall issue written findings and a decision within 15 days after the conclusion of the hearing. All such decisions shall be mailed to the parties by first class mail, postage prepaid, at such addresses as they have provided. The Appeals Board's decision is final 15 days after service the decision on the appellant.

112.9 Fees and Costs. A request for a hearing before either a hearing officer or the Appeals Board shall require the Secretary's receipt of payment of a hearing fee, which may be determined and set by the fire department to cover the cost of preparing the record for the appeal and for any other costs or expenses of conducting the hearing. Unless otherwise specified by resolution, the appeal fee is $250. After all appeals have been exhausted, the fire department will refund any portion of the appeal fee(s) which are not used. A summary of the costs will be compiled and sent to the appellant and paid within thirty (30) days of exhaustion of all appeals.

Section 113.4 is amended to read:

113.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements of this code or shall fail to comply with any of the requirements thereof or shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 dollars and/or by imprisonment not exceeding 6 months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. (H&S Code Section 13145 and 17995).

Section 113.4.1 is amended to read:

113.4.1 Abatement of violation. In addition to the imposition of penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. In the event that a hazardous condition exists, as determined by the fire code official and in accordance with this chapter, the fire code official may give notice to the owner of the property upon which a hazardous condition exists to abate such condition. In the event that abatement is not performed within the time frames granted by such notices or other written documentation, and or is deemed an immediate threat to public safety, the fire code official may cause abatement to be done in accordance with public nuisance abatement procedures and make the expense of such abatement a lien upon the property at which such condition exists.

B. Chapter 2 of the 2025 California Fire Code is hereby amended to read as follows:

Section 202 is amended by adding the following definitions:

All Weather Driving Surface.

Unless otherwise defined within other Codes, Rules, Standards or Regulations, the following are considered to be All Weather Driving Surfaces:

A. Three-inch (3") Type II AC. pavement on four inch (4") crushed aggregate base.

B. Six-inch (6") Type II AC. pavement on native soil.

C. Six-inch (6") Portland cement concrete pavement on native soil.

D. Any other surface as determined by the fire code official to meet the intent of this Code.

Barbecue Grill (also known as a barbeque or BBQ).

A portable or fixed device, constructed of steel, concrete, clay, or other non-combustible material, for the primary purpose of cooking food over a liquefied petroleum, natural gas, or charcoal-fueled fire.

Barbecue Pit.

A trench or depression in the ground in which wood or other clean solid fuel is burned to produce a bed of hot coals for the sole purpose of cooking. A barbecue pit having a fuel area greater than 3 feet in width or 2 feet in height shall be considered a bonfire.

Open Fires.

Any outdoor fire, recreational fires and bonfires, portable outdoor fireplaces, barbecues and barbecue pits, wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber.

C. Chapter 3 of the 2025 California Fire Code is hereby amended to read as follows:

Section 305.3 is amended to read:

305.3 Open-flame Warning Devices. Open-flame warning devices shall not be used along an excavation, road or any other place where the dislodgment of such device may permit the device to roll, fall or slide onto any area or land containing combustible materials. EXCEPTION: This section shall not apply to public safety personnel acting in the performance of their duties.

Section 305.6 is added to read:

305.6 Spark arrestors. Each chimney used in conjunction with a fireplace, portable outdoor fireplace, or other heating appliance in which solid fuel is burned, shall be maintained with an approved spark arrester. The spark arrestor shall have heat and corrosion resistance equivalent to 12-gauge wire, 19-gauge galvanized wire or 24-gauge stainless steel. Openings shall not permit the passage of spheres having a diameter larger than one-half inch (13 mm) maximum and shall not block the passage of spheres having a diameter of less than three-eighths inch (10 mm). The screen shall be mounted in or over all outside flue openings in a vertical or near vertical position, adequately supported to prevent movement and shall be visible from the ground. All spark arrestors shall be accessible and removable for cleaning.

Section 307.1 is amended to read:

307.1 General. A person shall not kindle, or maintain any fire, or allow any fire to be kindled or maintained on their property unless in accordance with this Code.

Section 307.2 is amended to read:

307.2 Permit Required. When required pursuant to Section 105.6.32, a permit shall be obtained prior to kindling any open fire.

EXCEPTION: Barbecues, portable outdoor fireplaces or fire rings using propane, natural gas or charcoal briquettes.

Section 307.3 is amended to read:

307.3 Extinguishment Authority. The fire code official is authorized to order or cause the extinguishment of any fire that creates or adds to a hazardous condition, creates smoke emissions offensive to occupants of surrounding properties, is conducted without a permit when such a permit is required, or is conducted outside of the parameters set forth in this section or a permit, when required.

Sections 307.4 through 307.5 are deleted. Section 315.8 is added to read:

315.8 Outside Storage of Firewood. Firewood and combustible material stored and for consumption on residential properties, shall be neatly stacked free from accumulations of pine needles and other debris. Firewood that is used for private consumption is limited to five (5) cords. Firewood stored against a structure shall be stored in a weather resistant structure and or covered in a fire resistant fabric.

D. Chapter 4 of the 2025 California Fire Code is hereby amended to read as follows:

Section 403.11.1 is amended to read:

403.11.1 Fire Watch Personnel. When, in the opinion of the fire code official, it is essential for public safety in a place of assembly or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest or activity, the fire code official may require, at the expense of the owner, agent or lessee, one or more fire department personnel to perform fire watch duties, as required and to remain on duty during the times such places are open to the public or when such activity is being conducted.

EXCEPTION: The fire code official may require the owner, agent or lessee to provide one or more fire watch personnel.

E. Chapter 5 of the 2025 California Fire Code is hereby amended to read as follows:

Section 503.2.1 is amended to read:

503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315.2 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 14 feet 6 inches (4450.08 mm).

EXCEPTIONS:

1. Driveways of one- and two-unit family dwellings shall be a minimum of 12 feet in width.

2. Driveways of one- and two-unit family dwellings exceeding 150 feet in length shall be a minimum of 14 feet in width.

3. Required access road dimensions may be modified when, due to location on property, topography, waterways, nonnegotiable grades or other similar conditions, the fire code official determines that the conditions cannot be met.

Section 503.2.3 is amended to read:

503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all weather driving capabilities. Where road grades do not exceed eight percent (8%), and where serving only one- or two-unit family dwellings or accessory Group U occupancies, the fire code official may approve roads constructed with approved native materials or gravel compacted to eighty five percent (85%) compaction.

Section 503.4 is amended to read:

503.4 Obstruction of Fire Apparatus Access Roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. Any condition that serves as an impediment to fire access, or any vehicle or other obstruction to fire access may be removed at the order of the fire code official, with the expense of such removal to be paid by the owner of the roadway, or of said vehicle or obstruction.

Section 507.1 is amended to read:

507.1 Required Water Supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction.

EXCEPTION: For single one- and two-unit family dwellings and detached garages, not part of a parcel map, tentative tract or other similar planned development, an approved automatic residential fire sprinkler system or an approved self-contained residential automatic sprinkler system may be considered as an adequate water supply with no additional on-site water source required.

Section 507.3 is amended to read:

507.3 Fire Flow. Fire flow requirements for buildings or portions of buildings and facilities shall be determined by an approved method or Appendix B.

EXCEPTION:

1. For single one- and two-unit family dwellings and detached garages, not part of a parcel map, tentative tract or other similar planned development, the installation of an approved automatic residential fire sprinkler system or an approved self-contained residential automatic sprinkler system may be considered an approved fire flow.

2. No water supply or fire sprinkler system is required for detached Group U occupancies not used for industrial or commercial properties when structures are located 50 feet or farther from the property lines and any dwelling.

Section 507.3.1 is added to read:

507.3.1 Inadequate Fire Flow. In areas which are unable to be provided with required fire flow, buildings shall be provided with an approved NFPA sprinkler system. On-site water storage requirements for occupancies other than Group R, Division 3 may be reduced to a 30-minute minimum sprinkler demand.

F. Chapter 9 of the 2025 California Fire Code is hereby amended to read as follows:

Section 903.2.11.7 is added to read:

903.2.11.7 Building Fire Area 5,000 Square Feet or More in Size. An approved automatic fire sprinkler system shall be provided throughout in all newly constructed buildings and structures of any occupancy group when the gross fire area, as defined in the California Building Code, is equal to or exceeds 5,000 square feet.

1. EXCEPTIONS: Detached Group U occupancies accessory to a one- or two-family dwelling that are not used for commercial or industrial purposes.

Section 903.2.11.8 is added to read:

903.2.11.8 Additions to Existing Buildings. When an addition to an existing residential structure results in a structure greater than 5,000 square feet and the addition is 50% or more of the original square footage, the entire structure shall be provided with an automatic sprinkler system.

Section 903.7 is added to read:

903.7 Freeze Protection. All sprinkler systems shall be suitably freeze-protected for climatic conditions as prescribed by the fire code official.

EXCEPTION: New or used mobile homes or manufactured homes that are used or intended for use as a dwelling, and new or used multifamily manufactured homes with two dwelling units, are exempt pursuant to State law. (H&S Code§ 18015; 25 CCR§ 4300.)

G. Chapter 56 of the 2025 California Fire Code is hereby amended to read as follows:

Section 5601.1.3 is amended to read:

5601.1.3 Fireworks. The possession, manufacture, storage, sale, and use of fireworks is prohibited.

Delete Exceptions: 1 - 4

Exception: A permit may be issued by the fire code official in accordance with Section 5608 for the use of fireworks or pyrotechnics for public fireworks display or special effects in motion picture, television, theatrical productions.

Section 5601.1.3.1 is added to read:

5601.1.3.1 Seizure. The fire code official is authorized to remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed or used in violation of this chapter.

H. Chapter 57 of the 2025 California Fire Code is hereby amended to read as follows:

Section 5704.4.9 is added to read:

5704.4.9 Tank Storage Prohibited. Pursuant to this Section 5704, the storage of flammable and combustible liquids in outside aboveground unprotected tanks and below grade vaulted tanks shall be prohibited in areas where the fire code official determines that the installation of flammable and combustible aboveground storage tanks or below grade vaulted tanks will create a hazard to occupants and property owners in the area.

I. Chapter 80 of the 2025 California Fire Code is hereby amended to read as follows:

NFPA 13D is amended as follows:

Section 6.2.2 is amended to add subsection (2) to read as follows:

6.2.2(2) Where stored water is used as the sole source of supply for the sprinkler system, the minimum quantity shall equal the water demand rate times 10 minutes.

J. Appendix B of the 2025 California Fire Code is hereby amended to read as follows:

Section B105.2 of Appendix B is amended to read:

B105.2 Buildings Other than One- and Two-Unit Family Dwellings. The minimum fire flow and flow duration for buildings other than one- and two-unit family dwellings shall be as specified in Table B105.1.

EXCEPTION: A reduction in required fire flow of up to 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2. A reduction in required fire flow of up to 75 percent is allowed for isolated buildings of Group U occupancy, agricultural uses, or other low hazard uses when approved by the fire code official. The resulting fire flow shall not be less than 1,500 gallons per minute (5678 L/min) for the prescribed duration as specified in Table B 105.1.

K. Appendix C of the 2025 California Fire Code is hereby amended to read as follows:

Section C103.4 is added to read:

C103.4 Fire Hydrants Available. The number of fire hydrants available to a complex or subdivision shall not be less than that determined by spacing requirements specified in this Appendix C when applied to fire apparatus access roads and perimeter public streets from which fire operations could be conducted.

Section C103.1 is amended to read:

C103.1 Maximum Spacing. The average spacing between fire hydrants shall not exceed 300 feet (91m) in industrial, commercial, and multifamily development, and 600 feet (183m) in all single-family developments. Spacing of fire hydrants along public streets shall also be guided by other County or Authority public works standards.

EXCEPTION: The fire code official is authorized to accept a deficiency of up to ten (10) percent where existing fire hydrants provide all or a portion of the required fire hydrant fire flow.

Table C102.1 is deleted.

L. The 2025 California Wildland-Urban Interface Code is hereby amended to read as follows:

Section 401.4 is added to read:

401.4 Additional Requirements. Dependent upon specific site conditions (e.g., building separation, property line setbacks, fire flow, road conditions, slope, vegetation, etc.) or a combination of conditions, the Authority may require structures to meet more stringent construction standards (e.g, exterior walls to be constructed to the modified or full one-hour construction standards, etc.) as additional mitigation to the fire threat.

Section 604.1 is amended to read:

604.1 General. Hazardous vegetation and fuels shall be managed, at all times, to reduce the severity of potential exterior wildfire exposure to buildings and to reduce the risk of fire spreading to buildings in accordance with Section 603.

Section 604.2.1 is added to read:

604.2.1 Application. Those areas protected by the Big Bear Fire Authority shall be classified as a Very High Fire Hazard Severity Zone.

Section 604.6.1 is added to read:

604.6.1 Requirements. It shall be the responsibility of every property owner, occupant, and person in control of any land interest to abate the accumulation of forest fuels around their property, through implementation of the following measures within twenty (20) feet of roads, streets, highways, driveways, and parking lots, and within (100) feet of all aspects of a structure or to the property line (whichever is less).

a. Remove all dead, burnable fuels, including but not limited to all pine needles, leaves, pine cones, and branches on roofs, on and under decking, noxious weeds or vegetation, dry grass, logs, dead-dying trees, identified hazard trees, dead branches, limbs in trees and shrubs, grass four inches and higher, pine needles on the ground down to a two-inch depth, and all combustible rubbish, debris, or noxious material that constitutes a fire, health, or safety hazard, or which may endanger or injure neighboring property, or the health, safety, or well-being of persons or property.

b. Thin dense groups of trees (less than six inches in diameter) to six to eight-foot spacing, measured trunk to trunk. Removal of any live tree with a diameter of more than six inches measured at four and one-half feet above the ground requires approval by the city.

c. In areas with a continuous canopy, any tree taller than forty-five (45) feet shall have its branches pruned back to the trunk if the limbs and branches have any portion lower than twelve (12) to fifteen (15) feet from the ground. A tree shorter than forty-five (45) feet shall be pruned to remove any live or dead limbs and branches up (6) feet or no more than 25% of total height. For non-continuous canopy areas, tree branches shall be pruned to remove limbs located less than 6 feet above the ground surface. Exception: Deciduous trees. Specimen and individual standing trees could/shall be prescribed specific abatement requirements.

d. All native brush, shrubs and other highly flammable vegetation shall be installed and maintained in a manner that minimizes fire risk, including, without limitation, by removing dead branches and twigs at all heights, pruning the lower 25% foliage of branches, and selectively pruning to reduce the density of the plant.

e. Native brush or other highly flammable vegetation shall be installed and maintained with horizontal spacing such that the space between two shrubs (horizontally) shall be a minimum of two times the height of the tallest shrub. Individual shrubs or groups of shrubs clumped together shall be modified so that their diameter does not exceed fifteen (15) feet. Groups of shrubs clumped together with a diameter of fifteen (15) feet or less shall be treated as a single plant.

f. Any limbs, branches that have any portions less than ten (10) feet from chimney opening shall be completely removed. Limbs and branches located within ten (10) feet vertical and horizontal distance from the roof line or overhang a structure shall be abated. Any tree limbs and branches identified as a fire hazard within 5 feet of a structure shall be abated.

g. All litter generated from clearing and trimming shall be properly disposed of within ten (10) days, except that any logs infested with bark beetles or GSOB shall be treated prior to removal as recommended by the California Department of Forestry or a qualified tree expert.

h. Firewood and combustible material stored and for consumption on residential property shall be neatly stacked free from accumulations of pine needles and other debris. Firewood that is used for private consumption is limited to five (5) cords. Firewood shall be stored in a weather resistant structure and or covered in a fire resistant fabric at all times. Firewood should be stacked away from the drip line of trees.

i. All pine needles and leaves shall be removed from within five (5) feet of a structure. Exception: Greater than 5 feet from a structure, up to two (2) inches of duff layer (dark layer of decomposing needles and leaves) may remain to prevent soil erosion and promote soil health.

Sections 604.6.2 is added to read:

604.6.2 Native Brush, Shrubs and Other Highly Flammable Vegetation and Outdoor Storage and Uses.

604.6.2.1 Requirements for Shrubs on Properties. Native brush or other highly flammable vegetation shall not be planted or maintained within fifteen (15) feet of any building or structure, including, without limitation, any deck or patio and within twenty (20) feet of roads, streets, highways, driveways, and parking lots. All owners of any real property shall be required to fully comply with this provision by abating the offending native brush and shrub, which shall be considered a nuisance.

a. All native brush, shrubs and other highly flammable vegetation shall be installed and maintained in a manner that minimizes fire risk, including, without limitation, by removing dead branches and twigs at all heights, pruning the lower 25% of branches, and selectively pruning to reduce the density of the plant.

b. Native brush or other highly flammable vegetation shall be installed and maintained with horizontal spacing such that the space between two shrubs (horizontally) shall be a minimum of two times the height of the tallest shrub. Individual shrubs or groups of shrubs clumped together shall be modified so that their diameter does not exceed fifteen (15) feet. Groups of shrubs clumped together with a diameter of fifteen (15) feet or less shall be treated as a single plant.

c. Subsections B, C, and D of this Section shall not apply to an isolated shrub or shrubs that have been heavily modified by thinning and pruning up, nor to activities within the boundaries of a plant conservation easement area that do not, in the opinion of the fire chief, or his or her designee, constitute a fire hazard. In deciding whether such shrub or shrubs constitute a fire hazard, the fire chief, or his or her designee, shall consider: (i) the proximity of the shrub(s) to other buildings or structures; (ii) the types of shrub(s) involved; (iii) the potential threat of the shrub(s) to the public health, welfare and safety; and (iv) any other factors that the fire chief, or his or her designee, deem relevant when considering the public health, safety and welfare, including, without limitation, whether such shrub(s) is endangered, rare or threatened.

d. Cut and/or thinned vegetation shall be disposed of no later than ten (10) days after cutting.

604.6.2.2 Definitions/Administration and Enforcement.

a. For the purposes of this Section, these following terms shall be defined as follows:

1. Modify or abate shall mean any action that physically affects a plant, ranging from pruning or thinning to complete removal (other than the removal of the root ball);

2. Native brush shall be defined as Manzanita (arctostaphylos patula), Service Berry, Mountain Whitethorn, Sage and Mountain Mahogany (cercocarpus ledifolius) (brush form) (commonly known in Big Bear Valley as Ironwood), as well as such other species as the fire chief, or his or her designee, may, from time to time, determine constitutes a fire hazard. In making such a determination, the fire chief shall consider, without limitation, the following: (i) the type of native brush and/or shrub species the fire chief, or his or her designee, is considering adding to the definition of "native brush" and whether such species is threatened or endangered; (ii) the fire, health or safety hazard of such native brush and/or shrub species to the territory of the Authority and the surrounding community; (iii) the ability of the native brush and/or shrub species to damage neighboring . property; (iv) the ability of the native brush and/or shrub species to adversely impact the health, safety or welfare of persons and/or property; and (v) any other factors that the fire chief, or his or her designee, deem relevant when considering the public health, safety and welfare;

3. Highly Flammable Vegetation shall be defined as any ornamental shrub, tree or plant, other than native brush, which is known to exhibit high flammability due to its high oil or resin content and/or is prone to the production of large amounts of dead leaves or other foliage within or under the plant. Examples of highly flammable vegetation include, but are not limited to, ornamental juniper species, ornamental cypress species, Spanish Broom, Scotch Broom and rosemary;

4. "Owner" means any person, firm, corporation or entity, including without limitation, any homeowner's association that has any legal or equitable interest in real property, as shown on public records. In the event real property is leased or rented, the lessee or tenant shall be responsible for all obligations imposed on any owner under this chapter;

5. "Shrubs" means a woody plant smaller than a tree, usually having multiple permanent stems branching from or near the ground. Shrubs include, without limitation, native brush;

6. "Vacant lot(s)" means a parcel(s) of property currently undeveloped or unimproved by any building or structure.

b. The fire chief, or designee, shall enforce the provisions of this chapter with respect to any and all properties as he or she deems necessary for the public health, safety and welfare. In making such a determination, the fire chief, or his or her designee, shall consider: (i) the proximity of the brush and/or shrubs to other buildings or structures; (ii) the types of brush and/or shrubs involved; (iii) the potential threat of the brush and/or shrubs to the public health, welfare and safety; (iv) the determination of any other public agencies as to the fire danger of the area; and (v) any other factors that the fire chief, or his or her designee, deem relevant when considering the public health, safety and welfare.

Any public official or person designated to administer or enforce this chapter shall be authorized to enter upon private property in order to conduct an inspection, post notices, perform abatement/modification, or any other action necessary or convenient to the administration and enforcement of this chapter. In the event a judicial warrant is required, such person or designee shall obtain a warrant pursuant to the California Code of Civil Procedure, Sections 1822.50 et seq.

604.6.2.3 Environmental Exemptions. The modification of brush or shrubs, as described in this Section, shall be exempt from the provisions of this chapter if any or all of the following would occur:

a. The activities would result in the taking of endangered, rare, or threatened plant or animal species. By way of example, and not by way of limitation, the following species of plant are, as of the date of the ordinance adopting this chapter, not threatened or endangered and are subject to the provisions of this chapter:

1. The arctostaphylos patula species of Manzanita;

2. The cercocarpus ledifolius species of Mountain Mahogany (brush form) (commonly known in Big Bear Valley as Ironwood);

3. Sage species that occur in the Big Bear Valley.

b. The activities would result in significant erosion and sedimentation of surface waters. The owner of each piece of real property shall, when performing modifications required by this chapter, keep soil disturbance to a minimum, especially on steep slopes. Erosion control techniques such as leaving root balls intact, minimizing use of motorized equipment, and covering exposed disturbed soil areas with mulch or similar materials shall be employed in order to help reduce soil erosion and plant re-growth.

604.6.2.4 Exceptions.

a. Nurseries and other similar agricultural and/or horticultural uses shall be exempt from this chapter, provided the fire chief, or his or her designee, shall have the discretion to enforce the provisions of this chapter with respect to such businesses as he or she deems necessary to promote the public health, safety and welfare as it relates to fire safety and/or the health of the forest. In using his or her discretion, the fire chief, or his or her designee, shall consider: (i) the health of the brush and/or shrubs involved; (ii) whether the brush and/or shrubs pose a risk to the public health, safety or welfare of the community; (iii) the type of brush and/or shrubs involved: (iv) the owner's maintenance activities involving the brush and/or shrubs; and (v) any other factors that the fire chief, or his or her designee, deem relevant when considering the public health, safety and welfare, including, without limitation, whether such shrub(s) is endangered, rare or threatened.

b. Up to two inches of dead pine needles, leaves and other soils amendments for soil replenishment and forest safety may be permitted, when in the opinion of the fire chief, or his or her designee, they do not constitute a fire hazard. In deciding whether they present a fire hazard, the fire chief, or his or her designee, shall consider:

c. The proximity of the pine needles and leaves to buildings or structures;

d. The height of the lower branches of shrubbery from the ground;

e. The condition of the shrubbery, (e.g., free from dead and dying limbs and leaves);

f. The sectioning of the shrubbery; and

g. Any other factors that the fire chief, or his or her designee, deem relevant when considering the public health, safety and welfare.

604.6.2.5 Protection of Sensitive Biological Resources.

a. Should any owner receive a NOTICE TO ABATE form that mandates the modification of native brush or shrubs other than the following shrub species: Juniper, Spanish Broom or native brush species: Manzanita, Service Berry, Mountain Whitethorn, Sage, or Mountain Mahogany and the property falls within the potential sensitive shrub resource area (as set forth in the Authority's official records, and which may be amended from time to time), a sensitive plant survey will be required for the property prior to any abatement activities. If it is unclear whether a particular property falls within the potential sensitive shrub resource area or whether or not sensitive plant surveys are required, the owner must contact the Authority or the City of Big Bear Lake Planning Department. The City's Planning Department or Authority shall provide requesting owners with a list of qualified surveyors, which list may be updated or revised at the discretion of the City or Authority. Ideally, sensitive plant surveys should be conducted between June and August to encompass the blooming periods of those sensitive plants that are the most difficult to detect outside the blooming period; however, the sensitive plant survey can be conducted during other parts of the year (aside from periods when snowfall is covering the ground) if necessary. Upon completion of the survey, the surveyor shall advise the owner as to any known or potential sensitive plants that should be avoided during abatement activities. A form shall be completed at the end of the survey that will provide details as to the results of the survey. The surveyor shall provide a copy of the form to the owner and the Planning or Fire Departments. The owner shall not conduct any modification without prior written approval of the City or Authority. All surveys required by this subsection shall be conducted within a reasonable time as determined by the fire chief, or his or her designee.

b. If any native brush modification is required for more than twenty (20) shrubs and vegetation modification activities cannot be performed outside the nesting season (typical nesting season is March 15 through August 15), a nesting bird survey shall be performed less than one week prior to vegetation modification activities. Should the owner be required to conduct a nesting bird survey, he or she shall contact the Authority or the City of Big Bear Lake Planning Department for a list of qualified nesting bird surveyors, which list may be updated or revised at the discretion of the Fire Authority or the City. Upon completion of the survey, the surveyor shall advise the owner as to any shrub(s) containing nesting birds that should not be modified until the completion of the nesting cycle. A form shall be completed at the end of the survey that will provide details as to the results of the survey. The surveyor shall provide a copy of the form to the owner and the Planning and/or Fire Departments. The owner shall not conduct any modification without prior written approval of the City or Authority. All surveys required by this subsection shall be conducted within a reasonable time as determined by the fire chief, or his or her designee.

c. Any owner receiving a NOTICE TO ABATE form (for any number of shrubs) will also receive a pamphlet pertaining to providing protection for nesting birds. The pamphlet will describe the Migratory Bird Treaty Act, and suggest that if vegetation modification will occur during the nesting season (March 15 through August 15), owners need to check for the presence of active bird nests and avoid modification of any vegetation containing an active bird nest (or vegetation within twenty-five (25) feet of the active bird nest) until the young have fledged.

604.6.2.6 Hazardous Trees. The provisions of this chapter shall apply to any live or dead tree which constitutes a fire, health or safety hazard or which may endanger or injure neighboring property, or the health, safety or well-being of persons or property; and it shall be the duty of every owner, occupant and person in control of any land or interest therein to abate.

604.6.2.7 Outdoor Storage and Uses.

a. The outdoor storage of any materials or equipment, including but not limited to; lumber, construction materials, inoperable vehicles, auto parts, household appliances, pipe, drums, machinery, furniture, or trash is prohibited when, in the opinion of the Fire Code Official, the materials or conditions would cause an impediment to firefighting or other emergency efforts.

b. No open storage shall be permitted in any required front or side yards adjacent to a street or highway in residential zones.

(Ord. No. 2025-525, § 5, 12-10-2025)