Section 1.12 — BOARD OF FORESTRY

1.12.1 BoF—Board of Forestry. The specific scope of application of the agency responsible for enforcement, the enforcement agency, and the specific authority to promulgate and enforce provisions applicable to wildland-urban interface areas, unless otherwise stated.

[California Code of Regulations, Title 14, Division 1.5, §1270.00] Title.

Subchapter 2 shall be known as the “State Minimum Fire Safe Regulations,” and shall constitute the minimum Wildfire protection stan- dards of the California Board of Forestry and Fire Protection.

[California Code of Regulations, Title 14, Division 1.5, §1270.01] Definitions.

The following definitions are applicable to Subchapter 2. (a) Agriculture: Land used for agricultural purposes as defined in a Local Jurisdiction's zoning ordinances. (b) Board: California Board of Forestry and Fire Protection. (c) Building: Any Structure used or intended for supporting or sheltering any use or Occupancy, except those classified as Utility and Miscellaneous Group U. (d) CAL FIRE: California Department of Forestry and Fire Protection. (e) Dead-end Road: A Road that has only one point of vehicular ingress/egress, including cul-de-sacs and Roads that loop back on themselves.

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(f) Defensible Space: The area within the perimeter of a parcel, Development, neighborhood or community where basic wildland fire protection practices and measures are implemented, providing the key point of defense from an approaching Wildfire or defense against encroaching Wildfires or escaping Structure fires. The perimeter as used in this regulation is the area encom- passing the parcel or parcels proposed for construction and/or Development, excluding the physical Structure itself. The area is characterized by the establishment and maintenance of emergency vehicle access, emergency water reserves, Road names and Building identification, and fuel modification measures. (g) Development: As defined in Section 66418.1 of the California Government Code. (h) Director: Director of the Department of Forestry and Fire Protection or their designee. (i) Driveway: A vehicular pathway that serves not more than four (4) Residential Units and any number of noncommercial or nonindustrial Utility or Miscellaneous Group U Buildings on each parcel. A Driveway shall not serve commercial or industrial uses at any size or scale. (j) Exception: An alternative to the specified standard requested by the applicant that may be necessary due to health, safety, environmental conditions, physical site limitations or other limiting conditions, such as recorded historical sites, that provides mitigation of the problem. (k) Fire Apparatus: A vehicle designed to be used under emergency conditions to transport personnel and equipment or to support emergency response, including but not limited to the suppression of fires. (l) Fire Authority: A fire department, agency, division, district or other governmental body responsible for regulating and/or enforcing minimum fire safety standards in the Local Jurisdiction. (m) Fire Hydrant: A valved connection on a water supply or storage system for the purpose of providing water for fire protection and suppression operations. (n) Fuel Break: A strategically located area where the volume and arrangement of vegetation has been managed to limit fire inten- sity, fire severity, rate of spread, crown fire potential and/or ember production. (o) Greenbelts: open space, parks, wildlands, other areas, or a combination thereof, as designated by Local Jurisdictions, which are in, surround, or are adjacent to a city or urbanized area, that may function as Fuel Breaks and where Building construction is restricted or prohibited. (p) Greenways: Linear open spaces or corridors that link parks and neighborhoods within a community through natural or manmade trails and paths. (q) Hammerhead/T: A “T” shaped, three-point Turnaround space for Fire Apparatus on a Road or Driveway, being no narrower than the Road or Driveway that serves it. (r) Hazardous Land Use: A land use that presents a significantly elevated potential for the ignition, prolonged duration or increased intensity of a Wildfire due to the presence of flammable materials, liquids or gasses, or other features that initiate or sustain combustion. Such uses are determined by the Local Jurisdiction and may include, but are not limited to, power-genera- tion and distribution facilities; wood processing or storage sites; flammable gas or liquids processing or storage sites; or shooting ranges. (s) Local Jurisdiction: Any county, city/county agency or department, or any locally authorized district that approves or has the authority to regulate Development. (t) Municipal-Type Water System: A system having water pipes servicing Fire Hydrants and designed to furnish, over and above domestic consumption, a minimum of 250 gpm (950 L/min) at 20 psi (138 kPa) residual pressure for a two (2) hour duration. (u) Occupancy: The purpose for which a Building, or part thereof, is used or intended to be used. (v) One-way Road: A Road that provides a minimum of one Traffic Lane width designed for traffic flow in one direction only. (w) Residential Unit: Any Building or portion thereof which contains living facilities including provisions for sleeping, eating, cook- ing and/or sanitation, for one or more persons. Manufactured homes, mobile homes and factory-built housing are considered Residential Units.

ay Road: A Road that provides a minimum of one Traffic Lane width designed for traffic flow in one direction only._ (w) Residential Unit: Any Building or portion thereof which contains living facilities including provisions for sleeping, eating, cook- ing and/or sanitation, for one or more persons. Manufactured homes, mobile homes and factory-built housing are considered Residential Units.

(x) Ridgeline: The line of intersection of two opposing slope aspects running parallel to the long axis of the highest elevation of land; or an area of higher ground separating two adjacent streams or watersheds. (y) Road: A public or private vehicular pathway to more than four (4) Residential Units, or to any industrial or commercial Occupancy. (z) Road or Driveway Structures: Bridges, culverts and other appurtenant Structures that supplement the Traffic Lane or Shoulders.

(aa) Same Practical Effect: As used in this subchapter, means an Exception or alternative with the capability of applying accepted wildland fire suppression strategies and tactics, and provisions for firefighter safety, including: (1) access for emergency wildland fire equipment, (2) safe civilian evacuation, (3) signing that avoids delays in emergency equipment response, (4) available and accessible water to effectively attack Wildfire or defend a Structure from Wildfire, and (5) fuel modification sufficient for civilian and firefighter safety. (bb) Shoulder: A vehicular pathway adjacent to the Traffic Lane.

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(cc) State Responsibility Area (SRA): As defined in Public Resources Code Sections 4126-4127; and the California Code of Regula- tions, title 14, division 1.5, chapter 7, article 1, Sections 1220-1220.5. (dd) Strategic Ridgeline: a Ridgeline identified pursuant to § 1276.02(a) that may support fire suppression activities or where the preservation of the Ridgeline as an Undeveloped Ridgeline would reduce fire risk and improve fire protection. (ee) Structure: That which is built or constructed or any piece of work artificially built up or composed of parts joined together in some definite manner.

trategic Ridgeline: a Ridgeline identified pursuant to § 1276.02(a) that may support fire suppression activities or where the_ preservation of the Ridgeline as an Undeveloped Ridgeline would reduce fire risk and improve fire protection. (ee) Structure: That which is built or constructed or any piece of work artificially built up or composed of parts joined together in some definite manner.

(ff) Traffic Lane: The portion of a Road or Driveway that provides a single line of vehicle travel. (gg) Turnaround: An area which allows for a safe opposite change of direction for Fire Apparatus at the end of a Road or Driveway. (hh) Turnout: A widening in a Road or Driveway to allow vehicles to pass. (ii) Undeveloped Ridgeline: A Ridgeline with no Buildings. (jj) Utility and Miscellaneous Group U: A Structure of an accessory character or a miscellaneous Structure not classified in any specific Occupancy permitted, constructed, equipped and maintained to conform to the requirements of Title 24, California Building Standards Code. (kk) Vertical Clearance: The minimum specified height of a bridge, overhead projection or vegetation clearance above the Road or Driveway. (ll) Vertical Curve: A curve at a high or low point of a Road that provides a gradual transition between two Road grades or slopes. (mm) Very High Fire Hazard Severity Zone (VHFHSZ): As defined in Government Code Section 51177(i). (nn) Wildfire: Has the same meaning as “forest fire” in Public Resources Code Section 4103.

[California Code of Regulations, Title 14, Division 1.5, §1270.02] Purpose. (a) Subchapter 2 has been prepared and adopted for the purpose of establishing state minimum Wildfire protection standards in conjunction with Building, construction and Development in the State Responsibility Area (SRA) and, after July 1, 2021, the Very High Fire Hazard Severity Zones, as defined in Government Code § 51177(i) (VHFHSZ). (b) The future design and construction of Structures, subdivisions and Developments in the SRA and, after July 1, 2021, the VHFHSZ shall provide for basic emergency access and perimeter Wildfire protection measures as specified in the following articles. (c) These standards shall provide for emergency access; signing and Building numbering; private water supply reserves for emer- gency fire use; and vegetation modification, Fuel Breaks, Greenbelts, and measures to preserve Undeveloped Ridgelines. Subchapter 2 specifies the minimums for such measures.

access and perimeter Wildfire protection measures as specified in the following articles._ (c) These standards shall provide for emergency access; signing and Building numbering; private water supply reserves for emer- gency fire use; and vegetation modification, Fuel Breaks, Greenbelts, and measures to preserve Undeveloped Ridgelines. Subchapter 2 specifies the minimums for such measures.

[California Code of Regulations, Title 14, Division 1.5, §1270.03] Scope. (a) Subchapter 2 shall apply to: (1) the perimeters and access to all residential, commercial and industrial Building construction within the SRA approved after January 1, 1991, and those approved after July 1, 2021, within the VHFHSZ, except as set forth below in subsection (b). (2) the siting of newly installed commercial modular, manufactured homes, mobile homes and factory-built housing, as defined in Health and Safety Code Sections 18001.8, 18007, 18008, and 19971; (3) all tentative and parcel maps or other Developments approved after January 1, 1991; and (4) applications for Building permits on a parcel approved in a pre-1991 parcel or tentative map to the extent that conditions relating to the perimeters and access to the buildings were not imposed as part of the approval of the parcel or tentative

map. (b) Subchapter 2 does not apply where an application for a Building permit is filed after January 1, 1991, for Building construction on a parcel that was formed from a parcel map or tentative map (if the final map for the tentative map is approved within the time prescribed by the local ordinance) approved prior to January 1, 1991, to the extent that conditions relating to the perime- ters and access to the Buildings were imposed by the parcel map or final tentative map approved prior to January 1, 1991. (c) Affected activities include, but are not limited to: (1) permitting or approval of new parcels, excluding lot line adjustments as specified in Government Code (GC) Section 66412(d); (2) application for a Building permit for new construction not relating to an existing Structure; (3) application for a use permit; (4) Road construction including the construction of a Road that does not currently exist, or extension of an existing Road. (d) The standards in Subchapter 2 applicable to Roads shall not apply to Roads used solely for Agriculture; mining; or the manage- ment of timberland or harvesting of forest products.

[California Code of Regulations, Title 14, Division 1.5, §1270.04] Provisions for Application of These Regulations.

This subchapter shall be applied as follows: (a) the Local Jurisdictions shall provide the Director of the California Department of Forestry and Fire Protection (CAL FIRE) or their designee with notice of applications for Building permits, tentative parcel maps, tentative maps, and installation or use permits for construction or Development within the SRA, or if after July 1 2021, the VHFHSZ. (b) the Director or their designee may review and make fire protection recommendations on applicable construction or develop- ment permits or maps provided by the Local Jurisdiction.

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(c) the Local Jurisdiction shall ensure that the applicable sections of this Subchapter become a condition of approval of any appli- cable construction or Development permit or map.

[California Code of Regulations, Title 14, Division 1.5, §1270.05] Local Regulations. (a) Subchapter 2 shall serve as the minimum Wildfire protection standards applied in SRA and VHFHSZ. However, Subchapter 2 does not supersede local regulations which equal or exceed the standards of this Subchapter. (b) A local regulation equals or exceeds a minimum standard of this Subchapter only if, at a minimum, the local regulation also fully complies with the corresponding minimum standard in this Subchapter. (c) A Local Jurisdiction shall not apply exemptions to Subchapter 2 that are not enumerated in Subchapter 2. Exceptions requested and approved in conformance with § 1270.07 (Exceptions to Standards) may be granted on a case-by-case basis. (d) Notwithstanding a local regulation that equals or exceeds the State Minimum Fire Safe Regulations, building construction shall comply with the State Minimum Fire Safe Regulations.

[California Code of Regulations, Title 14, Division 1.5, §1270.06] Inspections.

Inspections shall conform to the following requirements: (a) Inspections in the SRA shall be made by: (1) the Director, or (2) Local Jurisdictions that have assumed state fire protection responsibility on SRA lands, or (3) Local Jurisdictions where the inspection duties have been formally delegated by the Director to the Local Jurisdictions, pursuant to subsection (b). (b) The Director may delegate inspection authority to a Local Jurisdiction subject to all of the following criteria: (1) The Local Jurisdiction represents that they have appropriate resources to perform the delegated inspection authority. (2) The Local Jurisdiction acknowledges that CAL FIRE's authority under subsection (d) shall not be waived or restricted. (3) The Local Jurisdiction consents to the delegation of inspection authority. (4) The Director may revoke the delegation at any time. (5) The delegation of inspection authority, and any subsequent revocation of the delegation, shall be documented in writing and retained on file at the CAL FIRE Unit headquarters that administers SRA fire protection in the area. (c) Inspections in the VHFHSZ shall be made by the Local Jurisdiction. (d) Nothing in this section abrogates CAL FIRE's authority to inspect and enforce state forest and fire laws in the SRA even when the inspection duties have been delegated pursuant to this section. (e) Reports of violations within the SRA shall be provided to the CAL FIRE Unit headquarters that administers SRA fire protection in the Local Jurisdiction.

(f) When inspections are conducted, they shall occur prior to: the issuance of the use permit or certificate of Occupancy; the recor- dation of the parcel map or final map; the filing of a notice of completion; or the final inspection of any project or Building permit.

[California Code of Regulations, Title 14, Division 1.5, §1270.07] Exceptions to Standards. (a) Upon request by the applicant, an Exception to standards within this Subchapter may be allowed by the Inspection entity in accordance with 14 CCR § 1270.06 (Inspections) where the Exceptions provide the Same Practical Effect as these regulations towards providing Defensible Space. Exceptions granted by the Local Jurisdiction listed in 14 CCR § 1270.06, shall be made on a case-by-case basis only. Exceptions granted by the Local Jurisdiction listed in 14 CCR § 1270.06 shall be forwarded to the appro- priate CAL FIRE unit headquarters that administers SRA fire protection in that Local Jurisdiction, or the county in which the Local Jurisdiction is located and shall be retained on file at the Unit Office.

(b) Requests for an Exception shall be made in writing to the Local Jurisdiction listed in 14 CCR § 1270.06 by the applicant or the applicant's authorized representative.

At a minimum, the request shall state the specific section(s) for which an Exception is requested; material facts supporting the contention of the applicant; the details of the Exception proposed; and a map showing the proposed location and siting of the Exception. Local Jurisdictions listed in § 1270.06 (Inspections) may establish additional procedures or requirements for Exception requests. (c) Where an Exception is not granted by the inspection entity, the applicant may appeal such denial to the Local Jurisdiction. The Local Jurisdiction may establish or utilize an appeal process consistent with existing local building or planning department appeal processes. (d) Before the Local Jurisdiction makes a determination on an appeal, the inspector shall be consulted and shall provide to that Local Jurisdiction documentation outlining the effects of the requested Exception on Wildfire protection. (e) If an appeal is granted, the Local Jurisdiction shall make findings that the decision meets the intent of providing Defensible Space consistent with these regulations. Such findings shall include a statement of reasons for the decision. A written copy of these findings shall be provided to the CAL FIRE Unit headquarters that administers SRA fire protection in that Local Jurisdiction.

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[California Code of Regulations, Title 14, Division 1.5, §1270.08] Distance Measurements.

All specified or referenced distances are measured along the ground unless otherwise stated.

1.12.2 Agency identification. The provisions of this code applicable to wildland-urban interface areas identified in Section 1.12 are identified in the body of the code by square brackets containing references to applicable Title 14 sections and in the Cross Reference Table located in Appendix H, Section H107.

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DIVISION II

SCOPE AND ADMINISTRATION

User notes:

About this chapter: Chapter 1 establishes the limits of applicability of the code and describes how the code is to be applied and enforced. Chapter 1 is in two parts: Part 1–General Provisions (Sections 101–102) and Part 2—Administration and Enforcement (Sections 103–113). Section 101 identifies which buildings and structures come under its purview and references other California Codes as applicable.

This code is intended to be adopted as a legally enforceable document and it cannot be effective without adequate provisions for its administration and enforcement. The provisions of Chapter 1 establish the authority and duties of the code official appointed by the authority having jurisdiction and also establish the rights and privileges of the design professional, contractor and property owner.

Note: Sections adopted or amended by state agencies are specifically indicated by an agency banner or indicated in the Matrix Adoption Table.

PART 1—GENERAL PROVISIONS