Fairfax Municipal Code Ch. 49 Requirements

The definitions of "Fire Protection Plan" and "Wildland-Urban Interface Fire Area (WUI)," as set forth in Section 4902.1 of Chapter 49, are amended to read as follows:

FIRE PROTECTION PLAN. A document prepared for a specific project or development proposed for construction and development in areas designated as Wildland-Urban Interface (WUI), and/or Moderate, High, or Very High Fire Hazard Severity Zone. It describes ways to minimize and mitigate potential for loss from wildfire exposure.

WILDLAND-URBAN INTERFACE FIRE AREA. A geographical area identified by the Town of Fairfax as a "Fire Hazard Severity Zone" in accordance with the Public Resources Code, Sections 4201 through 4204, and Government Code, Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires, as designated on the map titled Wildland-Urban Interface Fire Area, dated January 1, 2008.

Section 4903.2.1 of Chapter 49 is amended to read as follows:

Section 4903.2.1.1 Preliminary fire protection plan. When a preliminary fire protection plan is submitted, it shall include, at a minimum, the following:

Total size of the project.
Information on the adjoining properties on all sides, including current land uses, and if known, existing structures and densities, planned construction, natural vegetation, environmental restoration plans, roads and parks.
A map with all project boundary lines, property lines, slope contour lines, proposed structure foundation footprints, and proposed roads and driveways. The map shall identify project fuel modification zones and method of identifying the fuel modification zone boundaries.
The map shall include all existing emergency water supplies.

Section 4903.2.1.2 of Chapter 49 is amended to read as follows:

Section 4903.2.1.2 Final fire protection plan. The final fire protection plan shall include items listed in Section 4903.2.1.1 and the following:

A map identifying all proposed plants in the fuel modification zones with a legend that includes a symbol for each proposed plant species. The plan shall include specific information on each species proposed, including but not limited to:

a. The plant life-form;

b. The scientific and common name; and

c. The expected height and width for mature growth.

Identification of irrigated and non-irrigated zones.
Requirements for vegetation reduction around emergency access and evacuation routes.
Identification for points of access for equipment and personnel to maintain vegetation in common areas.
Legally binding statements regarding community responsibility for maintenance of fuel modifications zones.
Legally binding statements to be included in covenants, conditions and restrictions regarding property owner responsibilities for vegetation maintenance.
Identify the location of fire protection systems or equipment.
Identify any power sources, meters, and shut downs.

Section 4906.2 of Chapter 49 is amended to read as follows:

Section 4906.2 Application.

Buildings and structures located in any Fire Hazard Severity Zone or any Wildland-Urban Interface (WUI) Fire Area designated by the enforcing agency shall maintain the required hazardous vegetation and fuel management per Sections 4906.3 through 4906.5.3.

Section 4906.3 of Chapter 49 is amended to read as follows:

Section 4906.3. Vegetation Management Plan.

A Vegetation Management plan shall be required for new construction, substantial remodels, and landscape modifications including new plantings, modifications to existing plantings, and/or excavation.

Section 4906.3.1 of Chapter 49 is deleted in its entirety.

Section 4906.4.2.1 of Chapter 49 is amended to read as follows:

Section 4906.4.2.1 Tree Planting.

New trees classified as fire-resistant vegetation shall be permitted provided the tree is planted and maintained so that the tree's drip line at maturity is a minimum 5 feet (9144 mm) from any combustible structure.

Section 4907.2 of Chapter 49 is amended to read as follows:

Section 4907.2 Application.

Section 4907.4 of Chapter 49 is hereby added and shall read as follows:

Section 4907.4 Fire Hazard Reduction.

Any person who owns, leases, controls or maintains any building or structure, vacant lands, open space, and/or lands within specific Wildland Urban Interface areas of the jurisdiction of the Town of Fairfax, shall comply with the following:

Cut and remove all hazardous vegetation and ground coverings within 100 feet of structures, up to 200 feet when topographic or combustible vegetative types necessitate removal as determined by the Fire Code Official.
Remove accumulated dead vegetation on the property.
Cut and remove tree limbs that overhang wood decks and roofs.
Remove that portion of any tree which extends within 10 feet of any chimney or stovepipe, roof surfaces and roof gutters
Clean any leaves and needles from roof and gutters.
Cut and remove growth less than 3-inches in diameter, from the ground up to a height of 10 feet, provided that no crown shall be raised to a point so as to remove branches from more than the lower one-third of the tree's total height.
Ladder fuels shall be removed within 100 feet of the structure.
When required by the Fire Code Official, cut and remove trees that are 8" of diameter or less at breast height, or four feet, six inches above ground, to achieve canopy separation within 30 feet of the structure.
Vegetation clearance requirements for new construction and substantial remodels in Wildland-Urban Interface Areas shall be in accordance with the 2021 International Wildland-Urban Interface Code, as amended by the Town of Fairfax.

EXCEPTION 1: When approved by the Fire Code Official, single specimens of trees, ornamental shrubbery or similar plants, or plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure.

EXCEPTION 2: When approved by the Fire Code Official, grass and other vegetation located more than 30 feet (9144 mm) from buildings or structures less than 18 inches (457 mm) in height above the ground need not be removed where necessary to stabilize soil, and prevent erosion.

Section 4907.5 of Chapter 49 is hereby added and shall read as follows:

Section 4907.5 Fire Hazard Reduction from Roadways.

The Fire Code Official is authorized to cause areas within 10 feet (3048 cm) on each side of portions of highways, fire apparatus access roads (improved or unimproved), and driveways (improved or unimproved), which are improved, designed, or ordinarily used for vehicular traffic to be cleared of flammable vegetation and other combustible growth. Corrective action, if necessary, shall be the same as the actions required in section 4907.4. The Fire Code Official is authorized to enter upon private property to carry out this work.

Section 4907.6 of Chapter 49 is hereby added and shall read as follows:

Section 4907.6 Nuisance.

Failure to comply with the requirements of Section 4907.4 shall be deemed a public nuisance. The Fire Chief is hereby authorized to require the abatement of any nuisance condition described in Section 4907.4 or Section 4907.5. Abatement shall be accomplished in accordance with Section 4907.7 of the Code and Section 3-3.812 of the Town of Fairfax Municipal Code.

Section 4907.7 is hereby added to Chapter 49 and shall read as follows:

Section 4907.7 Notice to Abate.

Failure to comply with the requirements of Section 4907.4 shall be deemed a public nuisance. The Fire Chief is hereby authorized to require the abatement of any nuisance condition described in Section 4907.4 Notice requiring the abatement of such nuisance shall be given by mail to the owner of the property upon which, or in front of which, such nuisance exists, at such owner's address as shown on the last equalized Assessment Roll of the County of Marin. Such notice shall contain the following:

A. The street address and Assessor's Parcel Number for the affected property.

B. The date of the inspection of the property by the Fire Department during which such nuisance was discovered.

C. A description of the nuisance and its location on, or around, the property.

D. The abatement action which the owner is required to take and a time limit for such abatement.

E. A statement that if the owner fails to abate such nuisance within the prescribed time, the Fire Department or other Town agent, will abate the nuisance.

F. A statement that if the Fire Department or other Town agent, is required to abate the nuisance the cost of such abatement may be assessed as a lien against the property.

Abatement and Assessment of Cost to Abate

Should the abatement of the nuisance not be accomplished by the owner of the affected property within the period set forth in the notice requiring abatement, the Fire Chief is authorized to perform such abatement and shall keep an accurate account of the cost of such abatement. The Fire Chief shall mail written notice of such cost to the owner of the affected property who may, within fifteen days of the date of such mailing, request a hearing by the Fire Chief with respect to such cost. The Fire Chief shall hold a hearing within thirty (30) days of receiving the request. The decision of the Fire Chief shall be final. The cost of such abatement as finally fixed and determined by the Fire Chief shall constitute a special assessment against the affected property. The Fire Chief shall cause an order confirming such assessment to be recorded in the office of the County Recorder at which time a lien for such assessment shall attach to the affected property. The Fire Chief shall also file a copy of the order confirming the assessment with the County Auditor and the amount of such assessment shall, thereafter, be collected at the time and in the manner of ordinary property taxes. If delinquent, the amount of such assessment shall be subject to the same penalties and procedure for foreclosure and sale provided for ordinary property taxes.