Fairfax Municipal Code Ch. 8.06 International Wildland-Urban Interface Code

(A) The Town Council does hereby adopt, for the purpose of prescribing regulations governing conditions hazardous to life and property from the intrusion of fire from wild land exposures, the following, which shall be collectively known as the “Town Wildland-Urban Interface (WUI) Code”:

(1) The 2025 California Wildland-Urban Interface Code, which consists of certain portions of the 2024 edition of the International Wildland-Urban Interface Code as amended by the California Building Standards Commission, including:

(a) Appendix A General Requirements, the whole thereof, save and except such portions as are hereafter amended by this chapter.

(b) Appendix B Vegetation Management Plans.

(c) Appendix F Characteristics of Fire-Smart Vegetation.

(2) The 2024 International Wildland-Urban Interface Code published by the International Code Council, Inc., save and except such portions as are hereinafter deleted, modified or amended by this chapter.

(B) Each and all of the regulations, provisions, penalties, conditions, and terms of said Town Wildland-Urban Interface Code are hereby referred to, adopted, and made a part hereof as if fully set out in this chapter, subject only to the amendments and deletions herein. Not less than one copy of the codes and standards hereby adopted is filed in the office of the Fire Marshal of the Ross Valley Fire Department and from the date on which this chapter shall take effect, and the provisions thereof shall be controlling within the limits of the town.

(Ord. 730, passed 12-5-2007; Am. Ord. 774, passed 12-4-2013; Am. Ord. 842, passed 12-4-2019; Am. Ord. 873, passed 12-7-2022; Am. Ord. 900, passed 11-5-2025)

The 2025 California Wildland-Urban Interface Code is amended and changed in the following respects:

(A) Chapter 1 Scope and Administration:

Section 101.3.1 of Chapter 1 is hereby amended in its entirety as follows:

101.3.1 Application. New buildings located in any Fire Hazard Severity Zone or Wildland-Urban Interface Area designated by the Town shall comply with the provisions of this code.

Exceptions:

1. Group U occupancy accessory buildings of any size located at least 50 feet (14,240 mm) from an applicable building on the same lot.

2. Group U occupancy agricultural buildings, as defined in Section 202 of the California Building Code of any size located at least 50 feet (15,240 mm) from an applicable building.

3. Group C occupancy special buildings conforming to the limitations specified in Section 450.1 of the California Building Code.

4. New accessory buildings and miscellaneous structures specified in Section 504.11 shall comply only with the requirements of that section.

Section 101.3.1.1 of Chapter 1 is hereby deleted and the following language substituted in its place:

101.3.1.1 Application date and where required. New buildings and substantial remodels located in any Fire Hazard Severity Zone or Wildland-Urban Interface Area shall comply with this code, including all of the following areas:

All unincorporated lands designated by the State Board of Forestry and Fire Protection as State Responsibility Area (SRA) and Local Responsibility Areas (LRA) including:

Moderate Fire Hazard Severity Zones.

High Fire Hazard Severity Zones.

Very High Fire Hazard Severity Zones.

Land designated as a wildland-urban interface area by the Town of Fairfax.

Section 101.5 of Chapter 1 is hereby deleted and the following language substituted in its place:

101.5 Additions or alterations. Additions or alterations may be made to any building or structure without requiring the existing building or structure to comply with all of the requirements of this code provided the additions or alterations do not constitute a substantial remodel and, provided the addition or alteration conforms to that required for a new building or structure.

Exception: Provisions of this code that specifically apply to existing conditions are retroactive. See Sections 402.3 and 601.1.

Additions or alterations shall not be made to an existing building or structure that will cause the existing building or structure to be in violation of any of the provisions of this code nor shall such additions or alterations cause the existing building or structure to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate access in compliance with the provisions of this code or will obstruct existing exits or access; will create a fire hazard; will reduce required fire resistance or will otherwise create conditions dangerous to human life.

Section 101.6 of Chapter 1 is hereby deleted and the following language substituted in its place:

101.6 Maintenance. All buildings, structures, access, water supply, landscape materials, vegetation, defensible space or other devices or safeguards required by this code shall be maintained in conformance with the code edition under which the same were installed. The owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures, access roads, water supplies, landscape materials and vegetation.

Section 104.2 of Chapter 1 is hereby deleted and the following language substituted in its place:

Section 104.2 Determination of compliance.

The Fire Chief is authorized to determine compliance, render interpretations of this code and to make and enforce rules and supplemental regulations and to develop Fire Protection Standards to carry out the application and intent of its provisions. Such interpretations, rules, and regulations, and standards shall be in conformance with the intent and purpose of this code. A copy of such rules and regulations shall be filed with the Fire Chief of Ross Valley Fire Department and shall be in effect immediately thereafter. Additional copies shall be available for distribution to the public.

Section 104.7 of Chapter 1 is hereby deleted.

Section 105.2.1 of Chapter 1 is hereby added to read as follows:

105.2.1 Local permits required. In addition to the permits required by section 105.2, the following permits shall be obtained from the Fire Prevention Division prior to installation of the following:

a. Implementation of a Fire Protection Plan.

b. Implementation of a Vegetation Plan.

Section 110 of Chapter 1 is hereby deleted and the following language substituted in its place:

SECTION 110- CERTIFICATE OF COMPLETION.

No building, structure or premises shall be used or occupied, and no change in the existing occupancy classification of a building, structure, premise or portion thereof shall be made until the code official has issued a "Final Approval" for occupancy thereof. The "Final Approval" for occupancy shall not be issued until the "Final Approval" for occupancy indicating that the project is in compliance with this code has been issued by the code official.

Issuance of a "Certificate of Completion" shall not be construed as an approval of a violation of the provisions of this code or of other pertinent laws and ordinances of the Town of Fairfax. Certificates presuming to give authority to violate or cancel the provisions of this code or other laws or ordinances of the Town of Fairfax shall not be valid.

(B) Chapter 2 Definitions:

Section 202 of Chapter 2 is hereby amended by adding the following definitions:

CODE OFFICIAL. The official designated by the Town of Fairfax to interpret and enforce building standards of this code, shall be the Town of Fairfax Building Official. The official designated by the Town of Fairfax to interpret and enforce fire and life safety provisions of this code shall be the Ross Valley Fire Department Fire Chief or their designated representative.

SUBSTANTIAL REMODEL. Shall mean the renovation of any structure, which combined with any additions to the structure, affects a floor area which exceeds fifty percent of the existing floor area of the structure within any 36-month period. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for the purposes of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings.

VMP. Shall mean Vegetation Management Plan or Vegetation Plan.

(C) Chapter 4 Wildland-Urban Interface Area Requirements:

Section 402.1.1 of Chapter 4 is hereby deleted and the following language substituted in its place:

402.1.1 Access. New subdivisions, as determined by Ross Valley Fire Department, shall be provided with fire apparatus access roads in accordance with the California Fire Code as amended.

Section 402.2.1 is hereby deleted and the following language substituted in its place:

402.2.1 Access. Individual structures hereafter constructed, substantial remodels, or relocated into or within wildland-urban interface areas shall be provided with fire apparatus access in accordance with the California Fire Code and driveways in accordance with Section 403.

Section 402.2.2 is hereby deleted and the following language substituted in its place:

402.2.2 Water supply. Individual structures hereafter constructed, substantial remodels, or relocated into or within wildland urban interface areas shall be provided with a conforming water supply in accordance with Section 404.

Exception: Buildings not more than 120 square feet.

Section 403.1.2 of Chapter 4 is hereby deleted and the following language substituted in its place:

403.1.2 Width.

a. All roads shall be constructed to provide a minimum of two ten-foot traffic lanes, not including shoulder and striping. These traffic lanes shall provide for two-way traffic flow to support emergency vehicle and civilian egress, unless other standards are provided in this article or additional requirements are mandated by local jurisdictions or local subdivision requirements. Vertical clearances shall conform to the requirements in California Vehicle Code Section 35250.

b. All one-way roads shall be constructed to provide a minimum of one sixteen-foot traffic lane, not including Shoulders. The Town of Fairfax may approve One-way Roads.

(1) All one-way roads shall, at both ends, connect to a road with two traffic lanes providing for travel in different directions, and shall provide access to an area currently zoned for not more than ten (10) Residential Units.

(2) In no case shall a One-way Road exceed 2,640 feet in length. A turnout shall be placed and constructed at approximately the midpoint of each One-way Road.

c. All driveways shall be constructed to provide a minimum unobstructed horizontal clearance of 16 feet and a minimum unobstructed vertical clearance of 15 feet. A driveway shall not serve in excess of five dwelling units.

Exception: When such driveways meet the requirements for an access road in accordance with the California Fire Code as amended.

Section 403.1.3 of Chapter 4 is hereby deleted and the following language substituted in its place:

403.1.3 Road Surfaces.

a. Road and driveway surfaces shall be designed and maintained to support the imposed load of fire apparatus weighing at least 75,000 pounds and provide an aggregate base.

b. Project proponents shall provide engineering specifications to support design, if requested by the Ross Valley Fire Department.

c. Surface materials shall be all weather surface that is either A/C paving, concrete, or other materials as approved by the Ross Valley Fire Department.

Section 403.1.4 of Chapter 4 is hereby amended to add (c) as follows:

(c) Any grade approved to exceed 16% is required to be concrete with transverse cuts or kerf-cuts so as to allow for water run-off and traction. Turf block and similar products are not permitted. The length of that portion of the road or driveway cannot exceed 100 feet, and the section immediately preceding and proceeding that portion of the road or driveway for a distance of 200 feet on both sides shall have grades not greater than 15%.

Section 403.1.6 of Chapter 4 is hereby deleted and the following language substituted in its place:

Section 403.1.6 Turnarounds.

a. Turnarounds are required on driveways and dead-end roads.

b. Driveway turnarounds shall have a minimum inside radius of 27 feet and outside turning radius of not less than 47 feet. If a hammerhead/T is used instead, the top of the 'T' shall be a minimum of sixty (60) feet in length.

c. Driveways exceeding 150 feet in length, but less than 800 feet in length, shall provide a turnout near the midpoint of the driveway in addition to a turnaround at the end of the driveway. Where the driveway exceeds 800 feet, turnouts shall be provided not more than 300 feet apart.

d. A turnaround shall be provided on driveways over 150 feet in length and shall be within fifty (50) feet of the building.

e. Each dead-end road shall have a turnaround constructed at its terminus. Where parcels are zoned five (5) acres or larger, turnarounds shall be provided at a maximum of 800-foot intervals.

Section 403.1.10 of Chapter 4 is hereby deleted and the following language substituted in its place:

403.1.10 Gate entrances.

a. All gates shall open fully to provide an unobstructed passage width of not less than 16 feet or a minimum of two feet wider than the approved net clear opening of the required all weather roadway or driveway and a minimum net vertical clearance of 15 feet.

b. All gates providing access from a road to a driveway shall be located at least thirty (30) feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on that Road.

c. Where a one-way road with a single traffic lane provides access to a gated entrance, a forty-foot turning radius shall be used.

d. Security gates shall not be installed without approval. Where security gates are installed, they shall have an approved means of emergency operation. Approval shall be by the local authority having jurisdiction. The security gates and the emergency operation shall be maintained operational at all times.

Section 403.1.11 is hereby added as follows:

403.1.11 Restricted access. Where emergency vehicle access is restricted because of secured access roads or driveways or where immediate access is necessary for life saving or firefighting purposes, the code official is authorized to require a key access to be installed in an accessible location. The key access shall be of a type approved by the code official and shall contain keys or an approved key switch to gain necessary access as required by the code official.

(D) Chapter 5 Special Building Construction Regulations:

Any amendments to Chapter 5 are contained in Title 15 of the Fairfax Town Code.

(E) Chapter 6 Fire Protection Requirements:

Section 602.3.1 is amended to add the following:

4. The map shall include all existing emergency water supplies.

Section 602.3.2 is amended by adding the following to the final fire protection plan:

7. Identify the location of fire protection systems or equipment.

8. Identify any power sources, meters, and shut downs.

Section 603.3 is amended to read as follows:

Vegetation Management Plan: A Vegetation Management Plan (VMP) shall be provided for all substantial remodels and new construction, or when required by the code official. The VMP shall include development and maintenance requirements for the Vegetation Management zone adjacent to structures and roadways and provide significant fire hazard reduction benefits for public and firefighting safety.

Section 603.3.1, is amended in its entirety to read as follows:

Section 603.3.1 Contents.

Vegetation Management Plans shall contain the following:

1. Delineation of the Zone 0 (0'-5'), Zone 1 (5'-30'), Zone 2 (30'-100') fuel management zones from all structures and Zone 3 (10' on either side of the road or driveway).

2. Identification of existing vegetation to remain and proposed new vegetation.

3. Identification of irrigation areas.

4. A plant legend with both botanical and common names, identification of all plant material symbols.

5. Identification of ground coverings within the 30-foot (9144 mm) zone.

Section 604.6 is hereby added to read as follows:

Section 604.6 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 Town shall comply with the following:

1. 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.

2. Remove accumulated dead vegetation on the property.

3. Cut and remove tree limbs that overhang wood decks and roofs.

4. Remove that portion of any tree which extends within 10 feet of any chimney or stovepipe, roof surfaces and roof gutters.

5. Clean any leaves and needles from roofs and gutters.

6. 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.

7. Ladder fuels shall be removed within 30 feet of the structure.

8. 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.

9. Vegetation clearance requirements for new construction and substantial remodels in Wildland-Urban Interface Areas shall be in accordance with the 2025 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 604.7, is added to read as follows:

Section 604.7 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.

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.

Section 613 of Chapter 6 is hereby added with the following language:

Section 613 Fire Protection Systems

Section 613.1 of Chapter 6 is hereby added with the following language:

Section 613.1 General.

The installation of fire protection systems shall be in accordance with National Fire Protection Association and local fire protection standards.

Section 613.2 of Chapter 6 is hereby added with the following language:

Section 613.2 Automatic Fire Sprinkler System An approved automatic fire sprinkler system shall be installed in all occupancies, in new buildings, and substantial remodels. The installation of the automatic fire sprinkler systems shall be in accordance with National Fire Protection Association and local fire protection standards.

Section 613.3 of Chapter 6 is hereby added with the following language:

Section 613.3 Exterior Wildfire Protection System.

An approved system of devices and equipment which is automatically or manually activated to discharge water and or an approved fire-extinguishing agent onto the structure and or the exterior of the structure to hydrate the Immediate Zone 0 (0-5 feet from the home, including the home) and the Intermediate Zone 1 (5-30 feet from the home).

Section 613.3.1 of Chapter 6 is hereby added with the following language:

Section 613.3.1 General. Exterior Wildfire Protection Systems shall comply with this section.

Section 613.3.2 of Chapter 6 is hereby added with the following language:

Section 613.3.2 Construction documents. Documentation of the system shall be submitted per Section 901.2 of the California Fire Code.

Section 613.3.3 of Chapter 6 is hereby added with the following language:

Section 613.3.3 Permits. Permits shall be required as set forth in section 901.3 of the California Fire Code.

(F) Chapter 7 Referenced Standards:

Chapter 7 is hereby amended to add the following language:

Chapter 7 Referenced Standards - ICC CFC - 2025: California Fire Code 1.11.3.4, 1.11.9, 1.11.10, 102.8, 105.1, 201.3, 202, 402.1.1, 402.1.2, 402.2.1, 402.2.2, 403.2.4, 404.4, 404.5, 404.10.3, 606.1, 606.2, 613, 613.1, 613.2, 613.3.2, 613.3.3

(G) Appendix A General Requirements:

Section A104.7.2 of Appendix A of the California Wildland-Urban Interface Code is amended to read as follows:

Section A104.7.2 Permits. The Fire Code Official is authorized to stipulate conditions for permits. Permits shall not be issued when public safety would be at risk, as determined by the Fire Code Official.

Section A104.11 of Appendix A of the California Wildland-Urban Interface Code is hereby added and shall read as follows:

Section A 104.11 - Tracer Bullets, Tracer Charges, Rockets and Model Aircraft. Tracer bullets and tracer charges shall not be possessed, fired or caused to be fired into or across hazardous fire areas. Rockets, model planes, gliders and balloons powered with an engine, propellant or other feature liable to start or cause a fire shall not be fired or projected into or across hazardous fire areas.

Section A104.12 of Appendix A of the California Wildland-Urban Interface Code is hereby added and shall read as follows:

Section A104.12 Explosives and Blasting. Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported or disposed of within hazardous fire areas except by permit from the Fire Code Official.

Section A104.13 of Appendix A of the California Wildland-Urban Interface Code is hereby added and shall read as follows:

Section A104.13 APIARIES. Lighted or smoldering material shall not be used in connection with smoking bees in or upon hazardous fire areas except by permit from the Fire Code Official.

(Ord. 730, passed 12-5-2007; Am. Ord. 900, passed 11-5-2025)

(A) The Fire Chief, Chief Officers, Fire Marshal and Fire Inspectors shall have authority to arrest or to cite any person who violates any provision of this chapter involving the Wildland-Urban Interface Code or the California Building Standards Code relating to fire and panic safety as adopted by the State Fire Marshal, in the manner provided for the arrest or release on citation and notice to appear with respect to misdemeanors or infractions, as prescribed by the California Penal Code, Title 3, Part 2, Chapters 5, 5c and 5d including § 853.6, or as the same hereafter may be amended.

(B) It is the intent of the Town Council that the immunities provided in California Penal Code § 836.5 be applicable to aforementioned officers and employees exercising their arrest or citation authority within the course and scope of their employment pursuant to this chapter.

(C) In lieu of the above procedures, the town shall also have the authority to proceed under any local ordinance it may have adopted for purposes of the administrative enforcement of its code.

(Ord. 730, passed 12-5-2007; Am. Ord. 900, passed 11-5-2025)

(A) The violations of this code as adopted herein are misdemeanors/infractions and are subject to the penalties set forth herein.

(B) The first citation, within a 12-month period, for violations of this chapter and any amendments adopted herein shall be treated as a civil penalty payable directly to the Ross Valley Fire Department and is set at $150 plus the actual costs of all inspections required to gain compliance at the rate set from time to time by the Fire Department. Said civil penalties shall be a debt owed to the Ross Valley Fire Department by the person responsible for the violation within 30 days after the date of mailing of the citation unless an appeal is filed as provided in § 8.06.016. Upon failure to pay the civil penalty when due, the responsible person shall be liable in a civil action brought by the Ross Valley Fire Department for such civil penalty and costs of the litigation, including reasonable attorney's fees.

(C) Any subsequent citations within a 12-month period for any violations of this code and any amendments adopted herein shall be misdemeanors/infractions, and shall be subject to the penalties set forth herein.

(D) The imposition of one penalty for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified each day that a violation occurs or continues, after a final notice has been delivered shall constitute a separate offense. The application of both penalties shall not be held to prevent the enforced correction of prohibited conditions.

(E) Nothing contained in divisions (A) through (F) of this section shall be construed or interpreted to prevent the town from recovering all costs associated with a Fire Department enforcement as described in the Wildland-Urban Interface Codes, California Building Code, or the California Fire Code.

(F) Any violation of any provision of this chapter shall constitute a public nuisance and shall entitle the Fire Department to collect the costs of abatement and related administrative costs by a nuisance abatement lien as more particularly set forth in Cal. Gov’t Code § 38773.1, and by special assessment to be collected by the County Tax Collector as more particularly set forth in Cal. Gov’t Code § 38773.5. At least 30 days prior to recordation of the lien, or submission of the report to the Tax Collector for collection of this special assessment, the record owner shall receive notice from the Fire Chief regarding the Fire Department's intent to charge the property owner for all administrative costs associated with enforcement of this chapter and abatement of the nuisance. The notice shall include a summary of costs associated with enforcement of this chapter and abatement of the nuisance. The property owner may appeal the Fire Chiefs decision to the Town Council within 15 days of the date of the notice and request a public hearing prior to recordation of the lien or submission of the report to the County Tax Collector for collection of the special assessment. In addition to the foregoing, the Fire Department is authorized to prosecute a civil action to collect such abatement costs from the property owner or other person in possession or control of the affected property, and shall be entitled to recover such abatement costs, together with the cost of litigation, including reasonable attorney's fees. The provisions of this section shall also apply to corrective actions for the clearance of brush or vegetative growth from structures as outlined in Appendix A of this code as amended.

(G) In lieu of the above procedures, the town shall also have the authority to proceed under any local ordinance it may have adopted for purposes of the administrative enforcement of its code.

(Ord. 730, passed 12-5-2007; Am. Ord. 900, passed 11-5-2025)

(A) Any person receiving a citation for a civil penalty pursuant to § 8.06.0l5(B) may file within 30 days after the date of mailing the citation or bill, an administrative appeal against imposition of the civil penalty or response costs and expense. The appeal shall be in writing and filed with the Fire Chief, and shall include a copy of the bill and statement of the grounds for appeal. The Fire Chief shall conduct an administrative hearing on the appeal, after giving the appellant at least ten days' advance written notice of the time and place of the hearing. Within ten days after the hearing the Chief shall give written notice of the decision to the appellant, which decision shall be final. If the appeal is denied in part or full, all amounts due shall be paid within 30 days after the mailing of the notice of the decision of the hearing officer.

(B) Whenever the Fire Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief to the Board of Directors of the Ross Valley Fire Department within ten days from the date of the decision. The provision of this section shall not apply to corrective actions for the clearance of brush or vegetative growth from structures or to matters for which an appeal is provided pursuant to division (A) above.

(C) In lieu of the above procedures, the town shall also have the authority to proceed under any local ordinance it may have adopted for purposes of the administrative enforcement of its code.

(Ord. 730, passed 12-5-2007; Am. Ord. 900, passed 11-5-2025)

Specific boundaries of natural or man-made features of wildland-urban interface areas shall be as shown on the wildland area interface map on file with the Town Clerk and hereby approved by the Town Council.

(Ord. 730, passed 12-5-2007; Am. Ord. 900, passed 11-5-2025)

The Town Council may, by resolution, revise the fees and penalties established by this Chapter 8.06.

(Ord. 730, passed 12-5-2007; Am. Ord. 900, passed 11-5-2025)