Chapter 49 — REQUIREMENTS FOR WILDLAND-URBAN INTERFACE AREAS

Section 4902. Definitions - Amend Section 4902 as follows:

Amend: FIRE HAZARD SEVERITY ZONE means those areas designated by the City of Oakland as Very High Fire Hazard Severity Zones in Oakland Municipal Code Chapter 15.12.

Amend: WILDLAND-URBAN INTERFACE is a geographical area identified by the state as a "Fire Hazard Severity Zone" in accordance with Public Resources Code Sections 4201 through 4204 and Government Code Sections 51176 through 51189, and includes those areas designated by the City of Oakland as Very High Fire Hazard Severity Zones in Oakland Municipal Code, Chapter 15.12.

Section 4903. Fire Protection Plans - Amend Section 4903 as follows:

Amend: 4903.1 General. When required by the Fire Code Official, a fire protection plan shall be prepared.

Amend: 4903.2 Content. The plan shall be based upon a site-specific wildfire risk assessment that includes considerations of location, topography, aspect, flammable vegetation, climatic conditions and fire history. The plan shall address water supply, access, building ignition and fire-resistance factors, fire protection systems and equipment, defensible space and vegetation management.

Add: 4903.3 Cost. The cost of fire protection plan preparation and review shall be the responsibility of the applicant.

Add: 4903.4 Plan Retention. The fire protection plan shall be retained by the Fire Code Official.

Section 4904. (Fire Hazard Severity Zones) - Amend Section 4904 as follows:

Amend: 4904.3 General. Oakland Very High Fire Hazard Severity Zone. The Oakland Very High Fire Hazard Severity Zone is all of that area within the City, as defined by the Fire Code Official of the City of Oakland, including, but not limited to, the area north and east of the following boundaries:

BEGINNING at the MacArthur Freeway at the San Leandro boarder to Foothill Boulevard; west on Foothill Boulevard to Stanley; west on Stanley to 98th Avenue; south on 98th Avenue to Stearns Avenue; west on Stearns to Burr Street; west on Burr Street to Thermal; west on Thermal to 8500 Thermal; south at 8500 Thermal to MacArthur Boulevard; west on MacArthur Boulevard to 82nd Avenue; north on 82nd Avenue to Utah Street; west on Utah Street to Partridge Avenue; south on Partridge Avenue to Outlook Avenue; west on Outlook Avenue to Seminary Avenue; south on Seminary Avenue to MacArthur Boulevard; west on MacArthur Boulevard to Buell Street; north on Buell Street to Tompkins Avenue; west on Tompkins Avenue to End; straight line from Tompkins Avenue to Wisconsin Street; west on Wisconsin Street to Carlsen Street; west on Carlsen Street to Maple Avenue; south on Maple Avenue to Morgan Avenue; west on Morgan Avenue to Barner; south on Barner to Morgan Avenue; Weston Morgan Avenue to Coolidge Avenue; North on Coolidge Avenue to Alida Street; west on Alida Street to Lincoln Avenue; south on Lincoln Avenue to Tiffin Road; west on Tiffin Road to Whittle Avenue; west on Whittle Avenue to Fruitvale Avenue (Dimond Park); follow the southern and western boundary of Dimond Park to El Centro Road; west on El Centro Road to Dolores; west on Dolores to Park Boulevard; north on Park Boulevard to Piedmont boundary; Piedmont boundary to Mt. View Cemetery; northern boundary of Mountain. View Cemetery to Clarewood Drive; west on Clarewood Drive to Broadway Terrace; south on Broadway Terrace to Margarido Drive; west on Margarido Drive to Lawton; west on Lawton to Broadway; north on Broadway to Keith Avenue; west on Keith Avenue to College Avenue; and north on College Avenue to the corporate limits of the City of Berkeley.

Section 4906. Vegetation Management - Amend Section 4906 as follows:

Add: 4906.1.1 Scope, purpose and enforcement. Vegetation constituting a fire hazard shall be controlled according to Chapter 49 of this Code. At least one time annually the Fire Code Official shall cause a notice to be mailed to property owners advising them of potential conditions to be abated. Thereafter the Fire Code Official shall execute on-site inspections of properties within the Oakland Very High Fire Hazard

Severity Zone, as described in Section 4904.3 of this code, for a determination of specific fire hazard conditions.

Add: 4906.1.2 Prohibition. No person who has any ownership or possessory interest in, or control of a parcel of land shall allow to exist thereon vegetation, which, by reason of proximity to a building or structure, constitutes a fire hazard.

Add: 4906.1.3 Specific requirements. In order to provide sufficient defensible space, each person who has any ownership or possessory interest in, or control of, a parcel of land shall do all of the following:

Add: 4906.1.3.1 General. All properties within the Oakland Very High Fire Hazard Severity Zone must maintain defensible space around all buildings and structures as provided in Section 4907 of this code as amended.

Add: 4906.1.3.4 Violations and Corrective Actions. Violations shall be addressed in accordance with Chapter 1, Sections 109 and 114 of this code.

Section 4907. Defensible Space - Amend Section 4907 as follows:

Add: 4907.4 Defensible Space. Persons owning, leasing, controlling, operating or maintaining buildings or structures in, upon or adjoining the Wildland-Urban Interface Fire Area and persons owning, leasing or controlling land adjacent to such buildings or structures, shall:

Maintain an effective 30-foot defensible space by removing and clearing away flammable vegetation and combustible growth from structures.

Exception: Single specimens of trees, ornamental shrubbery or similar plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure.

Add: 4907.5 Additional Defensible Space. Maintain additional effective defensible space by removing brush, flammable vegetation and other combustible growth located 30 feet to 100 feet from such buildings or structures, when required by the Fire Code Official due to steepness of terrain or other conditions that would cause a defensible space of only 30 feet to be insufficient.

Exception: Grass and other vegetation located more than 30 feet from buildings or structures and less than 18 inches in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion.

Add: 4907.5.1 Trees. Trees within the designated defensible space area shall be maintained in accordance with 4907.3.1.1 thru 4907.3.1.4.

Add: 4907.5.1.1 Tree crowns extending to within 10 feet of any structure shall be pruned to maintain a minimum horizontal clearance of 10 feet.

Add: 4907.5.1.2 Portions of tree crowns that extend within 10 feet of the outlet of a chimney shall be pruned to maintain a minimum horizontal clearance of 10 feet.

Add: 4907.5.1.3 Trees within the defensible space shall be pruned to remove limbs located less than 6 feet above the ground surface.

Add: 4907.5.1.4 Deadwood and litter shall be regularly removed from trees.

Add: 4907.5.2 Clearance of Brush or Vegetative Growth from Roadways. The Fire Code Official is authorized to require areas within 10 feet on each side of portions of fire apparatus access roads and driveways to be cleared of non-fire-resistive vegetation growth.

Exception: Single specimens of trees, ornamental vegetative fuels or cultivated ground cover, such as green grass, ivy, succulents or similar plants used as ground cover, provided they do not form a means of readily transmitting fire.

Add: 4907.5.3 Combustible fences. Maintain all hazardous vegetation located within ten (10) feet (3048 mm) of any combustible fence.

Add: 4907.5.4 Cut vegetation and refuse. Remove and/or safely dispose of all cut vegetation and hazardous refuse. Cut grass may be left on the slope to protect the soil if it lays down within three (3) inches (76 mm) of the ground. Cut vegetation may be chipped or mulched and left on the slope up to a depth of 12 inches (30 mm).

Add: 4907.5.5 Soil erosion control. If the abatement of vegetation results in the exposure of bare mineral soil, or the soil is exposed to such an extent that increased soil erosion would be likely, or the Fire Code Official determines that the abatement has been excessive and poses a threat to the public health, safety or welfare, irrigation and landscaping or a suitable erosion control structure must be provided to establish effective soil erosion control.

Add: 4907.5.6 Minimum requirements. Nothing contained in this Section shall be deemed to preclude the Fire Code Official from requiring more than the minimum specific requirements set forth above when the Fire Code Official determines that conditions exist that necessitates greater fire protection measures.

Add: 4907.5.7 Corrective Actions. The Fire Code Official is authorized to give notice to the owner of the property upon which conditions regulated by Section 4907.1.3 exist to correct such conditions. If the owner fails to correct such conditions, the City of Oakland is authorized to cause the same to be done and make the expense of such correction a lien upon the property where such condition exists.

Add: Section 4907.6 Access.

Add: 4907.6.1 General. Buildings and structures, or portions thereof, hereafter constructed or relocated into or within Wildland-Urban Interface Fire Areas shall be provided with fire apparatus access in accordance with this Chapter.

Add: 4907.6.2 Driveways. Driveways shall be provided when any portion of an exterior wall of the first story of a building is located more than 150 feet from a fire apparatus access road in accordance with 4907.3.2.1 thru 4907.3.2.8.

Add: 4907.6.2.1 Driveways shall be an all-weather surface and shall provide a minimum unobstructed width of 12 feet and a minimum unobstructed height of 13 feet 6 inches.

Add: 4907.6.2.2 Driveways in excess of 150 feet in length shall be provided with turnarounds.

Add: 4907.6.2.3 Driveways in excess of 200 feet in length and less than 20 feet in width shall be provided with turnouts in addition to turnarounds.

Add: 4907.6.2.4 A driveway shall not serve in excess of two dwelling units.

Exception: When such driveways meet the requirements for an access road in accordance with this Chapter.

Add: 4907.6.2.5 Driveway turnarounds shall be in accordance with Fire Department standards.

Add: 4907.6.2.6 Driveways that connect with a road or roads at more than one point may be considered as having a turnaround if all changes of direction meet the radius requirements for driveway turnarounds.

Add: 4907.6.2.7 Driveway turnouts shall be an all-weather road surface at least 8 feet wide and 30 feet long. Driveway turnouts shall be located as required by the code official.

Add: 4907.6.2.8 Vehicle load limits shall be posted at both entrances to bridges on driveways and private roads. Design loads for bridges shall be established by the code official.

Add: 4907.7 Fire Apparatus Access Roads. Fire apparatus access roads shall be all weather roads with a minimum width of 20 feet and a clear height of 13 feet 6 inches; and shall be designed in accordance with Fire Apparatus Access Roads Appendix D.

Section 4911. Water Supply - Amend Section 4911 as follows:

Add: 4911.1 General. Buildings and structures, or portions thereof, hereafter constructed or relocated into or within Wildland-Urban Interface Fire Areas shall be provided with fire protection water supplies in accordance with this Chapter.

Exception: Buildings containing only private garages, carports, sheds and agricultural buildings with a building area of not more than 500 square feet.

Add: 4911.2 Water Sources. The point at which a water source is available for use shall be located not more than 600 feet from all portions of the exterior walls of the building and be approved by the code official. The distance shall be measured along an unobstructed line of travel.

Water sources shall have a minimum usable water volume as determined by the adequate water supply needs in accordance with Section 4914.4. This water source shall be equipped with an approved hydrant. The water source shall be provided and maintained by a recognized water purveyor, mutual water company or water pumped from a well. The design, construction, location, water level maintenance, access, and access maintenance of manmade water sources shall be approved by the code official.

Add: 4911.3 Hydrants. All hydrants shall be designed and constructed in accordance with nationally- recognized standards. The location and access shall be approved by the code official.

Add: 4911.4 Adequate Water Supply. Adequate fire protection water supplies shall be as follows:

One- And Two-Family Dwellings. The required fire protection water supply for one- and two- family dwellings shall be in accordance with Appendix B. The water supply duration need not exceed 30 minutes.

Buildings Other Than One- and Two-Family Dwellings. The water supply required for other than one- and two-family dwellings shall be in accordance with Appendix B.

Exception: The water supply duration need not exceed 2 hours.

Add: 4911.5 Obstructions. Access to all water sources required by this code shall be unobstructed at all times. The code official shall not be deterred or hindered from gaining immediate access to water source equipment, fire protection equipment or hydrants.

Add: 4911.6 Identification. Water sources, hydrants and fire protection equipment shall be clearly identified in a manner approved by the code official to identify location and to prevent obstruction by parking and other obstructions.

Add: 4911.7 Testing and Maintenance. Water sources, hydrants and other fire protection equipment required by this code shall be subject to periodic tests as required by the code official. All such equipment installed under the provisions of this code shall be maintained in an operative condition at all times and shall be repaired or replaced where defective. Additions, repairs, alterations and servicing of such fire protection equipment and resources shall be in accordance with approved standards.

Add: 4911.8 Clearance of Fuel. Defensible space shall be provided around water tank structures, water supply pumps and pump houses in accordance with Section 4907.

Add: 4911.9 Standby Power. Stationary water supply facilities within the Wildland-Urban Interface Fire Areas dependent on electrical power to meet adequate water supply demands shall provide standby power systems in accordance with the Electrical Code to ensure that an uninterrupted water supply is maintained. The standby power source shall be capable of providing power for a minimum of two hours.

Exceptions:

(a)

When approved by the Fire Code Official, a standby power supply is not required where the primary power service to the stationary water supply facility is underground.

(b)

A standby power supply is not required where the stationary water supply facility serves no more than one single-family dwelling.

Section 4912. General Requirements for Suppression and Control - Add Section 4912 as follows:

Add: 4912.1 Scope. The provisions of this Section establish general requirements applicable to new and existing properties located within the Wildland-Urban Interface Fire Areas.

Add: 4912.2 Objective. The objective of this Chapter is to provide necessary fire-protection measures to reduce the threat of wildfire in the Wildland-Urban Interface Fire Areas and improve the capability of controlling such fires.

Add: 4912.3 Restricted Entry to Public Lands. The Fire Code Official is authorized to determine and publicly announce when Wildland-Urban Interface Fire Areas shall be closed to entry and when such areas shall again be opened to entry. Entry on and occupation of Wildland-Urban Interface Fire Areas, except public roadways, inhabited areas or established trails and campsites that have not been closed during such time when the Wildland-Urban Interface Fire Areas is closed to entry, is prohibited.

Exceptions:

(a)

Residents and owners of private property within Wildland-Urban Interface Fire Areas and their invitees and guests going to or being on their lands.

(b)

Entry, in the course of duty, by peace or police officers, and other duly authorized public officers, members of a fire department and members of the Wildland Firefighting Service.

Add: 4912.4 Trespassing On Posted Private Property.

Add: 4912.4.1 General. When the Fire Code Official determines that a specific area within a Wildland-Urban Interface Fire Areas presents an exceptional and continuing fire danger because of the density of natural growth, difficulty of terrain, proximity to structures or accessibility to the public, such areas shall be restricted or closed until changed conditions warrant termination of such restriction or closure. Signs shall be posted in such areas in accordance with Section 4909.4.2.

Add: 4912.4.2 Signs. Approved signs prohibiting entry by unauthorized persons and referring to this code shall be placed on every closed area.

Add: 4912.4.3 Trespassing. Entering and remaining within areas closed and posted is prohibited.

Exception: Owners and occupiers of private or public property within closed and posted areas; their guests or invitees; authorized persons engaged in the operation and maintenance of necessary utilities such as electrical power, gas, telephone, water and sewer; and local, state and federal public officers and their authorized agents acting in the course of duty.

Add: 4912.5 Use of Fire Roads and Defensible Space. Motorcycles, motor scooters and motor vehicles shall not be driven or parked on, and trespassing is prohibited on, fire roads or defensible space beyond the point where travel is restricted by a cable, gate or sign, without the permission of the property owners. Vehicles shall not be parked in a manner that obstructs the entrance to a fire road or defensible space.

Exception: Public officers acting within their scope of duty. Radio and television aerials, guy wires thereto, and other obstructions shall not be installed or maintained on fire roads or defensible spaces, unless located 16 feet (4877 mm) or more above such fire road or defensible space.

Add: 4912.6 Use of Motorcycles, Motor Scooters, Ultralight Aircraft and Motor Vehicles.

Motorcycles, motor scooters, ultra-light aircraft and motor vehicles shall not be operated within Wildland- Urban Interface Fire Areas, without a permit by the code official, except on clearly established public or private roads. Permission from the property owner shall be presented when requesting a permit.

Add: 4912.7 Tampering With Locks, Barricades, Signs and Address Markers. Locks, barricades, seals, cables, signs and address markers installed within Wildland-Urban Interface Fire Areas, by or under the control of the code official, shall not be tampered with, mutilated, destroyed or removed.

Gates, doors, barriers and locks installed by or under the control of the code official shall not be unlocked.

Add: 4912.8 Ignition Source Control.

Add: 4912.8.1 General. Ignition sources shall be in accordance with Section 4909.8.

Add: 4912.8.2 Objective. Regulations in this Section are intended to provide the minimum requirements to prevent the occurrence of wildfires.

Add: 4912.8.3 Clearance from Ignition Sources. Clearance between ignition sources and grass, brush or other combustible materials shall be maintained a minimum of 30 feet.

Add: 4912.8.4 Smoking. When required by the code official, signs shall be posted stating NO SMOKING. No person shall smoke within 15 feet of combustible materials or non-fire-resistive vegetation.

Exception: Places of habitation or in the boundaries of established smoking areas or campsites as designated by the code official.

Add: 4912.8.5 Equipment and Devices Generating Heat, Sparks or Open Flames. Equipment and devices generating heat, sparks or open flames capable of igniting nearby combustibles shall not be used in Wildland-Urban Interface Fire Areas without a permit from the code official.

Exception: Use of approved equipment in habituated premises or designated campsites that are a minimum of 30 feet (9144 mm) from grass-, grain-, brush- or forest-covered areas.

Add: 4912.9 Fireworks. Fireworks shall not be used or possessed in Wildland-Urban Interface Fire Areas.

Add: 4912.10 Outdoor Fires.

Add: 4912.10.1 General. No person shall build, ignite or maintain any outdoor fire of any kind for any purpose in or on any Wildland-Urban Interface Fire Areas or very High Fire Severity Zones, except by the authority of a written permit from the Fire Code Official. Shall also apply to Red Flag Days.

Exception: Outdoor fires within inhabited premises or designated campsites where such fires are in a permanent barbecue, portable barbecue, outdoor fireplace or grill and are a minimum of 30 feet from any combustible material or non-fire-resistive vegetation.

Add: 4912.11 Reckless Behavior. The code official is authorized to stop any actions of a person or persons if the Fire Code Official determines that the action is reckless and could result in an ignition of fire or spread of fire.

Add: 4912.12 Control of Storage. In addition to the requirements of the California Fire Code, storage and use of combustible materials shall be in accordance with Section 4909.5.

Add: 4912.12.1 Outside storage of combustible materials such as, but not limited to, wood, rubber tires, Fire materials or paper products shall comply with the other applicable sections of this code and this Section.

Add: 4912,13 Storage of Firewood and Combustible Materials. Firewood and combustible material shall not be stored in unenclosed spaces beneath buildings or structures, on or below decks or under eaves, canopies or other projections or overhangs. When required by the Fire Code official, storage of firewood and combustible material stored in the defensible space shall be located a minimum of 20 feet from structures and separated from the crown of trees by a minimum horizontal distance of 15 feet.

Add: 4912.13.1 Storage for Off-Site Use. Firewood and combustible materials intended for off-site use shall be stored so as to not pose a hazard.

Add: 4912.14 Dumping. Waste material shall not be placed, deposited or dumped in Wildland-Urban Interface Fire Areas or in, on or along trails, roadways or highways or against structures.

Exception: Approved public and approved private dumping areas.

Add: 4912.15 Ashes and Coals. Ashes and coals shall not be placed, deposited or dumped in combustible containers in the Wildland-Urban Interface Fire Areas.

Exceptions:

(a)

In the hearth of an established fire pit, camp stove or fireplace.

(b)

In a noncombustible container with a tight fitting lid, which is kept or maintained in a safe location not less than 10 feet from non-fire-resistive vegetation or structures.

(c)

Where such ashes or coals are buried and covered with 1 foot of mineral earth not less than 25 feet from non-fire-resistive vegetation or structures.

Add: 4912.16 Objective. The increased public use of land or structures in Very High Fire Hazard Severity Zone also increases the potential threat to life safety. The provisions of this Section are intended to reduce that threat.

Add: 4912.16.1 Permits. Temporary fairs, carnivals, public exhibitions or similar uses shall not be allowed in a designated Very High Fire Hazard Severity Zone, except by permit from the code official. Permits shall incorporate such terms and conditions that will reasonably safeguard public safety and property.

Add: 4912.17 Automatic Fire Sprinkler System. Buildings and structures located in Very High Fire Severity Zones shall be provided with automatic fire sprinkler protection in accordance with Sections 4909.9.1 and

4909.9.2.

Add: 4912.17.1 New Facilities. An approved automatic fire sprinkler system shall be provided throughout all new facilities located in the Wildland-Urban Interface Fire Areas.

Exception: Accessory structures to single-family residences that are nonresidential and that have a gross floor area of 500 square feet or less.

Add: 4912.17.2 Existing Facilities. An approved automatic fire sprinkler system shall be provided throughout all existing facilities/residential buildings located in the Wildland-Urban Interface Fire Areas when modifications are over 500 square feet or when modifications are made that increase the gross floor area greater than 50% or when the modification exceeds 3,600 square feet. Exceptions from 903.2.21 are not permitted for wildland-urban interface areas.

Exception: One-time additions to existing occupancies made after January 1,2008 that do not exceed 500 square feet in gross floor area.