Trinity County Municipal Code Art. I Administration

These regulations shall be known as the "Trinity Fire Safe Regulations" and shall constitute the basic wildland fire protection standards of the county.

(Ord. 1162 §1 Exh. A(part), 1991)

These regulations have been prepared and adopted for the purpose of establishing minimum wildfire protection standards in conjunction with building, construction and development in Trinity County. The future design and construction of structures, subdivisions and developments in the county shall provide for basic emergency access and perimeter wildfire protection measures as specified in the following articles. These measures shall provide for emergency access; signing and building numbering; private water supply reserves for emergency fire use; and vegetation modification. The fire protection standards which follow shall specify the minimum standards for such measures.

(Ord. 1162 §1 Exh. A(part), 1991)

These regulations do not apply to existing structures, roads, streets and private lanes or facilities. These regulations shall apply as appropriate to all construction within the county approved after January 1, 1992. Affected activities include but are not limited to:

A. Permitting or approval of new parcels, excluding lot line adjustments as specified in Government Code (GC) Section 66412(d);

B. Application for a building permit for new construction, not relating to existing structure;

C. Application for a use permit;

D. The siting of manufactured homes (manufactured homes are as defined by the National Fire Protection Association, National Fire Code, Section 501A, Standard for Fire Safety Criteria for Manufactured Home Installations, Sites and Communities, Chapter 1, Section 1-2, Definitions, page 4, 1987 edition and Health and Safety Code Sections 18007, 18008, and 19971);

E. Road construction, including construction of a road that does not currently exist, or extension of an existing road.

Exemption: Roads required as a condition of tentative parcel maps prior to the effective date of the ordinance codified in this chapter; roads for agricultural or mining use solely on one ownership; and roads used solely for the management and harvesting of wood products.

(Ord. 1162 §1 Exh. A(part), 1991)

This chapter shall be applied as follows:

A. Local jurisdictions shall provide CDF's designated representative with notice of applications for building permits, tentative parcel maps, tentative maps, and use permits for construction or development within the county.

B. CDF's designated representative shall review and make fire protection recommendations on applicable construction or development permits or maps provided by the county.

C. The county shall ensure that the applicable sections of this chapter shall become a condition of approval of any applicable construction or development permit or map.

(Ord. 1162 §1 Exh. A(part), 1991)

For the purposes of this chapter:

A. "Accessory building" means any building used as an accessory to residential, commercial, recreational, industrial, or educational purposes as defined in the California Building Code, 1989 Amendments, Chapter 11, Group M, Division 1, occupancy that requires a building permit.

B. "Agriculture" means land used for agricultural purposes as defined in local jurisdiction's zoning ordinances.

C. "Building" means any structure used or intended for supporting or sheltering any use or occupancy that is defined in the California Building Code, 1989 Amendments, Chapter 11, except Group M, Division 1, Occupancy. For the purposes of this subchapter, building includes mobile homes and manufactured homes, churches, and day care facilities.

D. "CDP" means California Department of Forestry and Fire Protection.

E. "Dead-end road" means a road that has only one point of vehicular ingress/egress, including cul-de-sacs and looped roads.

F. "Defensible space" means 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 encompassing 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, street names and building identification, and fuel modification measures.

G. "Development" means as defined in Section 66418.1 of the California Government Code.

H. "Driveway" means a vehicular access that serves no more than two buildings, with no more than three dwelling units on a single parcel, and any number of accessory buildings.

I. "Dwelling unit" means a building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and/or sanitation for not more than one family.

J. "Exception" means 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 valve" see "hydrant."

L. "Fuel modification area" means an area where the volume of flammable vegetation has been reduced, providing reduced fire intensity and duration.

M. "Greenbelts" means a facility or land use, designed for use other than fire protection, which will slow or resist the spread of a wildfire. Includes parking lots, irrigated or landscaped areas, golf courses, parks, playgrounds, maintained vineyards, orchards or annual crops that do not cure in the field.

N. "Hammerhead/T" means a roadway that provides a "T" shaped, three-point turnaround space for emergency equipment, being no narrower than the road that serves it.

O. "Hydrant" means a valved connection on a water supply/storage system, having at least one two and one-half inch outlet, with male American National Fire Hose Screw Threads (NH) used to supply fire apparatus and hoses with water.

P. "Occupancy" means the purpose for which a building, or part thereof, is used or intended to be used.

Q. "One-way road" means a minimum of one traffic lane width designed for traffic flow in one direction only.

R. "Roads," "streets," "private lanes" means vehicular access to more than one parcel; access to any industrial or commercial occupancy; or vehicular access to a single parcel with more than two buildings or four or more dwelling units.

S. "Roadway" means any surface designed, improved, or ordinarily used for vehicle travel.

T. "Roadway structures" means bridges, culverts, and other appurtenant structures which supplement the roadway bed or shoulders.

U. "Same practical effect" as used in this chapter, 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.

V. "Shoulder" means the roadbed or surface adjacent to the traffic lane.

W. "State responsibility area (SRA)" means as defined in Public Resources Code Sections 4126-4127; and the California Code of Regulations, Title 14, Division 1.5, Chapter 7, Article 1, Sections 1220-1220.5.

X. "Structure" means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

Y. "Subdivision" means as defined in Section 66424 of the Government Code.

Z. "Traffic lane" means a portion of a roadway that provides a single line of vehicle travel.

AA. "Turnaround" means a roadway, unobstructed by parking, which allows for a safe opposite change of direction for emergency equipment. Design of such area may be a hammerhead/T or terminus bulb.

BB. "Turnouts" means a widening in a roadway to allow vehicles to pass.

CC. "Vertical clearance" means the minimum specified height of a bridge or overhead projection above the roadway.

DD. "Wildfire" means as defined in Public Resources Code Sections 4103 and 4104.

(Ord. 1162 §1 Exh. A(part), 1991)

A. Inspection shall be made pursuant to Section 8.30.070 by:

1. CDF's designated representative;

2. Special districts that have assumed state fire protection responsibility on SRA lands; or

3. Trinity County where these regulations have been implemented through that jurisdiction's building permit or subdivision approval process.

B. Reports of violations shall be provided to the CDF office in Weaverville.

(Ord. 1162 §1 Exh. A(part), 1991)

The inspection authority will inspect for compliance with these regulations. When inspections are conducted, they should occur prior to: the issuance of the use permit; certificate of occupancy; the recordation of the parcel map or final map; the filing of a notice of completion; or the final inspection of any project or building permit.

(Ord. 1162 §1 Exh. A(part), 1991)

Upon request by the applicant, exceptions to standards within this chapter and mitigated practices may be allowed by the inspection authority, where the exception provides the same overall practical effect as these regulations towards providing defensible space.

(Ord. 1162 §1 Exh. A(part), 1991)

Requests for an exception shall be made in writing to the inspection authority by the applicant or the applicant's authorized representative. 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 or mitigation measure proposed, and a map showing the proposed location and siting of the exception or mitigation measure.

(Ord. 1162 §1 Exh. A(part), 1991)

A. Where an exception is not granted by the inspection authority, the applicant may appeal such denial to the county. The county will utilize an appeal process consistent with existing local building or planning department appeal processes. Before the county makes a determination on an appeal, the inspection authority shall be consulted and shall provide to the county documentation outlining the effects of the requested exception on wildland fire protection.

B. If an appeal is granted, the county 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 CDF ranger unit in Weaverville.

(Ord. 1162 §1 Exh. A(part), 1991)

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

(Ord. 1162 §1 Exh. A(part), 1991)

To ensure continued maintenance of properties in conformance with these standards and to assure continued availability, access and utilization of the defensible space provided for in these standards during a wildfire, provisions for annual maintenance shall be included in the development plans and/or shall be provided as a condition of the permit, parcel or map approval.

(Ord. 1162 §1 Exh. A(part), 1991)