BILL NUMBER: SB 1369 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Kuehl
FEBRUARY 18, 2004
An act to amend Section 51182 of the Government Code, relating to
fire protection.
LEGISLATIVE COUNSEL'S DIGEST
SB 1369, as introduced, Kuehl. Fire protection: high fire hazard
zones.
(1) Existing law requires any person who owns, leases, controls,
operates, or maintains any occupied dwelling or occupied structure
in, upon, or adjoining any mountainous area, forest-covered land,
brush-covered land, grass-covered land, or any land that is covered
with flammable material, which area or land is within a very high
fire hazard severity zone designated by the local agency, as
provided, to, among other things, maintain around and adjacent to the
occupied dwelling or occupied structure additional fire protection
or firebreaks made by removing all brush, flammable vegetation, or
combustible growth that is located from 30 to 100 feet from the
occupied dwelling or occupied structure or to the property line,
whichever is nearer, as may be required by the local agency if the
agency finds that, because of extra hazardous conditions, a firebreak
of only 30 feet around the occupied dwelling or occupied structure
is not sufficient to provide reasonable fire safety.
This bill would revise those requirements to require those persons
to remove all brush, flammable vegetation, or combustible growth
that is located within 100 feet from the occupied dwelling or
occupied structure or to the property line, or at a greater distance
if required by state law, or local ordinance, rule, or regulation.
The bill would require an owner, prior to constructing a new
dwelling or structure or reconstructing a dwelling or structure
damaged by a fire in a very high fire hazard severity zone, to
certify to the property insurance carrier that insures the dwelling
or structure, that the dwelling or structure will be constructed in
compliance with all state and local building codes, including
specified standards covering fire prevention. Because the bill would
expand the definition of a crime, the bill would impose a
state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 51182 of the Government Code is amended to
read:
51182. (a) Any person who owns, leases, controls, operates, or
maintains any occupied dwelling or occupied structure in, upon, or
adjoining any mountainous area, forest-covered land, brush-covered
land, grass-covered land, or any land that is covered with flammable
material, which area or land is within a very high fire hazard
severity zone designated by the local agency pursuant to Section
51179, shall at all times do all of the following:
(1) Maintain around and adjacent to the occupied dwelling or
occupied structure a firebreak made by removing and clearing away,
for a distance of not less than 30 feet on each side thereof or to
the property line, whichever is nearer, all flammable vegetation or
other combustible growth. This paragraph does not apply to single
specimens of trees, ornamental shrubbery, or similar plants that are
used as ground cover, if they do not form a means of rapidly
transmitting fire from the native growth to any dwelling or
structure.
(2) Maintain around and adjacent to the occupied dwelling or
occupied structure additional fire protection or firebreaks made by
removing all brush, flammable vegetation, or combustible growth that
is located from 30 feet to within 100
feet from the occupied dwelling or occupied structure or to the
property line, whichever is nearer, as may be required by
the local agency if the local agency finds that, because of extra
hazardous conditions, a firebreak of only 30 feet around the occupied
dwelling or occupied structure is not sufficient to provide
reasonable fire safety or at a greater distance if
required by state law, or local ordinance, rule, or regulation. This
section does not prevent an insurance company that insures an
occupied dwelling or occupied structure from requiring the owner of
the dwelling or structure to maintain a firebreak of more than 100
feet around the dwelling or structure if a hazardous condition
warrants such a firebreak of a greater distance . Grass and
other vegetation located more than 30 feet from the dwelling or
structure and less than 18 inches in height above the ground may be
maintained where necessary to stabilize the soil and prevent erosion.
(3) Remove that portion of any trees that extends within 10 feet
of the outlet of any chimney or stovepipe.
(4) Maintain any tree adjacent to or overhanging any building free
of dead or dying wood.
(5) Maintain the roof of any structure free of leaves, needles, or
other dead vegetative growth.
(6) Provide and maintain at all times a screen over the outlet of
every chimney or stovepipe that is attached to any fireplace, stove,
or other device that burns any solid or liquid fuel. The screen
shall be constructed and installed in accordance with the California
Building Standards Code.
(7) Prior to constructing a new dwelling or structure that will be
occupied or rebuilding an occupied dwelling or occupied structure
damaged by a fire in such zone, the owner shall certify to the
property insurance carrier that insures the dwelling or structure
that it will be constructed in compliance with all applicable state
and local building standards, including those described in
subdivision (b) of Section 51189.
(b) A person is not required under this section to maintain any
clearing on any land if that person does not have the legal right to
maintain the clearing, nor is any person required to enter upon or to
damage property that is owned by any other person without the
consent of the owner of the property.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.