BILL ANALYSIS
SB 1369
Page 1
Date of Hearing: June 7, 2004
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Hannah-Beth Jackson, Chair
SB 1369 (Kuehl) - As Amended: June 1, 2004
SENATE VOTE : 25-12
SUBJECT : Fire protection.
SUMMARY : This bill requires a person who owns property within
either state fire prevention and suppression responsibility
areas, or local responsibility areas where the homes are in very
high fire hazard severity zones, to create a firebreak of 100
feet around any structures on his or her property and to provide
proof of building certification to his or her insurance carrier.
EXISTING LAW :
1)Requires any person who owns, leases, controls, operates or
maintains any building or structure in, or adjoining, any
mountainous area, or forest-covered lands, brush covered
lands, or any land which is covered with flammable material,
within state fire prevention and suppression responsibility
areas, to:
a) Maintain, around any building or structure, a firebreak
made by removing all flammable vegetation or other
combustible growth, by no less than 30 feet on each side.
b) Maintain a wider firebreak which is located 30 feet to
100 feet from any structure, if the Director of Forestry
and Fire Protection (CDF) determines there are extra
hazardous conditions.
2)Defines "person" as any agency of the state, county, city,
district or other local public agency and any individual,
firm, association, partnership, business trust, corporation,
limited liability company or company.
THIS BILL :
1)Requires any person who owns, leases, controls, operates or
maintains any occupied building or occupied structure in, or
adjoining, any mountainous area, or forest-covered lands,
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brush covered lands, or any land which is covered with
flammable material, within state fire prevention and
suppression responsibility areas, and local responsibility
areas when the homes are in very high fire hazard severity
zones to maintain, around any building or structure, a
firebreak made by removing all flammable vegetation or other
combustible growth, located within 100 feet from the
structure.
2)Allows property insurance carriers to require firebreaks
greater than 100 feet if a hazardous condition warrants such a
firebreak, within state fire prevention and suppression
responsibility areas, and local responsibility areas when the
homes are in very high fire hazard severity zones.
3)Requires the owner of new construction and owners who are
re-building structures damaged in very high fire hazard
severity zones to obtain certification from the local building
official that the structure complies with all applicable state
and local building standards and to provide proof, upon
request, to their insurance carriers that the construction
complies with all applicable state and local building
standards, within state fire prevention and suppression
responsibility areas, and local responsibility areas when the
homes are in very high fire hazard severity zones.
4)Allows the Director of CDF to:
a) Authorize the removal of vegetation in order to comply
with the firebreak requirements of this bill.
b) Prescribe a procedure for the removal of that vegetation
and make the expense a lien upon the offending property.
5)Defines "person" to mean a private individual, organization,
partnership, limited liability company or corporation.
FISCAL EFFECT : According to the Senate Appropriations
Committee analysis, minor, if any costs and potentially
significant savings to the state.
COMMENTS :
1)Background
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According to the author's office, as a result of the 2003
Southern California fires, homes and other structures within
regions vulnerable to wildfire should have more protection
from future wildfires. Numerous reports have identified the
lack of enforceable firebreak legislation as a major factor in
the spread of wildfire.
2)Scientific Support
Scientific research supports this increase in firebreak size.
According to by Jack D. Cohen, Ph.D., USDA Forest Research
Physical Scientist, "My research results indicate that the big
flames of high intensity wildland fires do not directly ignite
homes at separation distances beyond 100 feet." (Cohen,
Thoughts on the Wildland-Urban Interface Problem , 2003).
This 100 foot firebreak was revised from a 1999 report by Dr.
Cohen, whereby he explained, "Based on severe-case assumptions
of flame radiation and exposure times, Structure Ignition
Assessment Model calculations indicate that large wildland
flame fronts (e.g., forest crown fires) will not ignite wood
surfaces (e.g., the typical variety of exterior wood walls) at
distances greater than 40 meters [131.20 feet]." According to
the author's office, in the Southern California wildfires, 9
of 10 burned homes had vegetation within 30 feet of the home
and 2/3 of the homes had vegetation within 10 feet.
3)Insurance
It is important to acknowledge the role of the insurance
industry in coping with the risk of wildfires and property.
This bill decreases exposure of the industry to fire-related
losses allowing insurance carriers to make case-by-case
determinations as to whether minimum firebreak clearances are
inadequate. This bill further decreases the industry's
exposure by allowing insurance carriers to enforce the
building standards of the recently enacted AB 1216 (Vargas),
which apply to homes in very high fire hazard severity zones
in both state and local responsibility areas.
4)Technical Amendments
According to the author's office, the language in Section 51182
(a)(7) and Section 4291 (g) of this bill are meant to be
identical. However, the bill, in its current form, contains
two different versions. This bill should be amended to make
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both sections identical, as follows:
On Page 6, strike out lines 30 to 34, inclusive and insert:
the construction or rebuilding of which requires a building
permit, the owner shall obtain a certification from the
local building official that the dwelling or structure, as
proposed to be built, complies with all applicable state
and local building standards, including those described in
subdivision (b) of Section 51189, and shall provide a copy
of the certification, upon request, to the insurer
providing course of construction insurance coverage for the
building or structure. Upon completion of the construction
or rebuilding, the owner shall obtain from the local
building official, a copy of the final inspection report
that demonstrates that the dwelling or structure was
constructed in compliance with all applicable state and
local building standards, including those described in
subdivision (b) of Section 51189, and shall provide a copy
of the report, upon request, to the property insurance
carrier that insures the dwelling or structure.
REGISTERED SUPPORT / OPPOSITION :
Support
Planning and Conservation League (co-sponsor)
Sierra Club California (co-sponsor)
California Chamber of Commerce
California Forestry Association
CDF Firefighters
City of Poway
Defenders of Wildlife
Regional Council of Rural Counties
State Farm
Opposition
None of file
Analysis Prepared by : Manuel Valencia / NAT. RES. / (916)
319-2092