BILL NUMBER: AB 747 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 7, 1995
AMENDED IN ASSEMBLY APRIL 25, 1995
AMENDED IN ASSEMBLY APRIL 17, 1995
INTRODUCED BY Assembly Member Valerie Brown
FEBRUARY 22, 1995
An act to amend Section 13132.7 of the Health and Safety Code,
relating to fire protection , and declaring the urgency thereof,
to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
AB 747, as amended, V. Brown. Fire protection: very high fire
hazard severity zone: wood roofing materials.
(1) Existing law requires, in very high fire hazard severity zones
designated by either the Director of Forestry and Fire Protection or
by local agencies, every new structure, and every existing structure
when 50% or more of the roof area is reroofed within a one-year
period, to have a fire retardant roof covering that is at least class
B, as defined. Existing law permits certain historic buildings to
utilize alternative fire retardant roof constructions and does not
affect the validity of certain ordinances establishing equivalent or
stricter standards adopted prior to July 1, 1995. Existing law also
requires the installer to provide a certification of the roof
covering classification and requires wood-roofing materials to have
passed a 10-year weather test and a rain test.
This bill instead requires that
certification of the roof covering classification be provided to the
installer by the manufacturer or supplier. The bill also
requires that, on and after January 1, 2001, in
order to be sold in this state, all wood roofing materials shall have
passed : on and after January 1, 1997, at least one year of;
on and after January 1, 1998, at least 2 years of; on and after
January 1, 1999, at least 3 years of; on and after January 1, 2000,
at least 4 years of; and on and after January 1, 2001, at least
5 years of , the 10-year natural weathering test .
The bill would require that the 10-year natural weathering test be
conducted in accordance with a specified standard of the
Uniform Building Code at a testing facility recognized by the State
Fire Marshal, as specified. Because the bill would impose new
responsibilities on local enforcement officials, 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(3) The bill would declare that it is to take effect immediately as
an urgency statute.
Vote: majority 2/3 .
Appropriation: no. Fiscal committee: yes. State-mandated local
program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13132.7 of the Health and Safety Code is
amended to read:
13132.7. (a) Within a very high fire hazard severity zone
designated by the Director of Forestry and Fire Protection pursuant
to Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of
Division 4 of the Public Resources Code and within a very high
hazard severity zone designated by a local agency pursuant to Chapter
6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title
5 of the Government Code, every new structure, and every existing
structure when 50 percent or more of the total roof area is reroofed
within any one-year period, shall have a fire retardant roof covering
that is at least class B as defined in the Uniform Building Code, as
adopted and amended by the State Building Standards Commission.
(b) On or after July 1, 1995, in all other areas, every new
structure, and every existing structure when 50 percent or more of
the total roof area is reroofed within any one-year period,
commencing any date on or after July 1, 1995, shall have a fire
retardant roof covering that is at least class C as defined in the
Uniform Building Code, as adopted and amended by the State Building
Standards Commission.
(c) Notwithstanding subdivision (b), on or after July 1, 1995,
within state responsibility areas classified by the Board of Forestry
pursuant to Article 3 (commencing with Section 4125) of Chapter 1 of
Part 2 of Division 4 of the Public Resources Code, except for those
state responsibility areas designated as moderate fire hazard
responsibility zones, every new structure, and every existing
structure when 50 percent or more of the total roof area is reroofed
within any one-year period commencing any date on or after July 1,
1995, shall have a fire retardant roof covering that is at least
class B as defined in the Uniform Building Code, as adopted and
amended by the State Building Standards Commission.
(d) (1) Notwithstanding subdivision (a), (b), or (c), on or after
January 1, 1997, within very high fire hazard severity zones
designated by the Director of Forestry and Fire Protection pursuant
to Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of
Division 4 of the Public Resources Code or by a local agency
pursuant to Chapter 6.8 (commencing with Section 51175) of Part 1 of
Division 1 of Title 5 of the Government Code, every new structure,
and every existing structure when 50 percent or more of the total
roof area is reroofed within any one-year period commencing on any
date on or after January 1, 1997, shall have a fire retardant roof
covering that is at least class A as defined in the Uniform Building
Code, as adopted and amended by the State Building Standards
Commission.
(2) Paragraph (1) shall not apply to any jurisdiction containing a
very high fire hazard severity zone if the jurisdiction fulfills
both of the following requirements:
(A) Adopts the model ordinance approved by the State Fire Marshal
pursuant to Section 51189 of the Government Code or an ordinance that
substantially conforms to the model ordinance of the State Fire
Marshal.
(B) Transmits, upon adoption, a copy of the ordinance to the State
Fire Marshal.
(c)
(e) The State Building Standards Commission shall
incorporate the requirements set forth in subdivisions (a), (b), and
(c) by publishing them on January 1, 1995, as an amendment to the
California Building Standards Code, commencing with the 1991 edition,
in accordance with Chapter 4 (commencing with Section 18935) of Part
2.5 of Division 13.
(d)
(f) Nothing in this section shall limit the authority of a
city, county, city and county, or fire protection district in
establishing more restrictive requirements, in accordance with
current law, than those specified in this section.
(e)
(g) This section shall not affect the validity of an
ordinance, adopted prior to the effective date for the relevant
roofing standard specified in subdivisions (a) and (b), by a city,
county, city and county, or fire protection district, unless the
ordinance mandates a standard that is less stringent than the
standards set forth in subdivision (a), in which case the ordinance
shall not be valid on or after the effective date for the relevant
roofing standard specified in subdivisions (a) and (b).
(f)
(h) Any qualified historical building or structure as
defined in Section 18955 may, on a case-by-case basis, utilize
alternative roof constructions as provided by the State Historical
Building Code, that meet the same level of fire protection as
described in paragraph (1) of subdivision (a).
(g)
(i) The installer of the roof covering shall provide
certification of the roof covering classification , as provided
by the manufacturer or supplier, to the building owner and,
when requested, to the agency responsible for enforcement of this
part. The installer shall also install the roof covering in
accordance with the manufacturer's listing.
(h) (1) On and after January 1, 2001, in order to be sold in this
state, all wood roofing materials shall have passed at least five
years of the 10-year natural weathering test
(j) (1) No wood roofing materials shall be sold in this state
unless:
(A) On and after January 1, 1997, the materials have passed at
least one year of the 10-year natural weathering test.
(B) On and after January 1, 1998, the materials have passed at
least two years of the 10-year natural weathering test.
(C) On and after January 1, 1999, the materials have passed at
least three years of the 10-year natural weathering test.
(D) On and after January 1, 2000, the materials have passed at
least four years of the 10-year natural weathering test.
(E) On and after January 1, 2001, the materials have passed at
least five years of the 10-year natural weathering test.
(2) The 10-year natural weathering test required by this
subdivision shall be conducted in accordance with standard 15-2
of the 1994 edition of the Uniform Building Code at a testing
facility recognized by the State Fire Marshal.
(2) Notwithstanding paragraph (1), any wood roofing materials that
have not passed at least one year of the 10-year natural weathering
test by January 1, 1997, two years by January 1, 1998, three years by
January 1, 1999, and four years by January 1, 2000, shall not be
sold in this state.
SEC. 2. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
The standards for fire retardant roofs for structures located in
state responsibility areas which were imposed by Chapter 843 of the
Statutes of 1994 take effect on July 1, 1995. This act changes those
standards. In order to avoid confusion over which standards apply,
it is necessary for this act to take immediate effect.