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CC SR 20230321 J - CAL FIRE FHSZ Comment Letter
CITY COUNCIL MEETING DATE: 03/21/2023 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to send a letter to state officials regarding the City’s involvement in Cal Fire's Updated Fire Hazard Severity Zone Maps. RECOMMENDED COUNCIL ACTION: (1) Authorize the Mayor to sign a letter to the State Fire Marshal regarding the City’s involvement in Cal Fire's Updated Fire Hazard Severity Zone Map for Rancho Palos Verdes. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Jesse Villalpando, Senior Administrative Analyst REVIEWED BY: Karina Bañales, Deputy City Manager APPROVED BY: Ara Mihranian, aicp, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft letter to state officials regarding Cal Fire's Updated Fire Hazard Severity Zone (FHSZ) Maps (page A-1) B. Cal Fire’s FHSZ News Release (page B-1) C. Cal Fire’s FHSZ FAQs (page C-1) D. Map of Cal Fire's FHSZs for Rancho Palos Verdes (page D-1) E. May 20, 2008 staff report (page E-1) BACKGROUND: The California Department of Forestry and Fire Protection (Cal Fire) recently began a public comment period for the regulatory adoption process to update its existing FHSZ map, which is a comprehensive map that ranks California’s State Responsibility Area (SRA) — or rural, unincorporated areas — based on the likelihood different areas will experience wildfire. These changes impact SRAs such as state and privately-owned forests, watersheds, and rangelands. 1 RANCHO PALOS VERDES T. v. The State Fire Marshal is mandated by California Public Resource Code 4202 -4204 to classify lands within the SRA into FHSZs. The FHSZ zones are used for several purposes, including to designate areas where California’s defensible space standards, wildland - urban interface building codes, and the State Minimum Fire Safe Regulations are required. Classification of a zone as Moderate, High, or Very High fire hazard is based on a combination of how a fire will behave and the probability of flames and embers threatening buildings. Each area of the map gets a score for flame length, embers, and the likelihood of the area burning. The zones are used for several purposes including to designate areas where California’s defensible space standards and wildland urban interface building codes are required. They can be a factor in real estate disclosure, and local governments may consider them in their general plan. The map updates serve to better reflect zones susceptible to wildfires and provide communities with a valuable a forecasting tool to take steps to prevent and prepare for fires. According to the Department's Frequently Asked Questions (Attachment C) Hazard ranking is based on physical conditions that create a likelihood and potential fire behavior over a 30- to 50-year period, without considering mitigation measures such as fuel reduction projects, defensible space, and ignition-resistant building construction. Soon after the revisions to the SRAs are completed for California’s unincorporated rural areas where wildfires tend to be frequent, the State Fire Marshall will begin updating the maps for Local Responsibility Areas, such as Rancho Palos Verdes. Due to the significant impact such fire mapping can have on the community, the City would like the State Fire Marshall to collaborate with staff on the preparation of its FHSZ map. DISCUSSION: Updates to the Local Responsibility Area (LRA) FHSZ Maps The most recent FHSZ map was updated in 2007. Since then, Cal Fire leadership saw the need to update the map to reflect the impacts of climate and other key factors. Fire scientists and wildfire mitigation experts developed the map using a science -based and field-tested model that assigns a hazard score based on the factors that influence fire likelihood and fire behavior. According to a news release (Attachment B) from the fire agency, the process of updating the hazard mapping incorporated a variety of factors, including fire history, existing and potential fuel (natural vegetation), predicted flame length, blowing embers, terrain, typical fire weather in a region and local climate data and changes in burn probability were also examined. Following the adoption of the SRA FHSZ Map, the Office of the State Fire Marshal will begin providing local governments updated FHSZ maps for LRAs. Under California Government Code 51178, the State Fire Marshal is required to provide local agencies with updated FHSZ maps within their jurisdiction for their local adoption and implementation. With input from local Los Angeles County Fire Department stations, in 2008, Cal Fire determined almost all of Rancho Palos Verdes falls within a Very High Fire Hazard Severity Zone (VHFHSZ), excluding a small portion located east of Western Avenue (Attachment D). The City Council approved the City’s VHFHSZ map on May 20, 2 2008, ahead of new VHFHSZ-based fire prevention construction requirements that went into effect in July of that year. (Attachment E). The LRA map is anticipated to be updated using the same data and methodology as the SRA map this spring. Cal Fire uses an extension of the state responsibility area FHSZ model as the basis for evaluating fire hazard in the LRA. The LRA Hazard risk rating accounts for flame and ember intrusion from adjacent wildlands and flammable urban vegetation. It bears repeating that local mitigation efforts, such as fuel breaks, defensible space, and home hardening, are excluded from Hazard classifications. Due to the fact that local fire mitigation efforts are not currently accounted for in the updating of both SRA and LRA maps, this could result in inaccurate map designations if the same one -size-fits- all strategy is used to designate the City's fire hazard zone. On January 17, 2023, the City Council, at the request of Mayor Pro Tem John Cruikshank, directed Staff to pursue participating in Cal Fire's update of the FHSZ for the City's LRA map in coordination with the City's Emergency Preparedness Committee. The expressed concern by the Council centered on how the map was being drafted, how it would be utilized, and the potential negative effects it could have on Rancho Palos Verdes property and homeowners. Staff has contacted L.A. County Fire Chief Bennett regarding the possibility of the City coordinating with Cal Fire to review and provide feedback on the City's LRA mapping prior to its release. In response to this request, Chief Bennett informed Staff that the L.A. County Department of Forestry and Cal Fire will se nd draft mapping information (when provided to the L.A. County Fire Department by the state) for the City's review and input, anticipated to be finalized by the fall of 2023. Additional information and educational opportunities about the City’s LRA maps will be shared as they become available. To underscore the City’s desire to collaborate with the State Fire Marshall, the City Council is being asked to authorize the Mayor to sign the attached letter (Attachment A). The letter requests staff’s participation in updating the FHSZ map for the City to ensure that the strategies developed by the City over the past few years, including fuel modification in the Palos Verdes Nature Preserve, the Zonehaven Evacuation Mapping and Tools, and the installation of early wildfire detection cameras, to name a fe w, are considered in the updated map. ADDITIONAL INFORMATION: Currently, Cal Fire is seeking public input on updates to the SRA fire severity maps. As part of the adoption process of the map, the public may submit written comment s at the address below or through email at FHSZcomments@fire.ca.gov. Written comments may be submitted by U.S. mail to the following address: Office of the State Fire Marshal C/O: FHSZ Comments California Department of Forestry and Fire Protection P.O. Box 944246 Sacramento, CA 94244- 2460. The public comment period now totals 110 days and closes on April 4, 2023. Information about how to submit public comment is available on Cal FIRE’s website. 3 CONCLUSION: Residents of Rancho Palos Verdes have long been concerned about wildfires, and the City Council has historically strongly opposed statewide policies that aim to adopt a one- size-fits-all strategy that is ineffective for many cities, including ours. Since updates to the map disregard decades of relevant and meaningful local mitigation efforts made by the City, Staff recommends the City Council authorize the Mayor to sign a comment letter to Cal Fire advocating for the incorporation and use of such mitigation efforts in the updating of the City of Rancho Palos Verdes FHSZ LRA mapping. A draft letter is included as Attachment A. ALTERNATIVES: In addition to the Staff recommendation, the following alternative action s are available for the City Council’s consideration: 1. Identify revised language to add to the letter. 2. Do not authorize the Mayor to sign the letter. 3. Take other action, as deemed appropriate. 4 March 21, 2023 Via Email Daniel Berlant Acting State Fire Marshal/Deputy Director California Department of Forestry and Fire Protection 715 P Street Sacramento, CA 95814 SUBJECT: Fire Hazard Severity Zones Dear Deputy Director Berlant: The City of Rancho Palos Verdes thanks you for the opportunity to provide comments on the draft Fire Hazard Severity Zones (FHSZ) map for the State Responsibility Areas (SRA) being prepared by the Department of Forestry and Fire Protection (Cal Fire) and the Office of the State Fire Marshal. While the City agrees with Cal Fire that high-level wildfire hazard mapping is an important tool for all Californians, the City is writing on behalf of our residents to advocate for close collaboration with city officials to ensure that local fire mitigation efforts are reflected in the FHSZ Local Responsibilities Area (LRA) mapping for the City. The Palos Verdes Peninsula is home to four incorporated cities with approximately 63,000 residents who will rely on a very limited number of evacuation routes in the event of a major wildfire. It's been 14 years since the Peninsula had a major wildfire, and in that time, California has experienced two droughts, making the Peninsula's canyons and vast open space areas even more vulnerable. A 2019 series of news stories by the Associated Press, the USA Today Network, McClatchy, and Media News identified Rancho Palos Verdes as the most populated California city with 90% or more of residents living in a VHFHSZ, making it among communities that “could be the next Paradise.” The City remains committed to its residents' and community members' safety and well- being. The City has taken additional measures to protect our community from wildfires, including working with local utility companies to reduce the risk of utility -started fires; implementing year-round brush clearance particularly in the City-owned 1,500 acre Palos A-1 CITY OF BARBARA FERRARO, MAYOR JOH N CRU ll<SHAN I<, MAYOR PRO TEM ERI C A LE GRI A, COUNC IL MEMBER DAVID BR AD LE Y, COUNC IL MEMBER PAUL SEO, COUNC ILMEMBER RANCHO PALOS VERDES Chief Daniel Berlant March 21, 2023 Page 2 Verdes Nature Preserve; communicating with local insurance underwriters to understand how we can avoid premium hikes and decreased insurance availability ; supporting state legislation, grants, and incentives for residents and neighborhoods interested in fire - hardening their homes; and pursuing the development of a Peninsula-wide wildfire camera detection system which would provide timely and accurate alerts of fire ignitions to the Peninsula cities and public safety agencies. This spring, it is anticipated that the LRA map will be updated utilizing the same data and methodology as the SRA map. Both maps will influence local land use policies and techniques for managing wildfires without taking mitigation measures such as fuel reduction projects, defensible space, and ignition-resistant building construction into account. FHSZ designations have an effect on, among other things, planning decisions, building code applications, and the availability and price of residential home insurance. After a decade of internal agency work updating FHSZ designations, we appreciate Cal Fire’s determination to release an updated wildfire map. But we caution that not including the City’s long history of relevant fire mitigation efforts will frustrate meaningful input and, more importantly, may result in inaccurate map designations. While we appreciate Cal Fire's intention to mitigate catastrophic wildfires, the City believes local jurisdictions can offer important insight regarding local fire safety and mitigation efforts in their communities, as opposed to a statewide strategy that applies equally to all jurisdictions. For these reasons and more, the City of Rancho Palos Verdes strongly advocates for Cal Fire and the Office of the State Fire Marshal to ad opt a collaborative strategy with local cities, such as Rancho Palos Verdes, when updating the LRA FHSZ Maps to ensure that decades of significant mitigation efforts are included. The City thanks you for your work on the issue of mitigating the impact of wildfire hazards on local communities and is eager to collaborate with Cal Fire on the forthcoming amendments to the City of Rancho Palos Verdes LRA FHZS Map. Sincerely, Barbara Ferraro Mayor, City of Rancho Palos Verdes cc: Ben Allen, Senator, 24th State Senate District Al Muratsuchi, Assembly Member, 66th Assembly District Jacki Bacharach, South Bay Cities Council of Governments Jeff Kiernan, League of California Cities Rancho Palos Verdes City Council and City Manager A-2 CAL FIRE Releases Updated Fire Hazard Severity Zone Map for Public Comment, Will Host 57 Public Hearings throughout California After years of planning and collaboration with fire scientists, firefighters, stakeholders, and local community partners, the new map reflects changes in fire hazard in unincorporated, rural areas, as experienced in California over past years. Sacramento – CAL FIRE - Office of the State Fire Marshal this week will begin a public comment period for the regulatory adoption process to update the existing map that captures Fire Hazard Severity Zones (FHSZ), which is a comprehensive map that ranks California’s State Responsibility Area (SRA)—or rural, unincorporated areas—based on the likelihood different areas will experience wildfire. After years of work to develop a sound scientific basis and methodology with a range of experts and stakeholders, updates to this map bring this valuable tool and statutory requirement current in a way that accurately reflects today’s reality for wildfire hazard throughout the state. More specifically, this process includes a few details to know below: •This current revision only updates areas in California’s unincorporated, rural areas where wildfires tend to be frequent—called the “SRA” or “State Responsibility Area.” This does not include cities or large urban areas. •This process does not change rules or requirements for homes or properties in these areas related to wildfire prevention, preparedness, and mitigation. The same requirements will remain regardless of whether a particular area is reclassified or not. •The last Wildfire Hazard Severity Zone map was updated in 2007 and required an update. A lot has happened since 2007. Using the best available science with academic researchers and others, this updated map reflects the impacts of a changing climate and includes a variety of other key factors. •This is the beginning of a nearly two-month public process. These maps are being shared for your comments and questions during the regulatory process. A total of 57 public hearings will be held throughout the state with the goal of hearing from you. •An online public toolkit and interactive map is available to help answer your questions. Take some time to explore your address, read the FAQs, learn about the process and where to turn. A hotline is also available to help answer your questions directly and to help increase access. CONTACT: CAL FIRE PIO (916)651-3473 @CAL_FIRE calfire.dutypio@fire.ca.gov RELEASE DATE: 12/14/2022 CAL FIRE NEWS RELEASE California Department of Forestry and Fire Protection B-1 “Ensuring Californians know the wildfire hazard in their area is critical to ensuring we all take the appropriate steps to prepare for wildfires,” said Chief Daniel Berlant, CAL FIRE Deputy Director of Community Wildfire Preparedness and Mitigation. “The updated map is the product of years of discussions and incorporates the latest science to provide a long-term outlook of an area’s wildfire hazard.” CAL FIRE’s fire scientists and wildfire mitigation experts developed the map using a science-based and field-tested model that assigns a hazard score based on the factors that influence fire likelihood and fire behavior. Many factors are considered, such as fire history, existing and potential fuel (natural vegetation), predicted flame length, blowing embers, terrain, and typical fire weather for an area. These zones fall into the following classifications – moderate, high, and very high. Working closely with the Department of Insurance and other agencies, CAL FIRE is creating a shared approach to further reduce wildfire risk that assists residents and businesses with accessing affordable insurance. The Department’s first-ever report on climate insurance recommended updated wildfire hazard mapping to improve public safety. Insurance companies and researchers, along with insurance agents and brokers, have been involved throughout this process to ensure cooperation between all sectors to better support Californians. And while insurance companies use similar methodologies to calculate risk as they price their insurance offerings to consumers, insurance risk models also incorporate many factors beyond this process, and many of these factors can change more frequently than those that CAL FIRE includes in its hazard mapping. CAL FIRE remains committed to answering all questions from the public and working with the Department of Insurance, the insurance industry, and consumer groups throughout this process. “Making California safer from wildfires is our top priority, and my Department of Insurance will continue to work closely with the first responders at CAL FIRE to better prepare our communities,” said Insurance Commissioner Ricardo Lara, who issued the Safer from Wildfires insurance framework with CAL FIRE and other agencies earlier this year as well as finalizing his new regulation to increase access to wildfire safety discounts and to ensure consumers can learn more about wildfire risks being considered by their insurance company. “Public education about where current wildfire hazards exist is essential to reducing the threat to local communities and maintaining access to affordable insurance. I encourage Californians to ask questions in this public process and to learn more about the tools that exist to help communities and governments reduce their local risks.” Overall, the map shows increased fire hazard, reflecting California’s increase in wildfire occurrence and severity because of many factors, including a changing climate. The map has been updated to more accurately reflect the zones in California that are susceptible to wildfire, to help provide transparency for planning and preparedness efforts, and to provide communities a forecasting tool so that the public can take steps to prevent and prepare for wildfire. The hazard mapping process incorporates local climate data and changes in burn probability based on recent trends in fire occurrence. The model was reviewed and validated by members of the science community, as well as with outreach with various stakeholders including insurance, building, fire, and local agencies. “Counties acknowledge the importance of accurately mapping fire hazard severity zones,” said Doug Teeter, Butte County Supervisor and Incoming Chair, Rural County Representatives of California. “RCRC member counties appreciate CAL FIRE’s continued engagement of local governments in this important effort.” The State Fire Marshal is mandated by California Public Resource Code 4202-4204 to classify lands within the SRA into FHSZs and the most recent SRA FHSZ map was last updated in 2007. The FHSZ B-2 zones are used for several purposes, including to designate areas where California’s defensible space standards, wildland-urban interface building codes, and the State Minimum Fire Safe Regulations are required. They can be a factor in real estate disclosure, and local governments may consider them in their general plan. However, officials stress it is important to note that within the SRA mitigation requirements already apply to all zones. A designation change for an area does not affect the legal requirements for mitigations since they are already required consistently across the SRA. “As we continue to focus on addressing California’s housing crisis, we support the importance of building so that structures are safely designed and built to mitigate an area’s wildfire hazard,” said Dan Dunmoyer, President and CEO of the California Building Industry Association. “To build more fire safe communities in the future, it is critically important for CAL FIRE to update these maps to ensure we all can take steps to build a more resilient California.” Ways to stay informed and join the conversation As part of the adoption process of the map, CAL FIRE invites public comment on the proposed map between December 16, 2022, and February 3, 2023. The public may submit written comment at the address below or through email at FHSZcomments@fire.ca.gov. In addition, CAL FIRE will host a public comment hearing in all 56 counties that have SRA to receive public comment. Information on the hearings can be found on CAL FIRE’s website at osfm.fire.ca.gov/FHSZ. Written comments may be submitted by U.S. mail to the following address: Office of the State Fire Marshal C/O: FHSZ Comments California Department of Forestry and Fire Protection P.O. Box 944246 Sacramento, CA 94244-2460 To determine the FHSZ of a property, the public can easily search an address using a new FHSZ Viewer at osfm.fire.ca.gov/FHSZ. In order to help California residents better understand the FHSZ map and answer questions, CAL FIRE has created a public toolkit on its website to include new and easy to follow sections, including maps, frequently asked questions, and an automated “hotline” to contact for specific information. The new website also includes dates, times, and locations of FHSZ public hearings that will be held in the 56 Counties that have FHSZs within the SRA. For information about FHSZs, visit the program’s website at osfm.fire.ca.gov/FHSZ. The public can also call an automated hotline at (916) 633-7655. Following the adoption of the SRA FHSZ Map, CAL FIRE - Office of the State Fire Marshal will begin providing local governments updated FHSZ maps for Local Responsibility Areas. Under California Government Code 51178, the State Fire Marshal is required to provide local agencies with the areas within their jurisdiction that meet FHSZ criteria for their local adoption and implementation. ### B-3 CAL FIRE – January 12, 2023 FAQ Page 1 FREQUENTLY ASKED QUESTIONS ABOUT: 2022 Fire Hazard Severity Zones Fire Hazard Severity Zones Explained • What is a “Fire Hazard Severity Zone,” or FHSZ? o Answer: Public Resource Code 4202; The State Fire Marshal shall classify lands within state responsibility areas into fire hazard severity zones. Each zone shall embrace relatively homogeneous lands and shall be based on fuel loading, slope, fire weather, and other relevant factors present, including areas where winds have been identified by the department as a major cause of wildfire spread. Government Code 51178; The State Fire Marshal shall identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread. When were the maps last updated? o Answer: In 2007, CAL FIRE updated the FHSZs for the entire State Responsibility Area (SRA). Between 2008-2011 the department worked with local governments to make recommendations of the Very High Fire Hazard Severity Zones within Local Responsibility Areas (LRA). • When will the maps be updated? o Answer: Over the past few years, CAL FIRE has been building the new model for a 2022 update. The latest technologies will be used in the mapping and will include new factors now available including land use changes, recent fire history, new significant wind event data, as well as a model that is more spatially detailed. • Why are fire hazard severity maps being updated? o Answer: The hazard maps are being updated to more accurately reflect the zones in California that are susceptible to wildfire. The hazard mapping process will incorporate new science in local climate data and improved fire assessment modeling in determining hazard ratings. • What do Fire Hazard Severity Zones measure? o Answer: The Fire Hazard Severity Zone map evaluates “hazard,” not “risk”. The map is like flood zone maps, where lands are described in terms of the probability level of a particular area being inundated by floodwaters, and not specifically prescriptive of impacts. “Hazard” is based on the physical conditions that create a likelihood and expected fire behavior over a 30 to 50-year period without considering mitigation measures such as home hardening, recent wildfire, or fuel reduction efforts. “Risk” is the potential damage a fire can do to the area under existing conditions, accounting for any modifications such as fuel reduction projects, defensible space, and ignition resistant building construction. • Where do Fire Hazard Severity Zones apply? o Answer: Fire Hazard Severity Zones are found in areas where the state has financial responsibility for wildfire protection and prevention, called the State Responsibility Area. More than 31 million acres are in this area. Under Senate Bill 63 (Stern, 2021) Government C-1 ~ ----------~ ------~ CAL FIRE – January 12, 2023 FAQ Page 2 Code 51178 was amended to add the Moderate and High Fire Hazard Severity Zones with the Very High in local jurisdictions. • What are the uses of Fire Hazard Severity Zones? o Answer: The zones are used for several purposes including to designate areas where California’s defensible space standards and wildland urban interface building codes are required. They can be a factor in real estate disclosure, and local governments may consider them in their general plan. • Is there an easy way to determine the Fire Hazard Severity Zone of my property? o Answer: You can search by address to find your current designation on the web at: osfm.fire.ca.gov/FHSZ • What are the key elements of the Fire Hazard Severity Zone model? o Answer: The fire hazard severity model for wildland fire has two key elements: probability of an area burning and expected fire behavior under extreme fuel and weather conditions. The zones reflect areas that have similar burn probabilities and fire behavior characteristics. The factors considered in determining fire hazard within wildland areas are fire history, flame length, terrain, local weather, and potential fuel over a 50-year period. Outside of wildlands, the model considers factors that might lead to buildings being threatened, including terrain, weather, urban vegetation cover, blowing embers, proximity to wildland, fire history, and fire hazard in nearby wildlands. FHSZs are not a structure loss model, as key information regarding structure ignition (such as roof type, etc.) is not included. • How do the Fire Hazard Severity Zone Maps differ from California Public Utilities Commission (CPUC) High Fire Threat District Maps? o Answer: The California Public Utilities Commission (CPUC) sponsored map, known as "CPUC High Fire Threat District Map” (HFTD), includes similar factors as those in the FHSZ maps, however the CPUC HFTD Map is designed specifically for identifying areas where there is an increased risk for utility associated wildfires. As such, the CPUC map includes fire hazards associated with historical powerline-caused wildfires, current fuel conditions, and scores areas based on where fires start, as opposed to where potential fires may cause impacts. • Why is my property in a different zone than the adjacent area, which looks similar? o Answer: In non-wildland areas, zone edges occur based on distance to the wildland edge. Because hazard in these areas is largely determined by incoming embers from adjacent wildland, urban areas that are similar in vegetation type and housing density may have a change in FHSZ class as the distance to the wildland edge increases. Areas immediately adjacent to wildland receive the same FHSZ score as that wildland where fire originates, and the model then produces lower scores as the distance to wildland edge increases. In wildland areas, zone edges are a result of the way zones are delineated. Specifically, zones represent areas of similar slope and fuel potential. Zone boundaries divide zones based on geographic and vegetation features that align with fire hazard potential; although, at a local scale, it may appear that the immediate area is similar on both sides of the edge. The class value within a zone is based on the average hazard score across the whole zone, so areas that are in the same zone but not immediately adjacent to a local area can have an influence on the final zone classification. C-2 CAL FIRE – January 12, 2023 FAQ Page 3 Data Related Questions • How are Fire Hazard Severity Zones determined? o Answer: CAL FIRE used the best available science and data to develop, and field test a model that served as the basis of zone assignments. The model evaluated the probability of the area burning and potential fire behavior in the area. Many factors were included such as fire history, vegetation, flame length, blowing embers, proximity to wildland, terrain, and weather. • What new data will be included in the new model, and how does this differ from the previous model? o Answer: A 2 km grid of climate data covering the years 2003-2018 is being used in the update. The previous model used stock weather inputs across the state to calculate wildland fire intensity scores. The updated model will adjust fire intensity scores based on the most extreme fire weather at a given location, considering temperature, humidity, and wind speed. In addition, ember transport is being modeled based on local distributions of observed wind speed and direction values instead of using a generic buffer distance for urban areas adjacent to wildlands. • What is the difference between the various Fire Hazard Severity Zones? o Answer: Classification of a wildland zone as Moderate, High or Very High fire hazard is based on the average hazard across the area included in the zone, which have a minimum size of 200 acres. In wildlands, hazard is a function of modeled flame length under the worst conditions and annual burn probability. Both these factors generally increase with increasing hazard level, but there may be instances where one value is Very High and the other is low, pushing the overall hazard into a more intermediate ranking. On average, both modeled flame length and burn probability increase by roughly 40-60% between hazard classes. Classification outside of wildland areas is based on the fire hazard of the adjacent wildland and the probability of flames and embers threatening buildings. • Why does the model place an emphasis on the spread of embers? o Answer: Embers spread wildfire because they can travel long distances in the wind and ignite vegetation, roofs, attics (by getting into vents), and decks. • Is the GIS data for Fire Hazard Severity Zones available for download? o Answer: The data inputs used to develop the Fire Hazard Severity Zones are identified in the Initial Statement of Reasons (ISOR) Title 19 Development (ca.gov). Geospatial data files of FHSZ are currently not available during the adoption process. The regulation incorporates the map by reference, and it is presented as an accurate and tractable representation of the data; release of the geospatial data files could compromise the integrity of the files, causing misrepresentation of the map and regulation. Upon completion of this process, the FHSZ maps will become formally adopted; at that time geospatial data files will become available. We have provided a web map service for you to view the zone classifications at osfm.fire.ca.gov/FHSZ. • Why do waterbodies have a Fire Hazard Severity Zone Classification? o Answer: All areas in State Responsibility Area, including water bodies, require a fire hazard severity zone designation. The 2007 FHSZ maps zoned all water as moderate by default. In the 2022 FHSZ model we added a buffer of FHSZ from the surrounding wildland into water bodies to account for potential threat of embers to buildings on docks and house boats, as well as variation in reservoir height that occurs with drought. C-3 CAL FIRE – January 12, 2023 FAQ Page 4 State Regulated Area Questions • What is “State Responsibility Area," or SRA? o Answer: SRA is a legal term defining the area where the state has financial responsibility for wildland fire protection and prevention. Incorporated cities and federal ownership are not included. Within the SRA, CAL FIRE is responsible for fire prevention and suppression. There are more than 31 million acres in SRA, with an estimated 1.7 million people and 800,000 existing homes. • How is state responsibility area determined? o Answer: The Board of Forestry and Fire Protection (Board) classifies land as State Responsibility Area. The legal definition of SRA is found in the Public Resources Code Section 4125. The Board has developed detailed procedures to classify lands as State Responsibility Area. Lands are removed from SRA when they become incorporated by a city, change in ownership to the federal government, become more densely populated, or are converted to intensive agriculture that minimizes the risk of wildfire. While some lands are removed from SRA automatically, the Board typically reviews changes every five years. • What Fire Hazard Severity Zones are in State Responsibility Area? o Answer: All of the State Responsibility Area is in a Fire Hazard Severity Zone. Lands are either ranked as Moderate, High or Very High Fire Hazard Severity Zones. • What are the wildland urban interface (WUI) building codes in State Responsibility Area? o Answer: The WUI building codes (California Building Code (CBC) Chapter 7A) reduce the risk of embers fanned by wind-blown wildfires from igniting buildings. The codes for roofing, siding, decking, windows, and vents apply throughout all state responsibility area regardless of the fire hazard severity ranking. Ember-resistant building materials can be found at: https://osfm.fire.ca.gov/divisions/fire-engineering-and-investigations/building- materials-listing/ Local Regulated Area Questions • What is “Local Responsibility Area”, or LRA? o Answer: Local Responsibility Areas (LRA) are incorporated cities, urban regions, agriculture lands, and portions of the desert where the local government is responsible for wildfire protection. This is typically provided by city fire departments, fire protection districts, counties, and by CAL FIRE under contract. • What is the “Bates Bill”? o Answer: The “Bates Bill” (AB 337), Government Code Section 51175, was prompted by the devastating Oakland Hills Fire of 1991. This mid-1990s legislation calls for CAL FIRE to evaluate fire hazard severity in local responsibility area and to make a recommendation to the local jurisdiction where very high FHSZs exist. The Government Code then provides direction for the local jurisdiction to take appropriate action. • How are Fire Hazard Severity Zones determined in local responsibility areas? o Answer: CAL FIRE uses an extension of the state responsibility area Fire Hazard Severity Zone model as the basis for evaluating fire hazard in Local Responsibility Area. The Local Responsibility Area hazard rating reflects flame and ember intrusion from adjacent wildlands and from flammable vegetation in the urban area. • What are the requirements for landowners in FHSZs in local responsibility areas? GC51189 C-4 CAL FIRE – January 12, 2023 FAQ Page 5 o Answer: California’s WUI building codes (CBC Chapter 7A) apply to the design and construction of new buildings located in High and Very High FHSZs in Local Responsibility Areas. Local ordinances may require ignition resistant construction for remodel projects. Check with your local building department to determine which ignition resistant building codes apply to your project. In addition, Government Code Section 51182 calls for defensible space clearance and other wildland fire safety practices for buildings. Owners are also required to make a natural hazard disclosure as part of a real estate transfer. For information regarding “home hardening” and defensible space clearance, visit www.ReadyForWildfire.org. • Does the designation of Very High Fire Hazard Severity Zones in the Local Responsibility Area trigger the 100-foot clearance requirement? o Answer: Yes, per Government Code 51182 unless a local government has passed a more stringent requirement, the 100-foot defensible space clearance applies. For information regarding “home hardening” and defensible space clearance, visit www.ReadyForWildfire.org. • How does CAL FIRE assist Local Governments in Fire Hazard Severity Zones? o Answer: CAL FIRE’s Land Use Planning Program is a specialized unit that provides support to local governments by providing fire safety expertise on the State’s wildland urban interface building codes, wildfire safety codes, as well as helping in the development of the safety elements in general plans. Currently there are 189 cities and 56 counties with FHSZ. • What is the process for developing Fire Hazard Severity Zones in the Local Responsibility Area? o Answer: CAL FIRE uses the same modeling data that is used to map the State Responsibility Area. The department works with local jurisdictions for validation of the mapping. The map, along with a model ordinance, are then sent to the governing body for adoption. • How are the new Fire Hazard Severity Zones impacting development? o Answer: Many of the changes expanding fire hazard severity zones in local responsibility areas (LRA) have been supported by the building industry. CAL FIRE works closely with the building industry when setting various building codes and defensible space requirements, so we are working together to not affect development itself but to make sure development matches the hazards of that area. • When will the Local Responsibility Area Map be released? o Answer: The Local Responsibility Area Map Process will happen after the State Responsibility Area process has been completed, which is estimated to occur in Spring or Summer of 2023. Insurance Related Questions • Will the new fire hazard severity zones affect my ability to get or maintain insurance? o Answer: Insurance companies use risk models, which differ from hazard models, because they consider the susceptibility of a structure to damage from fire and other short-term factors that are not included in hazard modeling. It is unlikely that insurance risk models specifically call out CAL FIRE Fire Hazard Severity Zones as a factor, but much of the same data that is used in the fire hazard severity zone model are likely included in the insurance companies’ risk models. However, insurance risk models incorporate many additional factors and factors that change more frequently than those that CAL FIRE includes in its hazard mapping, which is built to remain steady for the next 10+ years. C-5 CAL FIRE – January 12, 2023 FAQ Page 6 Resources, Additional Information, and Contact Information • To find the current FHSZ designation for a property, visit FHSZ Map Viewer (ca.gov). • Helpful links: o FHSZ Website: ▪ osfm.fire.ca.gov/FHSZ o FHSZ Map Viewer: ▪ FHSZ Map Viewer (ca.gov) • Contacts for FHSZ for Public Questions: (916) 633-7655 FHSZinformation@fire.ca.gov C-6 Rancho Palos Verdes The State of California and the Department of Forestry and Fire Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. Obtain FRAP maps, data, metadata and publications on the Internet at http://frap.cdf.ca.govFor more information, contact CAL FIRE-FRAP, PO Box 944246, Sacramento, CA 94244-2460, (916) 327-3939. Jerry Brown, Governor, State of CaliforniaJohn Laird, Secretary for Resources,The Natural Resources AgencyKen Pimlott, Director,Department of Forestry and Fire Protection Government Code 51175-89 directs the California Department of Forestry and Fire Protection (CAL FIRE) to identifyareas of very high fire hazard severity zones within Local Responsibility Areas (LRA). Mapping of the areas, referredto as Very High Fire Hazard Severity Zones (VHFHSZ), is based on data and models of, potential fuels over a 30-50year time horizon and their associated expected fire behavior, and expected burn probabilities to quantify the likelihoodand nature of vegetation fire exposure (including firebrands) to buildings. Details on the project and specific modelingmethodology can be found at http://frap.cdf.ca.gov/projects/hazard/methods.htm. Local Responsibility Area VHFHSZmaps were initially developed in the mid-1990s and are now being updated based on improved science,mapping techniques, and data. In late 2005 to be effective in 2008, the California Building Commission adopted California Building Code Chapter 7Arequiring new buildings in VH FHSZs to use ignition resistant construction methods and materials. These new codesinclude provisions to improve the ignition resistance of buildings, especially from firebrands. The updated very high firehazard severity zones will be used by building officials for new building permits in LRA. The updated zones will also beused to identify property whose owners must comply with natural hazards disclosure requirements at time of propertysale and 100 foot defensible space clearance. It is likely that the fire hazard severity zones will be used for updates tothe safety element of general plans. This specific map is based on a geographic information system dataset that depicts final CAL FIRE recommendationsfor Very High FHSZs within the local jurisdiction. The process of finalizing these boundaries involved an extensive localreview process, the details of which are available at http://frap.cdf.ca.gov/projects/hazard/btnet/ (click on "Continueas guest without logging in"). Local government has 120 days to designate, by ordinance, very high fire hazard severityzones within its jurisdiction after receiving the recommendation. Local government can add additional VHFHSZs.There is no requirement for local government to report their final action to CAL FIRE when the recommended zones areadopted. Consequently, users are directed to the appropriate local entity (county, city, fire department, or FireProtection District) to determine the status of the local fire hazard severity zone ordinance. California Teale Albers, NAD 1983Scale 1: 15,000at 36" x 36"September 2011 © 0 2Miles 0 3Kilometers This map was developed using data products such as parcel and city boundaries provided by local government agencies. In certain cases, this includes copyrighted geographic information.The maps are for display purposes only - questions and requests related to parcel or city boundary data should be directed to the appropriate local government entity. DATA SOURCESCAL FIRE Fire Hazard Severity Zones (FHSZL06_1)CAL FIRE Very High Fire Hazard Severity Zones in LRA - Los Angeles (c19fhszl06_5) MAP ID: Rancho Palos Verdes Fire Hazard Severity Zones County Boundary Parcels City Boundary Local Responsibility Area State or Federal Responsibility Areas VHFHSZ Non-VHFHSZ VHFHSZ Non-VHFHSZ Very High Fire Hazard Severity Zones in LRAAs Recommended by CAL FIRE D-1 , ' / ,1/ -- / ,✓ , ' 11 J ' , I ' ' ! , I ' ' ' ' r ' ' I - ' ' \ -, I I , , I I .. ,. I., 1[-I-,■ •111r"f1 .•[!_ -, l • ' • •-·-• u ~:--, .,., _ •'-• -,,.., •. , I I E-1 CrTYOF RANCHO PALOS VERDES MEMORANDUM TO: FROM: DATE: SUBJECT: REVIEWED: HONORABLE MAYOR & CITY COUNCIL MEMBERS JOEL ROJAS, ~R OF PLANNING, BUILDING AND CODE ENFvl,EMENT May 20, 2008 ADOPTION OF FIRE HAZARD SEVERITY ZONE MAPS CAROLYN LEHR, CITY MANAGER<q")-Q:,r Project Manager: Paul Christman, Building Offi~ RECOMMENDATION 1) ADOPT URGENCY ORDINANCE NO. _U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONES, AMENDING THE 2007 CALIFORNIA FIRE CODE, AMENDING TITLE 8 OF THE RANCHO PALOS VERDES MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF; and, 2) INTRODUCE ORDINANCE NO._, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONES, AMENDING THE 2007 CALIFORNIA FIRE CODE, AND AMENDING TITLE 8 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. BACKGROUND On December 18, 2007, the City Council adopted the new 2007 California Building Code with an effective date of January 1, 2008. Within the new Building Code is chapter 7 A which contains specific fire prevention construction requirements which apply to new buildings located within a Very-High Fire Hazard Severity Zone (VHFHSZ). The application of this chapter was delayed until July 1, 2008 to allow the State Department of Forestry and Fire Protection (CAL FIRE) to review and update the statewide Fire Hazard Severity Zone mapping (which has been in effect since 1995) to better identify VHFHSZ's using recently advanced fire hazard modeling techniques. The State has recently completed its review and has updated the fire hazard mapping for areas in the State where local governments have responsibility for wildland fire protection. These areas, such as the City of Rancho Palos Verdes, are referred to by E-2 the State as the Local Responsibility Area or LRA. With the LRA mapping completed, each local jurisdiction must now adopt their respective Fire Hazard Severity Map by July 1, 2008. This is because the new fire prevention construction requirements adopted with the new 2007 Building Code that are related to the new fire hazard maps go into effect on that date. As a result, Staff is now presenting the City's Fire Hazard Severity Map, as proposed by the Director of Forestry and Fire Protection (CAL FIRE), to the City Council for formal adoption. DISCUSSION The authority to identify and map VHFHSZ's is found in Government Code Sections 51175-51189 (attached). The purpose of this Government Code chapter is to classify lands in accordance with whether a very· high fire hazard severity is present so that public officials are able to identify measures that will mitigate the rate of fire spread, and reduce the potential intensity of uncontrolled fires that threaten to destroy resources, life, property, and to require that those measures be taken. Based on the modeling techniques employed by CAL FIRE (attached), together with local input from the local L.A. County Fire stations, the updated maps indicate that the entire City of Rancho Palos Verdes, excluding the portion of the City located east of Western Avenue (approximately 98 acres involving 322 single-family and 123 multi- family units), is classified as a VHFHSZ. This represents no change to the pre-existing designation mapped by the State for the entire Palos Verdes Peninsula. The Fire Hazard Severity Zone maps (which divide the City into 3 tiles or sheets) are attached. The attached ordinances adopt the updated Fire Hazard Severity Zone maps that have been prepared by CAL FIRE for the City. The updated maps are needed to implement the new ignition resistant building standards contained in Chapter 7 A (attached) of the recently adopted building code. These new standards will apply to any new buildings in VHFHSZ's for which an application for a building permit is submitted after July 1, 2008. Some of the new ignition resistant building standards include, but are not limited to: *Tempered glass for windows *Enclosed underfloor areas or ignition resistant materials for cantilevered projections *Spark resistant attic and underfloor vent openings *Roof gutter screens In addition, pursuant to the State government code, properties located within a VHFHSZ must maintain certain defensible space through specific fuel modification (brush clearing) requirements. These fuel modification requirements are enforced wholly by the L.A. County Fire Department. Furthermore, property owners located within a VHFHSZ must disclose that their property is located within a VHFHSZ at the time of sale. These requirements have been in place since the original State government code dealing with VHFHSZ's was adopted in 1995. ADDITIONAL INFORMATION E-3 Insurance Issue The City Council may recall that back in 2004, at the request of Councilmember Long, Staff looked into the issue of the VHFHSZ mapping on the Peninsula. The inquiry was prompted by correspondence from some Rancho Palos Verdes residents who experienced difficulty obtaining quotes for homeowners' insurance because their properties were identified as being located in a fire hazard area. After looking into the issue, which included speaking to realtors and insurance companies, Staff reported to the Council in 2004 that it did not appear that the VHFHSZ mapping was affecting homeowners' ability to obtain fire insurance since insurance companies utilize information to identify fire risk, whereas the VHFHSZ mapping identifies hazards and not risk. This situation should still hold true as no change to the City's VHFHSZ mapping will occur with adoption of the new maps.· Related to this topic, attached is some information on a public educational campaign that is being spearheaded by the State with regards to insurance and fire prevention. Fire Department Representatives A representative from the L.A. County Fire Department is scheduled to attend the May 20, 2008 City Council meeting to answer any questions about the VHFHSZ mapping. CONCLUSION Staff has received the updated Fire Hazard Severity Zone Maps for the City from the California Department of Forestry and Fire Protection (CAL FIRE). Staff is recommending that the City Council adopt the attached urgency and non-urgency ordinances to adopt the maps. The updated maps are needed to implement the new ignition resistant building standards contained in the recently adopted building code that go into effect on July 1 , 2008. FISCAL IMPACT Adoption of the maps will have no fiscal impact on the City's General Fund. Attachments: 1. Proposed Urgency and Non-Urgency Ordinances 2. Proposed Very High Fire Hazard Severity Zone Map (3 sheets) 3. Government Code Section 51175-51189 4. CAL FIRE fire hazard modeling information 5. California Building Code Chapter 7 A 6. Insurance MOU E-4 ORDINANCE NO. U AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONES, AMENDING THE 2007 CALIFORNIA FIRE CODE, AMENDING TITLE 8 OF THE RANCHO PALOS VERDES MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter 8 of Title 8 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new Section 8.08.060 thereto to read as follows: "Section 8.08.060. Very High Fire Hazard Severity Zone Maps. The City Council of the City of Rancho Palos Verdes hereby designates Very High Fire Hazard Severity Zones, as recommended by the Director of the California Department of Forestry and Fire Protection and the County of Los Angeles Fire Department, as designated on the maps entitled Fire Hazard Severity Zone, which are on file in the City's Planning, Building and Code Enforcement Department." Section 2. The maps entitled Fire Hazard Severity Zone are hereby attached to this Ordinance as Exhibit A and incorporated herein by this reference. Section 3. CEQA Findings. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance may have a significant effect on the environment. The Ordinance does not authorize construction and, in fact, imposes greater restrictions on certain development in order to protect the public health, safety and general welfare. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act pursuant to Section 15061 (b )(3) of Title 14 of the California Code of Regulations. R6876-0001\1056250v2.doc E-5 Section 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 5. Urgency Findings. The Director of the California Department of Forestry and Fire Protection recently completed the preparation of the attached Maps and submitted them for review by the City and the County of Los Angeles Fire Department. The Fire Department and the City recently completed their review of the Maps. With the mapping completed, the City is required by State law to adopt the Fire Hazard Severity Maps by July 1, 2008. This is because the new fire prevention construction requirements adopted with the new 2007 Building Code, which are related to the new fire hazard maps, go into effect on that date. To protect the public, health, safety and welfare, it is imperative that the maps and the new building code provisions become effective simultaneously and be in effect by July 1, 2008. Accordingly, to meet this deadline, it is necessary to adopt this urgency ordinance, which will become effective immediately upon adoption. This ordinance is necessary for the immediate preservation of the public health, safety and welfare, declares the facts constituting the urgency, and is passed by at least a four-fifths vote of the City Council. Accordingly, 2 R6876-0001\1056250v2.doc E-6 this measure is adopted immediately upon introduction pursuant to Government Code Section 36934 and shall take effect immediately pursuant to Government Code Section 36937(b). PASSED, APPROVED, AND ADOPTED, this __ day of May, 2008. ATTEST: _________ (SEAL) Carla Morreale City Clerk R6876-000 I \I 056250v2.doc 3 Douglas W. Stern Mayor E-7 EXHIBIT A /MAPS 4 R6876-0001\1056250v2.doc E-8 ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONES, AMENDING THE 2007 CALIFORNIA FIRE CODE, AND AMENDING TITLE 8 OF THE RANCHO PALOS VERDES MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter 8 of Title 8 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new Section 8.08.060 thereto to read as follows: "Section 8.08.060. Very High Fire Hazard Severity Zone Maps. The City Council of the City of Rancho Palos Verdes hereby designates Very High Fire Hazard Severity Zones, as recommended by the Director of the California Department of Forestry and Fire Protection and the County of Los Angeles Fire Department, as designated on the maps entitled Fire Hazard Severity Zone, which are on file in the City's Planning, Building and Code Enforcement Department." Section 2. The maps entitled Fire Hazard Severity Zone are hereby attached to this Ordinance as Exhibit A and incorporated herein by this reference. Section 3. CEQA Findings. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance may have a significant effect on the environment. The Ordinance does not authorize construction and, in fact, imposes greater restrictions on certain development in order to protect the public health, safety and general welfare. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations. Section 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or R6876-0001\1056250vl.doc E-9 place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 5. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. PASSED, APPROVED, AND ADOPTED, this __ day of May, 2008. ATTEST: _________ (SEAL) Carla Morreale City Clerk R6876-0001\1056250vl .doc 2 Douglas W. Stern Mayor E-10 EXHIBIT A /MAPS 3 R6876-0001\1056250v l .doc E-11 E-12 E-13 E-14 ,, CALIFORNIA CODES GOVERNMENT CODE SECTION 51175-51189 l 51175. The Legislature hereby finds and declares as follows: (a) Fires are extremely costly, not only to property owners and residents, but also to local agencies. Fires pQse a serious threat to the preservation of the public peace, health, or safety. Since fires ignore civil boundaries, it is necessary that cities, counties, special districts, state agencies, and federal agencies work together to bring raging fires under control. Preventive measures are therefore needed to ensure the preservation of the public peace, health, or safety. (b) The prevention of fires is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead, a matter of statewide concern. It is the intent of the Legislature that this chapter apply to all local agencies, including, but not limited to, charter cities, charter counties, and charter cities and counties. This subdivision shall not limit the authority of a local agency to impose more restrictive fire and panic safety requirements, as otherwise authorized by law. (c) It is not the intent of the Legislature in enacting this chapter to limit or restrict the authority of a local agency to impose more restrictive fire and panic safety requirements, as otherwise authorized by law. 51176. The purpose of this chapter is to classify lands in the state in accordance with whether a very high fire hazard is present so that public officials are able to identify measures that will retard the rate of spread, and reduce the potential intensity, of uncontrolled fires that threaten to destroy resources, life, or property, and to require that those measures be taken. 51177. As used in this chapter: (a) "Director'' means the Director of Forestry and Fire Protection. (b) "Very high fire hazard severity zone" means an area designated by the director pursuant to Section 51178 that is not a state responsibility area. (c) "Local agency" means a city, county, city and county, or district responsible for fire protection within a very high fire hazard severity zone. (d) "Single specimen tree" means any live tree that stands alone in the landscape so as to be clear of buildings, structures, combustible vegetation, or other trees, and that does not form a means of rapidly transmitting fire from the native growth to any occupied dwelling or structure. (e) "State responsibility areas" means those areas identified pursuant to Section 4102 of the Public Resources Code. E-15 51178. (a) The director shall i~ntify areas in the state as very high fire hazard severity zones basd'd on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors. (b) On or before January 1, 1995, the director shall identify areas as very high fire hazard severity zones in the Countie~ of Alameda, Contra Costa, Los Angeles, Marin, Napa, Orange, Riverside, San Bernardino, San Francisco, San Mateo, Santa Barbara, Santa Clara, Solano, Sonoma, and Ventura. This information shall be transmitted to all local agencies with identified very high fire hazard severity zones within 30 days. (c) On or before January 1, 1996, the director shall identify areas as very high fire hazard severity zones In all other counties. This information shall be transmitted to all local agencies with Identified high fire hazard severity zones within 30 days. 51178.5. Within 30 days after receiving a transmittal from the director that identifies very high fire hazard severity zones, a local agency shall make the information available for public review. The information shall be presented in a format that is understandable and accessible to the general public, including, but not limited to, maps. 51179. (a) A local agency shall designate, by ordinance, very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the director pursuant to subdivisions (b) and (c) of Section 51178. A local agency shall be exempt from this requirement if ordinances of the local agency, adopted on or before December 31, 1992, impose standards that are equivalent to, or more restrictive than, the standards imposed by this chapter. (b) A local agency may, at its discretion, exclude from the requirements of Section 51182 an area identified as a very high fire hazard severity zone by the director within the jurisdiction of the local agency, following a finding supported by substantial evidence in the record that the requirements of Section 51182 are not necessary for effective fire protection within the area. (c) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not Identified as very high fire hazard severity zones by the director, as very high fire hazard severity zones following a finding supported by substantial evidence in the record that the requirements of Section 51182 are necessary for effective fire protection within the area. (d) Changes made by a local agency to the recommendations made by the director shall be final and shall not be rebuttable by the director. E-16 (e) The State Fire Marshal shall prepare and adopt a model ordinance that provides for the esf blishment of very high fire hazard severity zones. (f) Any ordinance adopted by a local agency pursuant to this section that substantially conforms to the model ordinance of the State Fire Marshal shall be presumed to be in compliance with the requirements of this section. (g) A local agency shall post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the map provided by the director pursuant to Section 51178. If the agency amends the map, pursuant to ·subdivision (b) or (c) of this section, the notice shall instead Identify the location of the amended map. 51180. For the purposes of Division 3.6 (commencing with Section 810) of Title 1, vegetation removal or management, undertaken in whole or in part, for fire prevention or suppression purposes shall not be deemed to alter the natural condition of public property. This section shall apply only to natural conditions of public property and shall not limit any liability or immunity that may otherwise exist pursuant to this chapter. 51181. The director shall periodically review the areas in the state identified as very high fire hazard severity zones pursuant to this chapter, and as necessary, shall make recommendations relative to very high fire hazard severity zones. This review shall coincide with the review of state responsibility area lands every five years and, when possible, fall within the time frames for each county's general plan update. Any revision of areas included in a very high fire hazard severity zone shall be made in accordance with Sections 51178 and 51179. 51182. (a) A 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 or other vegetation that Is well-pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to any dwelling or structure. E-17 (2) Maintain around and adjacent to the occupied dwelling or occupied structure addittpnal fire protection or firebreaks made by removing all brush, flamma51e 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. 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. This paragraph does not apply to single specimens of trees or other vegetation that is well-pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to a dwelling or structure. (3) Remove that portion of any tree 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) 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 that zone, 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. (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. E-18 51183. · (a) The local agency rn\y exempt from the standards set forth in Section 51182 structures with exteriors constructed entirely of nonflammable materials, or conditioned upon the contents and composition of the structure, and may vary the requirements respecting the removing or clearing away of flammable vegetation or other combustible growth with respect to the area surrounding the structures. In no case shall this subdivision be deemed to authorize a local agency to vary any requirement that is a building standard subject to Section 18930 of the Health and Safety Code, except as otherwise authorized by law. (b} No exemption or variance shall apply unless and until-the occupant thereof, or if there be no occupant, then the owner thereof, files with the local agency a written consent to the inspection of the interior and contents of the structure to ascertain whether the provisions of Section 51182 are complied with at all times. 51183.5. (a} A transferor of real property that is located within a very high fire hazard severity zone, designated pursuant to this chapter, shall disclose to any prospective transferee the fact that the property is located within a very high fire hazard severity zone, and Is subject to the requirements of Section 51182. (b) Disclosure is required pursuant to this section only when one of the following conditions is met: (1) The transferor, or the transferor's agent, has actual knowledge that the property is within a very high fire hazard severity zone. (2) A map that includes the property has been provided to the local agency pursuant to Section 51178, and a notice is posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the local agency. (c} In all transactions that are subjectto Section 1103 of the Civil Code, the disclosure required by subdivision (a) of this section shall be provided by either of the following means: (1) The Local Option Real Estate Disclosure Statement as provided in Section 1102.6a of the Civil Code. (2) The Natural Hazard Disclosure Statement as provided in Section 1103.2 of the Civil Code. (d) If the map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a very high fire hazard zone, the transferor shall mark "Yes" on the Natural Hazard Disclosure Statement. The transferor may mark "No" on the Natural Hazard Disclosure Statement if he or she attaches a report prepared pursuant to subdivision (c) of Section 1103.4 of the Civil Code that verifies the property Is not In the hazard zone. Nothing in this subdivision is E-19 intended to limit or abridge any existing duty of the transferor or the transferor's agents to fXercise reasonable care in making a determination under this subdivisiorr: (e) Section 1103.13 of the Civil Code shall apply to this section. (f) The specification of items for disclosure in this section does not limit or abridge any obligation for disclosure created by any other provision of law or that may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction. 51184. (a) Section 51182 shall not apply to 'any land or water area acquired or managed for one or more of the following purposes or uses: (1) Habitat for endangered or threatened species, or any species that is a candidate for listing as an endangered or threatened species by the state or federal government. (2) Lands kept in a predominantly natural state as habitat for wildlife, plant, or animal communities. (3) Open space lands that are environmentally sensitive parklands. (4) Other lands having scenic values, as declared by the local agency, or by state or federal law. (b) This exemption applies whether the land or water area is held in fee title or any lesser interest. This exemption applies to any public agency, any private entity that has dedicated the land or water areas to one or more of those purposes or uses, or any combination of public agencies and private entities making that dedication. (c) This section shall not be construed to prohibit the use of properly authorized prescribed burning to improve the biological function of land or to assist in the restoration of desired vegetation. (d) In the event that any lands adjacent to any land or water area described in subdivision (a) are improved such that they are subject to Section 51182, the obligation to comply with Section 51182 shall be with the person owning, leasing, controlling, operating, or maintaining the occupied dwelling or occupied structure on the improved lands. All maintenance activities and other fire prevention measures required by Section 51182 shall be required only for the improved lands, not the land and water areas described in subdivision (a). 51185. (a) A violation of Section 51182 is an infraction punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). (b) If a person is convicted of a second violation of Section 51182 within five years, that person shall be punished by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500). (c) If a person is convicted of a third violation of Section 51182 within five years, that person is guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500). · E-20 51186. · · The local agency having j~risdiction of property upon which conditions regulated by Section 51182 are being violated shall notify the owner of the property to correct the conditions. If the owner fails to correct the conditions, the local agency may cause the corrections to be made, and the expenses incurred shall become a lien on the property that is the subject of the corrections when recorded in the county recorder's office in the county in which the real property is located. The priority of the lien shall be as of the date of recording. The lien shall contain the legal description of the real property, the assessor's parcel number, and the name of the owner bf record as shown on the latest equalized assessment roll. 51187. Any violation of Section 51182 may be considered a public nuisance pursuant to Section 38773. 51188. In the instance of conflict between this chapter and any provision of state law that allows a regional planning agency to regulate very high fire hazard severity zones, this chapter shall prevail. 51189. (a) The Legislature finds and declares that space and structure defensibility is essential to effective fire prevention. This defensibility extends beyond the vegetation management practices required by this chapter, and includes, but is not limited to, measures that increase the likelihood of a structure to withstand Intrusion by fire, such as building design and construction requirements that use fire resistant building materials, and provide protection of structure projections, including, but not limited to, porches, decks, balconies and eaves, and structure openings, including, but not limited to, attic and eave vents and windows. (b) No later than January 1, 2005, the State Fire Marshal, in consultation with the Director of Forestry and Fire Protection and the Director of Housing and Community Development, shall, pursuant to Section 18930 of the Health and Safety Code, recommend building standards that provide for comprehensive space and structure defensibility to protect structures from fires spreading from adjacent structures or vegetation and vegetation from fires spreading from adjacent structures. Source: http://leginfo.public.ca.gov/calaw.html E-21 Fire Hazard Zoning Model Documentation 9/18/07 1. Background CDF is legally mandated to periodically map Fire Hazard Severity Zones (FHSZ) on SRA lands, as well as recommend Very High Fire Hazard Severity Zones in LRA. New building code standards recently promulgated by the State Fire Marshall have established these maps as the basis for adoption of these new regulations. Under direction by the Director of CDF, the Fire and Resource Assessment Program (FRAP) has developed a statewide, consistent logic and science-based model for Fire Hazard Zoning to meet the needs of the adoption of these new building standards. Additional information, including a powerpoint on the FHSZ modeling process and support documents for the review can be found at; http://frap.cdf.ca.gov/projects/hazard/fhz.html 2. Definitions We follow definitions and terminology recently advanced for using classic quantified risk assessment techniques for use in wildland fire assessment as found in Bachmann and Algl>wer 2000, and Scott 2006. Here, hazard refers to the physical conditions that can lead to damage, and risk is a quantified assessment of that potential damage. Wildfire hazard has two key components: probability, and fire behavior. The FHSZ modeling outlined here and employed in the maps uses these two components to describe hazard, but has no information regarding asset or resource characterization nor their relative vulnerability to damage as based on the hazard score. A good way of viewing this issue is to consider fire hazard to only be concerned with the nature of the fire itself: how often we believe an area will burn, and when it does burn, what kinds of potential ignition mechanisms will that fire create such that exposure to buildings may lead to to the structure being damaged/destroyed. Thus hazard does not equal risk, but is an important factor in determining risk. Ongoing work at true quantified risk assessment must include hazard, asset characterization, and response (damage) relationships of various assets to the mixture of fire behaviors it will be exposed (Scott, 2006) The other key definitional element associated with this work concerns the term "zone". We interpret wildfire hazard zones to be areas of relatively homogeneous burn probabilities and associated fire behavior mechanisms that drive structure ignitions. Consequently zones differ from highly resolved spatial characterization of fire behavior in that they are aggregated or averaged over space into zones of user-defined sizes. In the following FHSZ modeling, zones E-22 vary in sizes from 20 acre minimums in urbanized areas to 200 acre minimums in wildland areas. In summary, wildfire hazard zones represent areas of variable size ranging from 20 acres in urbanized areas to at least 200 acres in wild/and areas, with relatively homogeneous characteristics regarding expected burn probability and potential fire behavior attributes based on climax fuel conditions over a 30-50 year time horizon. 3. Model Construction A simplified flow-chart of the principle steps in FHSZ mapping is shown in Figure 1. The basic procedure follows a zone creation-scoring-classification routine where zones are differentiated into wildland and urban/developed areas. A)ZONING Zoning is divided into urban/developed and wildland areas due to the unique characteristics of urbanized areas where classic wildland fire assessment tends to break down. In the wildland areas, expected fire behavior is a function of the typical fire intensity expected on a normally severe fire weather day, inclusive of expected firebrands landing in the zone, coupled with the expected likelihood that the zone will burn as based on a stratified calculation of bum probability calculated from the last 50 years of fire history. Wildland zones are aggregated into polygons with a minimum size of 200 acres based on general vegetation type and slope conditions. Urban/Developed zones are based on parcel data (where available) in conjunction with 2000 census data and the existing urban footprint found in the most recent multi-source statewide vegetation map data available at FRAP. The criteria are based on concentrations of development where minimum size of area (20 acres) and maximum size of residential parcels (2 acres) is designed to find areas where significant changes in the drivers for hazard change as a reflection of urbanization: fuel discontinuity, non-wildland fuels, increased detection and suppression response, etc. The net effect is to define areas where existing modeling techniques designed for wildlands do not effectively" work. E-23 WlldlandioJ18$• flRE HAZARD $EVERITY ZONING MODEi.STRUCTURE ~v.Eiloped Zones (Utbanlz~) E-24 .. B) SCOR/NG/CLASSIFICATION The Fire Hazard Zone model uses expected potential fire behavior in conjunction with burn probability to assess hazard. Wildland Zones are relatively uniform areas regarding slope and potential fuel type that represents the maximal fire hazard. Assessment of fuel conditions for this process differ from many hazard assessments in that the model may differ from current conditions due to the desire to reflect hazard potential over a long (30-50 year) horizon. Consequently, fuel characterization uses a "climax fuel" construct, to reflect the maximal fire hazard the area might produce during this period. Burn probability acts as fire behavior multiplier and as such exerts strong influence on scoring. Cell-based fire behavior reflecting nearby radiation and flame-contact potential is based on expected flame length times burn probability that is then classified into three classes. Firebrands are produced from sites based on surface fire or torching potential of forested fuel types and produce a halo of area where brands are received. Each cell in the data set is calculated for its sum of all brand scores received, which then forms the basis for the final brand 3-class data that together with flame class forms the basis of the final FHSZ class score. In contrast, urban zones as classified based on the wildland hazard adjacent to the developed area, the vegetation density and fuel type in the developed area, and the likely zone of influence of firebrands coming from wildland and densely vegetated urban areas supporting woody vegetation. Both inputs to the model and the final product have been extensively cross-checked against recent (2005) full color aerial photography as a means of ground check. Analogous 3-class flame and brand class components are used for final FHSZ classification. Where counties have made parcel data available to CDF, final boundaries between rankings in wildland areas are adjusted to result in no parcels less than 5 acres having more than one ranking, and all rankings in developed areas are resolved at the individual parcel scale (i.e., no parcels are split amongst two or more hazard ranks). In cases where no parcel data is available, the maps have no rectification with parcel boundaries, and will require review and judgment regarding appropriate designation in cases where parcels are split. 4. Model Considerations Useful In Review and Improvement In LRA- VHFHSZ Map Accuracy The computer-generated map being reviewed here is a result of model development that uses data to describe the expected physical environment, and logic rules that translate the data into a description of fire hazard potential specific to ignition exposure to new construction. The map is only as good as the input data and model rules used to create it. It was built over very large spatial scales, across widely diverse types of lands, and includes estimations for fuel E-25 conditions and burn probabilities over relatively long periods of time. As such, the map should be viewed as CAL-FIRE'S best first attempt to create an accurate picture of areas of significant hazard potential. We encourage deliberations that include both upgrading hazard areas currently not considered VH, and downgrading areas currently designated as VH into lower classifications where warranted. While direct contact will automatically be made to all jurisdictions with DRAFT VH areas, diligence must be used to communicate with jurisdictions that are not currently VH, but may warrant it. Areas of the map can be significantly improved by detailed local review where a number of key issues should be understood about the model's definitions, intent, and application. While we encourage and welcome local review, recommendations for change need to be supported by information relevant to how and why the model was constructed as it has been. Consequently, in addition to the recommended change areas produced during the review process, we also ask for information providing justification for these changes, and contact information for the person making the request should we need to contact the person to better understand their submissions. Background issues relevant to improving the VHFHSZ map: • The FHSZ model is built off a presumption that urbanized areas may also be considered very hazardous when adjacent to open wildland areas that can initiate an urban conflagration, that is, the FHSZ model is wildland- centric in the sense that wildland areas -in addition to being hazardous themselves, also influence the hazard conditions of non-wildland areas near them. Thus, VHFHSZ's are predicated on an area of wildland meeting the models specifications of significance. • To qualify as a unique zone, the area must be a minimum size of 200 acres, unless bounded on all sides by urban areas, in which case minimum size is reduced to 20 acres. • Wildland fuels and the local fire environment (slope, aspect, fire weather patterns, ignition potential, etc.) combine to create a characteristic burn probability and fire behavior in the form of both flame length and firebrand production. • Wildland areas that are suspect as to their hazard conditions can be documented and reference information (photography, description, etc.) accompany the change area to justify changing its hazard rating. • Omission errors in the map result from our inability to accurately map enclaves of wildland areas within urbanized areas. If you believe the map does not reflect VH urbanized areas, potential areas to evaluate include those 20 acre and larger within urban zones, and those under 20 acres E-26 .. •··' ....... _ connected to adjacent wildland zones. Additionally, the model does not include any explicit treatment of existing structural fuels on fire hazard and spread (e.g., a high percentage of wood roofs in a particular area) that would influence the overall hazard, please document these conditions. • Commission errors -that is those areas identified as Very High hazard, but are actually not --may be a function of bad input data describing the wildland areas, or possibly out-of-date land descriptions for recently developed areas. It is important to note that recent development does not automatically warrant exclusion from VH designation. Size, shape, and adjacent wildland characteristics provide both immediate fire exposure at the margins of these newly developed areas, and firebrands may manifest exposure to interior portions of the area as well. Suggestions for removal of areas from VH designation should take these factors into account. • FHSZ describes only the physical hazard of vegetation and associated urban-conflagration fires; factors relating to mitigated risk provided by local fire suppression and/or fire prevention measures are not included in the model and cannot be used directly as a justification for changing the hazard classification. Examples, such as water delivery systems, access/egress, local fire safe measures can only provide justification if they can be materially documented to change the basic building blocks of the FHSZ model. Fuel modifications are viewed as transient, and many fire protection system elements are ineffective in urban conflagrations, but local conditions that significantly affect the chance of a fire occurring may possibly justify a change to the map. 5. Questions and Comments Questions and comments regarding model development and review and validation procedures can be directed to the Unit FHSZ contact at each CAL FIRE Unit or Contract County. E-27 ····",, Literature Cited Bachmann, Andreas, and B. Allgower. 2000 The need for a consistent wildfire risk terminology. Pages 67-77 In: Vol 1, Proceedings from: The Joint Fire Sciences Conference and Workshop, Boise ID June 15-17, 1999. L. F. Neuenschwander, K.C. Ryan, Tech. Eds. University of Idaho, Moscow ID. Scott Scott, Joe H. 2006. An analytical framework for quantifying wildland fire risk and fuel treatment benefit. Pages 149-162 In: Fuels Management -How to measure success: Conference Proceedings. USDA, Forest Service Rocky Mountain Research Station Proceedings RMR-P _ 41. 809 p. E-28 Appendix A. FHSZ_class descriptions Class levels are applied to both wildland and urban/developed areas: Wildland zones are defined as relatively homogeneous areas 200 ac and larger dominated by native vegetation cover. They may include inholdings of non- burnable types including water, agricultural lands and barren/rock, but the majority of the landscape is covered by natural plant cover. Developed/Urban zones are areas that have a strong influence of human development, and are characterized by parcel sizes 2 acres or smaller and/or intermingled commercial properties. Contiguous Zones are a minimum of 20 acres in total size, and wildland enclaves within urban areas are also a minimum of 20 acres. FHSZ_class definitions Value= 1 Label = Moderate Either a) Wildland areas supporting areas of typically low fire frequency and relatively modest fire behavior. Contributing factors may include a relatively short active fire season and/or low frequency of severe fire weather conditions; modest slope; low incidence of past large and damaging fires; dominant climax fuel types supporting modest surface fire regimes with respect to fire intensity and minimal areas supporting crown fire and associated firebrand development and reception; nearby or interspersed areas supporting non-wildland fuels (agriculture lands, water, rock/barren) may also be present. Or b) developed/urbanized areas with a very high density of non-burnable surfaces including roadways, irrigated lawn/parks, and low total vegetation cover (<30%) that is highly fragmented and low in flammability (e.g., irrigated, manicured, managed vegetation). These areas are classic high density urban residential areas or commercial properties where wildland areas are removed by a large distance (>.5 mile) or if closer, only present modest fire hazards ((see above). If fire was to spread through these zones it would either be isolated and contained due to incidence of firebrands, or resulting from house-to-house ignitions under the most extreme weather conditions. Value= 2 Label= High Either a) wildland areas supporting medium to high hazard fire behavior and roughly average burn probabilities. Typically characterized by climax fuels from E-29 surface strata only with flat to steep slopes in conjunction with relatively rare fire occurrence influenced by short fire seasons and/or significant moderation of fire weather conditions (e.g. marine influence on fuel moistures), or lesser hazard fuels types subject to more prevalent burn frequencies. Nearby forested areas supporting crown fire are isolated or non-existent. Slopes vary from flat to steep, depending on fuel hazards and burn probabilities. Or b) developed/urbanized areas with moderate vegetation cover and more limited non-burnable cover. Vegetation cover typically ranges from 30-50% and is only partially fragmented. Short-range lateral spotting may breech fuel discontinuities and allow for some areas to spread as a flame front. Areas supporting tree cover should not result in significant torching. Adjacent nearby wildlands (within ¼ mile) are typically High Hazard zones (see above) or if farther away, more typical of Very High Hazard zones (see below). These areas lie midway between classic urbanized areas dominated by homes, roadways, and low flammability vegetation cover, and those developed areas where both surface and crown fuels are dense and continuous. Value= 3 Label = Very High Either a) wildland areas supporting high-to extreme-fire behavior resulting from climax fuels typified by well developed surface fuel profiles (e.g., mature chaparral) or forested systems where crown fire is likely. Additional site elements include steep and mixed topography and climate/fire weather patterns that include seasonal extreme weather conditions of strong winds and dry fuel moistures. Burn frequency is typically high, and should be evidenced by numerous historical large fires in the area. Firebrands from both short-(<200 yards) and long-range sources are often abundant. Or b} developed/urban areas typically with high vegetation density (> 70% cover} and associated high fuel continuity, allowing for frontal flame spread over much of the area to progress impeded by only isolated non-burnable fractions. Often where tree cover is abundant, these areas look very similar to adjacent wildland areas. Developed areas may have less vegetation cover and still be in this class when in the immediate vicinity (1/4 mile) of wildland areas zoned as Very High (see above). Value= -2 Label = Urban/non-zoned Developed areas spatially removed from proximity to wildland fire areas. Urban centers such as city centers ranging from 200 ft to ¾ miles way from wildland zones, where the critical distance allowing for this classification is dependent on the nature of the fire hazards in those wildland areas. E-30 Value= •1 Label = Non burnable open Space Areas outside State Responsibility Areas (SRA) that are not classified as developed/urban or as a wildland zone, and are typically associated with non- flammable conditions: water, agricultural lands (excluding rangelands) and barren/rock areas. Similar areas within SRA are recoded to the Moderate class per state statute. E-31 CHAPTER 7A [SFMJ MATERIALS AND CONSTRUCT/ON METHODS FOR EXTERIOR WILDFIRE EXPOSURE SECTION 701A SCOPE, PURPOSE AND APPLICATION 701A.l Scope. This chapter applies to building moJerials, sys- tems and/or assemblies used in the exterior design and 'con- struction of new buildings located within a Wildland-Urban lnteiface Fire Area as defined in Section 702A. 701A.2 Purpose. The purpose of this chapter is to establish minimum standards for the protection of life and property by increasing the ability of a building located in any Fire Hazard Severity Zone within State Responsibility Areas or any Wildland-Urban lnteiface Fire Area to resist the intrusion of flames or burning embers projected by a vegetation fire and contributes to a systematic reduction in conflagration losses. 701A.3 Application. New buildings located in any Fire Hazard Severity Zone within State Responsibility Areas or any Wild/and-Urban lnteiface Fire Area designated by the enforc- ing agency for which an application for a building permit is submitted on or after December 1, 2005, shall comply with the following sections: 1. 704A.l-Roojing 2. 704A.2--Attic Ventilation 701A.3.l Alternates for materials, design, tests, and meth• ods of construction. The enforcing agency is permitted to modify the provisions of this chapter for site-specific condi- tions in accordance with Appendix Chapter 1, Section 104.10. When required by the enforcing agency for the pur- poses of granting modifications, a fire protection plan shall be submitted in accordance with the California Fire Code, Chapter47. 701A.3.2 New buildings located in any fire hazard severity zone. New buildings located in any Fire Hazard Severity Zone shall comply with one of the following: 1. State Responsibility Areas. New building located in any Fire Hazard Severity Zone within State Responsi- bility Areas, for which an application for a building permit is submitted on or ofter January 1, 2008, shall comply with all sections of this chapter. 2. LocalA.gency Very-High Fire Bar.ard Severity Zone. New buildings located in any Local Agency Very-High Fire Hazard Severity Zone for which an application for a building permit is submitted on or ofter July 1, 2008, shall comply with all sections of this chapter. 3. Wild/and-Urban Interface Fire Area derignated by the enforcing agency. New buildings located in any Wildlan d-Urban lnteiface Fire Area designated by the enforcing agency for which an application for a building permit is submitted on or ofter January 1, 2008, shall comply with all sections of this chapter. 70IA.3.2.I Inspection and certlftcatlon. Building per- mit applications and final completion approvals for buildings within the scope and application of this chap- ter shall comply with the following: 701A.3.2.Z The local building official shall prior to con- struction, provide the owner or applicant a certification that the building as proposed to be built complies with all applicable state and local building standa,rds, including those for materials and construction methodsforwildfire exposure as described in this chapter. 70IA.3.Z.3 The local building official shall, upon com- pletion of construction, provide the owner or applicant with a copy of the final inspection report that demon- strates the building was constructed in compliance with all applicable state and local building standa,rds, includ- ing those for moJerials and construction methods for wildlife exposure as described in this chapter. 701A.3.2.4 Prior to building permit final approval the property shall be in compliance with the vegetation clearance requirements prescribed in California Public Resources Code 4291 California Government Code Sec- tion 51182. SECTION 702A DEFINmONS For the purposes of this chapter; certain terms are defined below: CDF DIRECTOR means the Director of the California Department of Forestry and Fire Protection. FIRE PROTECTION PLAN is a document prepared for a specific projectordevelopmentproposedfora Wildland Urban lnteiface Fire Area. It describes ways to minimize and mitigate potential for loss from wil4fire exposure. The Fire Protection Plan shall be in accordance with this chapter and the California Fire Code, Chapter 47. When required by the e,iforcing agency for the purposes of granting modifications, afire protection plan shall be submitted. Only locally adopted ordinances that have been filed with the Cali- fornia Building Standards Commission or the Department of Housing and Community Development in accordance with Section 101.8 shall apply. · FIRE HAZARD SEVERITY ZONES are geographical areas designated pursuant to California Public Resources Co4es Sections 4201 through 4204 and classified as Very High, High, or Moderate in State Responsibility Areas or as Local Agency Very High Fire Hazard Severity Zones designated pursuant to California Government Code, Sections 51175 through 51189. See California Fire Code Article 86. 2007 CALIFORNIA BUILDING CODE JANUARY 1, 2008 SUPPLEMENT 235 E-32 MATERIALS AND CONSTRUCTION METHODS FOR EXTERIOR WILDFIRE EXPOSURE tion-resistant materials or noncombustible construction on the exposed underside. 704A.3 Exterior walls. 704A.3.1 General. Exterior walls shall be approved noncombustible or ignition-resistant material, heavy tim- ber, or log wall construction or shall provide protection from the intrusion of flames and embers in accordance with standard SFM 12-7A-J. 704A.3.J.1 Exterior wall coverings. Exterior wall cov- erings shall extend from the top of the foundation to the roof, and tenninate at 2-inch (50.8 mm) nominal solid wood blocking between rafters at all roof overhangs, or in the case of enclosed eaves, terminate at the enclosure. 704A.3.2 Exterior wall opening,. Exterior wall openings shall be in accordance with this section. 704A.3.2.I Exterior wall i,en1s. Unless otherwise pro- hibited by other provisions of this code, vent openings in exterior walls shall resist the intrusion of flame and embers into the structure or vents shall be screened with a corrosion-resistant, noncombustible wire mesh with 1/4-inch (6 mm) openings or its equivalent. 704A.3.2.2 Exterior glazing and window walls. Exterior windows, window walls, glazed doors, and glazed open- ings within exterior doors shall be insulating-glass units with a minimum of one tempered pane, or glass block units, or have afire-resistance rating of not less than 20 minutes, when tested according toASTM E 2010, orcon- fonnto the performo.nce requirements ofSFM 12-7A-2. 704A.3.2.3 Exterior door assemblier. Exterior door assemblies shall conform to the perfonnance require- ments of standard SFM 12-7A-1 orshallbeofapproved noncombustible construction, or solid core wood having stiles and rails not less than 13/2 inches thick with interior field panel thickness no less than 11/4 inches thick, or shall have afire-resistance rating of not less than 20 min- utes when tested according to ASTM E 2074. Exception: Noncombustible or exterior fire-retar- dant treated wood vehicle access doors are not required to comply with this chapter. 704A.4 Decking,floors and underfloor protection. . 704A.4.I Decking. 704A.4.I.I Decking surfaces.· Decking, surfaces, stair treads, risers, and landings of decks, porches, and balco- nies where any portion of such surface is within 10 feet (3048 mm) of the primary structure shall comply with one of the following methods: 1. Shall be constructed of ignition-resistant materi- als and pass the performance requirements ofSFM 12-7 A-4, Parts A and B. 2. Shall be constructed with heavy timber, exterior fire-retardant-treated wood or approved noncom- bustible materials. 3. Shall pass the performance requirements of SFM 12-7A-4, Part A, 12-7A-4.7.5.1 only with a net peak heat release rate of 25kW/sq-ft for a 40-min- ute observation period and: a. Decking surface material shall pass the ac- celerated weathering test and be identified as exterior type, in accordance withASTM D 2898 and ASTM D 3201 and; b. The exterior wall covering to which it the deck is attached and within JO (3048 mm) feet of the deck shall be constructed of ap- proved noncombustible or ignition resistant material. Exception: Walls are not required to comply with this subsection if the decking surface material conforms to ASTM E-84 Class B flame spread. The use of paints, coatings, stains, or other surface treatments are not an approved method of protection as required in this chapter. 704A.4.2 Underfloor and appendages protection. 704A.4.2.l Undenide of appendages and floor projec• tions. The underside of cantilevered and overhanging appendages and floor projections shall maintain the ignition-resistant integrity of exterior walls, or the pro- jection shall be enclosed to the grade. 704A.4.2.2 Unenclosed underfloor protection. Build- ings shall have all underfloor areas enclosed to the grade with exterior walls in accordance with Section 704A.3. Exception: The complete enclosure of under floor areas may be omitted where the underside of all exposed floors, exposed structural columns, beams and supporting walls are protected as required with exterior ignition-resistant material construction or be heavy timber. 704A.5 Ancillary buildings and structures. 704A.5,1 Ancillary buildings and structures. When required by the enforcing agency, ancillary buildings and structures and detached accessory structures shall comply with the provisions of this chapter. 2007 CALIFORNIA BUILDING CODE JANUARY 1, 2008 SUPPLEMENT 237 E-33 11 MATERIALS AND CONSTRUCTION METHODS FOR EXTERIOR WILDFIRE EXPOSURE exterior walls shall resist the intrusion of flame and embers into the structure or vents shall be screened with a corrosion-resistant, noncombustible wire mesh with 11,,-inch (6 mm) openings or its equivalent. 704A.3.2.2 Exterior glazing and window walls. Exterior windows, window walls, glazed doors, and glazed open- ings within exterior doors shall be insulating-glass units with a minimum of one tempered pane, or glass block units, or have afire-resistance rating of not less than 20 minutes, when tested according to ASTM E 2010, or con- form to the performance requirements of SFM 12-7A~2. 704A.3.2.3 Exterior door assemblies. Exterior door · assemblies shall conform to the performance require- ments of standard SFM 12-7A-1 or shall be of approved noncombustible construction, or solid core wood having stiles and rails not less than 1 .Ifs inches thick with interior field panel thickness no less than 11/4 inches thick, or shall have afire-resistance rating of not less than 20 min- utes when tested according to ASTM E 2074. Exception: Noncombustible or exterior fire-retar- dant treated wood vehicle access doors are not required to comply with this chapter. 704A.4 Decking,floors and undsrjloor protection. 704A.4.I Decking. 704A.4.I.I Decking surfaces. Decking, surfaces, stair treads, risers, and landings of decks, porches, and balco- nies where any portion of such surface is within JO feet (3048 mm) of the primary structure shall comply with one of the following methods: 1. Shall be constructed of ignition-resistant materi- als and pass the performance requirements ofSFM 12-7 A-4, Parts A and B. 2. Shall be constructed with heavy timber, exterior fire-retardant-treated wood or approved noncom- bustible materials. 3. Shall pass the performance requirements of SFM 12-7A-4, Part A, 12-7A-4.7.5.1 only with a net peak heat release rate of 25kW/sq-ft for a 40-min- ute observation period and: a. Decking surface material shall pass the ac- celerated weathering test and be identified as exterior type, in accordance withASTM D 2898 and ASTM D 3201 and; b. The exterior wall covering to which it the deck is attached and within JO (3048 mm) feet of the deck shall be constructed of ap- proved noncombustible or ignition resistant material. Exception: Walls are not required to comply with this subsection if the decking surface material conforms to ASTM E-84 Class B flame spread. The use of paints, coatings, stains, or other surface treatments are not an approved method of protection as required in this chapter. 704A.4.2 Underfloor and appendages protection. 704A.4.2.I Underside of appendages and floor projec- tions. The underside of cantilevered and overhanging appendages and floor projections shall maintain the ignition-resistant integrity of exterior walls, or the pro- jection shall be enclosed to the grade. 704A.4.2.2 Unenclosed underfloor protection. Build- ings shall have all underfloor areas enclosed to the grade with exterior walls in accordance with Section 704A.3. Exception: The complete enclosure of under floor areas may be omitted where the underside of all exposed floors, exposed structural columns, beams and supporting walls are protected as required with exterior ignition-resistant material construction or be heavy timber. 704A.5 Ancillary buildings and structures. 704A.5.1 Ancillary buildings and structures. When required by the enforcing agency, ancillary buildings and structures and detached accessory structures shall comply with the provisions of this chapter. 2007 CALIFORNIA BUILDING CODE JANUARY 1, 2008 ERRATA 237 E-34 .Yl'QllUii~ Ulll&Hiliffllli1 (01 ~1.Dl} News Overview / Press Releases / 2007 Press Releases / Insurance Commissioner Poizner Partners with CAL FIRE to Prevent and Mitigate Fire Losses for Californians NEWS: 2007 PRESS RELEASE For Release: October 15, 2007 Media Calls Only: 916-492-3566 Insurance Commissioner Poizner Partners with CAL FIRE to Prevent and Mitigate Fire Losses for Californians At the Start of Fall Fire Season, Commissioner Poizner Signs Memorandum of Understanding (MOU) with CAL FIRE Director to Protect Californians from Millions of Dollars in Potential Wildfire Losses SACRAMENTO -Insurance Commissioner Steve Poizner today kicked off Fall fire season in California. He joined CAL FIRE Director Ruben Grijalva to sign a Memorandum of Understanding (MOU) to help prevent and mitigate fire losses in California. As the Golden State faces an abnormally dry fall fire season, today's MOU establishes a partnership and joint commitment to protecting Californians from fire losses. "As Insurance Commissioner, I'm committed to helping Californians and their c;issets stay out of harm's way," said Commissioner Poizner. "Today, as we enter into one of the worst fire seasons In our state's history, I am pleased to join CAL FIRE Director Grijalva to further protect consumers from the serious threat of wildfires. 11 California is in the midst of a dangerous fire season due to a harsh confluence of factors. Increased fuel, abnormally dry weather, greater urban interface and upcoming Santa Ana winds have created a particularly combustible mix for the 2007 fire season. Each year, hundreds of thousands of acres burn due to wildfires. Thousands of homes, businesses and other structures are damaged or destroyed every year, averaging more than $200 million in annual property damage. Together, Commissioner Poizner and Director Grijalva have signed today's MOU to mutually promote awareness and collaboration among fire officials, the insurance industry E-35 CDI_C!-LfIRE 2007 IS Oct MOU Press Rele Page2of2 '· and the public to prevent and mitigate fire losses. With the MOU, Commissioner Poizner and Director Grijalva will w~rk to: ' Launch a public awareness campaign. CDI and CAL FIRE will develop an outreach program targeted to residents and businesses located in the wildland-urban interface, and collaborate with additional fire mitigation groups like the California Fire Safe Council. Explore fire mitigation insurer educational programs. CDI and CAL FIRE will work towards developing a one-day educational course for insurance policy makers, underwriters and property inspectors to teach effective mitigation strategies. This course would be offered to all personal and commercial lines property insurers writing policies in California. Create a statewide emergency services database to merge the already defined and mapped hazardous areas with the risks associated with those areas after mitigation efforts have been performed. Reevaluate inspection procedures of the California FAIR Plan Association to ensure current procedures are appropriate for determining the risk of an individual property. CDI and CAL FIRE will additionally work to provide training and certification of the FAIR Plan inspection bureau staff to encourage consistent and fair application of inspection criteria. Develop strategies to share fire activity information and databases before, during and after wildfires to streamline efforts for faster deployment of agency resources to fire-ravaged communities. Increase incentives for homeowners, businesses and insurance companies to actively prevent and mitigate fire risks. The entire text of the MOU is attached. ### Please visit the Department of Insurance Web site at www.insurance.ca.gov. Non media inquiries should be directed to the Consumer Hotline at 800.927.HELP. Callers from out of state, please dial 213.897.8921. Telecommunications Devices for the Deaf (TDD), please dial 800.482.4833. If you are a member of the public wishing information, please visit our Consumer Services Organizational Contacts: CALFIRE -Kate Dargan, State Fire Marshal kate.dargan@fire.ca.gov CDI -Tony Cignarale, Deputy Commissioner ciqnarale@insurance.ca.gov 001 Press Release @ http://www.lnsurance,ca.goy/0400-news/01OO-press-reteases/Q060-2007/release100-01,cfm MOU@ http;//www.insumnce.ca.gay/Q400-nm(OJOQ•pn;ss-n;lases/QQ6Q-2Q07/upload/Insurance CDI CALFJM MOU Q91007TC.pdf E-36 RUBEN GRIJALVA Director STEVE POIZNER Insurance Commissioner California Department of Insurance California Department of Forestry & Fire Protection (CAL FIRE) MEMORDANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) establishes a partnership between the California Department of Insurance, Steve Poizner, Insurance Commissioner and the California Department of Forestry and Fire Protection (CAL FIRE), Ruben Grijalva, Director In the prevention and mitigation of fire losses In California. I. BACKGROUND The California Department of Insurance (CDI) regulates California's $118 billion insurance industry, the fourth largest insurance market in the world. Among his many duties, the Insurance Commissioner oversees the activities of all fire, homeowner, and other insurance products, which are intended to protect the public and businesses from losses, including losses caused by wildfire. One of Insurance Commissioner Poizner's primary objectives is to increase public awareness of the value of disaster preparation and mitigation for all types of disasters, including destructive wildfires. The Insurance Commissioner is committed to ensuring that fire insurance coverage is both affordable and available to those who need it most. CAL FIRE/State Fire Marshal's (SFM) office provides Californians with a wide variety of public safety services including fire protection, fire prevention, law enforcement, code enforcement, arson/bomb response, hazardous liquid pipeline safety and product safety. The mission of the CAL FIRE/SFM is to protect life and property through the development and application of fire prevention engineering, education and enforcement. The CAL FIRE/SFM office is actively engaged in seeking new ways to approach the wildfire problem and bring additional resources, programs, and partnerships to bear on reducing loss and costs. Facts at a glance: • The number and degree of wildfire losses are increasing in California decade by decade. • Each year, over $1 o·o million Is being spent in the suppression efforts and more in the disaster recovery phases of these catastrophic natural and/or human caused hazards, but the losses continue to mount. 1 E-37 • Hundred of thousandl of acres within the wildland-urban interface burn each year. • Thousands of homes, businesses and other structures are damaged or destroyed each year by wildfires, resulting (on average) in more than $200 million in annual property damage. • Many of these fires result in injury and/or death to fire department and law enforcement personnel, and members of the public. • In the 2003-2004 wildfire sieges, CAL FIRE's fire suppression costs exceeded $252.3 million; property damage costs exceeded $974 million; 5,394 structures were destroyed; and more than 23 people lost their lives as a result of California wildfires. • More than 5 million homes are currently located in California's wildland-urban interface. As more homes are built within these areas, the danger to life and property will continue to increase, unless significant action takes place to prevent these fires or mitigate the damage and injury caused by fire. II. COLLABORATIVE MISSION Together, the California Department of Insurance Commissioner and CAL FIRE Director, enter into this MOU to mutually promote an increased awareness and collaboration among fire officials, the insurance industry and the public in the prevention and mitigation of fire losses. Accordingly, the California Insurance Commissioner and CAL FIRE Director, agree to collaborate on the following goals: • Reduce the risk that wildfires will cause in the loss of life or large-scale property damage/loss. • Increase awareness of fire officials, the insurance industry and the public on methods and ways to prevent and mitigate fire losses. • Increase incentives for homeowners, businesses, and insurance companies to actively prevent and mitigate fire risks. • The Department of Insurance will facilitate obtaining comments/suggestions on the concepts contained herein, from representatives of the California insurance industry with the end goal of receiving their endorsement on this collaborative venture. Unless otherwise agreed, each organization of this MOU is responsible for its own expenses related to this MOU. There will be no exchange of funds between the parties for tasks associated with this MOU. 2 E-38 Ill. SCOPE OF COLLABORATION In addition to as yet unknown/other pertinent efforts, that may be agreed upon, the California Insurance Commissioner and CAL FIRE/SFM agrees to collaborate ·on the following projects: 1. Public Awareness Campaign • Prevention and Mitigation The public may realize several benefits of prevention and mitigation of wildfires which include: (1) a direct reduction in the risk of property damage, death or injury caused by fire, (2) increased availability and affordability of homeowners', business and other insurance products; and (3) increased level of insurance coverage resulting in fewer out-of-pocket expenses to rebuild after a fire. Accordingly, the California Insurance Commissioner and CAL FIRE Director agree to collaborate on development of an outreach program targeted to residents and businesses located in the wildland-urban interface. The parties also agree to work closely on outreach projects with other organizations committed to fire safety, prevention and mitigation, such as, the California Fire Safe Council and others. 2. Insurance Company Education • WIidfire Risk and Mitigation Courses In cooperation with the California Department of Insurance, the CAL FIRE/SFM will examine the feasibility and value In offering to insurers managing property business in California, a one-day course (brought to the insurers regional offices) targeting appropriate wildfire risk assessment and property mitigation strategies in California to: • Educate policy makers, underwriters and property inspectors. • Share best practices that promote fire-safe living in the Wildland-Urban Interface (WUI) as outlined within building codes and standards. • Teach effective mitigation strategies that (when applied) would significantly reduce the risk level and serve to Increase the comfort level of insuring property within the wildland-urban interface. This course would be offered to all personal/commercial property insurers writing business policies in California. CAL FIRE/SFM subject matter expert staff will provide the instruction to the insurer's audience. The Insurance Commissioner's Office will assist in the review of course materials and facilitation of the courses. 3 E-39 3. Review of Fire ln9urance Risk Models The development of a property's fire insurance premium by an insurer commonly includes a factor representing the proximity and effectiveness of public fire suppression capabilities. It also commonly includes an interest in the type of fire department (on-duty, public safety officers or volunteer), nearest fire station to the risk, type of response {pump and aerial apparatus, emergency medical, etc.) from the closest fire station and the availability of an effective water supply. Insurers often attempt to obtain this information through direct contact with the fire department providing service~ to the risk in question. This is a cumbersome process relying upon the availability and cooperation of the fire department. CAL FIRE/SFM currently maintains a small Internal division that manages the National Fire Database Reporting System California inputs. Partnering with the insurance industry and expanding the purpose of this division to serve the data and analytical needs of both the California fire service and insurers through the creation of a statewide emergency services database would greatly enhance information-sharing and risk assessment. Risk Mitigation Mapping is an obvious "next generation" activity for California. As a State, we have advanced to the point where we are able to define and map hazard areas for a variety of natural hazards (wildfire, flood, seismic), but we have yet to quantify mitigation effectiveness, collect that information, and display it in conjunction with the underlying hazard. This tool, more than any other, will demonstrate the effect of the actions we are taking collectively to mitigate risk. A partnership with fire prevention/protection and insurance is a solid starting point for this improvement since both are directly founded upon risk mitigation. This effort would start with pilot project(s) to create the databases, quantify the hazard and effective mitigations through a weighted-values assessment methodology, acquisition and compilation of Geographic Information Systems (GIS) data for graphical display, on-site assessments, and continuing analysis. A two-year pilot project will develop sufficient templates and process assessments from which to propose a statewide effort. 4. California's Fair Access to Insurance Requirements Plan (FAIR Plan) Established by the Legislature in 1968, one of the California FAIR Plan's objectives is to, " ... assure the availability of basic property insurance ... to properties .. .for which basic property insurance cannot be obtained through the normal insurance market". A large portion of these properties are in the program because of their exposure to the brush fire hazard found in the wildland-urban interface. California Insurance Code Section 10090-10100.2 appears to support the individual risk inspection and improvement statements for many properties located within wildfire risk areas. However, may be missing the input of the subject experts to assist in the correct assignment of the assessment of risk as well as the communication of preferred risks to insurers. The current inspection 4 E-40 forms used by the•ins1ection bureau(s) may not have incorporated a complete knowledge base conforming to national best practices and appear to focus only upon the distance to the hazardous brush with no attention to the impact of flying embers. There appears to be a need for guidelines for properties located within areas exposed to wildfires other than brush (primarily Central & Northern California). CAL FIRE/SFM has significant expertise in all types of wildland fire that takes advantage of scientific studies, codes and standards, and results from post fire studies. CAL FIRE/SFM in cooperation with the Department of Insurance will work with the governing committee of the California FAIR Plan Association to analyze whether the current inspection form and inspection procedures are appropriate "to use to measure a property's risk to loss by a wildland fire; and, if needed, work collaboratively to improve the form and the inspections procedures used by the FAIR Plan. Following approval of the form, the CAL FIRE/SFM will provide training and certification of the inspection bureau staff to encourage a consistent and fair application of the inspection criteria. By utilizing the CAL FIRE/SFM expertise in the property review it can be expected that ~ proper assessment of the risk coupled with utilization of the guidance to mitigate the exposure will reduce the structure and life loss potential of a wildland fire event. 5. Damage Assessment Both COi and CAL FIRE perform damage assessment functions immediately after a catastrophic wildfire. A review of this process may reveal strategies to partner before, during, and after large and damaging wildfires. Providing faster access to CAL FIRE's fire activity information/data bases may assist COi in planning for resource deployment during fires. The Office of Emergency Services (OES) may be a natural partner in this as they also conduct-a damage assessment process for disaster declaration requirements. A timely, more efficient damage assessment process provides better service levels to the affected victims and local communities, speeds the recovery effort, and allows for enhanced fraud enforcement. The California Insurance Commissioner and CAL FIRE Director agrees to examine each agency's respective damage assessment functions to determine where a sharing of damage assessment data is appropriate and valuable. 5 E-41 IV. ORGANIZATION CONT,tCTS Both the California Insurance Commissioner and the CAL FIRE Director will appoint a person to serve as the official contact to coordinate the activities of each organization in carrying out this MOU. The initial appointees of each organization are: Department of Insurance: Tony Cignarale, Deputy Commissioner Consumer Services & Market Conduct Branch 300 S. Spring Street Los Aogeles, CA 90013 (213) 346-6360 cignaralea@insurance.ca.gov CAL FIRE: Kate Dargan, State Fire Marshal State Fire Marshal's Office 1131 "S" Street Sacramento CA, 95814 (916) 445-8434 kate.dargan@fire.ca.gov V. AUTHORIZATIONS On behalf of the organization I represent, I wish to sign this Memorandum of Understanding (MOU) establishing a partnership between the California Department of Insurance and the California Department of Forestry and Fire Protection (CAL FIRE) in the prevention and mitigation of fire losses in California; and contribute to its further development. SIGNATURE ON FILE Steve Poizner. California Insurance Commissioner California Department of Insurance SIGNATURE ON FILE Ruben Grijalva, Director California Department of Forestry & Fire Protection (CAL FIRE) Date: 10/15/07 Date: 10/15/07 6