What is THE LAW?
Truckee Fire is currently updating it’s defensible space ordinances. Please visit www.truckeefire.org/dspace to learn more.
What is the law?
In 2019 Truckee Fire passed an ordinance requiring defensible space disclosures in conjunction with real estate transactions. Assembly Bill 38 established that, as of July 1, 2021, California Civil Code Section 1102.19 requires a seller of real property located in a High or Very High Fire Hazard Severity Zone to provide the buyer with documentation stating the property is in compliance with defensible space requirements. So within Truckee Fire Protection District, we operate at the intersection of these two codes.
AB38 allows an exception, that if documentation demonstrating compliance cannot be obtained by the close of escrow, the seller and buyer can enter into a written agreement showing that the buyer agrees to obtain documentation of compliance within one year of the close of escrow.
Though “CIV 1102.19” is the actual code that requires the defensible space disclosures, “AB 38” has become a shorthand way of referring to the defensible space property sale inspections and the associated disclosure requirements.
PRC 4291, Local Ordinances, & HOAs
The Gist of Defensible Space Code
PRC 4291 requires defensible space of 100 feet from each side and from the front and rear of the structure, but not beyond the property line, with certain exceptions. The amount of fuel modification necessary considers the flammability of the structure as affected by building material, building standards, location, and type of vegetation. Fuels shall be maintained in a condition so that a wildfire burning under average weather conditions would be unlikely to ignite the structure. The law does not intend the home owner remove all vegetation from around the structure. In fact, plants that are well-pruned and maintained so they do not form a means of rapidly transmitting fire from other nearby vegetation to the structure are quite acceptable. The intensity of fuels management may vary within the 100-foot perimeter of the structure, with more intense fuel reductions being utilized between 5 and 30 feet around the structure, and an ember-resistant zone being required within 5 feet of the structure.
THERE ARE A LOT OF OVERLAPPING RULES GOVERNING DEFENSIBLE SPACE
state level: Public Resource Code 4291 is the California code requiring defensible space. The point of AB38 and CIV 1102.19, discussed above, is to disclose to buyers whether a property is in compliance with PRC 4291.
local level: In local responsibility areas, the local government entity can choose to adopt ordinances that regulate based upon local factors and influences. The idea is to tailor local regulations to the needs of the area, rather than regulate without local considerations. Truckee Fire Protection District has it’s own defensible space ordinance, 01-2019. This ordinance exceeds the state standards and was voted in by the Truckee Fire Protection District Board of Directors.
HOA level: Yes, even an HOA can have defensible space requirements in their CC&Rs, and many within TFPD do. It’s important to note that while they can require more stringent than the local ordinance or state code, they can’t allow or require a homeowner to violate the local ordinance or state code. For example, CC&R may not require the application of pine needles as ground cover within the first five feet of a structure, as it goes against defensible space code. Homeowners aren’t exempt from local or state law just because an outdated CC&R says they can do something.