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SB-1231 Fire safety.(2007-2008)

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SB1231:v98#DOCUMENT

Amended  IN  Senate  April 01, 2008

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Senate Bill
No. 1231


Introduced  by  Senator Correa
(Coauthor(s): Assembly Member Plescia)

February 14, 2008


An act to amend Section 51189 of the Government Code, to add Section 13159.5 to the Health and Safety Code, and to add and repeal Section 4205 of the Public Resources Code, relating to fire safety.


LEGISLATIVE COUNSEL'S DIGEST


SB 1231, as amended, Correa. Fire safety.
Existing law requires a person, as defined, who owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining specified types of land areas to maintain around and adjacent to a building or structure fire protection or a firebreak, as specified.
Existing law also requires the State Fire Marshal, in consultation with the Director of Forestry and Fire Protection and the Director of Housing and Community Development, to 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.
This bill would require the Office of the State Fire Marshal to develop, in cooperation with the Board of Forestry, and in consultation with representatives from local, state, and federal fire services, local government, building officials, the building industry, and the environmental community, a model defensible space program to be made available for use by a city, county, or city and county in the enforcement of the defensible space provisions. The bill would set forth required components of the program. The bill would also authorize the local agency for enforcement of the program to recover the actual cost of abatement and to place it as a special assessment or lien on the property.
Existing law requires the Director of Forestry and Fire Protection to identify areas in the state, except as specified, as very high fire hazard severity zones based on specified criteria in order to enable public officials 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. Existing law requires the State Fire Marshal to prepare and adopt a model ordinance that provides for the establishment of very high fire hazard severity zones. Existing law also requires the State Fire Marshal to annually review, revise as necessary, and administer the California Fire Service Training program. Existing law requires a local agency to designate, by ordinance, very high fire hazard severity zones within its jurisdiction.
The bill would require the Office of the State Fire Marshal to develop a Wildland-Urban Interface Fire Safety Building Standard Standards compliance training manual intended for use in the training of local building officials, builders, and fire service personnel. The bill would also require that office to develop a Wildland-Urban Interface Products handbook listing products and construction systems that comply with specified Wildland-Urban Interface Fire Safety building standards. The bill would require the State Fire Marshal to establish a fee to be paid by specified entities to support these activities. The bill would require the Director of Forestry and Fire Protection, not later than March 31, 2009, to report to the appropriate committees of the Legislature on the impacts benefits of establishing fire risk maps for the State of California, including those that reflect fire risks to structures and the ecosystem during the most fire-prone period of the year, and to include recommendations for counties for which map development should be prioritized and the identification of identifying possible funding sources to cover the costs associated with fire risk map development.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 51189 of the Government Code is amended to read:

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.
(c) The Office of the State Fire Marshal, in cooperation with the Board of Forestry, shall develop a model defensible space program that shall be made available for use by a city, county, or city and county in the enforcement of the defensible space provisions of Section 51182 and subdivision (b) of Section 4291 of the Public Resources Code. In the development of this program, the Office of the State Fire Marshal shall consult with representatives from local, state, and federal fire services, local government, building officials, the building industry, and the environmental community. Components of the program shall include, but not be limited to, the following:
(1) General guidelines for creating and maintaining defensible space around specified structures, including appropriate guidelines and definitions for vegetation management.
(2) Suggested minimum qualifications needed for enforcement personnel.
(3) Guidelines for the placement of utilities.
(4) Enforcement mechanisms for compliance with and maintenance of defensible space requirements, including, but not limited to, the following:
(A) Site inspection.
(B) Procedure for notifying a property owner of any violation.
(C) Timeline for reinspection.
(D) Citation for abatement of violation and subsequent removal of fire hazard within defensible space boundaries.
(E) Suggested administrative procedure that allows for appeal of the citation by the property owner.
(d) If a defensible space program is adopted, the local agency for enforcement of this program shall have the authority to recover the actual cost of abatement and shall have the authority to place it as a special assessment or lien on the property.

SEC. 2.

 Section 13159.5 is added to the Health and Safety Code, to read:

13159.5.
 (a) The Office of the State Fire Marshal shall develop a Wildland-Urban Interface Fire Safety Building Standard Standards Compliance training manual intended for use in the training of local building officials, builders, and fire service personnel. This manual shall be updated as changes are made to the Wildland-Urban Interface Fire Safety building standards as set forth in the California Code of Regulations.
(b) The Office of the State Fire Marshal shall develop a Wildland-Urban Interface Products handbook listing products and construction systems that comply with the Wildland-Urban Interface Fire Safety building standards for the following:
(1) Exterior wall siding and sheathing.
(2) Exterior windows.
(3) Under eaves, including eave and cornice vents.
(4) Decking.
(5) Treated lumber and ignition-resistant materials.
(6) Wood shakes and shingles roofing materials.
(c) To support the activities in subdivision (b), the Office of the State Fire Marshal shall establish a fee to be paid by the product manufacturers, local building officials, or other beneficiaries of the handbook.

SEC. 3.

 Section 4205 is added to the Public Resources Code, to read:

4205.
 (a) The Director of Forestry and Fire Protection shall, not later than March 31, 2009, report to the appropriate committees of the Legislature on the impacts of establishing fire risk maps for the State of California, including those counties for which map development should be prioritized and the identification of possible of the Legislature on the benefits of establishing maps for the State of California that reflect the fire risks to structures and the ecosystem during the most fire-prone period of the year. The report shall also include recommendations for counties for which map development should be prioritized and identifying possible funding sources to cover the costs associated with fire risk map development.
(b) This section shall remain in effect only until January 1, 2010, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2010, deletes or extends that date.