(1) Existing law requires any 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, as provided, to, among other things, maintain around and adjacent to the occupied dwelling or occupied structure additional fire protection or firebreaks made by removing all brush, flammable vegetation, or combustible growth that is located from 30 to 100 feet from the occupied dwelling or occupied structure or to the property line, whichever is nearer, as may be required by the local agency if the agency finds that, because of extra hazardous conditions, a firebreak of only 30 feet around the occupied dwelling or occupied structure is not sufficient to provide reasonable fire safety.

(2) Existing law requires a person that owns, leases, controls, operates, or maintains a building or structure, in, upon, or adjoining any mountainous area, forest-covered lands, brush-covered lands, grass-covered lands, or any land that is covered with flammable material, to, among other things, maintain around and adjacent to the building or structure additional fire protection or a firebreak, by removing all brush, flammable vegetation, or combustible growth that is located from 30 to 100 feet from the building or structure or to the property line, whichever is nearer, as may be required by the Director of Forestry and Fire Protection, if he or she finds that, because of extra hazardous conditions, a firebreak of only 30 feet around the building or structure is not sufficient to provide reasonable fire safety. For purposes of these requirements, “person” is defined as any agency of the state, county, city, district, or other local public agency, and any individual, firm, association, partnership, business trust, corporation, limited liability company, or company.

(3) This bill would define “person” for purposes of (2) above to instead mean a private individual, organization, partnership, limited liability company, or corporation.

This bill would revise (1) and (2), above, to require persons subject to (1) or (2) to remove all brush, flammable vegetation, or combustible growth that is located within 100 feet from the occupied dwelling or occupied structure, or building or structure, as applicable, or to the property line, or at a greater distance if required by state law, or local ordinance, rule, or regulation.

The bill would require an owner, prior to constructing a new dwelling or structure that will be occupied, or reconstructing an occupied dwelling or occupied structure damaged by fire in a very high fire hazard severity zone (see (1) above), the construction or rebuilding of which requires a building permit, to obtain from the local building official, a specified certification regarding compliance with state and local building standards, and to provide a copy of the certification, upon request, to the insurer providing course of construction insurance coverage. The bill would require the owner, upon completion of construction or rebuilding, to obtain from the local building official, a copy of the final inspection report, as specified, and to provide a copy of the report, upon request, to the property insurance carrier that insures the dwelling or structure. The bill would impose similar requirements upon an owner, prior to constructing a new building or structure or rebuilding a building or structure damaged by fire in one of the areas specified in (2) above. Because the bill would expand the definition of a crime, the bill would impose a state-mandated local program.

(4) Existing law provides that a local agency having jurisdiction of property violating the conditions described in (2) above is required to notify the owner of the property to correct the conditions. If the owner fails to correct the conditions, the local agency is authorized to cause the corrections to be made, and the expenses incurred become a lien on the property when recorded, as specified, in the county recorder’s office in the county in which the real property is located.

The bill would authorize the Director of Forestry and Fire Protection to authorize the removal of vegetation not consistent with these and related requirements. The bill would authorize a lien upon the building, structure, or grounds for the expense of the removal of that vegetation, as specified.

This bill would provide that no reimbursement is required by this act for a specified reason.