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1Title 14 of the California Code of Regulations (14 CCR),2Division 1.5, Chapter 73Subchapter 2, Articles 1-54“DRAFT State Minimum Fire Safe Regulations, 2021”5If you are using an assistive reading device it is recommended to adjust your settings for6strikeout and underline.7Subchapter 2. SRA/VHFHSZ State Minimum Fire Safe Regulations8Article 1. Administration9§ 1270.00. the“SRA/VHFHSZStateMinimum Fire Safe Regulations,” and shall constitute the basicminimum wWildfire protection standards of the California Boardof Forestry and Fire esourcesCode.Reference: Sections 4102, 4126, 4127 and 4290, Public ResourcesCode.171819202122232425§ 1270.01. Definitions PurposeThe following definitions are applicable to this Subchapter.(a) Access: The Roads on a route from a Building to the nearestCollector Road or the Roads on a route from a Building to thenearest Road which is compliant with the standards provided inthis Article, whichever is closer.(b) Agriculture: Land used for agricultural purposes as definedin a Local Jurisdiction's zoning ordinances.(c)AuthorityPage 1 of 76HavingJurisdiction(AHJ):theorganization,
1office, or individual responsible for enforcing the applicable2requirements3materials, an installation, or a procedure. This includes the4local government and local fire authority in their respective5roles6enforcement.7(cd) Board: California Board of Forestry and Fire Protection.8(de) Building: Any Structure used or intended for supporting classifiedasUtility and Miscellaneous Group uction,placement, or erection of any Building; a permit or approval ernment Code), and any other division of land except thepurchase of such land by a public agency for public ForestryandFireProtection.(fh) Clear Width: A horizontal area free of vegetation, debris,fences, or other materials that may impede traffic flow; this23area24vehicular impact and rebound to their original position.25(gi)mayincludeCollectorPage 2 of ttheAHJbendauponLocal
1Jurisdiction2general, collector road pursuant to Title 23, Code of Federal3Regulations, § 470.105 and in conformance with the procedures in4the5Classification6Edition, hereby incorporated by reference.7(hj) Dead-end Road: A Road that has only one point of vehicular8ingress/egress, including cul-de-sacs and Roads that loop back9on themselves looped odeofoftheRegulations, Title 14, § .1California Government Code.(km) Director: Director of the Department of Forestry and FireProtection or their designee.(ln) Driveway: A vehicular pathway that serves no more than four(4) Residential Units up to two (2) parcels with no more thantwo (2) Residential Units and any number of non-commercial ngsoneach parcel. A Driveway shall not serve commercial or industrialuses at any size or scale.(mo) Exception: An alternative means or method to achieve §231270.06 (Exceptions to Standards).24(p) Existing: That which is legally established or legally in25place at the time of the proposal for Building Construction.Page 3 of 76
1(nq) Existing Road: A physical Road that is legally established2or legally in place at the time of the proposal for Building3Construction.4Development proposal. An Existing Road is not one exempt under §51270.03(d)6proposal where it is to be used for purposes other than those7specified8Existing9Construction proposal where the Driveway will serve more DrivewayparttoisnotaanBuildingfour (4) Residential fthefinished surface of the ground, landscaping, vegetation, paving,curb or sidewalk within the area extending in a 5 foot diameterfrom the center of the fire underemergency conditions to transport personnel and equipment or tosupport emergency response, including but not limited to thesuppression of sion,district, or other governmental body responsible for regulatingand/or enforcing minimum fire safety standards.(qt) Fire Hydrant: A valved connection on a water supply e23protection and suppression operations.24(ru) Fuel Break: A strategically located area where the volume25and arrangement of vegetation has been managed to limit firePage 4 of 76
1intensity, fire severity, rate of spread, crown fire potential,2and/or ember production.3(su)4wildlands, or a combination thereof, as designated by the AHJ5Local6subject to these regulations that may function as Fuel Breaks or7are adjacent to a city or urbanized area, and where Building8Construction is restricted or prohibited Development.9(tv) Greenways: Linear open spaces or corridors that link ,surround,orparks,nearareasand neighborhoods within a community through natural or manmadetrails and a“T”shaped, three-point Turnaround space for Fire Apparatus on aRoad or Driveway, being no narrower than the Road or Drivewaythat serves sence of flammable materials, liquids, or gasses, or sesaredetermined by the AHJ Local Jurisdiction and may include, facilities; wood processing or storage sites; flammable gas orliquids processing or storage sites; or shooting gencyordepartment, or any locally authorized district that approves orPage 5 of 76
1has the authority to regulate Development.2(xz) Local Responsibility Area (LRA): Those areas of land not3classified by the Board where the financial responsibility of4preventing and suppressing Wildfires is that of local agencies5the state or federal government, pursuant to Public Resources6Code (PRC) section ithAdministrationofthe“HighwayFunctional Classification Concepts, Criteria, and Procedures,”2013 Edition, hereby incorporated by reference.(zbb) Municipal-Type Water System: A system having water pipesservicing Fire Hydrants and designed to furnish, over and abovedomestic consumption, a minimum of 250 gpm (950 L/min) at 20 psi(138 kPa) residual pressure for a two (2) hour duration.(aacc) New Road: That which is proposed as part of a iderationhereunder, and not legally established nor legally in place oretical Road proposed in a Development application.(bbdd) Occupancy: The purpose for which a Building, or partthereof, is used or intended to be used.23(ccee)24Traffic Lane width designed for traffic flow in one direction25only.One-wayPage 6 of 76Road:ARoadthatprovidesaminimumofone
1(ddff) Perimeter: The boundary of an individual parcel and/or2the3pursuant4Building cConstruction.5(gg) Repair: The reconstruction, replacement or renewal of any6part of an existing Structure for the purpose of its maintenance7or to correct damage.8(eehh) Residential Unit: Any Building or portion thereof which9contains living facilities, including which include arcelwhichmap,liesanyfor sleeping, and can include provisions for eating, cookingand/or sanitation, for one or more persons. Manufactured eredresidential units. Buildings, unless being sited or installed asan accessory or junior accessory dwelling unit in accordancewith § 1270.03(d) (Scope – Exemptions – ADUs) are not consideredResidential Units.(ffii) Ridgeline: The line of intersection of two opposing stelevation of land; or an area of higher ground separating twoadjacent streams or watersheds.(ggjj) Road: A public or private vehicular pathway to more thantwo (2) parcels, more than four (4) Residential Units, or to anyindustrial or commercial Ooccupancy.23(hh) Road or Driveway Structures: Bridges, culverts, and other24appurtenant25Shoulders.Page 7 of 76structureswhichsupplementtheTrafficLaneor
1(iikk) Shoulder: A vehicular pathway adjacent to the Traffic2Lane.3(jjll) State Responsibility Area (SRA): As defined in Public4Resources Code sections 4126-4127; and the California Code of5Regulations,6sections 1220-1220.5.7(kkmm) Structure: That which is built or constructed, a Building8of any kind, or any piece of work artificially built up or9composed of parts joined together in some definite able1,Complies]:allmaterialrequirements consistent with the purpose of the applicable StateMinimum Fire Safe Regulations, including without limitation noncompliance exists. the formal requirements are not informationandreasonable inferences from this information that a fair argumentcan be made to support a conclusion, in light of the wholerecord of evidence, even though other conclusions might also ionornarrative, or evidence which is clearly erroneous or inaccuratedoes not constitute substantial evidence. Substantial evidence23shall24facts, and expert opinion supported by facts.25(nnpp) Traffic Lane: The portion of a Road or Driveway thatincludePage 8 of 76facts,reasonableassumptionspredicatedupon
1provides a single line of vehicle travel.2(ooqq) Turnaround: A portion of a Road or Driveway, unobstructed3by parking, An area which allows for a safe opposite change of4direction for Fire Apparatus at the end of a Road or Driveway.5Design of such area may be a hammerhead/T or terminus bulb.6(pprr)7vehicles to pass.8(qqss) Undeveloped Ridgeline: A Ridgeline with no Residential9Units or commercial or industrial inginaRoadorDrivewaytoallow(rrtt) Utility and Miscellaneous Group U: A Structure of anaccessory character or a miscellaneous Structure not classifiedin any specific Ooccupancy permitted, constructed, equipped, alifornia Building Standards Code.(ssuu) Vertical Clearance: The minimum specified height of abridge, overhead projection, or vegetation clearance above theRoad or Driveway.(vv) Vertical Curve: A curve at a high or low point of a roadwaythat provides a gradual transition between two roadway grades orslopes.(ttxx) Very High Fire Hazard Severity Zone (VHFHSZ): As definedin Government Code section 51177(i).(uuyy) Wildfire: Has the same meaning as “forest fire” in Public23Resources Code Section 4103. As defined in Public Resources Code24Section 4103 and 4104.25(a) These regulations have been prepared and adopted for thePage 9 of 76
1purpose of establishing minimum wildfire protection standards in2conjunction with building, construction and development in the3State Responsibility Area (SRA) and, after July 1, 2021, the Very4High Fire Hazard Severity Zones as defined in Government Code §551177(i) (VHFHSZ).6(b)7subdivisions and developments in the SRA82021, the VHFHSZ shall provide for basic emergency access nprotectionmeasuresofstructures,and, after July 1,asspecifiedinthe10following articles.11(c) These measures shall provide for emergency access; signing12and13emergency14protection standards which follow shall specify the minimums for15such measures.16Note:17Reference: Sections 4290 and 4291, Public Resources ification.PublicTheResourcesforfireCode.1819§ 1270.02. Purpose. Scope20(a) These regulations have been prepared and adopted for the21purpose22standards23Development in the State Responsibility Area (SRA) and, after24July25defined in Government Code § 51177(i) ectioncConstructionSeverityZones,andas(b) Building cConstruction in the SRA approved after January 1,Page 10 of 76
11991, and, after July 1, 2021,2VHFHSZ approved after July 1, 2021 shall provide for minimum3Wildfire4articles.5(c)6egress; signing and Building numbering; municipal-type, private,7and8vegetation modification, Fuel Breaks, Greenbelts, and measures9to preserve Undeveloped Ridgelines. The regulations which ndardsstandardspublicwatershallsupplyBuilding Construction in ollowingingressemergencyfireanduse;shall specify the minimums for such areaswherePrescribing these minimum Wildfire protection standards are notsatisfied, this reduces the risk of Wildfires in these areas,which among other things protects the health, safety and heenvironment.(a) These regulations shall apply to:(1) the perimeters and access to all residential, theSRAapprovedafter January 1, 1991 , and those approved after July 1, 2021within the VHFHSZ, except as set forth below in subsections (b)through (d), inclusive, and ,23manufactured homes, mobilehomes, and factory-built housing, as24defined2518008, and 19971, except where being sited or installed as aninHealthPage 11 of 76andSafetyCodesections18001.8,18007,
1accessory or junior accessory dwelling unit as set forth in2subsection (d) below;3(3) all tentative and parcel maps or other developments approved4after January 1, 1991; and5(4) applications for Building permits on a parcel approved in a6pre-1991 parcel or tentative map to the extent that conditions7relating to the perimeters and access to the Buildings were not8imposed as part of the approval of the parcel or tentative map.9(b) These regulations do not apply where an application for a10111213141516171819202122Building permit is filed after January 1, 1991 for Buildingconstruction on a parcel that was formed from a parcel map pproved prior to January 1, 1991, to the extent that conditionsrelating to the perimeters and access to the Buildings wereimposed by the parcel map or final tentative map approved priorto January 1, 1991.(c) (1) At the discretion of the Local Jurisdiction, and subjectto any requirements imposed by the Local Jurisdiction to ationandemergency response during a Wildfire, these regulations shallnot apply to the reconstruction or repair of legally dingsduetoa23Wildfire, to the extent that the reconstruction or repair does24not:25(A) increase the square footage of the residential, commercial,Page 12 of 76
1or industrial Building or Buildings that previously existed; or2(B) change the use of the Building or Buildings that had existed3previously; or4(C)5previously exist on the site.6(2) Nothing in this subsection shall be construed to alter the7extent to which these regulations apply to the reconstruction or8repair9industrial Building for reasons unrelated to a ial,didnotcommercial,or(d) These regulations do not apply to the creation of accessoryor junior accessory dwelling units that comply with anylocalordinances requiring provisions for fire and life apter,affected activities include, but are not limited to:(1) permitting or approval of new parcels, excluding lot Buildingconstruction;(3) application for a use permit; and(4) road construction.23(f) EXEMPTION: Roads used solely for agricultural, mining, or24the management and harvesting of wood products.25Note:AuthorityPage 13 of 76cited:Section4290,PublicResourcesCode.
1Reference: Sections 4290 and 4291, Public Resources Code.23§ 1270.03. Scope. Provisions for Application of The Regulations4(a) These regulations shall apply mercial, and industrial Building cConstruction within the SRA7approved after January 1, 1991, and those approved after July 1,82021 within the VHFHSZ, except as set forth below in subsections9(b), (c), (d), and (e) homes,andSafetyandCodesections 18001.8, 18007, 18008, and 19971, except where beingsited or installed as an accessory or junior accessory dwellingunit as set forth in subsection (d) below;(3) all tentative and parcel maps or other Developments1617theapproved after January 1, 1991; and(43) applications for Building permits on a parcel eBuildings were not imposed as part of the approval of the parcelor tentative map.(b) These regulations do not apply where an application for aBuilding permit in the SRA is filed after January 1, 1991 for24Building cConstruction on a parcel that was formed from a parcel25map or tentative map approved prior to January 1, 1991 (if thePage 14 of 76
1final map for the tentative map is approved within the time2prescribed by the local ordinance). approved prior to January 1,31991, to the extent that conditions relating to the Perimeters4and Access to the Buildings were imposed by the parcel map or5final tentative map approved prior to January 1, 1991.6(1)For tThis exemption shall apply only to the extent7that to apply, the parcel map or tentative map that was approved8prior to January 1, 1991, shall have imposed conditions relating9to the Perimeters and Access to the Building cConstruction that1011121314151617181920212223is the subject of the Building permit application filed afterJanuary 1, imeters and Access to the Buildings were not imposed as partof the approval of the parcel map or tentative map.(c) At the discretion of the Local Jurisdiction, and subject toany requirements imposed by the Local Jurisdiction to ationandemergency response during a Wildfire, these regulations shallnot apply to the reconstruction or repair of a Building due to aWildfire, subject to the following:(1) this exemption shall not apply if the reconstruction n§1276.01 Building and Parcel Siting and Setbacks;24(2) this exemption shall not apply if the reconstruction or25repair changes the use of the Building or Buildings that hadPage 15 of 76
1existed previously;(3) nothing in this subsection shall be construed to reconstruction or repair of a Building for reasons unrelated to5a Wildfire; and(4) nothing in this subsection shall be construed to alter67the8pursuant to this exemption.9(dc) These regulations do not apply to the creation of accessory10or junior accessory dwelling units that comply with ludingrepairedordinancesanylocalordinances requiring provisions for fire and life lationsapplicable to Roads shall not apply to Roads used solely dorasprocessing, storage, and transportation) for the marketing ofthe resulting products.(e) The applicable AHJ which approves or adopts constructiondevelopment permits or maps shall provide the Director of theCalifornia Department of Forestry and Fire Protection (CAL lding24permits, tentative parcel maps, tentative maps, and installation25or use permits for construction or development within the SRA orPage 16 of 76
1the VHFHSZ.2(f) The Director or their designee may review and make fire3protection4development permits or maps provided by the local jurisdiction.5(g)6requirements of this Subchapter shall apply when an approval or7adoption is sought for Building permits, tentative parcel maps,8tentative maps, and installation or use permits for construction9or development within the scope of this ctionorretroactively.The(h) The AHJ identified in subsection (e) shall not approve oradopt any applicable construction or development permit or esections of this Subchapter are satisfied.(i) Activities within the scope of this Subchapter shall ivity’s approval.This Subchapter shall be applied as follows:(a) the Local Jurisdictions shall provide the Director ofthe California Department of Forestry and Fire Protection (CALFIRE) or their designee with notice of applications for Buildingpermits, tentative parcel maps, tentative maps, and installationor use permits for construction or development within the SRA.(b) the Director or their designee may review and make fire24protection25development permits or maps provided by the Local Jurisdiction.recommendationsPage 17 of 76onapplicableconstructionor
1(c) the Local Jurisdiction shall ensure that the applicable2sections of this Subchapter become a condition of approval of3any applicable construction or development permit or map.4Note:5Reference: Sections 4290 and 4291, Public Resources e.67§ 1270.04. Local Regulations Ordinances.8(a)9protection standards applied in SRA and VHFHSZ. However, these10regulations do not supersede local regulations which equal erveastheminimumWildfireexceed the standards of this Subchapter. Nothing contained provisions of any ordinance, rule or regulation of any state orregulation is equal to or exceeds these minimum standards.(b) A local regulation equals or exceeds a minimum standard ofthis Subchapter only if, at a minimum, the local regulation alsofully complies with the corresponding minimum standard in esforcertification via email to the Board, and the Board may entheyprovide the same practical effect. If the Board determines thatthe local requirements do not equal or exceed these regulations,it shall not certify the local ordinance.24(c) A Local Jurisdiction shall not apply exemptions to these25regulationsPage 18 of 76thatarenotenumeratedinthisSubchapter.
1Exceptions requested and approved in conformance with § 1270.062(Exceptions3basis.4ordinances, in lieu of these regulations, shall be applied as5described6inspections performed under 14 CCR § 1270.05.7(d) A Local Jurisdiction or Fire Authority may notify the Board8upon9regulations. The Board may provide technical assistance to relevantprocess.TheforlocalBoard'scertification of local ordinances pursuant to this section aresubsequently amended by Local Jurisdictions, or the regulationsare amended by the Board, without Board re-certification of etheamended local ordinance(s) when the amended local ordinance(s)are not re-certified by the Board. Amendments made by hallbesubmitted for re-certification.(e) The Local Jurisdiction or Fire Authority may submit theirdraft regulation to the Board at least 90 days before the firstmeeting of the Local Jurisdiction or Fire Authority at which theproposed draft will be presented to the public.23(f) The Board may provide recommendations on the draft within 6024days.25(gd) Notwithstanding a local regulation that equals or exceedsPage 19 of 76
1the State Minimum Fire Safe Regulations, Building cConstruction2shall comply with the State Minimum Fire Safe Regulations.3Note:4Reference: Sections 4290 and 4291, Public Resources e.56§ 1270.05. Inspections.7Inspections shall conform to the following requirements:8(a) Inspections in the SRA shall be made by the AHJ, which may9be:10111213141516171819202122232425(1) the Director, or(2) A local agency Local Jurisdictions that hasve assumedstate fire protection responsibility on SRA lands, or(3) A local agency Local Jurisdictions where the inspectionduties have been formally delegated by CAL FIRE the Director tothe local agency Local Jurisdiction, pursuant to subsection (b).(b) The Director may delegate inspection authority to a wingcriteria:(1) The agency Local Jurisdiction represents that they ledgesthatCALFIRE’s authority under subsection (d) shall not be waived on of inspection authority.Page 20 of 76consentstothe
1(4) The Director may revoke the delegation at any 3subsequent revocation of the delegation, shall be documented in4writing, and retained on file at the CAL FIRE Unit headquarters5that6Jurisdiction.7Nothing8inspect and enforce state forest and fire laws even when the9inspection duties have been delegated pursuant to this ea.Localauthorityto(c) Inspections in the VHFHSZ shall be made by the y.Reportsofviolations shall be provided to the CAL FIRE Unit headquartersthat administers SRA fire protection in the Local Jurisdiction.(d) Nothing in this section abrogates CAL FIRE's authority toinspect and enforce state forest and fire laws in the SRA evenwhen the inspection duties have been delegated pursuant to thissection. When inspections are conducted, they shall occur priorto: the issuance of the use permit or certificate of occupancy;the recordation of the parcel map or final map; the filing of anotice of completion; or the final inspection of any project orBuilding permit.(e) Reports of violations within the SRA shall be provided 23protection in the Local Jurisdiction.24(f) Inspections conducted by the Director shall be limited to25confirmingcompliancePage 21 of 76withtheStateMinimumFireSafe
1Regulations. Inspections conducted by The local AHJ the Local2Jurisdiction or Fire Authority shall confirm compliance with the3State4Jurisdiction5inspections with respect to a local regulation that equals or6exceeds the State Minimum Fire Safe Regulations.7(g) The AHJ Local Jurisdiction shall ensure that any applicable8Building Cconstruction complies with the applicable sections of9this nce:12Resources ic13141516171819202122232425§ 1270.06. Exceptions to orExceptions from the standards in the State Minimum Fire SafeRegulations.(ba) Upon request by the applicant, and at the discretion of theAHJ, an eExceptions to a standards within this sSubchapter or toLocalJurisdictioncertifiedordi
24 25 If you are using an assistive reading device it is recommended to adjust your settings for strikeout and underline. Title 14 of the California Code of Regulations (14 CCR), Division 1.5, Chapter 7 Subchapter 2, Articles 1-5 "DRAFT State Minimum Fire Safe Regulations, 2021" Subchapter 2. SRA/VHFHSZ. State Minimum Fire Safe Regulations .
