Pam Temmermand, Fire Prevention Specialist II with the Cal Fire Santa Clara Unit that covers Santa Clara, Alameda, Contra Costa and parts of Stanislaus and San Joaquin counties, recently explained to members of the Silicon Valley Association of Realtors the requirements of AB 38, the law on defensible space inspection. This law took effect in July of this year.
AB 38 requires sellers of property located in High or Very High Fire Hazard Severity zones to provide the buyer with documentation stating that the property is compliant with defensible space requirements. If documentation cannot be provided by the close of escrow, the seller and buyer can enter into a written agreement showing the buyer agrees to obtain documentation of compliance within one year of the close of escrow.
Temmermand said California Department of Forestry and Fire Protection has a map that displays areas in Fire Hazard Severity Zones. The map identifies areas where the state has financial responsibility for wildland fire protection, known as the State Responsibility Areas. The map also identifies Very High Fire Hazard Severity areas known as Local Responsibility Areas, where local governments have the financial responsibility for wildland fire protection.
Property owners can contact their fire department to find out if their property is within an SRA or LRA zone or input their address on Cal Fire's website. Temmermand can also be contacted directly at pam.temmermand@fire.ca.gov. If the property is within an SRA, Cal Fire will do the inspection. If the property is within an LRA, the city or area of local responsibility will tell the property owner who to contact.
California Public Resources Code PRC 4291 outlines the minimum defensible space standards for the state. This includes a defensible space of 100 feet from each side and from the front and rear of the structure, flammability of building materials, building standards, location, vegetation, etc.
Temmermand indicated fires in the last five years have not been caused by average weather conditions. They have been due to high temperatures, low humidity, and extreme winds. She emphasized the importance of pruning vegetation, cutting down weeds to make the structure safer and getting vegetation set back so fire does not ladder on since embers can travel a half mile to a mile quickly.
The Cal Fire specialist advises sellers not to wait until the last minute to comply with the defensible space inspection law. The inspection has to be completed six months prior to the sale of a property if there is no agreement to have the buyer comply with the requirement within a year after the property is sold. If anything needs to be mitigated on the property, the seller has 30 days to complete the work. This would be followed by another inspection to ensure the property is compliant. If either seller or buyer is non-compliant, they are cited.
"We're trying to save their home, to allow the occupants to evacuate their home and to make it safe for firefighters to make a defensible stance. If they can't, they will move on to another house," said Temmermand.
The Silicon Valley Association of REALTORS® (SILVAR) is a professional trade organization representing over 4,000 REALTORS® and Affiliate members engaged in the real estate business on the Peninsula and in the South Bay. SILVAR promotes the highest ethical standards of real estate practice, serves as an advocate for homeownership and homeowners, and represents the interests of property owners in Silicon Valley.
The term "REALTOR®" is a registered collective membership mark which identifies a real estate professional who is a member of the National Association of REALTORS® and who subscribes to its strict Code of Ethics.
Variations of this article have appeared in local area newspapers.
For further information, please email or call the SILVAR office at (408) 200-0100.