General
Cal. HSC § 13108.5
California Statutes
(
a) 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, propose fire protection building standards for roofs, exterior walls, 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 of buildings in fire hazard severity zones, including very high fire hazard severity zones designated by the State Fire Marshal pursuant to
Article 9 (commencing with
Section 4201) of
Chapter of Part of Division of the Public Resources Code. (b)
(1) Building standards adopted pursuant to this
section shall also apply to buildings located in very high fire hazard severity zones designated pursuant to
Chapter 6.8 (commencing with
Section 51175) of Part of Division of Title of the Government Code, and other areas designated by a local agency following a finding supported by substantial evidence in the record that the requirements of the building standards adopted pursuant to this
section are necessary for effective fire protection within the area.
(2) Upon identification by the Director of Forestry and Fire Protection pursuant to
Section of the Government Code of high fire hazard severity zones and by a local agency pursuant to
Section of the Government Code, the Office of the State Fire Marshal and the Department of Housing and Community Development shall propose, and the California Building Standards Commission shall adopt, expanded application of the building standards adopted pursuant to this
section to high fire hazard severity zones during the next triennially occurring code adoption cycle.
(3) The State Fire Marshal and the Department of Housing and Community Development shall, after consulting with interested stakeholders, including local fire officials, consider if it is appropriate to expand application of the building standards adopted pursuant to this
section to moderate fire hazard severity zones. If it is found appropriate, the State Fire Marshal and the Department of Housing and Community Development shall, pursuant to
Section 18930, recommend expanding the application of the building standards adopted pursuant to this
section to moderate fire hazard severity zones. (
c) Building standards adopted pursuant to this
section shall also apply to buildings located in urban wildland interface communities. A local agency may, at its discretion, include in or exclude from the requirements of these building standards any area in its jurisdiction following a finding supported by substantial evidence in the record at a public hearing that the requirements of these building standards are necessary or not necessary, respectively, for effective fire protection within the area. Changes made by a local agency to an urban wildland interface community area following a finding supported by substantial evidence in the record shall be final and shall not be rebuttable. (
d) For purposes of subdivision (c), “urban wildland interface community” means a community listed in “Communities at Risk from Wild Fires,” produced by the California Department of Forestry and Fire Protection, Fire and Resource Assessment Program, pursuant to the National Fire Plan, federal Fiscal Year Department of the Interior and Related Agencies Appropriations Act (Public Law 106-291).