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SB 79 Falsely Claims It Exempts Very High Fire Hazard Severity Zones. It does not.
The Prohibition That Isn’t.
SB 79 (Wiener), which requires ministerial approval of high rise, high density residential development within one-half mile of a certain transit stops, such as BART stations, should, but does not exempt sites located in fire hazard severity zones.
It says that a proposed project “shall comply with … the prohibition against a site that is within a very high fire hazard severity zone, pursuant to subparagraph (D) of paragraph (6) of subdivision (a) of Section 65913.4.”
But there is no such prohibition.
SB 79 would add section 65912.159(a)(3), which requires that the project “shall comply with … the prohibition against a site that is within a very high fire hazard severity zone, pursuant to subparagraph (D) of paragraph (6) of subdivision (a) of Section 65913.4.”There is no such prohibition.The last sentence of subparagraph (D) provides, “This subparagraph does not apply …to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.”
Fire hazard mitigation measures are required in all new constructipn in fire hazard severity zones. Specifically, Chapter 7A of the Building Code requires that all new construction in fire hazard zones include fire mitigation measures.
Building standards for new construction are contained in Chapter 7A of the statewide building code, which requires that all new construction in fire hazard severity zones include fire hazard mitigation measures.
As Cal Fire explains:
New Construction CBC Chapter 7A Materials and Construction Methods for Exterior Wildfire Exposure
What is the purpose?
The purpose of the California Wildland-Urban Interface Code is to establish minimum standards for the protection of life and property by increasing the ability of a building to resist the intrusion of flames or burning embers projected by a vegetation fire and contributes to a systematic reduction in conflagration losses. The California Wildland Urban Interface Codes can be found here.
Application Date and Where Required?
The California Wildland-Urban Interface Code applies to all new buildings for which an application for a building permit is submitted on or after July 1, 2008 and are located in the following areas:
All unincorporated lands designated by the State Board of Forestry and Fire Protection as State Responsibility Area (SRA) including:
- Moderate Fire Hazard Severity Zones.
- High Fire Hazard Severity Zones.
- Very-High Fire Hazard Severity Zones.
Land designated as Very-High Fire Hazard Severity Zone by cities and other local agencies.
Land designated as Wildland Interface Fire Area by cities and other local agencies.”Link here
Thus, the exception in SB 79 via Section 65913.4 for “sites that have adopted fire hazard mitigation measures” negates the prohibition. There should be a prohibition, as the bill implies, but there is not.
Nick is a retired lawyer whose practice consisted of trials and litigation, primarily in real estate and doing pro bono work in his community. During the 11 years since retiring, he has been active in civic affairs and studied state housing laws in great detail.