Beginning January 1 in California the seller of a home in a designated high fire area built before 2010 must disclose to the buyer conditions that make the home vulnerable to wildfires.
The seller must provide documentation stating that the property is in compliance with local laws pertaining to defensible spaces or local vegetation management laws. If there is no such local law, the seller shall provide documentation of compliance with state law, assuming the seller obtained such documentation within six months prior to entering into the transaction. But if neither of the above, the seller and the buyer must enter into a written agreement in which the buyer agrees to obtain documentation of compliance with defensible space or a local vegetation management ordinance after close.
Here are the details from the legislation:
Disclosures re Home Hardening
Beginning January 1, 2020, if a seller, after completion of construction, has obtained a final inspection report regarding compliance with, among other things, home hardening laws (Gov’t Code 51182 and 51189*), the seller shall provide to the buyer a copy of that report or information on where a copy of the report may be obtained.
Beginning January 1, 2021, this law requires for properties located in high or very high fire hazard severity zones for homes built before 2010, delivery of a notice to include the following three items:
1. A statutory disclosure that includes information on how to fire harden homes as follows:
“This home is located in a high or very high fire hazard severity zone and this home was built before the implementation of the Wildfire Urban Interface building codes which help to fire harden a home. To better protect your home from wildfire, you might need to consider improvements. Information on fire hardening, including current building standards and information on minimum annual vegetation management standards to protect homes from wildfires, can be obtained on the internet website http://www.readyforwildfire.org.”
2. Disclosure of a list of features that may make the home vulnerable to wildfire and flying embers if the seller is aware. The list includes, among other things, untreated wood shingles, combustible landscaping within five feet of the home, and single pane glass windows.
3. On or after July 1, 2025, a list of low-cost retrofits re home hardening (listed pursuant to Section 51189 of the Government Code*). The notice shall disclose which listed retrofits, if any, that have been completed during the time that the seller has owned the property.
Potential point of sale compliance requirements re defensible space or local vegetation management laws
Beginning July 1, 2021 seller of property in high or very high fire hazard zones shall provide documentation to the buyer stating that the property is in compliance with laws pertaining to state law defensible spaces (Public Resources Code 4291**) or local vegetation management ordinances, or in certain cases the buyer and seller will agree that the buyer is to obtain the documentation after close as follows
1. If there is a local ordinance requiring the seller to comply with state law governing defensible spaces (PRC 4291**) or a local vegetation management ordinance, the seller shall provide the buyer with: 1) a copy of the documentation of such compliance, and 2) information on the local agency from which a copy of that documentation may be obtained.
2. But If no such local ordinance exists, and the seller has obtained an inspection from a state, local or other government agency or qualified nonprofit which provides an inspection with documentation for the property, the seller shall provide the buyer with: 1) the documentation of the inspection if obtained within six months prior to entering into a transaction to sell the real property and 2) information on the local agency from which a copy of that documentation may be obtained.
3. If seller hasn’t obtained documentation of compliance per 1 or 2 above, then the seller and buyer shall enter into a written agreement stating that the buyer agrees to: a) obtain documentation of compliance per the local ordinance or b) if there is no such local ordinance, the buyer shall, within one year, obtain documentation of compliance as long as there is a state, local or other government agency or qualified nonprofit which provides an inspection with documentation of compliance for the property.
This law also requires the California Office of Emergency Services (Cal OES) to enter into a joint powers agreement with the Department of Forestry and Fire Protection (Cal FIRE) to administer a comprehensive wildfire mitigation and assistance program to encourage cost-effective structure hardening and facilitate vegetation management, contingent upon appropriation by the Legislature.
The traditional way — and the easiest way — to compare wildfire seasons is the number of acres burned. That figure is fairly straightforward and reliable, at least for data within the last 35 years; before 1984 the data is questionable.
But blackened acres does not tell the whole story about the effects of fires on humans. A 50,000-acre fire in a northwestern California wilderness area has fewer direct impacts on the population than, for instance, the 3,200-acre Almeda Fire that destroyed 2,357 residences in Southern Oregon a few months ago.
Headwaters Economics has built a user friendly interactive data base of the number of structures, by state, destroyed by wildfires from 2005 to 2020. It presumably includes all structures, including back yard sheds, other outbuildings, commercial buildings, and residences.
Here are three screenshots, examples for the entire U.S., Colorado, and Montana.
The best way to prevent homes from being destroyed in a wildfire is not clear cutting or prescribed burning a forest, it is the homeowner reducing flammable material in the Home Ignition Zone. This includes spacing the crowns of trees at least 18 feet apart that are within 30 feet of the home, 12 feet apart at 30 to 60 feet, and 6 feet apart at 60 to 100 feet. The envelope of the structure itself must be fire resistant, including the roof, vents, siding, doors, windows, foundation, fences, eaves, and decks. A FEMA publication (13 MB) has excellent detailed recommendations. Headwaters Economics found that the cost of building a fire-resistant home is about the same as a standard home. When implemented, Chapter 7A of the California Building Code, regulates these features.
Uncontrollable extreme wildfires are inevitable; however, by reducing home ignition potential within the Home Ignition Zone we can create ignition resistant homes and communities. Thus, community wildfire risk should be defined as a home ignition problem, not a wildfire control problem. Unfortunately, protecting communities from wildfire by reducing home ignition potential runs counter to established orthodoxy.
They were asked about how to break the cycle of more severe weather, homes in fire-prone areas, and fire suppression that puts forests at greater risk for more catastrophic fires in the future
In an effort to provide for our readers information about positions the presidential candidates have taken on wildland fire issues, today we have the second article in the series. Earlier this month we searched the websites of the candidates and were able to find the issue addressed by only one, Mike Bloomberg, which we put in a February 15 article.
To be clear, Wildfire Today is not endorsing any candidates, but in an effort to inform voters we will be happy to write about all substantive written positions related to fire that are taken by presidential Candidates as long as they have more than 2 percent in a reliable nationwide poll on the election such as this one at fivethirtyeight.
After seeing that article one of our readers, Su Britting, informed us that she had seen a piece in the Desert Sun featuring the candidates’ responses to a fire-related question posed by a Research Scientist for the U.S. Forest Service who also teaches at the University of California at Davis.
Below is an excerpt from the article, used here with permission from Executive Editor Julie Makinen. The only part not included are a few introductory paragraphs written by the reporter, Sam Metz. The candidates’ statements in the Desert Sun article are included in their entirety.
…We enlisted Professor Malcolm North, a fire ecologist with the U.S. Forest Service who also teaches at UC Davis, to ask the candidates running in the Democratic Party’s presidential primary a question about wildfire policy.
North wanted to see how candidates would balance California’s need for more housing with the hazards of building in wildfire-prone regions and how they’d address concerns surrounding fire suppression and its potential to exacerbate the problem. Each candidate was given the same set of questions to answer within a specific timeframe. Some campaigns responded in the third person (e.g. “Senator Klobuchar believes …”) while other candidates responded themselves (e.g. “As president, I’ll invest …”). Candidates that are not featured did not provide a response.
Like most of the western United States, California’s wildfires are becoming more destructive with more severe weather, unchecked home building in fire-prone areas, and fire suppression that puts forests at greater risk for larger, more catastrophic fires in the future. As president, how would you do to help break this cycle for the sake of both people and ecosystems? — Malcolm North, Research Scientist, U.S. Forest Service, Mammoth Lakes, Calif.
Elizabeth Warren: Climate change is an existential threat to all life on this planet — and Californians are already seeing the dangers of climate change first hand. Elizabeth Warren is an original co-sponsor of the Green New Deal resolution and has more than 10 climate plans that detail how a Warren administration will achieve domestic net zero emissions by 2030.
Wildfires pose an especially serious threat to low-income communities, people with disabilities, and seniors. That’s why Elizabeth has committed to:
Improving fire mapping and prevention by investing in advanced modeling with a focus on helping the most vulnerable — incorporating not only fire vulnerability but community demographics.
Prioritize these data to invest in land management, particularly near the most vulnerable communities, supporting forest restoration, lowering fire risk, and creating jobs all at once.
Invest in microgrid technology, so that we can de-energize high-risk areas when required without impacting the larger community’s energy supply.
Collaborate with Tribal governments on land management practices to reduce wildfires, including by incorporating traditional ecological practices and exploring co-management and the return of public resources to indigenous protection wherever possible.
She’s also committed to prioritizing at-risk populations in disaster planning and response and strengthening rules to require disaster response plans to uphold the rights of vulnerable populations. A Warren administration will center a right to return for individuals who have been displaced during a disaster and while relocation should be a last resort, when it occurs, she is committed to improving living standards and keeping communities together whenever possible.
Pete Buttigieg: California’s devastating wildfires are one example of the accelerated impacts of climate change. This is one of the most pressing security challenges of our era and it will absolutely be a top priority under my administration. To stem the impacts of climate change my administration will get our country to net-zero emissions no later than 2050, by implementing a bold and achievable Green New Deal. We will enact a price on carbon and use the revenue to send rebates directly to Americans’ pockets. We will also quadruple federal clean energy R&D funding to invest more than $200 billion in developing new technologies as well as create three investment funds to spur clean technology development and fund locally-led clean energy projects, particularly in disadvantaged communities.
Promoting resilient infrastructure is crucial to preparing communities against climate change. The American Clean Energy Bank and Regional Resilience Hubs that I am proposing will finance local investments in resilient infrastructure. My administration will develop federal guidelines for investments in and implementation of new approaches, including nature-based solutions, that make our natural resources and communities safer and more resilient. We will also establish a National Catastrophic Extreme Weather Insurance (CEWI) program to provide stability to individuals and communities who experience the major disruptions caused by climate change and other natural risks such as earthquakes. We will build a resilient nation that can stand up to the extreme weather and sea level rise we are already facing, and lead the world in bringing our international partners and local leaders together to solve this crisis.
Tom Steyer: I began this campaign because despite several Democratic candidates talking about the climate crisis, the seriousness of the threat was not getting the attention it demanded. I am the only candidate who will make addressing climate change my number one priority as President of the United States. Climate change doesn’t just represent a serious threat — it is also a great opportunity to build a sustainable American infrastructure and an economy that restores prosperity to all Americans, not just the wealthy. In order to break the cycle of the catastrophic effects of climate change, we need to build resilient infrastructure and a renewable economy. We also need to invest in individual ecosystems (forests, lakes, oceans) in the context of climate change. This will mean undoing the negligence of the Trump administration’s policies and creating collaboration between the states and the federal government to address the problems of designing, building and maintaining climate-resilient communities.
As part of my Justice Centered Climate Plan, I will invest nearly $500 billion in the upkeep and protection of our watersheds, wetlands, national parks, and forests — and this includes fire management as well as protecting our clean drinking water. Because while some of the impacts of climate change are already here, there are levelheaded preventative measures we can take to protect ourselves and our forests from the worst dangers. My plan puts $555 billion into developing climate-smart communities and housing and an additional $755 billion into adaptation, resilience, and green infrastructure. This will ensure that the people who are displaced from fires and flooding have affordable places to live with access to green space. And it will also ensure that they have good-paying jobs building our new climate-resilient infrastructure, protecting our lands and waters, and serving communities hit by the climate crisis as long-term disaster recovery workers.
Bernie Sanders: We’re already seeing the devastating effects of climate change. In California, 15 of the 20 largest fires in the state’s history have occurred since 2000. We must invest now in mitigating these more frequent and severe wildfires, making our infrastructure more resilient, and preparing for disaster response. We must change our framework of fire suppression and forest management to take the whole local ecosystem into account, including the rural communities who are most vulnerable.
In California, developers are building houses in fire hazard zones, a move partially driven by the housing shortage. Bernie is committed to fully closing the 7.4 million unit shortage of affordable housing to guarantee housing to all as a right. We will work to ensure housing growth is climate-resilient, with experts and impacted communities included every step of the way.
We’ll expand the wildfire restoration and disaster preparedness workforce. We’ll increase federal funding for firefighting by $18 billion to deal with the increased severity and frequency of wildfires. Furthermore, we must facilitate community evacuation plans that include people experiencing homelessness, and increase social cohesion for rapid and resilient disaster recovery to avoid the use of martial law and increased policing in disaster response.
We’ll also amend the Stafford Act to ensure that FEMA ensures that recovery and rebuilding efforts make affected communities stronger than they were before the disaster so they are more resilient to the next disaster.
Michael Bloomberg: First and most importantly, we’ve got to act aggressively to curb the carbon pollution and climate change that is like pouring accelerant on our western forests, making fires bigger and more catastrophic — this will be a top priority for my presidency. In addition, we’ve got to transition from the old fire suppression approach to managing our forests to restore healthy ecosystems that are inherently more resilient to catastrophic fire.
I’m calling for an effort on the scale of FDR’s response to the Dust Bowl, making this a top priority for the Forest Service. I will direct them to work with other federal land agencies, states, tribes, and local communities to develop a far-reaching fire prevention and management plan for each state at risk, aiming to reduce the loss of lives and property by half within four years.
It will apply for one year after the Governor declared a state of emergency
The California Department of Insurance is invoking a law passed in 2018 that bans insurance companies from dropping or refusing to renew homeowners policies in zip codes within or adjacent to the perimeters of recent fires. This will apply for one year after the Governor declared a state of emergency in October, 2018 and will affect at least 800,000 homes in wildfire disaster areas in Northern and Southern California. The action by Insurance Commissioner Ricardo Lara is the result of Senate Bill 824 that he authored last year while serving as state senator.
In his announcement about the localized ban, the Commissioner went a step further and called on insurance companies to voluntarily cease all non-renewals related to wildfire risk statewide until December 5, 2020.
Many homeowners in California are finding that the premiums on their policies have doubled or tripled in the last two years, and insurance companies in some cases are canceling or refusing to renew policies on residences in areas where wildfires have occurred. California’s property insurers are beginning to retreat from areas they identify as having higher wildfire risk.
Local governments are concerned that this trend could disrupt local real estate markets and cause property values to decline, reducing tax revenue available for vital services to residents such as fire protection, community fire mitigation, law enforcement, road repairs, and hospitals.
The California Department of Insurance has identified some of the zip codes affected by the temporary ban on dropping or refusing to renew homeowners policies. The following fires with the affected zip codes are listed: Saddleridge, Eagle, Kincade, Tick, Getty, Hill, and Maria.
CAL FIRE has not yet provided the fire perimeter maps for the Water, 46, Hillside, Easy, Sky, and Glen Cove Fires, therefore the zip codes near these fires is not yet available.
Opinion: Could this be a tipping point?
I have wondered for years when the insurance companies were going to drastically raise their rates or refuse to issue policies in wildfire-prone areas. I figured that when it occurred it could be a tipping point that could lead to broad positive actions affecting the resiliency of communities at risk from wildfires. Either that, or those areas could experience significant outward migration of residents, causing economic disruption.
Fire-prone communities, if they are going to survive over the long term, have to learn to live with fire. Sticking their heads in the sand and thinking fires can’t happen to them is not recognizing reality.
Above: Homes being rebuilt in the Coffey Park area of Santa Rosa. Screenshot from Sacramento Bee video.
In Santa Rosa, California the 1,200 homes that were destroyed in the 2017 Tubbs Fire are being rebuilt without a requirement that they adhere to the stricter building codes required in rural areas of California that would make them more resistant to being consumed in the next wildfire.
…Coffey Park [neighborhood] is rebuilding quickly: The community organization Coffey Strong says more than half of the 1,200 homes that burned down in 2017 are finished, and hundreds more are under construction.
But some wildfire experts wonder if Coffey Park isn’t courting danger by ignoring a state building code designed for wildfire-prone areas.
“They’re setting themselves up for the next disaster,” said Chris Dicus, a wildfire expert at Cal Poly San Luis Obispo. “I was disappointed to see they didn’t build up to code.”
Coffey Park residents seem resigned to the risk of another fire. They consider it part of the cost of living in a neighborhood they love. When asked about building codes, they say yes, another monster like the Tubbs Fire would be devastating — but no amount of fire-resistant roofing would likely change that.
“If it’s going to burn down, it’s going to burn down,” said Charlie Catlett, a retired physician who moved back home a little more than a week ago, after the latest evacuations were over.
Chapter 7A of the California Building Code designed for the state’s areas at high risk from wildfire can be optionally adopted by cities, but is mandatory in rural areas designated by CAL FIRE as being at high risk of wildfires. It lays out standards for roofs, exterior walls, vents in exterior walls and attics, windows, exterior doors, decking, and outbuildings.
Analysts studying the aftermath of the Camp Fire which destroyed much of Paradise, California found that homes built to fire-safe standards had a much higher survival rate than those that were not. Beginning in 2008 new construction in the city was required to follow Chapter 7A. Fifty-one percent of the homes built under that standard survived, while only eighteen percent built before 2008 did.
Headwaters Economics found that the cost of building a fire-resistant home is about the same as a standard home.
Adopting sensible building codes is very important, but a holistic approach is required to keep from repeating wildfire disasters:
A reporter asked me what needs to be done to keep from repeating disasters like we have seen recently in California at Paradise, Redding, and the Napa Valley. I told him that there is no one thing that needs to be done, such as raking or “forest management”, it requires a comprehensive holistic approach.
The principle of the weakest link in the chain applies here. If one of the categories of improvements to protect a development is sub-par, the individual structures and the entire community in a fire-prone environment is at risk. And if a homeowner does not do their part, it can endanger their neighbors.
Reducing the chances that a fire in a populated area will turn into a disaster that burns thousands of homes involves at least six categories of factors: home spacing, envelope of the structure itself, home ignition zone, community infrastructure, wildland urban interface, and fire codes.
Home spacing/lot size
Cities, counties, and planning boards are often under pressure to approve new housing developments. They want to expand their tax base. Developers try to fit as many homes into a new subdivision as possible to maximize their investment. This too often results in homes that are 20-feet apart. If one is ignited by a burning ember that may have traveled a quarter of a mile from a fire (or a burning home) the radiant heat alone can ignite the homes on both sides. Then you can have a self-powered conflagration spreading house to house through a city. When the structures are that close together, the homeowners have not reduced the fuel in the Home Ignition Zone, and the home itself is not built to FireWise standards, a massive disaster can be the result.
If a homeowner wants, or is required, to reduce the flammable material within 100 feet of their residence, what are they expected to do if there is another home 20 feet away that is really a large assembly of flammable material?
Some of the homes in Paradise, California that burned were less than 20 feet apart. According to measurements using Google Earth, we determined that the structures in the photo above were 14 to 18 feet from each other.
The National Institute of Standards and Technology released a report on the 2012 Waldo Canyon Fire that burned 344 homes and killed two people in Colorado Springs, Colorado. They concluded that current concepts of defensible space did not account for hazards of burning primary structures, hazards presented by embers, and the hazards outside of the home ignition zone. In addition, NIST recommended:
High-density structure-to-structure spacing in a community should be identified and considered in [Wildland Urban Interface] fire response plans. In the Waldo Canyon fire, the majority of homes destroyed were ignited by fire and embers coming from other nearby residences already on fire. Based on this observation, the researchers concluded that structure spatial arrangements in a community must be a major consideration when planning for WUI fires.
After studying the Carr Fire that destroyed 1,079 residences at Redding, California earlier this year, retired CAL FIRE Battalion Chief Royal Burnett reached similar conclusions.
It was easy to figure out why the houses on the rim burned — they were looking right down the barrel of a blowtorch. Even though they had fire resistant construction, many had loaded their patios with flammable lawn furniture, tiki bars and flammable ornamental plants. Palm trees became flaming pillars, shredded bark became the fuse, junipers became napalm bombs. Under current standards houses are build 6 to an acre; 10 feet to the property line and only 20 feet between houses. Once one house ignited, radiant heat could easily torch the next one.
2. Envelope of the structure itself
Included in this category are characteristics of the roof, vents, siding, doors, windows, foundation, fences, eaves, and decks. A FEMA publication (13 MB) has excellent detailed recommendations. Headwaters Economics found that the cost of building a fire-resistant home is about the same as a standard home. When implemented, Chapter 7A of the California Building Code, regulates these features.
3. Home Ignition Zone
The NFPA and FireWise programs recommend reducing flammable material within 100 feet of structures and spacing the crowns of trees at least 18 feet apart that are within 30 feet of the home, 12 feet apart at 30 to 60 feet, and 6 feet apart at 60 to 100 feet. Another house that is 15 to 50 feet away is also fuel, and if it ignites will be a serious threat.
Road and driveway width, wide enough for large fire trucks
Turnarounds at the end of roads
Emergency water supply.
Again, the FEMA document has great recommendations.
5. Wildland-Urban Interface
There is of course much that can be done surrounding the places where people live that would reduce the vegetation or fuel and decrease the intensity and ember generation potential of a fire as it approaches an urban area. Large scale fuel management projects including fuel breaks and prescribed fire programs are usually conducted by state and federal agencies.
A fuel break does not have to be devoid of vegetation, but it should have minimal tons per acre that would therefore burn with less intensity and with fewer fire brands being lofted downwind. This could enable firefighters to make a stand and create a place from which to ignite a backfire, perhaps aided by aircraft dropping water or retardant.
6. Fire codes are essential
The only effective way to ensure that residents understand and implement these five tasks is to make them mandatory by establishing Fire Codes at the local and state levels.
Analysts studying the aftermath of the Camp Fire which destroyed much of Paradise, California found that homes built to fire-safe standards had a much higher survival rate than those that were not. Beginning in 2008 new construction in the city was required to follow a standard, Chapter 7A of the California Building Code, designed for the state’s areas at high risk from wildfire. Fifty-one percent of the homes built under the 7A code survived, while only eighteen percent built before 2008 did.
Chapter 7A lays out standards for roofs, exterior walls, vents in exterior walls and attics, windows, exterior doors, decking, and outbuildings. Remember, the cost of building a fire-resistant home is about the same as a standard home.
The warming climate is demonstrating that wildfires are becoming increasingly perilous. It is the responsibility of state and local governments protect their citizens by enacting sensible standards.