Board of Forestry and Fire Protection
Title 14 of the California Code of Regulations (14 CCR),
Division 1.5, Chapter 7, Subchapter 2
Emergency Fire Safe Regulations Applicability
- 1270.02. Scope.
(a) These regulations shall apply to:
(1) the perimeters and access to all residential, commercial, and industrial building construction within the SRA approved after January 1, 1991 except as set forth below in subsections (b.)through (d), inclusive;
(2) the siting of newly installed commercial modulars, manufactured homes, mobilehomes, and factory-built housing, as defined in Health and Safety Code sections 18001.8, 18007, 18008, and 19971;
(3) all tentative and parcel maps or other developments approved after January 1, 1991; and
(4) applications for building permits on a parcel approved in a pre-1991 parcel or tentative map to the extent that conditions relating to the perimeters and access to the buildings were not imposed as part of the approval of the parcel or tentative map.
(b) These regulations do not apply where an application for a building permit is filed after January 1, 1991 for building construction on a parcel that was formed from a parcel map or tentative map (if the final map for the tentative map is approved within the time prescribed by the local ordinance) approved prior to January 1, 1991, to the extent that conditions relating to the perimeters and access to the buildings were imposed by the parcel map or final tentative map approved prior to January 1, 1991.
(c) At the discretion of, and subject to any requirements to ensure reasonable ingress, egress and capacity for evacuation and emergency response in the case of a wildfire imposed by, the local jurisdiction, these regulations shall not apply to the reconstruction or repair of legally constructed residential, commercial, or industrial buildings due to a wildfire or similar disaster, to the extent that the reconstruction or repair does not:
(1) increase the square footage of the commercial or industrial building or buildings that previously existed, or increases the square footage only to any locally allowable limit; or
(2) increase the square footage of each residential building or buildings that previously existed, or increases the square footage only to any locally allowable limit; or
(3) change the use of the building or buildings that had existed previously; or
(4) construct a new building or buildings that did not previously exist on the site.
(d) These regulations do not apply to the creation of accessory or junior accessory dwelling units that comply with Government Code sections 65852.2 or 65852.22, or any local ordinances enacted thereunder, as applicable.
(ce) Affected activities include, but are not limited to:
(1) permitting or approval of new parcels, excluding lot line adjustments as specified in Government Code (GC) section 66412(d);
(2) application for a building permit for new construction, not relating to an existing structure;
(3) application for a use permit; and
(4) road construction, to the extent such construction is subject to the perimeter and access standards addressed by these regulations. including construction of a road that does not currently exist, or extension of an existing road.
(df) EXEMPTION: Roads used solely for agricultural, mining, or the management and harvesting of wood products.
Note: Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code.; Section 65852.2 Government Code.
- 1270.04. Local Ordinances.
(a) Nothing contained in these regulations shall be considered as abrogating the provisions of any ordinance, rule, or regulation of any state or local jurisdiction provided that such ordinance, rule, or regulation or general plan element is equal to or exceeds more stringent than these minimum standards.
(b) The Board may certify local ordinances as equaling or exceeding these regulations Counties may submit their local ordinances for certification via email to the Board, and the Board may certify them as equaling or exceeding these regulations when they provide the same practical effect. When the Board grants certification, the local ordinances, in lieu of these regulations, shall be applied as described in 14 CCR § 1270.02 and used as the basis for inspections performed under 14 CCR § 1270.05. The Board may decline to certify the local ordinance, rule, or regulation if the Board determines that the local requirements do not equal or exceed these regulations.
(c) Counties may submit their local ordinances for certification via email to the Board.
(dc) The Board’s certification of local ordinances pursuant to this section is rendered invalid when previously certified ordinances are subsequently amended by local jurisdictions without Board re-certification of the amended ordinances. The Board’s regulations supersede the amended local ordinance(s) when the amended local ordinance(s) are not re-certified by the Board. Amendments made by local jurisdictions to previously certified ordinances shall be submitted for re-certification. Note: Authority cited: Sections 4111 and 4290, Public Resources Code. Reference: Sections 4117 and 4290, Public Resources Code.
- 1270.05. Inspections.
Inspections shall conform to the following requirements:
(a) Inspection shall be made by:
(1) the Director, or
(2) local jurisdictions that have assumed state fire protection responsibility on SRA lands, or
(3) local jurisdictions where the inspection duties have been formally delegated by CAL FIRE to the local jurisdiction.
(b) Inspections made under 14 CCR § 1270.05(a)(2) or 14 CCR § 1270.05(a)(3) shall occur only when these regulations are incorporated into local ordinance in one of the following manners:
(1) these regulations have been incorporated verbatim or by reference into that jurisdiction’s permitting or approval process for the activities described in 14 CCR § 1270.02; or
(2) the local ordinances have been certified pursuant to 14 CCR § 1270.04;
(cb) Nothing in this section abrogates CAL FIRE’s authority to inspect and enforce state forest and fire laws even when the inspection duties have been delegated pursuant to this section.
(dc) Reports of violations shall be provided to the CAL FIRE Unit headquarters that administers SRA fire protection in the local jurisdiction.
(ed) When inspections are conducted, they shall occur prior to: the issuance of the use permit or certificate of occupancy; the recordation of the parcel map or final map; the filing of a notice of completion; or the final inspection of any project or building permit.
Note: Authority cited: Sections 4111, 4119 and 4290, Public Resources Code. Reference: Section 4290, Public Resources Code.
Article 2. Emergency Access and Egress
- 1273.00. Intent.
(a) Roads and driveways, whether public or private, unless exempted under 14 CCR § 1270.02(b), (c), or (d), shall provide for safe access for emergency wildfire equipment and civilian evacuation concurrently, and shall provide unobstructed traffic circulation during a wildfire emergency consistent with 14 CCR §§ 1273.00 through 1273.09.
(b) Notwithstanding subdivision (a), with respect to residential building construction, existing roads, driveways, and road and driveway structures legally constructed after January 1, 1991, whether public or private, providing access to the activities described in § 1270.02(a) need not comply with the standards set forth in this article unless the activities require a tentative and final map as set forth in Government Code § 66426. Before approving an activity under this subdivision, the local jurisdiction shall make a finding supported by substantial evidence in the record that reasonable access and service exists in the case of a wildfire, with adequate ingress, egress, and capacity for evacuation and emergency response. The local jurisdiction may impose conditions to improve existing roads as necessary to effectuate this.
Note: Authority cited: Section 4290, Public Resources Code. Reference: Sections 4290 and 4291, Public Resources Code. Section 66426, Government Code.