Section 13108.5 Of Article 1. General From California Health And Safety Code >> Division 12. >> Part 2. >> Chapter 1. >> Article 1.
13108.5
. (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 Director of Forestry and Fire Protection pursuant
to Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of
Division 4 of the Public Resources Code.
(b) 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 1 of Division 1 of Title 5 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.
(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 2001 Department of the
Interior and Related Agencies Appropriations Act (Public Law
106-291).