Bill Text: CA AB2911 | 2017-2018 | Regular Session | Amended
Bill Title: Fire safety.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-09-21 - Chaptered by Secretary of State - Chapter 641, Statutes of 2018. [AB2911 Detail]
Download: California-2017-AB2911-Amended.html
Amended
IN
Assembly
April 09, 2018 |
Assembly Bill | No. 2911 |
Introduced by Assembly Member Friedman |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
(3)The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency, and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to
approve, conditionally approve, or disapprove the map within a specified time period. Before approving a tentative map, or a parcel map for which a tentative map was not required, for an area located in a state responsibility area or a very high fire hazard severity zone, existing law requires the local agency to make specified findings including that the design and location of each lot in the subdivision and the subdivision as a whole are consistent with any regulations adopted by the Board of Forestry and Fire Protection relating to buildings or structures in hazardous fire areas or mountainous, forest, brush, and grass-covered lands, as provided.
This bill would instead require a finding that the subdivision is consistent with any regulations adopted by the board relating to buildings or structures in hazardous fire areas. The bill would require the local agency, upon approval of the tentative map in specified situations, to transmit a copy of the findings and
maps to the board.
(4)
This bill would require, on or before July 1, 2019, the board to initiate a rulemaking process to consider adopting regulations requiring a minimum of 2 separate access roads for a subdivision, as defined, located in a state responsibility area or a very high fire hazard severity zone.
This bill would increase the clearance distance for lines operating at 2,400 to 110,000 volts, as provided, and would require any service drop operating at more than 750 volts but less
than 2,400 volts to have a clearance distance of 4 feet. The bill would require clearance distance to be measured from the outermost point of hardware, as provided.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following:SEC. 2.
Section 51189 of the Government Code is amended to read:51189.
(a) The Legislature finds and declares that site and structure defensibility is essential to reduce the risk of structure ignition as well as for effective fire suppression by firefighters. This need to establish defensibility extends beyond the site fuel management practices required by this chapter, and includes, but is not limited to, measures that increase the likelihood of a structure to withstand ignition, such as building design and construction requirements that use fire resistant building materials, and provide standards for reducing fire risks on structure projections, including, but not limited to, porches, decks, balconies and eaves, and structure openings, including, but not limited to, attic, foundation, and eave vents, doors, and windows.SEC. 3.
Section 65302.5 of the Government Code is amended to read:65302.5.
(a) At least 45 days prior to adoption or amendment of the safety element, each county and city shall submit to the California Geological Survey of the Department of Conservation one copy of a draft of the safety element or amendment and any technical studies used for developing the safety element. The division may review drafts submitted to it to determine whether they incorporate known seismic and other geologic hazard information, and report its findings to the planning agency within 30 days of receipt of the draft of the safety element or amendment pursuant to this subdivision. The legislative body shall consider the division’s findings prior to final adoption of the safety element or amendment unless the division’s findings are not available within the above prescribed time limits or unless the division has indicated to the city or county that the division will not review the safety element. If the division’s findings are not available within those prescribed time limits, the legislative body may take the division’s findings into consideration at the time it considers future amendments to the safety element. Each county and city shall provide the division with a copy of its adopted safety element or amendments. The division may review adopted safety elements or amendments and report its findings. All findings made by the division shall be advisory to the planning agency and legislative body.(a)(1)Before approving a tentative map, or a parcel map for which a tentative map was not required, for an area located in a state responsibility area or a very high fire hazard severity zone, as both are defined in Section 51177, a legislative body of a county shall, except as provided in subdivision (b), make the following three findings:
(A)A finding
supported by substantial evidence in the record that the subdivision is consistent with any applicable regulations adopted by the State Board of Forestry and Fire Protection pursuant to Section 4291 of the Public Resources Code.
(B)A finding supported by substantial evidence in the record that structural fire protection and suppression services will be available for the subdivision through any of the following entities:
(i)A county, city, special district, political subdivision of the state, or another entity organized solely to provide fire protection services that is monitored and funded by a county or other public entity.
(ii)The Department of Forestry and Fire Protection by contract entered into pursuant to Section 4133, 4142, or 4144 of the Public Resources Code.
(C)A finding that, to the extent practicable, ingress and egress for the subdivision meets or exceeds the requirements of the regulations regarding road standards for fire equipment access adopted pursuant to Section 4290 of the Public Resources Code and any applicable local ordinance.
(2)Upon approving a tentative map, or a parcel map for which a tentative map was not required, for an area located in a state responsibility area or a very high fire hazard severity zone, as both are defined in Section 51177, a legislative body of a county shall transmit a copy of the findings required in this subdivision and accompanying maps to the State Board of Forestry and Fire Protection.
(b)(1)Subdivision (a) does not apply to the approval of a tentative map, or a parcel map for which a tentative map was not required, that would subdivide land identified in the open space element of the general plan for the managed production of resources, including, but not limited to, forest land, rangeland, agricultural land, and areas of economic importance for the production of food or fiber, if the subdivision is consistent with the open
space purpose and if, for the subdivision of land that would result in parcels that are 40 acres or smaller in size, those parcels are subject to a binding and recorded restriction prohibiting the development of a habitable, industrial, or commercial building or structure. All other structures shall comply with defensible space requirements described in Section 51182 of this code or Section 4291 of the Public Resources Code.
(2)Any later approval to remove a binding restriction placed as a condition of a tentative map, or a parcel map for which a tentative map was not required, that would allow the development of a building or structure for a parcel that has previously been exempted from the requirements of subdivision (a) pursuant to paragraph (1) of this subdivision shall be subject to the requirements of subdivision (a).
(c)This section does not supersede regulations
established by the State Board of Forestry and Fire Protection or local ordinances that provide equivalent or more stringent minimum requirements than those contained within this section.
(a)The board shall adopt regulations implementing minimum fire safety standards related to defensible space which are applicable to state responsibility area lands under the authority of the department. These regulations apply to the perimeters and access to all residential, commercial, and industrial building construction within state responsibility areas approved after January 1, 1991. The board may not adopt building standards, as defined in Section 18909 of the Health and Safety Code, under the authority of this section. As an integral part of fire safety standards, the State Fire Marshal has the authority to adopt regulations for roof coverings and openings into the attic areas of buildings specified in
Section 13108.5 of the Health and Safety Code. The regulations apply to the placement of mobile homes as defined by National Fire Protection Association standards. These regulations do not apply where an application for a building permit was filed prior to January 1, 1991, or to parcel or tentative maps or other developments approved prior to January 1, 1991, if the final map for the tentative map is approved within the time prescribed by the local ordinance. The regulations shall include all of the following:
(1)Road standards for fire equipment access.
(2)Standards for signs identifying streets, roads, and buildings.
(3)Minimum private water supply reserves for emergency fire use.
(4)Fuel breaks and greenbelts.
(b)These regulations do not supersede local regulations which equal or exceed minimum regulations adopted by the state.
(c)(1)On or before July 1, 2019, the board shall initiate a rulemaking process to consider adopting regulations requiring a minimum of two separate access roads for a subdivision located in a state responsibility area or a very high fire hazard severity zone. If adopted, the rule shall be applicable so as to require at least two separate access roads, based on, among other things, the geographical and topographical situation of a subdivision, the feasibility of requiring two separate access roads, ownership patterns, the ability of future phases
to provide access, and the predominant known wind patterns.
(2)For purposes of this subdivision, “subdivision” means a proposed residential development of more than 500 dwelling units, except that for a public water system that has fewer than 5,000 service connections, “subdivision” means any proposed residential development that would account for an increase of 10 percent or more in the number of the public water system’s existing service connections.
SEC. 4.
Section 4290.5 is added to the Public Resources Code, to read:4290.5.
(a) On or before July 1, 2021, and every five years thereafter, the board, in consultation with the State Fire Marshal, shall survey local governments, including counties, cities, and fire districts to identify existing subdivisions located in a state responsibility area or a very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code, without a secondary egress route that are at significant fire risk.SEC. 5.
Section 4291 of the Public Resources Code is amended to read:4291.
(a) A person who owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining a mountainous area, forest-covered lands, brush-covered lands, grass-covered lands, or land that is covered with flammable material, shall at all times do all of the following:SEC. 6.
Section 4291.3 of the Public Resources Code is amended to read:4291.3.
(a) Subject to any other applicable law, a state or local fire official, at his or her discretion, may authorize an owner of property, or his or her agent, to construct a firebreak, or implement appropriate vegetation management techniques, to ensure that defensible space is adequate for the protection of a hospital, adult residential care facility, school, aboveground storage tank, hazardous materials facility, or similar facility on the property. The firebreak may be for a radius of up to 300 feet from the facility, or to the property line, whichever distance is shorter.SEC. 7.
Section 4293 of the Public Resources Code is amended to read:4293.
(a)(A)For a service drop operating at more than 750 volts but less than 2,400 volts, four feet.
(B)
(C)
(D)
(2)Clearance distance shall be measured from the outermost point of hardware. Clearance distance shall be adjusted for slope, such that specified distances are cleared horizontally from hardware.