text: The Attorney General may at any time release all or any portion of the property subject to a lien imposed pursuant to Sections 4178 and 4179 from the lien or subordinate the lien to other liens and encumbrances if the Attorney General determines that the amount owed is sufficiently secured by a lien on other property or that the release or subordination of the lien will not jeopardize the collection of the amount owed. A certificate by the Attorney General to the effect that any property has been released from the lien or that the lien has been subordinated to other liens and encumbrances shall be conclusive evidence that the property has been released or that the lien has been subordinated as provided in the certificate.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 63. (SB 272) Effective July 23, 2021.)

article: 7. Public Nuisances


kind: section

code: PRC

citation: PRC § 4180

text: An action to foreclose the lien shall be commenced by the Attorney General in the name of the people of the State of California within six months after the lien is filed and recorded.

history: (History: Added by Stats. 1965, Ch. 1144.)

article: 7. Public Nuisances

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 1. Prevention and Control of Forest Fires > 7. Public Nuisances


citation: PRC § 4181

text: When the property is sold, enough of the proceeds to satisfy the lien and the costs of the foreclosure shall be paid to the state. The surplus, if any, shall be paid to the owner of the property, if known, or if the property owner is not known, shall be paid into the court in which the lien was foreclosed for the use of the owner when the property owner is ascertained.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 64. (SB 272) Effective July 23, 2021.)

division: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS

chapter: 1. Prevention and Control of Forest Fires

article: 7. Public Nuisances


citation: PRC § 4185

text:
The State of California hereby accepts the provisions of the Clarke-McNary Act (Ch. 348, 43 Stat. 653), as amended, passed by the Congress of the United States, and entitled “An act to provide for the protection of forest lands, for the reforestation of denuded areas, for the extension of national forests, and for other purposes, in order to promote the continuous production of timber on lands chiefly suitable therefor,” and will observe and comply with the requirements of that act of Congress.

The department is the agent of this state for the purposes of the Clarke-McNary Act. The department shall have full power to cooperate with all the authorities of the United States which have powers and duties under the act to do and perform all things necessary to secure to this state the benefits of the act.

history: (History: Amended by Stats. 1976, Ch. 1300.)

article: 8. Clarke-McNary Act

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 1. Prevention and Control of Forest Fires > 8. Clarke-McNary Act


citation: PRC § 4186

text: All moneys that are received by the state pursuant to the federal Clarke-McNary Act and that are regularly allotted by the federal government according to an annual formula shall be paid into the General Fund. Any supplemental money received from the federal government pursuant to the federal Clarke-McNary Act for use by the department for specially designated projects shall be authorized by the Director of Finance for augmentation of the subitem captioned “Reimbursements” of the principal item of appropriation from the General Fund for the support of the department contained in the Budget Act for the fiscal year during which the supplemental money is received. However, the Director of Finance shall not authorize the augmentation sooner than 30 days after notification in writing of the necessity for the augmentation to the chairperson of the committee in each house that considers appropriations and to the Chairperson of the Joint Legislative Budget Committee or sooner than whatever lesser time which the chairperson of that committee, or the chairperson’s designee, may in each instance determine.

history: (History: Amended by Stats. 2011, Ch. 296, Sec. 255. (AB 1023) Effective January 1, 2012.)

article: 8. Clarke-McNary Act


citation: PRC § 4187

text: A county which enacts an ordinance, as provided in Section 4129, is entitled to any allocation of moneys received by the state pursuant to the Clarke-McNary Act. Such reimbursement may be provided for by any statute of this state.

article: 8. Clarke-McNary Act


citation: PRC § 4201

text: The purpose of this article is to provide for the classification of lands within state responsibility areas in accordance with the severity of fire hazard present for the purpose of identifying measures to be taken to retard the rate of spreading and to reduce the potential intensity of uncontrolled fires that threaten to destroy resources, life, or property.

history: (History: Added by Stats. 1982, Ch. 806, Sec. 3.)

article: 9. Fire Hazard Severity Zones

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 1. Prevention and Control of Forest Fires > 9. Fire Hazard Severity Zones


citation: PRC § 4202

text: The State Fire Marshal shall classify lands within state responsibility areas into fire hazard severity zones. Each zone shall embrace relatively homogeneous lands and shall be based on fuel loading, slope, fire weather, and other relevant factors present, including areas where winds have been identified by the department as a major cause of wildfire spread.

history: (History: Amended by Stats. 2021, Ch. 225, Sec. 13. (AB 9) Effective January 1, 2022.)

article: 9. Fire Hazard Severity Zones


citation: PRC § 4203

text:
(a) The State Fire Marshal shall, by regulation, designate fire hazard severity zones and assign to each zone a rating reflecting the degree of severity of fire hazard that is expected to prevail in the zone.

(b) No designation of a zone and assignment of a rating shall be adopted by the State Fire Marshal until the proposed regulation has been transmitted to the board of supervisors of the county in which the zone is located at least 45 days before the adoption of the proposed regulation and a public hearing has been held in that county during that 45-day period.

history: (History: Amended by Stats. 2021, Ch. 225, Sec. 14. (AB 9) Effective January 1, 2022.)

article: 9. Fire Hazard Severity Zones


citation: PRC § 4204

text: The State Fire Marshal shall periodically review zones designated and rated pursuant to this article and, as necessary, shall revise zones or their ratings or repeal the designation of zones. Any revision of a zone or its rating or any repeal of a zone shall conform to the requirements of Section 4203. In addition, the revision or repeal of a zone may be petitioned pursuant to Sections 11340.6 and 11340.7 of the Government Code.

history: (History: Amended by Stats. 2021, Ch. 225, Sec. 15. (AB 9) Effective January 1, 2022.)

article: 9. Fire Hazard Severity Zones


citation: PRC § 4205

text:
(a) (1) There is hereby created within the Office of Planning and Research the Commission on Catastrophic Wildfire Cost and Recovery, to examine issues related to catastrophic wildfires associated with utility infrastructure. The commission shall consist of five members. Three members shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Rules, and one member shall be appointed by the Speaker of the Assembly.

(2) The chair of the commission shall be selected by the members of the commission.

(3) Members appointed to the commission shall have demonstrated academic, business, or governmental expertise in laws, policies, and programs applicable to insurance or public and private utilities, and to processes for the allocation of costs and the reduction of damages associated with wildfires in the state.

(b) The commission shall hold at least four public meetings throughout the state for purposes of accepting public and expert testimony on, and for evaluating and making recommendations on, the following matters:

(1) Options for the Legislature and the Governor to consider for enactment that would socialize the costs associated with catastrophic wildfires in an equitable manner.

(2) Options for the Legislature and Governor to consider for enactment that would establish a fund to assist in the payment of costs associated with catastrophic wildfires.

(c) (1) On or before July 1, 2019, the commission, in consultation with the Public Utilities Commission and the Insurance Commissioner, shall prepare a report to the Legislature, in compliance with Section 9795 of the Government Code, and to the Governor containing its assessment of the issues surrounding catastrophic wildfire costs and damages, and making recommendations for changes to law that would ensure equitable distribution of costs among affected parties.

(2) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting a report imposed by paragraph (1) is inoperative on July 1, 2023.

history: (History: Added by Stats. 2018, Ch. 626, Sec. 7. (SB 901) Effective January 1, 2019.)

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 1. Prevention and Control of Forest Fires > 10. Commission on Catastrophic Wildfire Cost and Recovery


citation: PRC § 4208

text:
For purposes of this article, the following definitions apply:

(a) “Department” means the Department of Conservation.

(b) “Eligible coordinating organization” means a local government, tribal government, resource conservation district, joint powers authority, or nongovernmental organization with a history of providing technical assistance and demonstrated capacity to coordinate regional partners across the state.

(c) “Program” means the Regional Forest and Fire Capacity Program.

(d) “Regional entity” means a state conservancy, local government, tribal government, resource conservation district, joint powers authority, or nongovernmental organization with a history of implementing related projects, demonstrated capacity to work across regional partners, and ability to serve as fiscal administrators for the program.

(e) “Statewide implementation” means identifying and supporting regional entities in every part of the state that contains or is adjacent to a very high or high fire hazard severity zone identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201).

history: (History: Added by Stats. 2021, Ch. 225, Sec. 16. (AB 9) Effective January 1, 2022.)

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 1. Prevention and Control of Forest Fires > 11. Regional Forest and Fire Capacity Program


text:
(a) There is hereby established in the department the Regional Forest and Fire Capacity Program to support regional leadership to build local and regional capacity and develop, prioritize, and implement strategies and projects that create fire adapted communities and landscapes by improving ecosystem health, community wildfire preparedness, and fire resilience. For strategies and projects that seek to create fire adapted communities, regional entities shall maximize risk reductions to people and property, especially in the most vulnerable communities.

(b) (1) The department shall, upon an appropriation by the Legislature for these purposes, do both of the following:

(A) (i) Provide block grants to regional entities to develop regional strategies that develop governance structures, identify wildfire risks, foster collaboration, and prioritize and implement projects within the region to achieve the goals of the program.

(ii) Regional priority strategy development shall be in coordination with public landowners and other relevant forest and fire planning efforts in wildfire and forest resiliency planning.

(B) Ensure, to the extent feasible, there are regional entities to cover every part of the state that contains or is adjacent to a very high or high fire hazard severity zone identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201).

(2) Regional entities may implement program activities directly or provide subgrants or contracts, and collaborative planning efforts with local entities, including municipal governments, tribal governments, nongovernmental organizations, community organizations, fire safe councils, land trusts, resource conservation districts, joint power authorities, special districts, fire departments, residents, private and public forest landowners and managers, businesses, and others, to assist the regional entity in accomplishing all of the following objectives:

(A) Develop regional priority strategies that develop and support fire adapted communities and landscapes by improving forest health, watershed health, fire risk reduction, or fire resilience needed to achieve local, regional, or statewide public safety, climate resiliency, and ecosystem goals included in the “Agreement for Shared Stewardship of California’s Forest and Rangelands” and “California’s Wildfire and Forest Resilience Action Plan.”

(B) Complete project development and permitting to generate implementation-ready projects that address regional landscape resilience and community fire protection priorities for funding consideration.

(C) Implement forest management demonstration projects that showcase scalable models for management, funding, and achieving and quantifying multiple benefits.

(D) Implement community fire preparedness demonstration projects that create durable risk reduction for structures and critical community infrastructure.

(E) Develop outreach, education, and training as needed to facilitate and build capacity to implement this section.

(F) Collect and assess data and information as needed to identify and map communities, infrastructure, forests, and watersheds at risk of, and vulnerable to, wildfire, in collaboration with appropriate state agencies, including, but not limited to, the Department of Forestry and Fire Protection.

(c) The department shall, upon an appropriation by the Legislature for these purposes, provide block grants to eligible coordinating organizations under the program to support the statewide implementation of the program through coordination of and technical assistance to regional entities, as well as to support forest health and resilience efforts across regions and throughout the state.

(d) To maximize the benefits of the program, the department shall do all of the following:

(1) Facilitate peer-to-peer learning within and between regions to share information, experiences, and resources to build regional capacity.

(2) Provide technical assistance to regions to enhance regional capacity and assist in the development and prioritization of projects.

(3) Assist regions in identifying potential funding sources for regional priorities.

(4) Encourage the development of local cost share opportunities.

(5) Publish and update on the department’s internet website the following information related to implementation of the program:

(A) A list of regional entities and eligible coordinating organizations funded by the program.

(B) The outcomes of any block grant provided to a regional entity or eligible coordinating organization, including a summary of the benefits, such as the number of people and properties for which wildfire risk has been mitigated, ecosystem health benefits, or other measurements of progress towards state goals for public health and safety, climate resilience, and biodiversity, as applicable.

(C) A description of progress towards ensuring there are regional entities to cover every part of the state that contains or is adjacent to a very high or high fire hazard severity zone identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201).

(e) Until July 1, 2025, the department may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code.

history: (History: Amended by Stats. 2022, Ch. 569, Sec. 50. (AB 156) Effective September 27, 2022.)

article: 11. Regional Forest and Fire Capacity Program


citation: PRC § 4209

text: There is within the Office of the State Fire Marshal a Deputy Director of Community Wildfire Preparedness and Mitigation who shall be responsible for fire preparedness and mitigation missions of the Department of Forestry and Fire Protection, as provided in Section 4209.1.

history: (History: Added by Stats. 2021, Ch. 225, Sec. 17. (AB 9) Effective January 1, 2022.)

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 1. Prevention and Control of Forest Fires > 12. Community Wildfire Preparedness and Mitigation


text:
The Deputy Director of Community Wildfire Preparedness and Mitigation shall be responsible for all of the following programs and activities:

(a) The Fire Prevention Grants Program (Article 2.5 (commencing with Section 4124)).

(b) Defensible space requirements pursuant to Sections 4291 and 4291.1.

(c) The California wildfire mitigation financial assistance program described in Article 16.5 (commencing with Section 8654.2) of Chapter 7 of Division 1 of Title 2 of the Government Code.

(d) The establishment of fire hazard severity zones pursuant to Article 9 (commencing with Section 4201) of this code and very high fire hazard severity zones pursuant to Chapter 6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title 5 of the Government Code.

(e) The requirements of Section 4290.5.

(f) Consultation with the Office of Energy Infrastructure Safety regarding wildfire mitigation plans, pursuant to Sections 8386, 8386.3, and 8386.5 of the Public Utilities Code.

(g) General plan safety element review pursuant to Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code.

(h) Wildland building code standards pursuant to Section 13108.5 of the Health and Safety Code.

(i) Implementation of the minimum fire safety standards adopted pursuant to Section 4290.

article: 12. Community Wildfire Preparedness and Mitigation


text: The Deputy Director of Community Wildfire Preparedness and Mitigation and any subordinate employee shall be primarily assigned to the responsibilities established by this article and shall be the lowest priority employees of the Department of Forestry and Fire Protection for purposes of fire incident support duties.


text:
(a) The State Fire Marshal shall, on or before January 1, 2023, provide the Legislature with a report identifying known personnel and resource shortfalls in implementing programs and activities overseen by the Deputy Director of Community Wildfire Preparedness and Mitigation pursuant to this article.

(b) A report submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

(c) Pursuant to Section 10231.5 of the Government Code, this section shall be repealed on January 1, 2027.

history: (History: Added by Stats. 2021, Ch. 225, Sec. 17. (AB 9) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions.)


text:
(a) The Office of the State Fire Marshal shall establish the State Fire Marshal’s Wildfire Mitigation Advisory Committee to provide a public forum to solicit and consider public input on programs and activities pursuant to this article and to advise the Deputy Director of Community Wildfire Preparedness and Mitigation in developing and implementing programs and activities pursuant to this article.

(b) The committee shall do all of the following:

(1) Provide a consistent and regular means of communication on topics related to community wildfire preparedness and fire mitigation between the department, the Office of the State Fire Marshal, representatives of relevant industries, state agencies, fire service agencies, and other stakeholders.

(2) Provide a forum for addressing wildfire preparedness and mitigation issues of statewide concern.

(3) Share latest available research and best practices with regard to community fire preparedness and mitigation efforts.

(4) Seek and provide comments and specific input on proposed programs, policies, guidelines, budget, and technical issues, and inform local agencies and the public of applicable new laws and regulations.

(5) Provide and receive updates and feedback regarding the programs operated by the Office of the State Fire Marshal pursuant to this article.

(c) Members of the committee shall be all of the following:

(1) The director of the department, or their designee.

(2) The director of the Department of Conservation, or their designee.

(3) The Director of the Office of Energy Infrastructure Safety, or their designee.

(4) The chair of the State Board of Forestry and Fire Protection, or their designee.

(5) The State Fire Marshal, or their designee.

(6) The Director of Emergency Services, or their designee.

(7) The Insurance Commissioner, or their designee.

(8) The Director of State Planning and Research, or their designee.

(9) A representative from the California Fire Safe Council.

(10) A representative from the insurance industry or an insurance research organization.

(11) A local fire service representative.

(12) A representative from the building industry.

(13) A representative from the University of California Cooperative Extension.

(14) A representative from the California Fire Science Consortium.

(15) Any other appropriate stakeholders, including representatives from local governmental agencies, as decided by the State Fire Marshal.

(d) The committee shall meet monthly.

(e) The members of the committee shall serve without compensation, but each member shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.

(f) The chairperson of the committee shall be the State Fire Marshal.


text:
(a) The Office of the State Fire Marshal shall establish the Community Wildfire Mitigation Assistance Program to coordinate regional and local efforts with state policies, strategies, and programs for community wildfire mitigation in order to improve wildfire preparedness and prevention, with an emphasis on the most vulnerable communities.

(b) The program shall do all of the following:

(1) Provide technical assistance to local jurisdictions with community wildfire preparedness and prevention services and identify funding opportunities and best practices, including, but not necessarily limited to, defensible space, structure hardening, fuel reduction around communities, wildland building code standards, and land use planning.

(2) Identify both of the following:

(A) Programs administered by state, regional, and local agencies to address and minimize the risks of wildfire and coordinate the implementation of those programs.

(B) Public and private programs that may be leveraged to facilitate defensible space, home hardening, and community fuel reduction to minimize the impacts of wildfire to habitable structures.

(3) Conduct outreach efforts to regional and local wildfire mitigation groups, including assessing compliance, educating and informing regional and local agencies, stakeholders, and the public of applicable new laws and regulations.

(4) Provide technical consultation with the development of city and county safety elements.

(5) Develop guidance and decision-support tools useful for data visualization, planning, and analysis.

(6) Establish a statewide clearinghouse for use by state, regional, and local entities to provide a centralized source of data, information, research articles, studies, white papers, reports, best practices, model ordinances, demonstration projects, tools, and other resources related to community wildfire preparedness, mitigation, and risk reduction.


citation: PRC § 4210

text:
The Legislature finds and declares all of the following:

(a) Fire protection of the public trust resources on lands in the state responsibility areas remains a vital interest to California. Lands that are covered in whole or in part by a diverse plant community prevent excessive erosion, retard runoff, reduce sedimentation, and accelerate water percolation to assist in the maintenance of critical sources of water for environmental, irrigation, domestic, or industrial uses.

(b) The presence of structures within state responsibility areas can pose an increased risk of fire ignition and an increased potential for fire damage within the state’s wildlands and watersheds. The presence of structures within state responsibility areas can also impair wild land firefighting techniques and could result in greater damage to state lands caused by wildfires.

(c) The costs of fire prevention activities aimed at reducing the effects of structures in state responsibility areas should be borne by the owners of these structures.

(d) Individual owners of structures within state responsibility areas receive a disproportionately larger benefit from fire prevention activities than that realized by the state’s citizens generally.

(e) It is the intent of the Legislature that the economic burden of fire prevention activities that are associated with structures in state responsibility areas shall be equitably distributed among the citizens of the state who generally benefit from those activities and those owners of structures in the state responsibility areas who receive a specific benefit other than that general benefit.

(f) It is necessary to impose a fire prevention fee to pay for fire prevention activities in the state responsibility areas that specifically benefit owners of structures in the state responsibility areas.

history: (History: Added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. (AB 29 1x) Effective July 8, 2011. Repealed as of January 1, 2031, pursuant to Section 4229.)

article: 1. General Provisions

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 1.5. State Responsibility Area Fire Prevention Fees > 1. General Provisions


citation: PRC § 4211

text:
For the purposes of this chapter, the following terms shall have the following meanings:

(a) “Habitable Structure” means a building that contains one or more dwelling units or that can be occupied for residential use. Buildings occupied for residential use include single family homes, multidwelling structures, mobile and manufactured homes, and condominiums. Habitable structures do not include commercial, industrial, or incidental buildings such as detached garages, barns, outdoor sanitation facilities, and sheds.

(b) “State responsibility area” means state responsibility area as defined in Section 4102.

(c) “Person” means an individual, trust, joint stock company, business concern, or corporation, including, but not limited to, a government corporation, partnership, limited liability company, or association. “Person” also includes any city, county, city and county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the United States and its agencies and instrumentalities to the extent permitted by law.

(d) “Owner of a habitable structure” means the person that is the owner of record of a habitable structure in the county tax assessor rolls or as recorded in the records of the Department of Housing and Community Development on July 1 of the state fiscal year for which the fee is due.

history: (History: Amended by Stats. 2014, Ch. 895, Sec. 1. (AB 2048) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 4229.)

chapter: 1.5. State Responsibility Area Fire Prevention Fees

article: 1. General Provisions


citation: PRC § 4212

text:
(a) (1) By September 1, 2011, the board shall adopt emergency regulations to establish a fire prevention fee for the purposes of this chapter in an amount not to exceed one hundred fifty dollars ($150) to be charged on each habitable structure on a parcel that is within a state responsibility area.

(2) The Legislature finds and declares that a fire prevention fee of not more than one hundred fifty dollars ($150) is a reasonable amount for the necessary fire prevention activities of the state that benefit the owner of a habitable structure within a state responsibility area.

(b) On July 1, 2013, and annually thereafter, the board may adjust the fire prevention fees imposed pursuant to this chapter to reflect the percentage of change in the average annual value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as calculated by the United States Department of Commerce for the 12-month period in the third quarter of the prior calendar year, as reported by the Department of Finance.

(c) Emergency regulations adopted pursuant to subdivision (a) shall be adopted in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare.

history: (History: Amended by Stats. 2014, Ch. 895, Sec. 2. (AB 2048) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 4229.)

article: 1. General Provisions


citation: PRC § 4213

text:
(a) (1) Commencing with the 2011–12 fiscal year, the fire prevention fee imposed pursuant to Section 4212 shall be collected annually by the State Board of Equalization in accordance with the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code).

(2) Notwithstanding the appeal provisions in the Fee Collection Procedures Law, a determination by the department that a person is required to pay a fire prevention fee, or a determination by the department regarding the amount of that fee, is subject to review under Article 2 (commencing with Section 4220) and is not subject to a petition for redetermination by the State Board of Equalization.

(3) (A) Notwithstanding the refund provisions in the Fee Collection Procedures Law, the State Board of Equalization shall not accept any claim for refund that is based on the assertion that a determination by the department improperly or erroneously calculated the amount of the fire prevention fee, or incorrectly determined that the person is subject to that fee, unless that determination has been set aside by the department or a court reviewing the determination of the department.

(B) If it is determined by the department or a reviewing court that a person is entitled to a refund of all or part of the fire prevention fee, the person shall make a claim to the State Board of Equalization pursuant to Chapter 5 (commencing with Section 55221) of Part 30 of Division 2 of the Revenue and Taxation Code.

(b) The annual fire prevention fee shall be due and payable 30 days from the date of assessment by the State Board of Equalization.

(c) On or before each January 1, the department shall annually transmit to the State Board of Equalization the appropriate name and address of each person who is liable for the fire prevention fee and the amount of the fee to be assessed, as authorized by this article, and at the same time the department shall provide to the State Board of Equalization a contact telephone number for the board to be printed on the bill to respond to questions about the fee.

(d) Commencing with the 2012–13 fiscal year, if in any given fiscal year there are sufficient amounts of money in the State Responsibility Area Fire Prevention Fund created pursuant to Section 4214 to finance the costs of the programs under subdivision (d) of Section 4214 for that fiscal year, the fee may not be collected that fiscal year.

history: (History: Amended by Stats. 2014, Ch. 895, Sec. 3. (AB 2048) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 4229.)

article: 1. General Provisions


text:
(a) (1) The fire prevention fee imposed pursuant to Section 4212 shall be levied upon the owner of a habitable structure identified by the department as located within the state responsibility area, if that person owns the habitable structure on July 1 of the year for which the fee is due.

(2) The department shall notify an owner, upon whom a fire prevention fee is imposed pursuant to Section 4212, through the fee billing process that if the owner sells the habitable structure or structures, the apportionment of the fire prevention fee may be negotiated as one of the terms of the sale. However, payment of the total fire prevention fee liability remains the responsibility of the person who owns the habitable structure on July 1 of the year for which the fee is due.

(b) The board may exempt from the fire prevention fee any habitable structure that is subsequently deemed uninhabitable as a result of a natural disaster during the year for which the fee is due, as well as one subsequent year if the habitable structure has not been repaired or rebuilt. The board shall consider granting an exemption only if both of the following conditions are met:

(1) The owner of the habitable structure certifies that the structure is not habitable as a result of a natural disaster.

(2) The owner of the habitable structure either documents that the habitable structure passed a defensible space inspection conducted by the department or by one of its agents within one year of the date the structure was damaged or destroyed or certifies that clearance as required under Section 4291 was in place at the time that the structure was damaged or destroyed as a result of a natural disaster.

(c) The board shall prepare forms for purposes of the certification requirements in subdivision (b).

history: (History: Amended by Stats. 2015, Ch. 104, Sec. 1. (AB 301) Effective January 1, 2016. Repealed as of January 1, 2031, pursuant to Section 4229.)

article: 1. General Provisions


text: If an owner of a property with one or more habitable structures subject to the fire prevention fee imposed pursuant to Section 4212 sells the property, the apportionment of the fire prevention fee may be negotiated as one of the terms of the sale. However, payment of the total fire prevention fee liability remains the responsibility of the person who owns the habitable structure on July 1 of the year for which the fee is due.

history: (History: Added by Stats. 2015, Ch. 104, Sec. 2. (AB 301) Effective January 1, 2016. Repealed as of January 1, 2031, pursuant to Section 4229.)

article: 1. General Provisions


text:
(a) Commencing with the 2017–18 fiscal year, the fire prevention fee imposed pursuant to Section 4212 shall be suspended, effective July 1, 2017. Any moneys held in reserve in the State Responsibility Area Fire Prevention Fund shall be appropriated by the Legislature in a manner consistent with subdivision (d) of Section 4214.

(b) It is the intent of the Legislature that moneys derived from the auction or sale of allowances pursuant to a market-based compliance mechanism established pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code shall be used to replace the moneys that would have otherwise been collected under Section 4212 to continue fire prevention activities.

(c) The amount appropriated in the annual Budget Act pursuant to subdivision (b) shall not be included in determining the amount of annual proceeds of the fund for purposes of the calculations in Section 39719 of the Health and Safety Code.

(d) This section shall become inoperative on January 1, 2031.

history: (History: Amended by Stats. 2018, Ch. 626, Sec. 8. (SB 901) Effective January 1, 2019. Inoperative January 1, 2031, by its own provisions. Repealed as of January 1, 2031, pursuant to Section 4229.)

article: 1. General Provisions


citation: PRC § 4214

text:
(a) Fire prevention fees collected pursuant to this chapter shall be expended, upon appropriation by the Legislature, as follows:

(1) The State Board of Equalization shall retain moneys necessary for the payment of refunds pursuant to Section 4228 and reimbursement of the State Board of Equalization for expenses incurred in the collection of the fee.

(2) The moneys collected, other than those retained by the State Board of Equalization pursuant to paragraph (1), shall be deposited into the State Responsibility Area Fire Prevention Fund, which is hereby created in the State Treasury, and shall be available to the board and the department to expend for fire prevention activities specified in subdivision (d) that benefit the owners of habitable structures within a state responsibility area who are required to pay the fire prevention fee. The amount expended to benefit the owners of habitable structures within a state responsibility area shall be commensurate with the amount collected from the owners within that state responsibility area. All moneys in excess of the costs of administration of the board and the department shall be expended only for fire prevention activities in counties with state responsibility areas.

(b) (1) The fund may also be used to cover the costs of administering this chapter.

(2) The fund shall cover all startup costs incurred over a period not to exceed two years.

(c) It is the intent of the Legislature that the moneys in this fund be fully appropriated to the board and the department each year in order to effectuate the purposes of this chapter.

(d) Moneys in the fund shall be used only for the following fire prevention activities, which shall benefit owners of habitable structures within the state responsibility areas who are required to pay the annual fire prevention fee pursuant to this chapter:

(1) Local assistance grants pursuant to subdivision (e).

(2) Grants to Fire Safe Councils, the California Conservation Corps, or certified local conservation corps for fire prevention projects and activities in the state responsibility areas.

(3) Grants to a qualified nonprofit organization with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project applicable to the state responsibility areas. The department may establish other qualifying criteria.

(4) Inspections by the department for compliance with defensible space requirements around habitable structures in state responsibility areas as required by Section 4291.

(5) Public education to reduce fire risk in the state responsibility areas.

(6) Fire severity and fire hazard mapping by the department in the state responsibility areas.

(7) Other fire prevention projects in the state responsibility areas, authorized by the board.

(e) (1) The board shall establish a local assistance grant program for fire prevention activities designed to benefit habitable structures within state responsibility areas, including public education, that are provided by counties and other local agencies, including special districts, with state responsibility areas within their jurisdictions.

(2) In order to ensure an equitable distribution of funds, the amount of each grant shall be based on the number of habitable structures in state responsibility areas for which the applicant is legally responsible and the amount of moneys made available in the annual Budget Act for this local assistance grant program.

(f) By January 31, 2015, and annually thereafter, the board shall submit to the Legislature a written report on the status and uses of the fund pursuant to this chapter. The written report shall also include an evaluation of the benefits received by counties based on the number of habitable structures in state responsibility areas within their jurisdictions, the effectiveness of the board’s grant programs, the number of defensible space inspections in the reporting period, the degree of compliance with defensible space requirements, measures to increase compliance, if any, and any recommendations to the Legislature.

(g) (1) The requirement for submitting a report imposed under subdivision (f) is inoperative on January 31, 2017, pursuant to Section 10231.5 of the Government Code.

(2) A report to be submitted pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code.

(h) It is essential that this article be implemented without delay. To permit timely implementation, the department may contract for services related to the establishment of the fire prevention fee collection process. For this purpose only, and for a period not to exceed 24 months, the provisions of the Public Contract Code or any other provision of law related to public contracting shall not apply.

history: (History: Amended by Stats. 2014, Ch. 895, Sec. 5. (AB 2048) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 4229.)

article: 1. General Provisions


citation: PRC § 4220

text: A person from whom the fire prevention fee is determined to be due under this chapter may petition for a redetermination of whether this chapter applies to that person within 30 days after service upon him or her of a notice of the determination. If a petition for redetermination is not filed within the 30-day period, the amount determined to be due becomes final at the expiration of the 30-day period.

article: 2. Appeals Process

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 1.5. State Responsibility Area Fire Prevention Fees > 2. Appeals Process


text: If a petition for redetermination is filed after the expiration of the time period specified in Section 4220, the untimely petition may be treated as an administrative protest or claim for refund if the department determines that the facts presented indicate that the fire prevention fee originally determined may have been excessive or that the amount or the application of the fee may have been the result of an error by the department, its agent, or the State Board of Equalization. Petitions filed pursuant to this section shall generally be reviewed in the same manner as a timely petition for redetermination.

history: (History: Added by Stats. 2014, Ch. 895, Sec. 6. (AB 2048) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 4229.)

article: 2. Appeals Process


citation: PRC § 4221

text: A petition for redetermination of the application of this chapter shall be in writing and be sent to the department or its designee. The petition shall state the specific grounds upon which the petition is founded and include supporting documentation. The petition may be amended to state additional grounds or provide additional documentation at any time prior to the date that the department issues its order or decision with regard to the petition for redetermination.

history: (History: Amended by Stats. 2014, Ch. 895, Sec. 7. (AB 2048) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 4229.)

article: 2. Appeals Process


citation: PRC § 4222

text: If a petition for redetermination of the application of this chapter is filed within the 30-day period, the department shall reconsider whether the fee is due and make a determination in writing. The department may eliminate the fee based on a determination that this chapter does not apply to the person who filed the petition.

article: 2. Appeals Process


text: If a timely petition for redetermination has been filed pursuant to Section 4220, all legal action to collect the fire prevention fee shall be stayed pending the final determination of the department pursuant to Section 4224.

article: 2. Appeals Process


citation: PRC § 4223

text: Notice of the determination of the department pursuant to Section 4222 shall be served, on the same date, to the board, the State Board of Equalization, and the person who filed the petition.

article: 2. Appeals Process


citation: PRC § 4224

text: The order or decision of the department upon a petition for redetermination of the fire prevention fee shall become final 30 days after service upon the petitioner of notice of the determination.

article: 2. Appeals Process


citation: PRC § 4225

text:
(a) (1) The fire prevention fee determined to be due by the department pursuant to this article is due and payable at the time it becomes final, and if it is not paid when due and payable, notwithstanding the penalty imposed pursuant to Section 55042 of the Revenue and Taxation Code, a penalty of 20 percent of the fee determined to be due shall be added to the amount due and payable for each 30-day period in which the fee remains unpaid.

(2) On and after January 1, 2015, the penalty imposed pursuant to paragraph (1) shall not be imposed or added to any fee that remains unpaid or any fee that is not paid when due and payable.

(b) On and after January 1, 2015, the fire prevention fee determined to be due by the department pursuant to this article is due and payable at the time it becomes final, and if it is not paid when due and payable, the penalty imposed pursuant to Section 55086 of the Revenue and Taxation Code shall be applied.

history: (History: Amended by Stats. 2014, Ch. 895, Sec. 8. (AB 2048) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 4229.)

article: 2. Appeals Process


citation: PRC § 4226

text:
Written notice required by this article shall be served as follows:

(a) The notice shall be placed in a sealed envelope, with postage paid, addressed to the petitioner at his or her address as it appears in the records of the department. The giving of notice shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, subpost office, substation, mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.

(b) In lieu of mailing, a notice may be served personally by delivering it to the person to be served and service shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.

article: 2. Appeals Process


citation: PRC § 4227

text: A dispute regarding the fire prevention fee imposed by this chapter shall be resolved pursuant to this article only.

article: 2. Appeals Process


citation: PRC § 4228

text: If the department determines that a person is entitled to a refund of all or part of the fire prevention fee paid pursuant to this chapter, the person shall make a claim to the State Board of Equalization pursuant to Chapter 5 (commencing with Section 55221) of Part 30 of Division 2 of the Revenue and Taxation Code.

article: 2. Appeals Process


citation: PRC § 4229

text: This chapter shall remain in effect only until January 1, 2031, and as of that date is repealed, unless a later enacted statute that is enacted on or before January 1, 2031, deletes or extends that date.

history: (History: Added by Stats. 2017, Ch. 135, Sec. 15. (AB 398) Effective July 25, 2017. Repealed as of January 1, 2031, by its own provisions. Note: Repeal affects Chapter 1.5, commencing with Section 4210.)

article: 3. Repeal

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 1.5. State Responsibility Area Fire Prevention Fees > 3. Repeal


citation: PRC § 4251

text:
As used in this chapter:

“Hazardous fire area” means any area which is designated as a hazardous fire area by the board or the director pursuant to Section 4252 or 4253.

history: (History: Amended by Stats. 1976, Ch. 1300.)

chapter: 2. Hazardous Fire Areas

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 2. Hazardous Fire Areas


citation: PRC § 4252

text: Upon the written petition of the owners or authorized agents of more than 50 percent of the land, including public land, within the exterior boundaries of any area of not less than 10,000 acres in size, upon which a fire hazard exists due to the presence of flammable material or cover, the board may designate such area as a hazardous fire area, and shall declare the period of time during which the area shall be so designated.

history: (History: Added by Stats. 1965, Ch. 1144.)


citation: PRC § 4253

text: When the director determines that a fire hazard exists in any other area due to the presence of flammable material or cover, the director may by regulation designate the area to be a hazardous fire area. The regulation shall declare the period of time during which the area shall be designated.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 65. (SB 272) Effective July 23, 2021.)


citation: PRC § 4254

text: Notice of the designation of each hazardous fire area designated pursuant to Section 4252 shall be given by the posting of notices at intervals of not greater than one mile along the exterior boundaries of the area or along roads and trails passing through the area.

history: (History: Amended by Stats. 1981, Ch. 1073, Sec. 1.)


citation: PRC § 4255

text:
(a) Except as provided in this section, a person shall not smoke or build a campfire or other open fire within a hazardous fire area.

(b) The board may designate by regulation campgrounds or campsites within hazardous fire areas where smoking and the building of campfires are allowed. However, no campground or campsite shall be designated without the consent of the owner, or the owner’s authorized agent, of the land upon which it is located.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 66. (SB 272) Effective July 23, 2021.)


citation: PRC § 4256

text: When it is necessary in the interest of public peace or safety, the director, with the consent of the owner of any lands designated as a hazardous fire area, may declare those lands closed to entry by any person. Any public highway traversing the hazardous fire area, shall, however, be excluded from the order of closure, and the closure to entry does not prohibit or curtail the entry or use of the lands by the owner of the lands or the owner’s agent, nor the entry by a federal, state or county officer upon the closed area in the performance of their official duties. All state and county law enforcement officers shall enforce the order of closure.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 67. (SB 272) Effective July 23, 2021.)


citation: PRC § 4257

text: Any order which is issued pursuant to Section 4256 shall be published twice in at least one newspaper of general circulation in any county that is affected by the order. The publication shall be separated by a period of not less than one week and not more than two weeks. The order shall also be posted in such public places in each county as the director may direct, and along roads and trails which pass through the areas declared to be closed to camping or entry.


citation: PRC § 4258

text:
Whenever the director determines that a fire hazard exists in any area within a state responsibility area due to the presence of flammable material or cover, the director, by regulation, may designate that area as a hazardous fire area for the purpose of prohibiting the use or possession of fireworks therein. The hazardous fire area shall include only those areas that are critical and hazardous due to the threat of wildfire to life, property, and natural resources posed by the fireworks. The hazardous fire area shall not include areas that are the responsibility of a county which is contracting for fire protection to the director.

The regulation may designate areas where specified types of fireworks, not otherwise prohibited, are allowed for industrial, commercial, or agricultural use, for ceremonies, or for emergency signaling.

history: (History: Added by Stats. 1981, Ch. 1073, Sec. 3.)


citation: PRC § 4259

text:
(a) The use or possession of fireworks is prohibited within any hazardous fire area designated pursuant to Section 4252 or 4258. However, the use of fireworks within any hazardous fire area may be allowed, if the use is determined by the director not to present a fire hazard.

(b) Notwithstanding subdivision (a), fireworks may be possessed in a vehicle on any public highway traversing a hazardous fire area when not otherwise prohibited.

history: (History: Added by Stats. 1981, Ch. 1073, Sec. 4.)


citation: PRC § 4260

text: No regulation adopted pursuant to this article shall prohibit or curtail the complete possession and use of any area by the owner of the area or the owner’s agent, except that the use or possession of fireworks shall not be allowed in a hazardous fire area designated pursuant to Section 4258, other than as designated for their use or possession pursuant to that section.

history: (History: Added by Stats. 1981, Ch. 1073, Sec. 4.5.)


citation: PRC § 4290

text:
(a) The board shall adopt regulations implementing minimum fire safety standards related to defensible space that are applicable to state responsibility area lands under the authority of the department, and to lands classified and designated as very high fire hazard severity zones, as defined in subdivision (i) of Section 51177 of the Government Code. 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, and within lands classified and designated as very high fire hazard severity zones, as defined in subdivision (i) of Section 51177 of the Government Code after July 1, 2021. 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) The board shall, on and after July 1, 2021, periodically update regulations for fuel breaks and greenbelts near communities to provide greater fire safety for the perimeters to all residential, commercial, and industrial building construction within state responsibility areas and lands classified and designated as very high fire hazard severity zones, as defined in subdivision (i) of Section 51177 of the Government Code, after July 1, 2021. These regulations shall include measures to preserve undeveloped ridgelines to reduce fire risk and improve fire protection. The board shall, by regulation, define “ridgeline” for purposes of this subdivision.

(c) These regulations do not supersede local regulations which equal or exceed minimum regulations adopted by the state.

(d) The board may enter into contracts with technical experts to meet the requirements of this section.

history: (History: Amended by Stats. 2018, Ch. 626, Sec. 9. (SB 901) Effective January 1, 2019.)


text:
(a) On or before July 1, 2022, the board shall develop criteria for and maintain a “Fire Risk Reduction Community” list of local agencies located in a state responsibility area or a very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code, that meet best practices for local fire planning.

(b) The board shall consider all of the following when developing the criteria for the list required under subdivision (a):

(1) Compliance with the board’s regulations, including minimum fire safety standards.

(2) Participation in the National Fire Protection Association’s “Firewise USA” or the National Wildfire Coordinating Group’s “Fire Adapted Communities” programs.

(3) Adoption of the board’s recommendations to improve the safety element pursuant to subdivision (b) of Section 65302.5 of the Government Code.

(4) Recently developed or updated community wildfire protection plans.

(c) The board shall post the “Fire Risk Reduction Community” list on its internet website.

history: (History: Amended by Stats. 2019, Ch. 399, Sec. 3. (AB 1823) Effective January 1, 2020.)


text:
(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.

(b) (1) The board, in consultation with the State Fire Marshal and the local government that identified the subdivision, shall develop recommendations to improve the subdivision’s fire safety. The recommendations may include, but are not limited to, the following:

(A) Creating secondary access to the subdivision.

(B) Improvements to the existing access road.

(C) Other additional fire safety measures.

(2) The board shall provide the final recommendations developed pursuant to this subdivision to the local government that identified the subdivision and to the residents of the subdivision.

(c) The board may enter into contracts with an independent group to conduct the survey required in subdivision (a).

(d) For purposes of this section, “subdivision” means an existing residential development of more than 30 dwelling units.

(e) The board shall maintain a list of the subdivisions identified in subdivision (a) and the status of the implementation of the recommendations provided pursuant to subdivision (b).

history: (History: Amended by Stats. 2019, Ch. 497, Sec. 217. (AB 991) Effective January 1, 2020.)


citation: PRC § 4291

text:
(a) A person who owns, leases, controls, operates, or maintains a building or structure in the state responsibility area shall at all times do all of the following:

(1) (A) Maintain defensible space of 100 feet from each side and from the front and rear of the structure, but not beyond the property line, except as provided in subparagraph (B). The amount of fuel modification necessary shall consider the flammability of the structure as affected by building material, building standards, location, and type of vegetation. Fuels shall be maintained and spaced in a condition so that a wildfire would be unlikely to ignite the structure. This subparagraph does not apply to single specimens of trees or other vegetation that are well-pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to a structure or from a structure to other nearby vegetation or to interrupt the advance of embers toward a structure. The intensity of fuels management may vary within the 100-foot perimeter of the structure, with more intense fuel reductions being utilized between 5 and 30 feet around the structure, and an ember-resistant zone being required within 5 feet of the structure, based on regulations promulgated by the board, in consultation with the department, to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers. The regulations may also alter the fuel reduction required between 5 and 30 feet to integrate the ember-resistant zone into the requirements of this section. Consistent with fuels management objectives, steps should be taken to minimize erosion, soil disturbance, and the spread of flammable nonnative grasses and weeds. For purposes of this subparagraph, “fuel” means any combustible material, including petroleum-based products, cultivated landscape plants, grasses, and weeds, and wildland vegetation.

(B) A greater distance than that required under subparagraph (A) may be required by state law, local ordinance, rule, or regulation. Fuel modification beyond the property line may only be required by state law, local ordinance, rule, or regulation in order to maintain 100 feet of defensible space from a structure. Fuel modification on adjacent property shall only be conducted following written consent by the adjacent landowner. Any local ordinance related to fuel modification shall be in compliance with all applicable state laws, regulations, and policies. Any local ordinance may include provisions to allocate costs for any fuel modification beyond the property line.

(C) An insurance company that insures an occupied dwelling or occupied structure may require a greater distance than that required under subparagraph (A) if a fire expert, designated by the director, provides findings that the fuel modification is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite the structure, and there is no other feasible mitigation measure possible to reduce the risk of ignition or spread of wildfire to the structure. The greater distance may not be beyond the property line unless allowed by state law, local ordinance, rule, or regulation.

(2) Remove that portion of a tree that extends within 10 feet of the outlet of a chimney or stovepipe.

(3) Maintain a tree, shrub, or other plant adjacent to or overhanging a building free of dead or dying wood.

(4) Maintain the roof of a structure free of leaves, needles, or other vegetative materials.

(5) Before constructing a new building or structure or rebuilding a building or structure damaged by a fire in an area subject to this section, the construction or rebuilding of which requires a building permit, the owner shall obtain a certification from the local building official that the dwelling or structure, as proposed to be built, complies with all applicable state and local building standards, including those described in subdivision (b) of Section 51189 of the Government Code, and shall provide a copy of the certification, upon request, to the insurer providing course of construction insurance coverage for the building or structure. Upon completion of the construction or rebuilding, the owner shall obtain from the local building official a copy of the final inspection report that demonstrates that the dwelling or structure was constructed in compliance with all applicable state and local building standards, including those described in subdivision (b) of Section 51189 of the Government Code, and shall provide a copy of the report, upon request, to the property insurance carrier that insures the dwelling or structure.

(b) A person is not required under this section to manage fuels on land if that person does not have the legal right to manage fuels, nor is a person required to enter upon or to alter property that is owned by any other person without the consent of the owner of the property.

(c) (1) Except as provided in Section 18930 of the Health and Safety Code, the State Fire Marshal may adopt regulations exempting a structure with an exterior constructed entirely of nonflammable materials, or, conditioned upon the contents and composition of the structure, the director may vary the requirements respecting the removing or clearing away of flammable vegetation or other combustible growth with respect to the area surrounding those structures.

(2) An exemption or variance under paragraph (1) shall not apply unless and until the occupant of the structure, or if there is not an occupant, the owner of the structure, files with the State Fire Marshal, in a form as the State Fire Marshal shall prescribe, a written consent to the inspection of the interior and contents of the structure to ascertain whether this section and the regulations adopted under this section are complied with at all times.

(d) The State Fire Marshal may authorize the removal of vegetation that is not consistent with the standards of this section. The State Fire Marshal may prescribe a procedure for the removal of that vegetation and make the expense a lien upon the building, structure, or grounds, in the same manner that is applicable to a legislative body under Section 51186 of the Government Code.

(e) (1) The board, in consultation with the State Fire Marshal, shall develop, periodically update, and post on its internet website a guidance document on fuels management pursuant to this chapter. The guidance document shall include, but not be limited to, regionally appropriate vegetation management suggestions that preserve and restore native species that are fire resistant or drought tolerant, or both, minimize erosion, minimize water consumption, and permit trees near homes for shade, aesthetics, and habitat; and suggestions to minimize or eliminate the risk of flammability of nonvegetative sources of combustion, such as woodpiles, propane tanks, decks, outdoor furniture, barbecue equipment, and outdoor fire pits.

(2) No later than one year after the board adopts regulations in compliance with the deadline in Executive Order No. N-18-25, the board shall, in consultation with the State Fire Marshal, update the guidance document to reflect the new regulations. Existing and new structures shall meet the same standard for the ember-resistant zone, but regulations adopted by the board pursuant to this section shall allow the staging of work for existing structures to support implementation of the ember-resistant zone and address the costs of compliance.

(f) The State Fire Marshal shall do both of the following:

(1) Recommend to the board the types of vegetation or fuel that are to be excluded from an ember-resistant zone based on the probability that vegetation and fuel will lead to ignition by ember of a structure as a part of the update to the guidance document pursuant to paragraph (2) of subdivision (e).

(2) Make reasonable efforts to provide notice to affected residents describing the requirements added by the amendments to paragraph (1) of subdivision (a) made in Assembly Bill 3074 of the 2019–20 Regular Session before the imposition of penalties for violating those requirements.

(g) (1) The requirement for an ember-resistant zone pursuant to paragraph (1) of subdivision (a) shall not take effect for new structures until the board updates the regulations, pursuant to paragraph (1) of subdivision (a), and the guidance document, pursuant to paragraph (2) of subdivision (e).

(2) The requirement for an ember-resistant zone pursuant to paragraph (1) of subdivision (a) shall take effect for existing structures three years after the effective date for the new structures.

(h) The department shall not change defensible space inspection practices and forms or enforcement to implement the requirement for an ember-resistant zone until the State Fire Marshal makes a written finding, which the State Fire Marshal shall post on the department’s internet website, that the Legislature has appropriated sufficient resources to do so.

(i) For purposes of this section, a structure for the purpose of an ember-resistant zone shall include any attached deck. This section does not limit the authority of the board or the department to require the removal of fuel or vegetation on top of or underneath a deck pursuant to this section.

(j) As used in this section, “person” means a private individual, organization, partnership, limited liability company, or corporation.

history: (History: Amended by Stats. 2025, Ch. 731, Sec. 3. (AB 1455) Effective October 13, 2025.)

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 3. Mountainous, Forest-, Brush- and Grass-Covered Lands


text:
(a) Notwithstanding Section 4021, a violation of Section 4291 is an infraction punishable by a fine of not less than one hundred dollars ($100), nor more than five hundred dollars ($500). If a person is convicted of a second violation of Section 4291 within five years, that person shall be punished by a fine of not less than two hundred fifty dollars ($250), nor more than five hundred dollars ($500). If a person is convicted of a third violation of Section 4291 within five years, that person is guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500). If a person is convicted of a third violation of Section 4291 within five years, the department may perform or contract for the performance of work necessary to comply with Section 4291 and may bill the person convicted for the costs incurred, in which case the person convicted, upon payment of those costs, shall not be required to pay the fine. If a person convicted of a violation of Section 4291 is granted probation, the court shall impose as a term or condition of probation, in addition to any other term or condition of probation, that the person pay at least the minimum fine prescribed in this section.

(b) If a person convicted of a violation of Section 4291 produces in court verification prior to imposition of a fine by the court, that the condition resulting in the citation no longer exists, the court may reduce the fine imposed for the violation of Section 4291 to fifty dollars ($50).

history: (History: Amended by Stats. 1990, Ch. 773, Sec. 1.)

chapter: 3. Mountainous, Forest-, Brush- and Grass-Covered Lands


text:
(a) Subject to any other applicable law, a state or local fire official, at their discretion, may authorize an owner of property, or the owner’s 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.

(b) The director may authorize an owner of a property not listed in subdivision (a) to construct a firebreak, or implement appropriate vegetation management techniques, within a radius of up to 300 feet from a structure, or to the property line, whichever distance is shorter, if it is determined by the director as necessary to protect life, property, and natural resources from unreasonable risks associated with wildland fires.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 68. (SB 272) Effective July 23, 2021.)


text:
(a) For purposes of this section, the following definitions apply:

(1) “Home hardening” means the replacement or repair of structural features that are affixed to the property with features that are in compliance with Chapter 7A (commencing with Section 701A.1) of Title 24 of the California Code of Regulations.

(2) “Property owner” means a person described in subdivision (a) of Section 4291 of this code or subdivision (a) of Section 51182 of the Government Code.

(3) “Qualified entities” means the following entities that have completed the program developed, and received a certification, pursuant to Section 4291.6:

(A) Counties, state conservancies, special districts, and other political subdivisions of the state.

(B) Members of the California Conservation Corps, the Board of Commissioners under CaliforniaVolunteers described in Section 8411 of the Government Code, local conservation corps, resource conservation districts, fire safe councils, Firewise USA organizations, and nonprofit entities focused on wildfire resiliency.

(C) University of California fire advisors.

(D) Registered Professional Foresters.

(E) Other entities or individuals deemed appropriate by the director.

(4) “Wildfire safety improvements” means wildfire resilience and fire safety improvements, including measures for home hardening, the creation of defensible space, and other appropriate fuel reduction activities, to residential, commercial, industrial, agricultural, or other real property identified by the State Fire Marshal, in consultation with the director.

(b) The director shall establish a statewide program to allow qualified entities to support and augment the department in its defensible space and home hardening assessment and education efforts. Qualified entities participating in the program shall be authorized by the director to conduct defensible space assessments to assess compliance with Section 4291 within the state responsibility area, to assess compliance with Section 51182 of the Government Code within local responsibility areas, educate property owners about wildfire safety improvements that may be undertaken to harden a structure and make it more resistant to fire, and assess whether wildfire safety improvements have been completed in or on a structure.

(c) (1) The director shall establish a common reporting platform that allows defensible space and home hardening assessment data, collected by the qualified entities, to be reported to the department and shall establish any necessary quality control measure to ensure that the assessment data is accurate and reliable. Data obtained voluntarily from a property owner for reasons other than responding to a request related to compliance with Section 4291 of this code or Section 51182 of the Government Code shall be anonymized and kept confidential if requested by the property owner, and shall not be used for compliance or enforcement purposes associated with ordinances that directly relate to defensible space and home hardening inspections unless specifically requested by the property owner.

(2) The department shall compile the data submitted pursuant to paragraph (1).

(d) The director may use the defensible space and home hardening assessment data that is gathered in response to requests related to compliance with Section 4291 of this code or Section 51182 of the Government Code, and other data voluntarily provided by a property owner if authorized by the property owner, to do any of the following:

(1) Direct inspection and enforcement resources away from landowners who meet or exceed the department’s standards and regulations for maintaining defensible space.

(2) Direct inspection and enforcement resources toward landowners who do not meet the department’s standards and regulations for maintaining defensible space.

(3) Direct educational resources toward landowners who own or maintain structures that can be hardened to make them more resistant to fire.

(4) Assist in estimating defensible space compliance in the state responsibility area.

(e) The department may expand or amend existing programs for the implementation of this section.

(f) This section does not grant any right of entry onto private land or regulatory or enforcement authority to participating qualified entities.

(g) Any local governmental entity that is qualified to conduct defensible space assessments pursuant to this section in very high and high fire hazard severity zones, as identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201) of this chapter or by a local agency pursuant to Section 51179 of the Government Code, and reports that information to the department, shall report that information using the common reporting platform established pursuant to subdivision (c).

(h) (1) On December 31, 2023, and annually thereafter, the department shall report to the Legislature all defensible space data collected pursuant to paragraph (2) of subdivision (c). The report may include information on the proportion of unique parcels that were inspected, the degree of compliance with requirements set forth in Section 4291 of this code and Section 51182 of the Government Code, any enforcement actions that may have been taken for noncompliant parcels, and the proportion of parcels that were found to be in compliance across jurisdictions. At minimum, the report shall include data with sufficient detail to facilitate comparisons of community compliance with the requirements of Section 4291 of this code and Section 51182 of the Government Code between local governmental entities qualified to conduct defensible space assessments pursuant to this section and local governmental entities that are not.

(2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

history: (History: Amended by Stats. 2025, Ch. 767, Sec. 2. (SB 514) Effective January 1, 2026.)


text:
(a) (1) The Legislature finds and declares that the use of trained volunteers to assist homeowners and fire agencies in achieving compliance with defensible space requirements will provide multiple benefits, including all of the following:

(A) Creating a significant public benefit by reducing the risk of the spread of wildfire.

(B) Creating significant savings for fire agencies by increasing general compliance with defensible space requirements, and thereby reducing the volume of inspections required by public agencies.

(C) Allowing fire agencies to focus their defensible space regulatory enforcement on landowners who are not in compliance after suggestions for voluntary compliance from trained volunteers.

(2) It is further the intent of the Legislature that the department do both of the following:

(A) Establish a pilot program using trained volunteers with any costs for the pilot project coming from the existing funds made available to the department from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code.

(B) Consider using the services of the California Fire Science Consortium and the Regional Forest and Fire Capacity program at the Natural Resources Agency to implement this section.

(b) The department shall develop and implement a training program to train individuals to support and augment the department in its defensible space and home hardening assessment and public education efforts. The training program shall do both of the following:

(1) Provide for consistent training for third-party assessors who shall function to provide nonregulatory assistance to homeowners to reduce fire risk and to achieve compliance with defensible space requirements.

(2) Ensure that all defensible space and home hardening assessment and education programs undertaken by the department and by third parties are conducted to the same standard and use coordinated messaging, including messages at www.readyforwildfire.org or a successor internet website, as updated by the department.

(c) Upon an individual’s successful completion of the training program, the department shall issue a certification of completion to the individual.

history: (History: Amended by Stats. 2025, Ch. 767, Sec. 3. (SB 514) Effective January 1, 2026.)


citation: PRC § 4292

text: Except as otherwise provided in Section 4296, any person that owns, controls, operates, or maintains any electrical transmission or distribution line upon any mountainous land, or forest-covered land, brush-covered land, or grass-covered land shall, during such times and in such areas as are determined to be necessary by the director or the agency which has primary responsibility for fire protection of such areas, maintain around and adjacent to any pole or tower which supports a switch, fuse, transformer, lightning arrester, line junction, or dead end or corner pole, a firebreak which consists of a clearing of not less than 10 feet in each direction from the outer circumference of such pole or tower. This section does not, however, apply to any line which is used exclusively as telephone, telegraph, telephone or telegraph messenger call, fire or alarm line, or other line which is classed as a communication circuit by the Public Utilities Commission. The director or the agency which has primary fire protection responsibility for the protection of such areas may permit exceptions from the requirements of this section which are based upon the specific circumstances involved.

history: (History: Amended by Stats. 1976, Ch. 1300.)


citation: PRC § 4293

text:
Except as otherwise provided in Sections 4294 to 4296, inclusive, any person that owns, controls, operates, or maintains any electrical transmission or distribution line upon any mountainous land, or in forest-covered land, brush-covered land, or grass-covered land shall, during such times and in such areas as are determined to be necessary by the director or the agency which has primary responsibility for the fire protection of such areas, maintain a clearance of the respective distances which are specified in this section in all directions between all vegetation and all conductors which are carrying electric current:

(a) For any line which is operating at 2,400 or more volts, but less than 72,000 volts, four feet.

(b) For any line which is operating at 72,000 or more volts, but less than 110,000 volts, six feet.

(c) For any line which is operating at 110,000 or more volts, 10 feet.

In every case, such distance shall be sufficiently great to furnish the required clearance at any position of the wire, or conductor when the adjacent air temperature is 120 degrees Fahrenheit, or less. Dead trees, old decadent or rotten trees, trees weakened by decay or disease and trees or portions thereof that are leaning toward the line which may contact the line from the side or may fall on the line shall be felled, cut, or trimmed so as to remove such hazard. The director or the agency which has primary responsibility for the fire protection of such areas may permit exceptions from the requirements of this section which are based upon the specific circumstances involved.


citation: PRC § 4294

text: A clearing to obtain line clearance is not required if self-supporting aerial cable is used. Forked trees, leaning trees, and any other growth which may fall across the line and break it shall, however, be removed.

history: (History: Added by Stats. 1965, Ch. 1144.)


citation: PRC § 4295

text: A person is not required by Section 4292 or 4293 to maintain any clearing on any land if such person does not have the legal right to maintain such clearing, nor do such sections require any person to enter upon or to damage property which is owned by any other person without the consent of the owner of the property.


text:
(a) Notwithstanding any other law, including Section 4295, a person who owns, controls, operates, or maintains an electrical transmission or distribution line may traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune trees to maintain clearances pursuant to Section 4293, and to abate, by pruning or removal, any hazardous, dead, rotten, diseased, or structurally defective live trees. The clearances obtained when the pruning is performed shall be at the full discretion of the person that owns, controls, operates, or maintains any electrical transmission or distribution line, but shall be no less than what is required in Section 4293. This section shall apply to both high fire threat districts, as determined by the California Public Utilities Commission pursuant to its rulemaking authority, and to state responsibility areas.

(b) Subdivision (a) does not exempt a person who owns, controls, operates, or maintains an electrical transmission or distribution line from liability for damages for the removal of vegetation that is not covered by an easement granted to the person for the electrical transmission or distribution line.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 69. (SB 272) Effective July 23, 2021.)


citation: PRC § 4296

text: Sections 4292 and 4293 do not apply if the transmission or distribution line voltage is 750 volts or less.


text:
(a) Any person or corporation operating a railroad on forest, brush, or grass-covered land shall, if ordered by the director or the agency having primary responsibility for fire protection of the area, destroy, remove, or modify so as not to be flammable any vegetation or other flammable material defined by regulation of the director to be a fire hazard on the railroad right-of-way. The director shall adopt regulations establishing fire prevention hazard reduction standards for broad geographic areas by fuel type, slope, and potential for ignition from hot or flaming exhaust, carbon particles, hot metal, burning signal devices, burning tobacco, and other similar potential sources of ignition.

(b) The order to destroy, remove, or modify vegetation or other flammable material shall specify the location of the hazard to be destroyed, removed, or modified within the right-of-way, the width of the hazard which shall not exceed the width of the right-of-way, and the time within which compliance with the order is required.

(c) The director or the agency having primary responsibility for fire protection of the area shall allow a reasonable period of time for compliance with an order to destroy, remove, or modify vegetation or other flammable material.

history: (History: Added by Stats. 1978, Ch. 698.)


citation: PRC § 4297

text:
Upon the showing of the director that the unrestricted use of any grass-covered land, grain-covered land, brush-covered land, or forest-covered land is, in the judgment of the director, a menace to life or property due to conditions tending to cause or allow the rapid spread of fires that may occur on the lands or because of the inaccessible character of the lands, the Governor through the director, may, by a proclamation, which declares that condition and designates the area to which, and the period during which the proclamation shall apply, require that the area be closed to hunting and fishing and to entry by a person except a person that is within one of the following classes:

(a) Owners and lessees of land in the area.

(b) Bona fide residents in the area.

(c) Persons engaged in some bona fide business, trade, occupation, or calling in the area and persons employed by them in connection with that business, trade, occupation, or calling.

(d) Authorized agents or employees of a public utility entering the area for the purpose of operating or maintaining public utility works or equipment within the area.

(e) Members of an organized firefighting force.

(f) A federal, state or local officer in the performance of their duties.

(g) Persons traveling on public roads or highways through the area.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 70. (SB 272) Effective July 23, 2021.)


citation: PRC § 4298

text: The proclamation by the Governor shall be released to the wire news services in the state, and shall be published at least once in a newspaper of general circulation in each county which contains any lands covered by the proclamation. Notice of closure shall also be posted on trails or roads entering the area covered by the proclamation. The closure shall be effective upon issuance of the proclamation by the Governor. Each notice shall clearly set forth the area to be subject to closure and the effective date of such closure. The closure shall remain in full force and effect until the Governor shall by order terminate it. The notice of such termination shall follow the same procedure by which such closure was effected. The order of termination shall be effected upon issuance.


citation: PRC § 4299

text: A person who violates Section 4297 or 4298 is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) or by imprisonment in the county jail for not less than 10 days nor more than 90 days or both the fine and imprisonment. All state and county law enforcement officers shall enforce orders of closure.

history: (History: Amended by Stats. 2004, Ch. 90, Sec. 1. Effective January 1, 2005.)


citation: PRC § 4331

text: Except at the places or during the period of time designated by regulations adopted pursuant to the authority of the Secretary of Agriculture of the United States, a person shall not smoke or build a campfire upon national forest land unless the person has a written permit to do so issued by an authorized agent of the Secretary of Agriculture and possesses the firefighting tools that are required by the permit.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 71. (SB 272) Effective July 23, 2021.)

chapter: 4. Restricted Areas

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 4. Restricted Areas


citation: PRC § 4332

text: Whenever it is necessary in the interests of public peace or safety, the director, with the consent of the Governor, may order closed to camping, hunting, trapping, or the use of firearms, any area in any state park or state forest. The director shall post and enforce such closure order in such area.


citation: PRC § 4333

text: Any order which is issued pursuant to Section 4332 shall be published twice in at least one newspaper of general circulation in any county that is affected by the order. The publication shall be separated by a period of not less than one week and not more than two weeks. The order shall also be posted in such public places in each county as the director may direct, and along roads and trails which pass through such areas declared to be closed to camping or entry.


citation: PRC § 4371

text:
The definitions in this section govern the construction of this chapter.

(a) “Fire protection agency” means the Department of Forestry and Fire Protection on all lands designated as state responsibility areas pursuant to Section 4125, and it means the applicable fire protection district, service district, county fire department, or federal agency on all other lands.

(b) “Solid waste” means solid waste as defined in Section 40191.

(c) “Solid waste facility” means a solid waste facility as defined in Section 40194.

(d) “Flammable material” does not include any structure or building maintained as an integral part of any solid waste facility.

history: (History: Amended by Stats. 1992, Ch. 427, Sec. 137. Effective January 1, 1993.)

chapter: 5. Rubbish Dumps

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 5. Rubbish Dumps


citation: PRC § 4372

text: A person shall maintain any solid waste facility outside of the exterior boundaries of any city in strict accordance with the terms and conditions prescribed by Sections 4373 and 4374.

history: (History: Amended by Stats. 1982, Ch. 1333, Sec. 5.)


citation: PRC § 4373

text:
Any solid waste facility, for which a permit is required pursuant to Section 66796.30 of the Government Code, shall be maintained with a clearance of flammable material for a minimum distance of 45.7 meters (150 feet) from the periphery of any exposed flammable solid waste.

(a) Any structure, building, or part of any structure or building located within 45.7 meters (150 feet) of the periphery of any exposed flammable solid waste shall also be maintained with a clearance of flammable material for a minimum of 45.7 meters (150 feet) from the periphery of the structure or building.

(b) Sound and living trees may be left standing within the areas required to be cleared of flammable material, provided the following requirements are met:

(1) Wildfire cannot travel into the canopy of any tree left standing.

(2) Any tree left standing does not pose a fire safety threat or prevent fire equipment access to and near the exposed flammable solid waste.

(3) All dead limbs, and all limbs within 3 meters (10 feet) of the ground are removed from any tree left standing.

(c) Selected and isolated shrubs may remain within the areas required to be cleared of flammable material if all dead material is removed and each shrub is trimmed up so that fire cannot travel through the shrub canopy or pose a fire safety threat.

history: (History: Repealed and added by Stats. 1982, Ch. 1333, Sec. 7.)


citation: PRC § 4374

text:
Any solid waste facility, for which a permit is not required pursuant to Section 66796.31 of the Government Code, shall be maintained with a clearance of flammable material for a minimum distance of 9.45 meters (30 feet) from the periphery of any exposed flammable solid waste.

(a) Any structure, building, or part of a structure or building which is located within 9.45 meters (30 feet) of the periphery of any exposed flammable solid waste shall also be maintained with a clearance of flammable material for a minimum distance of 9.45 meters (30 feet) from the periphery of the structure or building.

(b) The fire protection agency may, in writing, require additional minimum flammable clearance provisions not to exceed any of the minimum clearance provisions of Section 4373. A reasonable time for compliance with the additional clearance provisions shall be specified in the written notice.

history: (History: Repealed and added by Stats. 1982, Ch. 1333, Sec. 9.)


citation: PRC § 4376

text: A person who maintains a solid waste facility in violation of this chapter is guilty of a misdemeanor, and shall be punished for a first conviction by a fine not to exceed five hundred dollars ($500), and, for a second or subsequent conviction within five years of a prior conviction of a violation of this chapter, by a fine not less than five hundred dollars ($500) or more than two thousand dollars ($2,000) or imprisonment in the county jail for a period not to exceed 30 days, or both that fine and imprisonment. Each and every day of violation is a separate and distinct offense.

history: (History: Amended by Stats. 2004, Ch. 90, Sec. 2. Effective January 1, 2005.)


citation: PRC § 4411

text: Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

chapter: 6. Prohibited Activities

article: 1. Definitions and General Provisions

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 6. Prohibited Activities > 1. Definitions and General Provisions


citation: PRC § 4412

text: “Incinerator” means any device constructed of nonflammable materials for the purpose of burning therein trash, debris, and other flammable materials, excluding those devices regulated by Section 4438 of this code.

article: 1. Definitions and General Provisions


text: “Campfire” has the same meaning as defined in Section 4103.5.

history: (History: Added by Stats. 1988, Ch. 270, Sec. 3.)

article: 1. Definitions and General Provisions


citation: PRC § 4413

text: “Zone A” includes Mono, Inyo, San Bernardino, Santa Barbara, Ventura, Los Angeles, Orange, Riverside, San Diego, and Imperial Counties.

history: (History: Amended by Stats. 1984, Ch. 633, Sec. 1.)

article: 1. Definitions and General Provisions


citation: PRC § 4414

text: “Zone B” includes any county and portion of any county which is not included in Zone A.

article: 1. Definitions and General Provisions


text: “Residue” means flammable wood fiber byproducts or waste, including, but not limited to, sawdust, bark, chips, slabs, trimmings, and hogged particles from a sawmill or plant engaged in processing or converting forest products into lumber, shook, ties, poles, posts, veneer, shakes, shingles, and planed or milled products.

history: (History: Added by Stats. 1982, Ch. 1333, Sec. 12.)

article: 1. Definitions and General Provisions


citation: PRC § 4415

text: This chapter does not apply to the setting of fire on lands within any municipal corporation.

article: 1. Definitions and General Provisions


citation: PRC § 4416

text: This chapter does not authorize a county firewarden, a firefighter, or a county officer to obligate the state for the payment of any money.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 72. (SB 272) Effective July 23, 2021.)

article: 1. Definitions and General Provisions


citation: PRC § 4417

text:
(a) Except as provided in subdivision (b) or (c), a reward of up to ten thousand dollars ($10,000) shall be paid out of any state funds which are made available to the department for fire protection to any person, other than a regularly paid firefighter, peace officer, or agent or employee of the department, whose information leads to the arrest and conviction, or commitment to a public facility, of any person who willfully and maliciously sets fire to, or who attempts to willfully and maliciously set fire to, any property which is included within any state responsibility area as established under Article 3 (commencing with Section 4125) of Chapter 1.

(b) If the fire, or attempt to set a fire, results in death or great bodily injury to anyone, including fire protection personnel, a reward of up to twenty-five thousand dollars ($25,000) shall be paid.

(c) If the fire causes substantial structural damage, an enhanced reward of up to twenty-five thousand dollars ($25,000) shall be paid.

(d) The reward may be paid on the initiative of the department or upon application by any person qualifying therefor. One reward of up to ten thousand dollars ($10,000) shall be paid under subdivision (a), or twenty-five thousand dollars ($25,000) under subdivision (b), or twenty-five thousand dollars ($25,000) under subdivision (c), as the case may be, with respect to the same event or series of events involving the same defendant or defendants. If the department determines that more than one person is eligible for a reward arising out of information relating to the same event or series of events, the reward shall be divided among those persons, as determined by the department, taking into consideration the significance of the information contributed by each of those persons. The department may establish a program to preserve the anonymity of any person providing information and may pay a reward under that program.

(e) Rewards paid under this section shall be considered an emergency fire suppression and detection expenditure for budgeting purposes.

history: (History: Amended by Stats. 1993, Ch. 15, Sec. 1. Effective May 21, 1993.)

article: 1. Definitions and General Provisions


text:
(a) For the purpose of obtaining information leading to the arrest and conviction of persons who willfully and maliciously set fire to, or who attempt to willfully and maliciously set fire to, any property which is included within a state responsibility area, as defined in Section 4102, including a hazardous fire area designated by the board pursuant to Section 4252 or by the director pursuant to Section 4253, the department shall, during the fire season, make a toll-free 800 telephone number available for, and establish, a program to protect the anonymity of persons providing that information and to facilitate the identification of persons who are eligible for the payment of rewards authorized pursuant to Section 1547 of the Penal Code and Section 4417.

(b) The department may cooperate, and enter into interagency agreements, with other state agencies in carrying out this section, including, but not limited to, the Cal-TIP program of the Department of Fish and Game.

history: (History: Added by Stats. 1994, Ch. 243, Sec. 2. Effective July 21, 1994.)

article: 1. Definitions and General Provisions