Piedmont Fire Code Changes Will Require Removal or Reduction of Vegetation throughout Piedmont
All Piedmont properties are potentially impacted.
A first reading of a newly proposed ordinance for vegetation controls for all Piedmont properties will be considered Monday, August 3, 2020, 6:00 p.m., by the Piedmont City Council.
The proposed fire code ordinance broadens requirements to include all of Piedmont, rather than specifically identified high fire hazard areas. California state law requires property owners in high fire hazard, wildland-urban border areas to maintain a 30 feet of open space cleared of vegetable fuel surrounding their homes, barns, garages and other structures.
The vast majority of Piedmont dwellings do not have a 30 foot open space perimeter between their homes, so it is not possible to have 30 feet of defensible space as specified in the ordinance. The City policy of allowing reductions in distances between neighboring structures presents a fire safety threat unaddressed in the ordinance.
Piedmont’s Park Commission, Planning Commission, and Public Safety Committee have not been presented as advisors with the ordinance prior to the Council consideration. Landscaping, planting choices, and safety are regularly agendized by the commissions and committee.
“The City’s recommendations were developed with extensive research by staff including consultation with the State Fire Marshal’s Office as well as CalFIRE Planning and Land-use personnel. The specific elements of the Fuel Reduction and Vegetation Management standards were developed from National Fire Protection Association (NFPA), the California Fire Code, and extensive review of policies and practices from other regional jurisdictions as noted in Attachment B.” City Administrator report linked below
Items included in the proposed new ordinance:
a. Cut down, remove, or reduce any hazardous vegetation or combustible material. Hazardous vegetation or combustible materials include, but are not limited to weeds, grass, vines, leaves, brush, diseased or dead trees, combustible growth, debris, or rubbish capable of being ignited and endangering property.
b. Maintain a defensible space of at least 30 feet from the perimeter of each building or structure located on a parcel. The size of the defensible space area may be increased or decreased by the fire code official based on site-specific analysis of local conditions, which include, but are not limited to, considerations of: the size of the property, whether the property is located on a steep slope, whether property located in an exposed windswept location, the fire risk that the vegetation surrounding the property poses, the proximity of adjacent structures and risk to such adjacent structures, and whether the vegetation surrounding the property is regularly maintained or pruned. A responsible person is not required to manage vegetation located beyond the property line of the subject parcel.
c. Maintain any space that is within 3 feet from a roadway clear of any flammable vegetation, and maintain a 15-foot vertical clearance, free of vegetation, above roadways including streets, driveways and rights-of-way.
d. Remove or trim any vegetation that is deemed by the Fire Marshal to impede emergency vehicle access.
e. Remove all portions of trees within 10 feet of functioning chimneys or stovepipe outlets.
f. Maintain the roof and gutters free of leaves, needles, or other dead/dying wood.
g. Remove brush and tree limbs that are within six feet of the ground from mature trees.
h. Remove flammable vegetation and limbs from trees that may pose a fire and/or safety hazard to the home or property.
i. Install a spark arrestor on functioning chimneys or stovepipe outlets.
2. Vacant parcels. For any vacant parcel in the city, each responsible person for such parcel shall ensure that vegetation on the parcel is maintained in accordance with the requirements below. Each responsible person shall: Attachment A Agenda Report
a. For parcels with an acreage that is 0.5 acres or less, the responsible person shall clear the entire lot of flammable vegetation and maintain it to a height of 6 inches or less.
b. For parcels with an acreage that is greater than 0.5 acres, clear the area that is one hundred feet along the perimeter of the property line of flammable vegetation and maintain such vegetation to a height of 6 inches or less. A responsible person is not required to manage vegetation located beyond the property line.
c. Maintain any space that is within 3 feet from a roadway clear of any flammable vegetation, and maintain a 15 foot vertical clearance, free of vegetation above roadways including streets, driveways and rights-of-way.
d. Remove flammable vegetation and limbs from trees that may pose a fire and/or safety hazard from the property.
e. Remove brush and tree limbs that are within six feet of the ground from mature trees.
3. Penalties. Violations of this section shall be subject to penalties. Penalty amount may be established by resolution of the City Council. If penalty amounts have not been established by resolution of the City Council, violations of this section shall be punishable by fine in the amounts specified in Government Code section 51185.
“8.14.060 Definitions. In this division:
Defensible Space means the area adjacent to a structure or dwelling where wildfire prevention or protection practices are implemented to provide defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas, as provided in Government Code section 51177(a).
Flammable vegetation means: (1) vegetation, brush, or grasses, which is dry, dead, or dying and which is over six inches in height; or (2) vegetation which has a high resin or sap content including but not limited to Arborvitae, California Bay, Cedar, Cypress, Douglas Fir, Eucalyptus, Fir, Juniper, Palm, Pine, Spruce, Yew, California buckwheat, California sagebrush, Chamise or greasewood, Laurel sumac, Manzanita, Pampas grass, Rosemary, Scotch broom, Spanish Broom, Sugar bush, and Toyon and which is over six inches in height.
Responsible person means any natural person or a corporate entity that is the owner, occupant, lessor, lessee, manager, licensee, or other person having physical or legal control over a structure or parcel of land.
Oakland’s approach.
Oakland homes adjacent to the East Bay Regional Parklands are instructed to:
30 feet of Lean, Clean and Green
- Remove all dead plants, grass, weeds and overgrown brush.
- Clean leaves, needles, and debris from roofs and rain gutters.
- Keep tree branches 10 feet away from chimney, roof and other trees.
- Move firewood and fuel tanks 30 feet from house.
- Remove all items from under deck. Do not use this space for storage.
- Fire harden your home. Install fine wire mesh over roof, eave and foundation vents.
Piedmont does not border on East Bay Regional Parklands. Oakland provides an exception for specimens of trees, ornamental shrubbery, and ornamental ground cover even on the Wildlife-Urban border.
City of Oakland Section 4907 Defensible Space – Amend Section 4907 as follows:
Add: 4907.2 Defensible Space. Persons owning, leasing, controlling, operating or maintaining buildings or structures in, upon or adjoining the Wildland-Urban Interface Fire Area and persons owning, leasing or controlling land adjacent to such buildings or structures, shall:
Maintain an effective 30-foot defensible space by removing and clearing away flammable vegetation and combustible growth from structures.
Exception: Single specimens of trees, ornamental shrubbery or similar plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure.
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READ the proposed Piedmont ordinance below:
Aug 3, 2020
Dear Council,
Reading the Staff Report on the addition to City Code of sec. 8.14.030, am I to understand that these sweeping changes will apply to the entire City and not be limited to the State designated Very High Fire Severity Zone portion of Piedmont? I would appreciate clarification.
If proposed 8.14.030 is City wide, I am disturbed that this sweeping legislation was not discussed at any Commission so that the community could provide comment.
Respectfully,
Rick Schiller
Having just seen the proposed ordinance for the first time, I feel compelled to suggest that the breadth and reach of the anticipated restrictions be reconsidered.
It appears that most, if not all, Piedmont residences would be required to remove substantially all landscaping which not only would render Piedmont, on the whole, significantly less attractive, but also less desirable.
Perhaps a more limited approach should be utilized.
I am concerned that this ordinance would require removing essentially all landscape vegetation, giving Piedmont a very different look. On my street (Bonita) the biggest risk is from the huge Sycamore trees that form a canopy stretching for blocks. Once ignited, this would rapidly ignite every home. In my case, these trees actually overhang my house yet the city has been unresponsive to effectively trimming them. Does this ordinance mean you will cut down most of the mature street plantings?
[…] Link to prior PCA article for further information about the state initiative and comparison with Oakland’s fire code requirements. Read it here. […]