“Weeds, grass, vines, leaves, brush, diseased or dead trees, combustible growth, debris, or rubbish….

The second reading of the proposed stricter Piedmont Fire Code ordinance includes and broadens enforcement to all privately-held Piedmont property with expansive new regulations designed for Piedmont’s approximately 20% high fire hazard area.

“Standards for vegetation management described herein shall be applicable to and within private property located within the City bounds..”  Ordinance language

A second reading of the proposed ordinance for vegetation controls on all Piedmont private properties will be considered on:

Monday, August 17, 2020, 6:00 p.m., by the Piedmont City Council.

 California state law requires property owners in specific 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. Most of Piedmont is not in the state defined high fire hazard zone, however the 30 foot distance will also be required by the ordinance of all Piedmont residential properties. See link in staff report below. 

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. 

“In many cases in Piedmont, dwellings are situated less than 8 feet apart, and fires can easily spread from house to house and are more readily spread upslope in the direction of prevailing winds.”  Ordinance language

Landscaping, plant choices, site planning, fencing, and safety are regularly considered by the Planning and Park Commissions and Public Safety Committee. Piedmont’s applicable Commissions and Committee have not been asked to consider the ordinance.  

Removal is required of hazardous vegetation or combustible materials including, but not limited to weeds, grass, vines, leaves, brush, diseased or dead trees, combustible growth, debris, or rubbish capable of being ignited and endangering property. 

Currently, the Fire Department notifies property owners of identified fire safety threats. The proposed ordinance will subject violators to penalty fines. Decisions regarding compliance are made by the Fire Code Official, who will have “discretion in their enforcement, so as to be reasonable in their implementation.”  Exceptions are not noted within the ordinance.

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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.”

Items included in the proposed new ordinance:

“B. Vegetation management requirements.

Standards for vegetation management described herein shall be applicable to and within private property located within the City bounds, unless stricter requirements apply under section 8.14.050 due to being located in a designated very high fire hazard zone, and failure to maintain property in accordance with such standards shall subject the responsible person to fine and/or abatement in accordance with chapter 1 or chapter 6 of this code.

1. Developed parcels.

For any parcel developed with a dwelling unit, or developed with any other structure or structures required to obtain a building permit prior to construction, each responsible person for such parcel shall ensure that vegetation on Attachment A the parcel is maintained in accordance with the requirements below. Each responsible person shall:

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.

[The following has been noted as impossible in most of Piedmont.]

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:

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.

…….

“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.

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To READ the proposed Piedmont ordinance and staff report, click below:

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