SACRAMENTO, Calif. — Following the devastation wrought by severe wildfires, particularly the deadliest wildfire in California’s history, state legislators enacted stricter measures in 2020 to eliminate flammable materials such as dry vegetation and wooden objects within a 5-foot radius of homes situated in high-risk areas. These regulations were scheduled to come into effect on January 1, 2023. However, as Los Angeles confronts fires that have obliterated thousands of homes and potentially become the most expensive natural disaster in U.S. history, the guidelines have yet to be finalized. The California Board of Forestry and Fire Protection currently lacks a solid timeline for their completion.
Democratic state Senator Henry Stern, a key figure in the legislation, expressed his frustration, admitting, “It’s frustrating at every level of government. I feel like a failure on it, being quite frank.” Many neighborhoods affected by the Palisades Fire are located in zones that would require adherence to the new regulations due to their classification as high fire risk by the California Department of Forestry and Fire Protection. The Palisades Fire, exacerbated by hurricane-force winds that tossed embers through the air, led to the destruction of over 5,000 structures, including those in Malibu and Topanga Canyon.
Under the proposed regulations, older homes would be granted a three-year window to comply. Although the estimate of how many homes could have been saved remains uncertain, experts suggest that maintaining a clear area around residences would likely have provided some degree of protection. “We feel really strongly that it would” have been beneficial based on previous research, stated Steve Hawks, a former state firefighter now affiliated with an insurance research group advocating for the law. He acknowledged, however, that there are no guarantees, especially with intense wildfires.
California’s defensible space laws mandate homeowners in fire-prone regions to maintain a defensible perimeter around their homes devoid of any combustible landscaping or materials. The state’s stringent regulations have been evolving since the 1960s, initially requiring homeowners in high-risk locations to clear flammable materials within 30 feet. This was later expanded in 2006 to encompass the area extending up to 100 feet from homes.
The new measure proposes the establishment of a specially designated “ember-resistant” zone, referred to as “zone zero,” which prohibits items like brush, wooden fencing, outdoor furniture, and mulch within 5 feet of homes. The rationale behind this initiative is to eliminate any materials susceptible to igniting from airborne embers, which authorities and research indicate are responsible for 90% of wildfire-related structure losses.
This zone-zero legislation garnered bipartisan support following catastrophic fire seasons in 2017 and 2018, during which fires devastated the town of Paradise, claiming more than 17,000 structures and taking 85 lives. Experts like Yana Valachovic, a fire scientist with the University of California’s Cooperative Extension, emphasize the improved survival odds for homes that adhere to defensible space regulations and implement preventative measures to block flying embers. Valachovic is one of the researchers assessing the damage from the recent fires in Los Angeles.
The California Board of Forestry and Fire Protection announced that it is still undergoing the “pre-rulemaking phase,” as officials work to identify funding sources to manage the anticipated costs linked to the new requirements. During a meeting in November, state officials remarked that draft regulations likely won’t be reviewed by the board until late in the year. Meanwhile, CalFire has already begun encouraging homeowners to voluntarily adopt these practices via their website, as recommended in a report concerning fire strategies initiated by Governor Gavin Newsom in 2019.
In a move to facilitate implementation, lawmakers passed legislation last year extending the compliance timeline for existing structures from one year to three once the regulations are finalized. Several cities and homeowners are already taking matters into their own hands voluntarily by adopting these best practices.
“This topic remains a priority for the Board of Forestry and Fire Protection, and staff aims to present a draft proposal as soon as feasible,” stated Edith Hannigan, the board’s executive officer. Effective strategies to mitigate fire risk include clearing debris from roofs and gutters, as well as replacing bark with non-flammable materials. While replacing wooden fencing might incur additional costs, experts like Kimiko Barrett, who conducted a study evaluating retrofitting expenses for homes in California, assert that the long-term costs of inaction could be significantly higher.
Discussions regarding zone zero have been ongoing for roughly a decade; however, the concept does not always enjoy widespread acceptance. Senator Stern, who lost his own home in a 2018 fire, shared his struggles in persuading his family to adopt these safety measures. He noted that his parents have trivialized actions he considers crucial, like pruning a rosemary bush nearby.
U.S. Representative Laura Friedman, who championed the zone-zero legislation during her tenure as a state assemblymember, expressed disappointment at the slow implementation process, implying that the urgency the situation warrants has not been reflected in the state’s actions. Under the recent proposal, the new regulations are set to apply directly to new homes while allowing existing structures three years to meet the requirements, aiming for enhanced fire safety across the board.
