Understanding Assembly Bill 38, and tips to implement it
Assembly Bill 38 (AB-38) requires sellers of properties in Fire Hazard Severity Zones within the State Responsibility Area (SRA) to provide buyers with proof of compliance with Public Resource Code section 4291, which covers defensible space. Effective July 1, 2021, this documentation must be obtained within six months before the sale.
Sellers must ensure compliant vegetation management and obtain necessary inspections from CAL FIRE. If they previously delegated vegetation management through CAR Form FHDS, new buyers must meet compliance requirements within a year of closing escrow.
If sellers do not provide the required documentation, buyers must establish an agreement to ensure they obtain compliance documentation within a year. AB-38 clarifies the responsibilities of both sellers and buyers regarding fire safety and vegetation management in vulnerable areas.
Defensible Space is the critical zone around a property focused on wildfire protection. It acts as the primary defense against wildfires and escaping structure fires. Key elements include access for emergency vehicles, adequate water reserves, marked street names and building identification, and fuel modification. Proper management of this space enhances safety and increases the chances of preserving structures during wildfires.
https://www.defensiblespacecompliance.com/sb-38-compliance
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