P-III.E · Fire Mitigation and How It Affects Insurance Costs
Rebuilding, land use and planning laws
Mitigation is not only about the yard. State law also reaches building standards, subdivision approvals and each community's general plan.
Building construction when rebuilding: under Public Resources Code §4291(a)(5), an owner rebuilding a structure with a building permit must first obtain a certification from the local building official that the structure as proposed complies with state and local building standards, and give a copy on request to the course of construction insurer. On completion, the owner obtains a copy of the final inspection report showing compliance and gives it, on request, to the property insurer. This ties building standards directly to insurance.
Land use: before approving a tentative subdivision map for land in a state responsibility area or a very high fire hazard severity zone, a county's legislative body must find, on substantial evidence, that the subdivision is consistent with state fire safety regulations or certified local ordinances, and that structural fire protection and suppression services will be available (Gov. Code §66474.02). Insurance availability is not a required finding.
Planning: state planning law requires every city and county general plan to include a safety element that protects the community from unreasonable risks, including wildland and urban fires (Gov. Code §65302(g)(1)). It also addresses evacuation routes, peakload water supply, and minimum road widths and clearances around structures as they relate to identified fire hazards.
Remember
· Rebuilding: the final inspection report goes to the property insurer on request (PRC §4291(a)(5)).
· Subdivisions in high-risk areas need fire-safety and fire-protection findings (Gov. Code §66474.02).
· The general plan's safety element covers wildland and urban fire (Gov. Code §65302(g)(1)).
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