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See Cal Fire letter(s) dated 4/11/08, 5/108, and 7/16/08

www.fire.ca.gov/fire_prevention/downloads/Title_14.pdf

 

Disturbing New Requirements Demanded by Cal Fire

by Supervisor Michael Oliveira District 3

 

Based on the information I have gathered to date, in 2006/07 Cal Fire was contacted by the Calaveras County Board of Supervisors asking them to comment and provide input on wildland fire threats as it pertains to driveway slopes in Calaveras County. This resulted in Cal Fire taking the position that driveways exceeding 21% slope should not be allowed to be built upon under Public Resource Code 4290 which was passed into law and became effective January 1, 1991. In the first paragraph of this legislation it clearly states;

 

These regulations do not apply where an application for a building permit was filed prior to January 1, 1991, or to parcel or tentative maps or other developments approved prior to January 1, 1991, if the final map for the tentative map is approved within the time prescribed by the local ordinance.

 

Even though it is obvious that the Legislature did not intend to have the new rules apply to existing parcels, Cal Fire has taken a completely different position. In fact, Cal Fire’s position is that if your home is located on a non-compliant driveway and burns down, they want you to be barred from rebuilding (See Cal Fire letter(s) dated 4/11/08, 5/108, and 7/16/08).

At the time many in the community voiced their concerns (and sent letters) and opposition to the new requirement and the issue dropped from everyone’s radar until very recently. Not only is the driveway slope issue back, Cal Fire is now trying to force 30-foot setbacks on future building on vacant parcels as well as additions, and repairs i.e. Decks, etc. in Calaveras County. (See CalFire SRA Fire Safe Regulations (a) & (b)). www.fire.ca.gov/fire_prevention/downloads/Title_14.pdf .

 

Rather than amend PRC 4290, the State of California and Cal Fire incorporated the new regulations into the ‘new’ California Building Code and then mandated each County adopt the new Building Codes with the regulations incorporated.

I have asked the Calaveras County Building Department along with its Advisory Committee to continue diligently working to find viable solutions (i.e. mitigation, exemptions) to these new regulations. Additionally, I have brought this to the attention of CAO Lutz and will continue to work towards an acceptable resolution. This has the potential to do great economic harm to our local economies that are still in a guarded recovery.

 

If you are negatively impacted by these new Regulations, please contact me at your earliest convenience.

 

Sincerely,

 

Michael Oliveira
Supervisor District 3

mcoliveira@co.calaveras.ca.us .


Committee to Elect Michael Oliveira FPPC#1400869
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