Assembly Bill 38 Defensible Space Inspections and Compliance Reports for Real Estate Transactions in High or Very High Fire Hazard Severity Zone
Assembly Bill (AB) 38 established that, as of July 1, 2021, California Civil Code Section 1102.19 requires a seller of real property located in a High or Very High Fire Hazard Severity Zone (FHSZ) to provide the buyer with documentation the property is in compliance with defensible space requirements.
The law allows, that if documentation demonstrating compliance cannot be obtained by the close of escrow, the seller and buyer can enter into a written agreement showing that the buyer agrees to obtain documentation of compliance within one year of the close of escrow.
How do I determine if the property is in the Fire Hazard Severity Zone subject to AB 38?
Prior to requesting an AB 38 Defensible Space Inspection, please verify that the property is within the jurisdictional responsibility of the Burbank Fire Department. Refer to the Burbank Very High Fire Hazard Severity Zone (VHFHSZ) Maps at the bottom of the Fire Hazard Reduction Program (Brush Clearance) page.
If your property is not located in the VHFHSZ, then you are not subject to the AB 38 requirements.
What are the defensible space requirements?
Defensible space is required by state law and regulation for all properties located within a FHSZ and, in Los Angeles County, by local vegetation management ordinance. The BFD ordinance is more restrictive than state law.
Applicable state laws and regulations (PRC, GC, Title 14 & 19) are in the State Fire Marshal AB 38 Information Bulletin 21-007 and CALFIRE AB 38 Defensible Space Information website. Additional information is on the Burbank Fire Hazard Reduction Program (Brush Clearance) page.
You will need your Los Angeles County Assessor Parcel Number (APN) to complete the online form below. If you do not know your APN, please refer to your property tax statement or the Assessor’s website.
How do I schedule a Defensible Space Inspection?
To schedule a Defensible Space Inspection, please complete the online form below.
What is a Defensible Space Inspection Compliance Report?
A copy of the completed compliance inspection report that shows proof the property has been inspected and has passed that inspection, within six (6) months prior to entering a sales contract. Note: a Defensible Space Inspection can be requested while in escrow if no inspection has been previously conducted within the 6-month period.
When will the Defensible Space Inspection occur?
Once a completed Defensible Space Inspection form has been submitted, a Burbank Fire Department Inspector will contact the requestor normally within 2 to 3 business days to schedule the inspection. An inspection is normally conducted during regular business hours (8:00 am to 5:00 pm Monday through Friday) and can take 7 - 10 days from the request date to conduct.
Is there an inspection fee for Very High Fire Hazard Severity Zones?
Beginning July 1, 2022, the Burbank Fire Department initiated an inspection fee for homes within the Very High Fire Hazard Severity Zones (VHFHSZ). Cal Fire and the Office of the State Fire Marshal designate VHFHSZ throughout the state of California. The Burbank Fire Department requires brush clearance, vegetation management, and landscape hazard mitigation in the VHFHSZ per the California Government Code§ 51182 and the Burbank Municipal Code.
What happens if the property does not pass the inspection?
A deficiency report will be issued indicating the items to be corrected to pass the Defensible Space Inspection. If the seller is unable to complete the corrections and obtain a compliance report prior to close of escrow, the law provides that the seller and buyer shall enter into a written agreement whereby the buyer agrees to obtain the compliance.
BFD Fire Hazard Reduction Program
Property owners included in the BFD Fire Hazard Reduction Program (FHRP) will receive a Notice to Abate Fire Hazard each year regardless of any prior Defensible Space Inspection compliance report. These notices are mailed in April of each year with a June 1st clearance deadline. For more information, visit the Fire Hazard Reduction Program (Brush Clearance) page.
Note: An inspection approval under the FHRP can be used to meet Defensible Space Inspection requirements if the approval was within 6 months of the date the seller enters into a sale contract. BFD staff will review any Defensible Space Inspection requests to determine if a prior FHRP inspection approval has been conducted and will use that date for the Defensible Space Inspection Compliance Report. A new Defensible Space Inspection will not be conducted unless specifically requested by the seller.
Schedule a Defensible Space Inspection Form
Please fill out the online form below if you would like to request a Defensible Space Inspection. Note: (*) indicates required fields.
