AB 38 Property Sales

UPDATE 11/30/21
The City of Santa Rosa was informed by the California Sate Fire Marshal’s Office that ONLY parcels in the City of Santa Rosa’s Wildland Urban Interface Fire Area that have been mapped by the State and identified as Very High Fire Severity Zones need to comply with the provisions of AB38. The change is due to a new interpretation by the State and based on how California Civil Code 1102.19 is written. CAL FIRE’s current map of Santa Rosa is from 2008 and the State anticipates updates and language changes by early 2023. At that point, we expect the scope of AB38 to include the City of Santa Rosa’s WUI again. Map of CAL FIRE’s Fire Hazard Severity Zones in Local Responsibility Areas – Santa Rosa

Fire safety: low-cost retrofits: regional capacity review: wildfire mitigation.

The City of Santa Rosa Fire Department (SRFD) has received multiple inquiries regarding Assembly Bill (AB) 38 that goes into effect July 1, 2021.

After consulting with the California State Fire Marshal’s Office, the City of Santa Rosa would like to provide the following information:

  • The City of Santa Rosa (CSR) is considered all Local Responsibility Area (LRA) and does not have any State Responsibility Area (SRA) within the City limits; however, we do have a defined Wildland Urban Interface (WUI) area and Cal-Fire designated High and Very High Fire Severity Zones within our WUI. This means properties within the CSR WUI will need to comply with AB 38.
  • According to the new law, the SRFD has no obligation to conduct an inspection or an assessment of a property in addition to the required disclosure; however, a property owner can request an inspection be done by our Fire Prevention staff for a fee of $159.
  • Properties being sold in the WUI on or after July 1, 2021, will be required to comply with the CRS Weed Abatement Ordinance. Upon request, documentation can be provided by SRFD to show that a property is in compliance.
  • Sellers of properties in the WUI are required to provide documentation to the buyer that the property is in compliance with defensible space requirements.
  • If an assessment has been conducted by SRFD within the prior 6 months of the time of the sale, the assessment is considered valid.
  • A seller can agree to allow the buyer to have the assessment completed up to a year after the sale.
  • A new disclosure is required to be completed in the WUI after July 1, 2021

Note: Additional information will be added to this page as more information become available.

Useful Resources

Request Assessment

For questions or to request an assessment, email [email protected] or fill out the AB 38 Property Sales Defensible Space Request Application.