Fire Hardening Resources
The new Fire Hardening and Defensible Space Advisory, Disclosure and Addendum take effect on July 1. The Fire Hardening requirements from the state went into effect on January 1, 2021, The Defensible Space requirements will become effective for transactions that close on or after July 1, 2021. The new FHDS will be needed for any transaction that requires a TDS and is in a High or Very High Fire Hazard Severity Zone. If the FHDS is not included with the original offer it should be added via seller counteroffer.
Wildfire Issues: Defensible Space and Home Hardening Disclosure and Advisory
Defensible space is the term for a buffer zone that homeowners create between a structure on the property and any flammable grass, trees, shrubs, or wildland area that surround it. Existing state and local laws require certain property owners to maintain defensible space on their property. Sellers of such properties will need to provide documentation that their property is in compliance with defensible space laws, or buyers will be required to agree to obtain such documentation of compliance in the future. This law applies to: sales of residential one to four properties; condominiums or other common interest development units; or manufactured homes; where the property is located in a high or very high fire hazard severity zone; when TDS is required.
“Home hardening” refers to building resistant materials and home features that protect a home from catching fire. Beginning January 1, 2021, sellers will be required to complete a new home hardening disclosure (Fire Hardening and Defensible Space Advisory, FHDS) for properties that are: within high or very high fire hazard zones; built before 2010; residential one to four properties; condominiums or other common interest development units; or manufactured homes.
Resources
- C.A.R.’s Home Hardening Disclosure resources
- C.A.R’s Fire Hardening And Defensible Space Advisory, Disclosure and Addendum
- Watch a replay of the June Legal Live Webinar on new and revised forms (fire hardening discussion begins at 17:30) C.A.R. login required
- Watch the replay of our special Home Hardening and Defensible Space update with Gov Hutchinson from July 29, 2021
- Information about fire prevention and investigation is available on-line at https://www.marincounty.org/depts/fr/divisions/fire-prevention-investigation.
- California Depart of Forestry and Fire “CalFire” website http://fire.ca.gov/
- CalFire “Fire Hazard Severity Zone Viewer” at https://gis.data.ca.gov/datasets/
- Marin Wildfire Prevention Authority: https://www.marinwildfire.org/
- MWPA Defensible Space & Home Hardening Evaluation Program
- Information on minimum annual vegetation management standards to protect homes from wildfires may be obtained at www.readyforwildfire.org.
- Wildfire insurance one pager