California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 7 - Fire Protection › Subchapter 2 - State Minimum Fire Safe Regulations › Article 1 - Administration › Section 1270.07 - Exceptions to Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Upon request by the applicant, an Exception to standards within this Subchapter
					 may be allowed by the Inspection entity in accordance with
					 14 CCR
					 §
												1270.06 (Inspections) where the
					 Exceptions provide the Same Practical Effect as these regulations towards
					 providing Defensible Space. Exceptions granted by the Local Jurisdiction listed
					 in 14 CCR
					 §
												1270.06, shall be made on a
					 case-by-case basis only. Exceptions granted by the Local Jurisdiction listed in
					 14 CCR
					 §
												1270.06 shall be forwarded to the
					 appropriate CAL FIRE unit headquarters that administers SRA fire protection in
					 that Local Jurisdiction, or the county in which the Local Jurisdiction is
					 located and shall be retained on file at the Unit Office.
(b) Requests for an Exception shall be made
					 in writing to the Local Jurisdiction listed in
					 14 CCR
					 §
												1270.06 by the applicant or the
					 applicant's authorized representative.
At a minimum, the request shall state the specific
						section(s) for which an Exception is requested; material facts supporting the
						contention of the applicant; the details of the Exception proposed; and a map
						showing the proposed location and siting of the Exception. Local Jurisdictions
						listed in §
												1270.06 (Inspections) may
						establish additional procedures or requirements for Exception
						requests.
(c) Where an
					 Exception is not granted by the inspection entity, the applicant may appeal
					 such denial to the Local Jurisdiction. The Local Jurisdiction may establish or
					 utilize an appeal process consistent with existing local building or planning
					 department appeal processes.
(d)
					 Before the Local Jurisdiction makes a determination on an appeal, the inspector
					 shall be consulted and shall provide to that Local Jurisdiction documentation
					 outlining the effects of the requested Exception on Wildfire
					 protection.
(e) If an appeal is
					 granted, the Local Jurisdiction shall make findings that the decision meets the
					 intent of providing Defensible Space consistent with these regulations. Such
					 findings shall include a statement of reasons for the decision. A written copy
					 of these findings shall be provided to the CAL FIRE Unit headquarters that
					 administers SRA fire protection in that Local Jurisdiction.
1.
						Renumbering of former section
						1270.06 to new section
						1270.07, including amendment of
						section, filed 1-31-2023; operative 4-1-2023 (Register 2023, No. 5).
						Transmission deadline specified in Government Code section
						11346.4(b)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified
						in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order N-71-20. For prior history, see
						Register 2019, No. 36.
Note: Authority cited: Section
						  4290,
						  Public Resources Code. Reference: Sections
						  4290
						  and
						  4291,
						  Public Resources Code.