Defensible Space Inspections

DEFENSIBLE SPACE INSPECTIONS - ASSEMBLY BILL 38 (AB-38)

AB-38 Defensible Space Inspections and Compliance Reports for Real Estate Transactions in High or Very High Fire Hazard Severity Zone.

Assembly Bill 38 (2019) 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 Fire Hazard Severity Zone subject to AB38?

If the property is within the SRA, an AB38 inspection is required in both High and Very High FHSZ. If the property is within the LRA, an AB38 inspection is required in the Very High FHSZ. You can use the Fire Hazard Severity Zone map to locate your property and determine which zone your home is in (click on the binoculars icon to enter the address)

Calfire FHSZ Viewer: https://egis.fire.ca.gov/FHSZ
(If your property is within an orange, pink, or red area, an AB38 inspection is required.) If your property is not located in High or Very High FHSZ, STOP.  You are not subject to the requirements of AB-38.

Prior to requesting an AB38 Defensible Space Inspection, please verify that the property is located within the jurisdictional responsibility of the North County Fire District.

The North County Fire District (NCFPD) is responsible for inspections of properties in the communities of Castroville, Las Lomas, Moss Landing, Pajaro, Prunedale, Oak Hills, and Royal Oaks. If your property is not within the jurisdictional boundaries of NCFPD, STOP.  Do NOT complete the AB-38 DSI Request Form. (Online Request Form to Be Developed).

What are the Defensible Space requirements?
Defensible space is required by state law and regulation for all properties located within a FHSZ and, in North Monterey County by Vegetation Management Ordinance.

Assessor Parcel Number:
You will need your Monterey County Assessor Parcel Number (APN) to complete the AB38 DSI request form. If you do not know the APN, please check your property tax statement, or the Assessors site at: https://www.co.monterey.ca.us/government/about/gis-mapping-data.

What is a DSI 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 DSI can be requested while in escrow if no DSI has been previously conducted within the 6-month period.

When will the DSI take place?
Once a completed AB-38 DSI request form has been submitted, a Fire District Inspector will contact the requestor normally within 2 to 3 business days to make the DSI appointment.  DSI are normally conducted during regular business hours 8:00 am to 5:00 pm Monday through Friday and can take 7 to 10 days from the request date to conduct.

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 DSI. 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.

Request a defensible space inspection via the Contact Us webpage.