California Struggles to Enforce Fire-Resistant Home Law as Years Tick Away

SACRAMENTO, Calif. — In response to devastating wildfires, California lawmakers established new requirements in 2020 aimed at fire risk mitigation. These rules mandate homeowners in high-risk areas to clear flammable debris—like dead vegetation and wooden furniture—within 5 feet (1.5 meters) of their homes. Though the regulations were set to take effect on January 1, 2023, they remain unwritten as Los Angeles continues to face wildfire devastation.

The state’s Board of Forestry and Fire Protection, responsible for drafting these regulations, has not announced a timeline for their completion. Following the recent Palisades Fire, which obliterated over 5,000 structures across neighborhoods like Pacific Palisades and Malibu, experts argue that timely implementation could have made a difference in protecting some homes.

“It’s frustrating at every level of government,” remarked Democratic state Sen. Henry Stern, a co-author of the legislation. He expressed disappointment over the delay, stating, “I feel like a failure on it, being quite frank.”

Under the proposed regulations, existing homes would receive a three-year compliance window once enacted. While it’s uncertain how many homes might have been protected, some experts believe clearing the vicinity around homes could have reduced fire spread. Steve Hawks, a former state firefighter, noted that existing research supports the idea that such measures would have had a positive impact.

California has stringent defensible space laws already in place. Homeowners must maintain a 30-foot (9-meter) clearance from flammable materials, expanded to 100 feet (30.5 meters) in recent years. The new measure introduces an “ember-resistant” zone—termed “zone zero”—which prohibits combustible items within 5 feet of homes, a move aimed at countering the embers that are responsible for a significant majority of wildfire-related destruction.

Bipartisan support passed this measure following catastrophic fires in 2017 and 2018, which resulted in substantial losses, including the fire that devastated the town of Paradise. Fire scientists advocate for combined measures—including adhering to defensible space requirements and home-hardening strategies—to enhance wildfire survival rates.

Despite these ongoing discussions, the Board of Forestry and Fire Protection is still in a “pre-rulemaking phase,” seeking funding solutions. Officials anticipated presenting draft regulations to the board later this year, even as CalFire encourages homeowners to adopt zone zero practices voluntarily.

Edith Hannigan, executive officer of the board, acknowledged the complexities involved and expressed the board’s commitment to moving forward as expeditiously as possible. Meanwhile, various strategies to safeguard properties, such as clearing debris from rooftops and replacing combustible fencing, are among the recommended practices.

The zone-zero initiative has sparked differing opinions among homeowners. Sen. Stern, who lost his home in a previous fire, finds it challenging to persuade family members to adhere to these practices. “What I don’t know is whether people are going to see that as a headache,” he said, reflecting on the resistance encountered.

U.S. Rep. Laura Friedman, who spearheaded the original legislation, criticized the prolonged timeline for implementation. “I hope that the state acts with the urgency that the issue and these guidelines deserve,” she asserted.

The draft rules, once finalized, will impose immediate compliance for new homes while allowing existing ones a grace period of three years.