County's erroneous new "Very High Fire Hazard Severity Zone..."

-----Original Message-----
From: Charlessands <charlessands@aol.com>
To: mparton <mparton@co.marin.ca.us>
Cc: lcrosse <lcrosse@co.marin.ca.us>; skinsey <skinsey@co.marin.ca.us>; cmcglashan <cmcglashan@co.marin.ca.us>
Sent: Thu, Feb 24, 2011 10:02 am
Subject: County's erroneous new "Very High Fire Hazard Severity Zone��� classification results in non-renewal of home owner fie insurance

Although well intentioned the Board of Supervisors approval of Marin County's Wild land-Urban Interface (WUI) generalized map classified major portions of the City of Mill Valley and unincorporated Mill Valley (Supervisor's Areas 4 and 5) as "Very High Fire Hazard Severity Zone" is having and will have a major negative financial impact on all property owners in of the City of Mill Valley and unincorporated Mill Valley. As a result a majority of home owner insurance companies are not renewing home owner insurance fire insurance policies for properties located in the newly deemed "Very High Fire Hazard Severity Zone". 

It is indeed significant that Homestead Valley has never been exposed to "repeating cycle of interface fire disasters" cited as the reason for declaring it  a "Very High Fire Hazard Severity Zone" . See Ref # 5.

As a result of this newly pronounced fire hazard the California Code precludes all new construction in this zone to be constructed with fire resistive rated materials and methods.  The code required fire resistive rated materials and methods which can not be comparable with the design of existing structures in the new "Very High Fire Hazard Severity Zone". This new requirement which will also require a revision to Tamalpais Areas Community Plan and the County's Residential Design Guidelines. 

In addition the required use of fire resistive rated materials and methods increases the cost of construction.

Although the County is to be commended for being concerned about wildfires per se, it currently does not appear to have taken any public action requiring that federal/state/county  park lands mitigate the wild fire hazard of their flammable vegetation within ½ mile of urban areas that existed prior to becoming federal/state/county  park lands. Requiring federal/state/county park lands to remove non-native vegetation and install fire breaks within this ½ mile separation zone, most likely, is the most environmentally friendly and publicly/privately economic cost effective mitigating action. And it would allow the design character of the urban areas adjacent to parklands to be preserved.

As an example of the negative financial impact of the new county's WUI map "Very High Fire Hazard Severity Zone" (See Ref. 3, 4 &5) on me personally, I recently received a notice (See Ref. #1) from my Insurance company, Liberty Mutual, that my property unacceptable risk for wildfire due to one or more of the following conditions:

• Close proximity to native and/or non-native flammable vegetation
• Wind patterns relative to brush fuel during typical wildfire , season
• Poor road patterns for firefighting/emergency response equipment

See Ref. # 2, 3, 4 and 5 for definition of terms used.

I find this to be incredible as there have been no wildfires recorded in Homestead Valley or on any of its surrounding ridgelines, hills or in the adjacent Golden Gate National Recreation parklands since 1843 when a Spanish land grant for Saucelito Rancho was first granted.

And the conditions noted above do not apply to Homestead Valley's environs as:

• Non-flammable native and/or non-native vegetation in Homestead Valley and its environs is composed primarily of evergreen non-flammable Live and Tan oak, Northern California Bay, Madrone, Toyon, Acacia, Wild Plum. Isolated groves and individual clusters of Coast Oak, Redwoods and Eucalyptus do exist but not to the same extent as on Mt. Tamalpais or in Oakland. Homestead Valley homeowners and use of CSA 14 funds have removed groves of Eucalyptus and acres of French and Scotch Broom in Homestead Valley and maintain fire breaks on existing paper streets. I'm currently paying +/- $250 per year for a CSA 14 bond issue to reduce wildfire hazards in Homestead Valley.  The new county's WUI map does not recognize any of these local and privately supported fire preventive measures. 
• Prevailing July – August  South – South East wind patterns  blow from developed Homestead Valley and its environs toward the Golden Gate National Recreation parklands which is also composed of  non-flammable vegetation.
• Homestead Valley's road patterns conform  to Southern Marin Fire Department minimum standards which can not be deemed "poor"

I spoke with a representative of Liberty Mutual who informed me that based on Marin County's Wild land-Urban Interface (WUI) map, See Ref. 2) their insured properties in the City of Mill Valley and in Homestead Valley located in the new "Very High Fire Hazard Severity Zone" would not have their policies renewed.

Best regards,

Charles

References:

REF: # 1: Copy of standard form letter from Liberty Mutual Fire Insurance Co.'s   that my Fire Insurance will not be renewed:

"RE: Policy Number H32-268-578604-407

Location Address: 12 Madrone Park Circle

Mill Valley CA 94941-1429

Expiration Date:  4/29/2011

Dear Charles Sands,

We are writing to notify you that the property listed above poses an unacceptable risk for

wildfire due to one or more of the following conditions:

• Close proximity to native and/or non-native vegetation
• Wind patterns relative to brush fuel during typical wildfire season
• Poor road patterns for firefighting/emergency response equipment

Due to this wildfire risk, the policy listed above will not be renewed effective 12:01 AM on 4/29/2011.

REF: # 2: Definition of wildfire.

A wildfire is any uncontrolled fire in combustible vegetation that occurs in the countryside or a wilderness area.[1][2] Other names such as brush fire, bushfire, forest fire, grass fire, hill fire, peat fire, vegetation fire, veldfire and wild land fire may be used to describe the same phenomenon depending on the type of vegetation being burned. A wildfire differs from other fires by its extensive size, the speed at which it can spread out from its original source, its potential to change direction unexpectedly, and its ability to jump gaps such as roads, rivers and fire breaks.[3] Wildfires are characterized in terms of the cause of ignition, their physical properties such as speed of propagation, the combustible material present, and the effect of weather on the fire.[4]

REF: # 3: Definition of Wild land-Urban Interface.

A wild land-urban interface (WUI) refers to the zone of transition between unoccupied land and human development. Communities that are within 0.5 miles (0.80 km) of the zone may also be included. These lands and communities adjacent to and surrounded by wild lands are at risk of wildfires.

REF: # 4   High Fire Hazard Severity Zones (FHSZ)
The existing FHSZ maps are being updated pursuant to Public Resources Code Sections 4201 – 4204 and Government Code Sections 51175 – 51189. CAL FIRE completed the public hearings for the adoption of Fire Hazard Severity Zones (FHSZ) for those areas of California where the state has fiscal responsibility for wild land fire protection, known as State Responsibility Areas (SRA). CAL FIRE's intent is to complete the SRA FHSZ adoption by December, 2007.

LOCAL VHFHSZ MAPS
CAL FIRE is preparing recommendations for Very High Fire Hazard Severity Zones (VHFHSZ) in those areas where local government agencies have Local Responsibility Areas (LRA) and will transmit those recommendations to local agencies in early 2008. During the fire hazard severity zone hearing for SRA, several local government officials asked for clarification of authorities and responsibilities associated with the adoption of these LRA VHFHSZ recommendations. Basic authorities and responsibilities for the LRA VHFHSZ are found in Government Code Sections 51175 – 51189. The purpose of this Government Code chapter is to classify lands in accordance with whether a very high fire hazard severity is present so that public officials are able to identify measures that will mitigate the rate of spread, and reduce the potential intensity of uncontrolled fires that threaten to destroy resources, life, or property, and to require that those measures be taken.

RESPONSIBILITIES
The Government Code chapter defines responsibilities for CAL FIRE and for the local agency. In summary, Section 51178 and 51181 defines the CAL FIRE Director's responsibility to identify very high fire hazard severity zones, transmit this information to local agencies, and to periodically review the recommendations. In part, Section 51178.5 and 51179 defines the local agency's responsibility to make the recommendation available for public review and to designate, by ordinance, very high fire hazard severity zones in its jurisdiction. CAL FIRE is taking additional steps to ensure that the recommended very high fire hazard severity zones are as accurate as possible. Draft copies of the proposed VHFHSZ have been under field review and validation since January, 2007. An updated draft LRA recommendation was available this fall, 2007. This update will also reflect the comments received during the SRA FHSZ public hearings that may impact LRA zones.

LOCAL GOVERNMENT CONTACTS
Unit level CAL FIRE staff has been instructed to assist local agencies in the review of the draft map recommendations. In addition to the very high fire hazard severity maps, CAL FIRE has mapped high and moderate fire hazard severity areas. This additional information will be made available to local agencies as part of the draft data and then upon request subsequent to the Director's recommendation. The California Constitution grants basic authority for local agencies to adopt ordinances. This constitutional authority can be used to adopt high and/or moderate fire hazard severity areas or other wild land urban interface areas within the local jurisdiction. CAL FIRE Local Units also can address issues regarding the Chapter 7A standards. Health and Safety Code 13108.5 © and GC 51179 (b) provide insight on flexibility local agencies may have to modify fire protection building standards and defensible space requirements once VHFHSZs are adopted, based on local findings. While these sections of law do not provide exemptions for adopting the maps, they may provide authority to exclude fire protection requirements otherwise triggered by the map designations. The regulations contained in CBC Chapter 7A will be mandatory in SRA FHSZ until January 1, 2008 and by July 1, 2008 for LRA FHSZ, but voluntary and there will be a higher understanding that any new building constructed in a Wild land-Urban Interface Fire Area will be designed and constructed with the intent of lessening the vulnerability of a building to resist the intrusion of flames and burning embers projected during a conflagration or wildfire.

REF: # 5:  Wild land-Urban Interface Fire Area Building Standards

The broad objective of the Wild land-Urban Interface Fire Area Building Standards is to establish minimum standards for materials and material assemblies and provide a reasonable level of exterior wildfire exposure protection for buildings in Wild land-Urban Interface Fire Areas. The use of ignition resistant materials and design to resist the intrusion of flame or burning embers projected by a vegetation fire (wildfire exposure) will prove to be the most prudent effort California has made to try and mitigate the losses resulting from our repeating cycle of interface fire disasters. The California Department of Forestry and Fire Protection (CAL FIRE) and the Office of the State Fire Marshal (OSFM) revised the mandatory effective date for those areas where local government has responsibility for wild land fire protection (LRA) to July 1, 2008, to enable local government agencies more time to review and accept the fire hazard severity zone maps that will be presented to them formally after the new year.