AB 38: Fire Hardening & Defensible Space

Assembly Bill 38 (Chapter 391, Statutes of 2019), codified primarily in Civil Code §1102.6f and Government Code §§51182–51189, is California's landmark wildfire disclosure and compliance law. AB 38 requires sellers of property in designated fire hazard zones to provide buyers with documentation of defensible space compliance and, beginning January 1, 2025, evidence of compliance with fire-hardening building standards for properties in the Wildland-Urban Interface (WUI).

The law applies to properties located in:

• A State Responsibility Area (SRA) designated as a High or Very High Fire Hazard Severity Zone (FHSZ)
• A Local Responsibility Area (LRA) designated as a Very High FHSZ by the local jurisdiction
• Any area identified by CAL FIRE on the Fire Hazard Severity Zone maps (Gov. Code §§51178–51179)

Public Resources Code §4291 requires property owners in SRA and LRA fire hazard zones to maintain defensible space around structures. Defensible space is divided into three zones:

PRC §4291(a)–(d); 14 CCR §§1299.03–1299.04

Beginning January 1, 2025, AB 38 requires sellers to disclose whether the structure complies with fire-hardening building standards under Chapter 7A of the California Building Code (CBC §§706A–710A). Key fire-hardening components include:

• Roofing: Class A fire-rated roof covering (asphalt-fiberglass, concrete tile, metal, clay tile)
• Exterior walls: Non-combustible or ignition-resistant cladding (stucco, fiber cement, masonry)
• Eaves and soffits: Enclosed with non-combustible materials; minimum 1/8-inch mesh vents
• Windows: Dual-pane or tempered glass to resist radiant heat
• Decks and attachments: Non-combustible decking material or ignition-resistant lumber
• Vents: Ember-resistant vents meeting ASTM E2886 standard
• Fencing: Non-combustible fencing within Zone 0 (0–5 feet from structure)

Under Civil Code §1102.6f, the seller must provide the buyer with:

• A statement disclosing whether the property is in an SRA or LRA fire hazard zone
• Documentation of the property's defensible space compliance status (PRC §4291)
• Effective January 1, 2025: A disclosure of the property's compliance with fire-hardening building standards (CBC Chapter 7A)
• A statement that CAL FIRE may conduct defensible space inspections
• Information about the availability of a defensible space inspection from CAL FIRE

The C.A.R. Form FHDS (Fire Hardening and Defensible Space Disclosure and Addendum) is the standard industry form used to satisfy these requirements.

Property owners and prospective buyers may request a free defensible space inspection from CAL FIRE for properties in SRA fire hazard zones. Visit fire.ca.gov/dspace or contact the local CAL FIRE unit. In LRA areas, the local fire department or fire marshal conducts inspections.

Important: A passed defensible space inspection does not constitute a guarantee of fire safety, nor does it satisfy the fire-hardening building standards disclosure requirement, which is a separate obligation under AB 38.

Properties in High and Very High FHSZs face significant challenges in the California homeowner's insurance market. Since 2019, major admitted carriers have non-renewed hundreds of thousands of policies in fire-prone areas. AB 38 was enacted in part to address the insurance crisis by creating incentives for property owners to harden structures and maintain defensible space.

Buyers unable to obtain coverage from an admitted carrier may be eligible for the California FAIR Plan, the state's insurer of last resort.

The Natural Hazard Disclosure (NHD) report discloses whether a property is located in a designated fire hazard severity zone. When the NHD report shows a YES determination for SRA High/Very High FHSZ or LRA Very High FHSZ, the AB 38 disclosure obligations are triggered. The Verity NHD report includes:

• Fire Hazard Severity Zone classification (SRA and LRA layers from CAL FIRE FHSZ maps)
• AB 38 applicability advisory when fire zone determinations are positive
• Defensible Space Zone requirements summary (Zones 0, 1, 2)
• Fire-hardening building standards overview
• CAL FIRE inspection request information
• Local fire agency contact information (when available)

• Civil Code §1102.6f — AB 38 seller disclosure requirements
• Public Resources Code §4291 — Defensible space maintenance requirements
• Government Code §§51178–51189 — Fire Hazard Severity Zone designations
• California Building Code Chapter 7A (§§706A–710A) — Fire-hardening building standards
• 14 CCR §§1299.03–1299.04 — Board of Forestry defensible space regulations
• Government Code §51182 — SRA fire prevention requirements
• Assembly Bill 38 (Chapter 391, Statutes of 2019)
• Senate Bill 63 (2021) — Extended defensible space to Zone 0

• CAL FIRE Defensible Space Inspection: fire.ca.gov/dspace
• CAL FIRE FHSZ Maps: osfm.fire.ca.gov/fire-hazard-severity-zones-maps
• ReadyForWildfire.org — Fire hardening retrofit guidance
• California FAIR Plan: cfpnet.com
• C.A.R. Form FHDS — Available through the California Association of Realtors