This presentation was given at the September 27 Berkeley Ember Stomp. These are notes from the event. The notes are brief and often simplify a more complex reality: for full details please refer to the Berkeley WUI fire code.
A Quick Introduction
These are presentation notes ONLY. They do not accurately represent the whole WUI code.
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The EMBER ordinance has two main objectives
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Reduce the risk of occurrence of wind-driven structure fires such as Pacific Palisades;
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Reduce property fire risk so that insurance companies are ready to offer fire insurance ( the topic of the next hour’s presentation)
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On paper, the EMBER requirements seem daunting. However, HelpBerkeley offers volunteer, unofficial defensible space and home hardening assessments to help homeowners comply with regulations and prepare for their EMBER inspections by the BFD. Based on our collective experience of 200 volunteer assessments we can say that for the big majority of houses 50 to 60 percent of the work required is a rigorous yard clean up.
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This presentation focuses on all parts of the WUI, starting with houses located in the Very High Fire Hazard Severity Zone (VHFHSZ). The first step is to determine whether your house is in the (VHFHSZ). Go to berkeleyfiresafe.org which is the BFD’s wildfire safety website. On the very first page, there is a tool for determining your location. Type in your address and it will tell you.
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The VHFHSZ is further divided for mitigation purposes. The area including both sides of Grizzly Peak and extending east to Tilden Park is the Grizzly Peak Mitigation Area (GPMA). The Panoramic Hill Area above the stadium is the Panoramic Hill Mitigation Area (PHMA). The BFD locator tool also tells you if you are in the GPMA or the PHMA.
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The WUI fire code, in Berkeley and in all of California, discusses 3 concentric zones around your home, named Zone 0, Zone 1 and Zone 2. We will discuss the code requirements for these Zones in order of proximity to your home.
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We will discuss exactly where the Berkeley WUI code applies, and where the new State WUI Code may, if at all, apply.
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Wildfire Adaptation Plans: we will explain how you can request more time to comply by scheduling an inspection at the same time as your file a request for a Wildfire Adaptation Plan.
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Wildfire Alternate Means and Methods Request (WAMMR): we will explain how you may, in some cases, retain a precious shrub within Zone 0 by filing a request for a variance with BFD. Do note that A WAMMR requires you to show how you would achieve the same degree of fire safety that removing the plant would achieve.
Where the WUI Fire Code Applies
| Defensible Space Compliance Summary | Zone 0 | Zone 1 | Zone 2 | WUI Building Code |
|---|---|---|---|---|
| Grizzly Peak & Panoramic Hill | Required | Required | Required | Required for new construction |
| Very High Fire Hazard Severity | Recommended, State Zone 0 soon? | Required | Required | Required for new construction |
| High Fire Hazard Severity | Recommended | Recommended, required for new construction | Recommended, required for new construction | Required for new construction |
Berkeley Zone 0 - the most controversial requirement
Italicized points were not discussed in the presentation.
Zone 0 requirements are the easiest to understand but typically the most painful to apply. The Berkeley Zone 0 requirements currently only apply to the GPMA and the PHMA. Separate State Zone 0 requirements that may apply in the rest of the VHFHSZ are discussed later.
Measuring Zone 0
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Zone 0 extends 5 ft in every direction from every structure.
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Zone zero is measured from the base of the walls, posts, or attached deck(s) of the structure
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If there are posts supporting a structure, Zone 0 includes a 5 ft radius around these posts
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Zone 0 is measured from the base of the wall and is not measured from the drip line of the roof or from cantilevered portions of the structure more than four feet above the ground.
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Attached combustible decks, landings, or stairs are considered a part of the structure for the purpose of measuring Zone 0.
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Outbuildings (i.e. structures less than 120 square feet in size and not used for human habitation) in Zone 0 have special rules.
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If constructed to WUI CA Building Code per (previously Chapter 7A of the building code (i.e. built to code after 07/01/2008) and therefore difficult to ignite) are considered part of the structure for the purpose of measuring Zone 0.
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Outbuildings not built in compliance with the WUI Code or Chapter 7A of the building code and other immovable combustible outbuildings and accessories such as pergolas that are partially in the Zone 0 of a primary structure may be considered part of that structure upon request of a resident through the WAMMR process (discussed later) and with the approval of the Berkeley Fire Department. In these cases, Zone 0 measurements will be from the edge of the accessory structure.
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Without a WAMMR, outbuildings must be removed from Zone 0
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Hot tubs may be installed within Zone 0, and are considered a part of the structure for the purpose of measuring Zone 0.
Mitigation Requirements for Berkeley Zone 0
Vegetation
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Maintain all areas within five (5) horizontal feet of any structure, outbuildings, attached deck or stairs, and the area under attached decks and stairs free of vegetative and non-vegetative combustible material.
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Remove all vegetation debris from roof (including over and under solar panels), gutters, and all attached structures such as deck, patios or pergolas
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Remove all vegetation debris from Zone 0, including firewood, leaves, needles, dead or dying brush, shrubs or trees
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Remove all wood mulch from Zone 0
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Remove all vegetative ground cover, brush, shrubs & vines within Zone 0
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Woody multi-trunk plants are all considered shrubs
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Shrubs with a few large trunks that are pruned and limbed like trees may be considered trees for this purpose
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Mature trees are allowed in Zone 0 as long as they meet special pruning requirements.
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Twigs and foliage, when under the roof line, remain at least 5 ft away from the walls or sides of a structure
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Twigs and foliage, when over the roof line, remain at least 6 ft above the roof portion underneath or closest to them, or above attached decks, attached, landing or stairs, and hot tubs within 5’ of a structure.
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They are pruned to at least 6 ft, or ⅓ of their total height if lower than 15 feet
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Exception: trees integrated into a deck must maintain 5 feet horizontal separation from the adjacent structure and branches must be 6 feet above deck.
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In all cases, their limbs must be more than 10 ft away from the outlets of chimneys or stovepipes
Combustible non-vegetation materials
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No non-vegetative combustible materials can be stored in Zone 0. This category is very broad. If it can burn, it has got to go. This includes but is not limited to combustible material such as:
- construction material, combustible boards, timbers, firewood, debris, synthetic lawn, cardboard, wood mulch products, combustible furniture, playsets, plastic trash and recycle cans, accumulated household materials, trellises, shade coverings, planters, privacy walls, boats, RVs, leaves, needles, dead or dying brush, shrubs or trees, firewood and other material that could be ignited by embers, radiant heat, or direct flame.
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The area under attached decks and stairs must remain free of combustible material of any kind, live or dead, regardless of distance from the structure walls.
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Relocate garbage and recycling containers outside this zone (> 5 ft) or keep them in your garage. Always remove from Zone 0 during fire weather.
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Hardscape materials, such as gravel, pavers, concrete, and other noncombustible materials, including bare mineral soil, are permitted.
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Potted plants are permitted in Zone 0 subject to certain requirements. All dead or dying material on, around and under the plants is removed.
Fences and gates
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Existing combustible fences or gates that are not parallel to a structure within Zone 0 must be removed
- When they are perpendicular to a structure and within Zone 0, they shall have a five foot (5 ft) non-combustible span at or nearest the point of attachment.
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Existing combustible fences or gates that are parallel to a structure may be retained
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After the effective date of this regulation, no new or replacement sections of combustible fence or gate are permitted within 5 feet of a building or structure, including within 5 feet of an attached deck, whether connecting or parallel.
Strongly recommended actions in Zone 0
The following items are strongly recommended but not required by the Fire Code.
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Cover structure attic, soffit, and crawlspace vents using metal mesh of ⅛” or less to prevent ingress of burning embers
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Install ⅛” or finer metal mesh or other non-combustible siding to enclose decks and overhangs that are four feet or less from the ground, and around deck openings to prevent debris and ember collection.
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Replace all plastic gutters with metal
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Install metal gutter guards mesh on all gutters to prevent debris and ember collection and prevent ember ignition.
Gutter guards and vent mesh are available at no cost from the City of Berkeley.
Zones 1 and 2
As a reminder, Zone 1 and Zone 2 requirements apply to
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All properties in the VHFHSZ that are not part of the GPMA and PHMA
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All new construction in the WUI
Measuring Zone 1 and 2
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Zone 1
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In the mitigation areas, Zone 1 is 5 to 30 feet from all structures
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In the rest of the WUI, right now Zone 1 is 0 to 30 feet from all structures
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Zone 2 is 30 to 100 feet from all structures
Special consideration for shrubs
- Shrubs with few large trunks that are pruned and limbed like trees may be considered trees for the purpose of managing defensible space in Zone 1 and Zone 2
Required actions for both Zones 1 and Zone 2
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Remove all dead and dying vegetation and all combustible waste
- Dead or dying trees and shrubs, palm fronds, branches, vegetation cut through pruning, etc.
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Cut annual grasses and forbs to 4” or less before they start dying out
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Limb trees at least 6 ft up from the ground (or at least ⅓ of their height if they are less than 15 ft high), and 3x the height of understory vegetation (whatever is greater)
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Prune trees along roadways to maintain 13 ft. 6 in. of vertical clearance for emergency vehicles
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Manage all vegetation in Zone 1 and Zone 2 according to four possible methods, to be used in distinct areas separated by fuel breaks.
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BFD may require removal of more combustible material when they believe it may transmit fire to a structure.
Strongly recommended actions for both Zones 1 and Zone 2
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Clear all non-vegetation combustible material
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Dilapidated lawn furniture, plastic or cardboard boxes, doormats, broken tools, unused flower boxes, damaged awnings, sun umbrellas, etc.
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Note: Awnings and sun umbrellas in Zone 1 and over Zone 0 are hazardous.
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Wood mulch is not recommended but allowed, to a depth of no more than 3”.
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Break it up with paths and other designs to allow no more than 10’ of contiguous mulch in any direction
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Avoid mulch that will be blown, such as Shredded Redwood or Shredded Western Red Cedar (“Gorilla Hair mulch”).
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Hedges in Zone 1 and Zone 2 (summary of other sections)
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Hedges made of contiguous shrubs (not limbed up or each with many trunks) are Shrub Islands
- Limited to 10 ft
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Hedges made of trees with continuous canopy may be of any length
- Must be limbed up to 6ft ( or 1/3 of height if less than 15 ft)
Required actions for Zone 1 only
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All accessory structures (3 max) on the same property must be spaced at least 10 feet apart
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Relocate exposed firewood piles or lumber further than zone 1, unless fully covered by approved fire-resistant covering
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Remove all contiguous vegetation without adequate horizontal or vertical fuel separation to prevent spread to structures.
Strongly Recommended Actions for Zone 1 only
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Remove trees, shrubs & grasses with closed architecture, dead material, and volatile oils, such as Italian Cypress, Acacia, Eucalyptus, Pine, Thuja Juniper, Bamboo, Rosemary, Pampas & Jubuta Grass, Scotch, Spanish and French Broom, Gorse.
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Thin or remove heavy vegetation closest to the structure
Required actions for Zone 2 only
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Exposed lumber piles to be surrounded by at least 10 ft of non-combustible material (bare soil OK) in all directions.
- Or enclosed in an ember-resistant container/ cover.
The Four Methods
The purpose of all these methods is to prevent fire that is running on the ground from climbing into the canopy and creating a dangerous canopy fire. Shrubs (and understory) are the danger, because the fire always starts on the ground. Contrary to popular belief, in our landscape embers generally do not start fires in canopies.
These four methods are four different allowable ways to minimize the danger of bringing fire up into the canopy. They were defined by CalFire in 2006.
“Continuous Canopy”
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No limit on trees: keep every tree
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pruned to 6’ up
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all canopies mixed with each other
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But no shrubs: no understory except for ground cover up to 4”
“Fuel Separation”
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Only one tree at a time, separated from any other tree by a 10 ft buffer measured canopy to canopy (or more, depending on slope)
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But we can keep the understory, as long as the tree is pruned to 3 times the height of the understory
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Shrubs must be separated by a multiple of their height from other shrubs, depending on slope
“Tree Islands”
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It is an exception from the fuel separation rule: we can keep up to a circle of 10 ft in diameter of all trees with their understory (to their combined canopy edges)
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But—-the Tree Island must be separated from all other vegetation by a 10 ft buffer
“Shrub Islands”
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It is an exception from the fuel separation rule: we can keep up to a circle of 10 ft in diameter made up of all shrubs (10 ft to their canopy edges).
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But—-the Shrub Island must be separated from all other vegetation by a 10 ft buffer
Separating the four methods
The purpose of this separation is to prevent fire on the ground from easily running across the whole property from side to side.
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Method application areas should be separated by 10-ft buffer zones (or more)
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Buffer zones may include some herbaceous perennials
CA Board Of Forestry Emergency Regulations
They may possibly apply in Berkeley Very High Hazard Severity Zone outside the Mitigation Areas.
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The California Board of Forestry (BOF) is in the process of issuing emergency regulations that might apply in Berkeley to the VHFHSZ areas that are outside of the GPMA and PHMA.
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Their existing regulations for Zones 1 and 2 DO NOT APPLY to Berkeley
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Their new Zone 0 regulations are somewhat less strict than Berkeley’s.
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If the regulations become final, and if the City Council does not decide otherwise
- Berkeley residents outside the GPMA and PHMA will be required to implement at least the minimum BOF regulations.
It should be noted that the BOF guidelines are a political compromise with wealthy property owners in Southern California who finance the political campaigns of top democrats. They are not based on any science that shows that they offer protection to structures from Ember fires.
Equally important, insurance companies have clearly signaled that they do not think that the BOF guidelines reduce fire risk and will not insure houses that only meet the BOF guidelines.
HelpBerkeley and Creston Firewise strongly recommend that property owners work toward compliance with Berkeley’s EMBER regulations for Zone 0 even if they are outside the GPMA and the PHMA.
Wildfire Adaptation Plans
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Once you have an inspection and violations have been identified, you have 60 days to clear the evaluation.
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HOWEVER
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If you know that you will need several years (up to 3 total) to comply with the Berkeley WUI code
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You may file a Wildfire Adaptation Plan request
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Listing the work you will do each year
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Providing that you complete the first year’s worth of work prior to your first inspection
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Providing that the work is balanced across all years (no backloading)
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You must schedule your 2026 inspection at the same time as you file your Wildfire Adaptation Plan
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BFD must approve your Wildfire Adaptation Plan for it to be valid
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So long as you are on schedule, no citations will be issued
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BFD is preparing an online form allowing you to file a Wildfire Adaptation Plan directly online (to be continued…)
WAMMR: Wildfire Alternate Means and Methods Request
What is is: a request for variance with equivalent level of protection
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You may have a specific plant or tree in Zone 0 you would like to keep
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You may be able to submit a WAMMR requesting BFD approval
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You must show how you would achieve the same degree of fire safety that removing the plant would achieve
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Each case is unique
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BFD may grant it if it believes you are achieving the same risk level
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Or ask for further modifications
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Or turn it down
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Example from an existing WAMMR
Please note that there is no guarantee that YOUR instance would be granted, even if largely similar—it is all in the details.
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Mature Japanese maple in Zone 0
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It is not near a single pane window
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It has an open architecture: it is not dense—you can throw a tennis ball through it
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It is pruned so that foliage is not right against the siding.
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It is greater than 6 ft, and pruned to at least ⅓ the height of the tree
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No ground fuels are growing beneath the tree in Zone 0.
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Shrubs in Zone 1, beyond 5 feet from the drip line, have horizontal separation of at least two times their height from the edge of the tree canopy.
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Homeowner agrees to maintain a perimeter 5 feet from the drip line of the tree bereft of any combustibles and vegetation
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Homeowner agrees to maintain the environment mentioned in these conditions in the tree and its environment as is, free of dead material, and clear all tree litter or accumulated debris.