SAFETY ELEMENT REVIEW -
FIRE PROTECTION
(Excerpts from Public Resources Code)
Chapter 1. Prevention and Control of Fires
Article 3. Responsibility for Fire Protection
700. As used in this chapter:
(a) "Board" means the State Board of Forestry.
(b) "Department" means the Department of Forestry and Fire Protection.
(c) "Director" means the Director of Forestry and Fire Protection.
(Amended by Stats. 1988, Ch. 160.)
4125. The board shall classify all lands within the state, without
regard to any classification of lands made by or for
any federal agency or purpose, for the purpose of determining areas in which
the financial responsibility of
preventing and suppressing fires is primarily the responsibility of the
state. The prevention and suppression of
fires in all areas which are not so classified is primarily the responsibility
of local or federal agencies, as the case
may be.
(Added by Stats. 1965, Ch. 1144.)
4128.5. (a) It is the intent of the Legislature that decisions affecting
the use of land in state responsibility areas result
in land uses which protect life, property, and natural resources from unreasonable
risks associated with wild land
fires.
(b) At least 90 days prior to the adoption or amendment to the safety element
of its general plan, the planning
agency of each county which contains state responsibility areas shall submit
the draft element or draft amendment
to the board and to every local agency which provides fire protection to
unincorporated territory in the county.
The board shall, and a local agency may, review the draft and report it
written recommendations to the planning
agency within 60 days of its receipt of the draft. The board and local agency
shall review the draft for consistency
with the intent of this section. The board and local agency may offer written
recommendations for changes to the
draft which would make the draft consistent with the intent of this section.
(c) Prior to the adoption of its draft element or draft amendment, the board
of supervisors of the county shall
consider the recommendations made by the board and any local agency which
provides fire protection to
unincorporated territory in the county. If the board of supervisors determines
not to accept all or some of the
recommendations, if any, made by the board or local agency, the board of
supervisors shall communicate in
writing to the board or local agency its reasons for not accepting the recommendations.
The communication shall
explain how its decisions affecting the uses of land and policies in state
responsibility areas will protect lives,
property, and natural resources from unreasonable risks associated with
wild land fires.
(d) If the board's or local agency's recommendations are not available within
the time limits set by this section, the board of supervisors may act without them. The board of supervisors
shall take the recommendations into
consideration at the next time it considers future amendments to the safety
element.
(Added by Stats. 1989, Ch. 778.)
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