DEFENSIBLE SPACE INSPECTIONS - ASSEMBLY BILL 38 (AB-38)
AB-38 Defensible Space Inspections and Compliance Reports for Real Estate Transactions in High or Very High Fire Hazard Severity Zone.
What is required by AB-38:
On or after July 1, 2021, when selling a residential property in a High or Very High Fire Hazard Severity Zone (FHSZ), documentation of a compliant Defensible Space Inspection (DSI) is required. Please note that the AB-38 provisions are for real estate transaction disclosure and documentation only.
Is my property located within the jurisdictional responsibility of the North County Fire Protection District?
The North County Fire Protection District (NCFPD) is responsible for inspections of properties in the community of Fallbrook.
If the property in question is not within the jurisdictional boundaries of NCFPD, STOP. Do not complete the Contact Us Form. Please go to CalFire’s website instead to request an inspection.
How do I determine if the property is located in the State Responsibility Area (SRA) or Local Responsibility Area (LRA) and if in a Fire Hazard Severity Zone?
If the property is within the jurisdictional responsibility of NCFPD, the next step is to determine if it is located within the SRA or the LRA, and if in the High or Very High FHSZ. The following link will help you locate your property and determine SRA or LRA and which FHSZ (if any).
- Calfire FHSZ Viewer: https://egis.fire.ca.gov/FHSZ
This link will show SRA and LRA FHSZ’s. Note: All parcels located within the gray or dark red areas of Fallbrook are in the LRA.
If the property in question is not located in High or Very High FHSZ, STOP. The requirements of AB-38 do not apply.
How do I find my Assessor Parcel Number (APN)?
The APN is required when completing the Contact Us Form. If unaware of the APN, please check the property tax statement, or the Assessors site at: http://gis-portal.sandiegocounty.gov
What is a DSI Compliance Report?
A copy of the completed compliance inspection report that shows proof the property has been inspected and has passed that inspection, within six (6) months prior to entering a sales contract.
How do I request an AB-38 DSI?
To request a DSI for AB-38 compliance, please complete the Contact Us Form
When will the DSI take place?
Once a completed Contact Us Form has been submitted, the Fire Prevention Bureau will contact the requestor normally within 2 to 3 business days to make the DSI appointment. DSI’s are normally conducted during regular business hours 8:00 am to 5:00 pm Monday through Thursday and can take 7 to 10 days from the request date to conduct.
What happens if the property does not pass the inspection?
A deficiency report will be issued indicating the items to be corrected to pass the DSI.
Property owners included in the NCFPD Community Risk Reduction Program will receive a Notice to Abate Fire Hazard each year regardless of any prior AB-38 DSI compliance report.