Assembly Bill 38 (AB-38) - Defensible Space Inspection
What is Assembly Bill 38 (AB-38)?
In California, on and after July 1, 2021, when a parcel with a structure is sold and the parcel is located in a High Fire Hazard Severity Zone (HFHSZ) or Very High Fire Hazard Severity Zone (VHFHSZ), the seller shall provide documentation of a Defensible Space Inspection (DSI) to the buyer demonstrating the AB-38 inspection that complies with the California Public Resource Code (PRC) Section 4291. 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 Authority?
North County Fire Authority (NCFA) is responsible for AB-38 inspections within the city of Pacifica.
How do I determine if the property is located in the Local Responsibility Area (LRA) and if in a Fire Hazard Severity Zone?
If the property is within the City Pacifica, the next step is to determine if it is located within the Moderate or High FHSZ. The following link will help you locate your property and determine which FHSZ (if any).
CalFire FHSZ Viewer: Fire Hazard Severity Zones in State Responsibility Area
This link will show SRA and LRA FHSZ’s.
If your property is not located in High or Very High FHSZ, STOP. You are not subject to the requirements of AB-38.
What is a Defensible Space Inspection (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 the property sale.
Is there a cost for DSI inspections?
Yes, the current fee for AB-38 inspections is $404.00.
When should I request a DSI inspection?
Prior to selling the property.
How do I request a DSI inspection?
1. Verify the parcel is within the City of Pacifica's jurisdiction.
2. Verify that the parcel is located in a High Fire Hazard Severity Zone or Very High Fire Hazard Severity Zone.
3. Contact NCFA Support Staff at (650) 800-6580 to request an AB-38 inspection.
4. Pay Fee.
5. Once the fee is paid, a Fire Inspector will make contact to schedule an inspection.
When will the inspection take place?
The Fire Prevention Bureau will contact the requestor normally within 1 to 2 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 Friday.
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. The inspector will explain what work needs to be completed and schedule another appointment at a later date.
If the property does not meet compliance with PRC 4291 standards, the seller and the buyer shall enter into a written agreement pursuant to which the buyer agrees to obtain documentation of compliance within one year after closing escrow.
