December 17, 2024
City Council
DATE: December 17, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Council Member Soheila Bana
Council Member Gayle McLaughlin (co-sponsor)
Subject:
Amending the Richmond Municipal Code to Include
Wildfire Hardening in Real Property Transfer Tax
Exceptions
FINANCIAL IMPACT: To be determined , as a fiscal analysis will be needed to calculate the estimated uptake rate and potential
reductions in fire damage costs; in addition to staff time of the City’s Building Department in collaboration with the Fire Marshal’s office to manage the rebate program. Public outreach campaigns will ensure residents are informed
about the program and its benefits.
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
Wildfire hardening reduces vulnerability by replacing
combustible materials with fire-resistant ones and blocking potential ember ingress points. Such measures are critical to safeguard Richmond's neighborhoods near wildfire -
prone areas.
RECOMMENDED ACTION:
DIRECT the City Attorney’s Office to draft an ordinance to amend the Richmond Municipal Code, Real Property
Transfer Tax Exceptions, to include a rebate for "wildfire hardening" expenses, encouraging prope rty owners to
implement proven fire prevention measures -
Councilmembers Soheila Bana (510-672-3490) and Gayle
McLaughlin (510-620-6636).
AGENDA
REPORT
December 17, 2024
DISCUSSION:
Richmond faces significant wildfire risk due to its proximity to high fire hazard severity zones and vegetation density. Climate change has exacerbated the frequency and intensity of wildfires, increasing the urgency of preventive action. Like seismic retrofitting, wildfire hardening enhances the safety and resilience of structures, reducing the risk of structural ignition during wildfires.
Wildfire hardening reduces vulnerability by replacing combustible materials with fire - resistant ones and blocking potential ember ingress points. Such measures are critical in Richmond's neighborhoods near wildfire -prone areas. Incentivizing home hardening will help prevent wildfires from jumping from home to home protecting neighborhoods and also ensuring the safety of our firefighters.
Wildfire hardening includes but is not limited to:
1. Class-A Fire Rated Roof Assembly
2. Clearing combustible materials including fences and gates, and any and all movable combustible objects, from the area within five (5) feet of the building being evaluated (Replace with only noncombustible materials.).
3. At least six (6) inches of noncombustible vertical clearance at the bottom of the exterior surface of the building, measured from the ground up.
4. Fire-Resistant Vents and Gutter Covers of 1/16 to 1/8 inch noncombustible, corrosion- resistant metal mesh or OSFM Category 8165 approved ember resistant vents.
5. Multi-paned windows, including dual pane windows, or functional shutters, which when closed, cover the entire window and do not have openings.
6. Enclosed eaves.
7. Remove combustible materials and debris from under decks an d installation of non - combustible siding or ember resistant mesh of 1/8” or finer around deck perimeter.
8. Removal or absence of combustible structures, including sheds and other outbuildings, from the area within thirty (30) feet of the building being ev aluated or, in the event that the applicant does not control the entirety of the area extending thirty feet from the building being evaluated, removal of combustible structures from as much of such area as is under the control of the applicant.
9. Block spaces between roof covering and sheathing with noncombustible materials (bird stops).
10. The property upon which the building being evaluated is situated complies with Section 4291 of the Public Resources Code, and any applicable local ordinances, governing defensible space.
December 17, 2024
11. Any other work found by the Building Official or Fire Marshal (or their designee) to substantially increase the capability a structure to withstand destruction or damage in the event of a wildfire.
The proposed ordinance amendment would allow a rebate of up to one -third of the transfer tax paid, contingent on the completion of qualified wildfire hardening improvements, as determined by Richmond’s Building Official or Fire Marshal in conformance with California Building Code, Chapter 7A.
The proposed ordinance should include:
1. Eligibility: Expenses for wildfire hardening measures within one year before or after property transfer.
2. Qualified Measures: Examples include Class -A fire-rated roofs, ember-resistant vents, fire-resistant windows, and defensible space compliance.
3. Maximum Rebate: Up to one thirds of the transfer tax per property.
4. Compliance: Adherence to California Building Code Chapter 7A and local fire safety standards.
This proposal is modeled after Berkeley’s ordinance and the East Bay Wildfire Coalition encourages cities in the coalition to a adopt similar ordinance. It also aligns and supports Richmond’s strategic goals of enhancing public safety, promoting environmental sustainability, and improving resilience against natural disasters. By incentivizing wildfire hardening through transfer tax rebates, Richmond can encourage property owners to adopt critical measures that protect lives, property, and natural resources.
DOCUMENTS ATTACHED:
Attachment 1 – City of Berkeley’s Amending BMC 7.52.060 to include “Wildfire Hardening” in the Real Property Transfer Tax Exceptions Attachment 2 – California Building Code Chapter 7A Reference Attachment 3 – Summary of "Safer from Wildfires" Framework (Spanish, Mandarin, English)