California law and the City of Hayward’s Wildland-Urban Interface Code establish defensible space requirements for residential properties exposed to wildfire risk.
Beginning July 1, 2021, California Civil Code Section 1102.19 requires sellers of residential properties in High or Very High Fire Hazard Severity Zones to provide documentation showing that the property complies with applicable defensible space requirements or otherwise satisfy the requirements of state law.
In addition, Hayward Ordinance No. 25-15 designates the area east of Mission Boulevard, from the south side of D Street south to the Union City Boundary, as a Wildland-Urban Interface area. Properties within Hayward’s locally designated Wildland-Urban Interface must comply with applicable defensible space requirements. The Hayward Fire Department evaluates these properties using the same defensible space inspection standards used for AB-38 inspections.
The Hayward Fire Department uses a single inspection process to evaluate covered residential properties within the City of Hayward and the Fairview Fire Protection District for compliance with applicable state and local defensible space requirements.
Check whether your property is in a covered zone
A residential property is covered by this inspection program if it is:
Located in a High or Very High Fire Hazard Severity Zone; or
Located within the City of Hayward’s Wildland Urban Interface.
Use the Fire Hazard Severity Zone Viewer below to determine whether your property is located in a High or Very High Fire Hazard Severity Zone.
Fire Hazard Severity Zone Viewer
Properties within Hayward’s locally designated Wildland-Urban Interface area are covered regardless of the severity zone shown in the viewer above.
If you are uncertain whether your property is covered, contact the Hayward Fire Department at the email address or number listed below.
Request an AB-38 inspection
Property owners and their authorized representatives may request a defensible space inspection through contacting the Fire Inspection office at HaywardFirePermits@hayward-ca.gov. In the email, include the following information:
- Name and email of the homeowner and real estate agent (if applicable)
- Site address of the inspection
The Fire Inspection office will then work with you to establish a time for the defensible inspection and help you formally apply through our online permit portal.
Please submit your request early enough to allow time for the initial inspection, any necessary corrections, and a follow-up inspection. Under state law, documentation provided by a seller generally must have been obtained within the six months preceding the real estate transaction.
The law allows that if the Certificate of Compliance cannot be obtained by the close of escrow, the seller and buyer can enter into a written agreement showing that the buyer agrees to obtain a Certificate of Compliance within one year of the close of the escrow.
What happens after you apply?
A Hayward Fire Department inspector will evaluate the property for compliance with applicable defensible space requirements.
- If the property complies, the Department will issue a Certificate of Compliance to the authorized representative and homeowner.
- If corrections are required, the applicant will receive a list of items that must be addressed before a certificate can be issued. The property will then be reinspected within 14 days of the original inspection date.
The fee for each inspection is $417. A separate $417 fee will be charged for each follow-up inspection.
Questions?
Contact: Fire Administration at FiresafeHFD@hayward-ca.gov or call (510) 583-4930.
