When is the Annual Exterior Hazard Compliance deadline?
The deadline is May 31 of every year for annual grasses.   Assessments and Administrative Citations will begin on June 1.   Please review the Abatement Requirements to prepare for the deadline.  

What is the required distance that a bush/decorative plants should be from my house?
It is required that plantings within 2’ of a house or structure there is at least 1’ air gap between the ground and lower portions of bushes, decorative plants, etc.

Can I have combustible ground cover, such as mulch and bark, within 2’ of my house?
No. The fire code bans the use of combustible ground cover within 2’ of structures. Non-combustible ground cover such as aggregate (gravel), decorative rock, bare soil, or specific plants may be used. List of approved ground cover plants. 

What trees are banned from being within 5’ of my home?
The fire code requires the removal of Eucalyptus and Monterey Pine within 5’, measured horizontally, of structures.

What plants must be removed from the roadside?  
Juniper and Bamboo must be removed within 10’ of a road by the end of 2023.

How high must my tree branches be above my roof?
The vertical clearance for trees above a roof is 6’.

How much clearance must there be between the ground and the lowest branches of my trees?
The vertical clearance from the ground/surface fuels to the lowest branch must be 6’.

What if my tree is less than 6’ tall?
Mature trees are required to be limbed to create a 6 foot vertical gap between the ground and the tree canopy. Non-mature or shorter landscape style trees can be limbed to 1/3 the height of the tree (9’ tall tree would be limbed to 3 feet).

Does MOFD perform individual wildfire risk assessment?
No.  A minimum of 8 individual single-family dwelling units are required to request a neighborhood fire risk assessment.  Neighborhoods are strongly encouraged to consider becoming a NFPA Firewise USA® community. Information on how to become NFPA Firewise USA®.

How do I submit an exterior hazard concern or complaint?
All hazard concerns and vegetation complaints MUST be submitted online.   You can submit hazard concerns through our online portal.

Who is responsible for cutting branches that are overhanging onto my neighbor’s property?
The owner of the tree has a duty to comply with the fire code and maintain the tree in a safe manner. The neighbor has the right to trim branches that are overhanging onto their property but is not required to do so.

Who do I call if I have a question regarding the removal of a tree from my property?
Call your local city planning department.  When is the best time to perform yard maintenance to minimize the risk of fire during high heat? Early in the day, before 10:00 am, when the weather is cool and humidity is higher.

Should I use power tools in dry grass or vegetation during Red Flag Warning Day?
Using power tools in dry grass or vegetation is very dangerous. The fire code requires that there be a water source at the site where the work is going to happen. A garden hose with the water turned on is an acceptable water source. The District does not recommend performing such work on Red Flag Day or during periods of high heat. Several large vegetation fires in the district have been caused by late season fuel mitigation work using power tools in dry grass in the last 2 years.

How do I know if I live in a high fire severity zone and how do I determine what zone I live in?
Fire Hazard Severity Zones are determined by CAL FIRE. You can visit the website. Click on the Binoculars Icon and enter the address.

Does MOFD offer aerial drone assessments?
No

As a Realtor, am I personally obligated to obtain fire code compliance from MOFD prior to real property transfers?
No.  It is the seller’s responsibility to obtain and provide compliance documentation to the buyer.  MOFD Fire Code spec ifically requires that the seller provide to the buyer proof of compliance. Similar language is used in AB38, Section 3, Section 1102.19:  As a courtesy, MOFD has provided a link on our website for Realtors to assist their clients. Click here to access the Realtor Link.  

Any resident can self-report compliance with the fire code. There is no charge for this service.  Self- reported compliance meets the fire code requirements for proof of compliance.

Have more questions not listed on our FAQ? 
Check out these other important links and information on our Hazardous Wildfire Fuels Reduction Program webpage.  There you will find other important links and lots of great information to help keep you and the community fire safe.  Information includes:

• Quick informational "how-to" videos 
• “Be Ember Aware” publication
• Diablo Firesafe Council
• Fire Causes & Risks-NFPA Firewise USA® program
• Fire Resistant Ground Cover
• Firescape Landscaping to Reduce Fire Hazard
• Lamorinda Residents Guide to Wildfire Preparedness and Evacuation
• One Less Spark
• Prohibited Plant List
• Ready for Wildfire
• Weed Abatement Contractor List
• Wildfire disaster safety

If you have a question that you feel would be beneficial to add to our FAQ, please click on the Feedback link above.

Is there a fire code that addresses fire hydrants?

• 507.5.4 Obstruction. Unobstructed access to fire hydrants shall be maintained at all times. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants.
• 507.5.5 Clear space around hydrants. A 3-foot (914mm) clear space shall be maintained round the circumference of fire hydrants, except as otherwise required or approved.
• 507.5.6 Physical protection. Where fire hydrants are subject to impact by a motor vehicle, guard posts or other approved means shall comply with Section 312.

Whom do I contact if I have questions about fire hydrants or want to report a leaking hydrant?
Contact EBMUD at 866-403-2683 or webpage.   Privately owned hydrants are maintained by the owner, however it is best practice to contact EBMUD to ensure the hydrant is connected to the system.

Is there a fire code that addresses the use of an open fire pit?
Section 307 of the 2022 California Fire Code addresses "open burning, recreation fire and portable outdoor fireplaces." You can only burn a campfire or fire pit if it is a burn day determine by the Bay Area Air Quality Management.  For more info, contact Bay Area Air Quality Management at 800-334-ODOR.  We do not encourage open campfires during fire season, and they are prohibited during a burn ban.

Decorative or propane-type fire pits have to be 50 feet from a structure.  All vegetation must be cleared immediately surrounding the area down to the bare mineral soil with a 5-feet radius. Please follow the manufacturer's instructions.

MOFD Ordinance 20-03 established a burn ban which prohibits open fires during declared fire danger periods.  Visit our burn ban status webpage for a status update.  

Is there a fire code that addresses the use of outdoor fire grills?
Yes.  308.1.4 Open-flame cooking devices.  Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048mm) of combustible construction.   

Exceptions:

1. One- and two-family dwellings.
2. Where buildings, balconies and decks are protected by an automatic sprinkler system.
3. LP-gas cooking devices having LP-gas container with a water capacity not greater than 21/2 pounds [nominal 1 pound (0.454 kg) LP-gas capacity].

Can I barbecue during Red Flag Warning or Burn Ban Day?
Yes, you can barbecue but it is not encouraged.

What if my neighbor is burning material creating noxious smoke and burning during Spare the Air days? 
MOFD does not have authority to enforce these violations, and complaints must be made directly to Bay Area Quality Management District 800-334-ODOR.

What are the general safeguards for generators?

How do I store gasoline used for my generator? 
Follow manufacturer’s recommendations. Gas should be stored in an approved storage container. Gas should not be stored in the home.

Where can I find the complete Fire Code?
MOFD only posts local amendments to the fire code. The fire code is several thousand pages. You can purchase a copy by visiting the International Code Council website. 

What are the requirements fuel mitigation fire compliance prior to the sale or real property transfer?
The Moraga-Orinda Defensible Space and Exterior Hazard Abatement Ordinance 23-03, Section 5 states: Before the close of escrow on the sale of any Parcel within the Fire District, the seller shall provide to the buyer documentation from the Fire Code Official stating that the property is currently in compliance with the fuel mitigation requirements of this Ordinance 23-03 and the fuel break requirements of Ordinance 23-04 or its successor ordinance. The Fire Code Official shall have the discretion to accept alternate means and measures to achieve compliance if completion of the required work will delay the sale or transfer of the property.

As a Realtor, am I personally obligated to obtain fire code compliance from MOFD prior to real property transfers?
No.  MOFD Fire Code specifically requires that the Seller provide to the Buyer proof of compliance. Similar language is used in AB 38, Section 3, Section 1102.19:  It is the Seller’s responsibility to obtain and provide compliance documentation to the Buyer.

If the property is not located in a High or Very High Fire Hazard Severity Zone, am I still required to obtain a Certificate of Fire Compliance?
Yes.  MOFD Ordinance 20-03, Section 5 requires that owners/sellers of properties in the District must obtain fire compliance prior to the sale or transfer of property.

What cities/towns fall under the Moraga-Orinda Fire District?
Moraga, Orinda, and unincorporated areas of Bollinger Canyon, Valley Hill, and Canyon.  For other cities, please contact the respective fire districts. 

When should I obtain a Certificate of Fire Compliance?
We recommend that you obtain compliance as soon as the property is on the market. Do not wait until the last two weeks before close of escrow. The compliance letter is effective for a period of 90 days from the date of the letter.

Is there a fee for obtaining a Certificate of Fire Compliance?
You may either use the free self-report function or pay for an on-site inspection.   Please see our fee schedule for the cost of the Property Sale or Transfer Inspection fee.   You may schedule an on-site inspection by emailing the District office at info@mofd.org   Inspection should be scheduled as early as possible to allow sufficient time to bring property into compliance.

How do I obtain a Certificate of Fire Compliance?
Please visit the Certificate of Compliance (Property Sale or Transfers) webpage.  Once you have completed the process, you will receive a confirmation e-mail.   If you do not receive a confirmation, please contact the office. 

What happens if a Certificate of Fire Compliance was not obtained prior to the sale or transfer of property?
A pre-citation will be issued to the owner of record and to the property address with instructions on how to achieve compliance by the deadline stated in the letter.  Failure to comply will result in the issuance of an administrative citation and fine. 

Can I obtain a Certificate of Fire Compliance through my phone or tablet?
Yes. MOFD has an app that you can download.  Go to Play Store (Android) or App Store (Apple) and download the MOFD Fire Prevention App.  

Instructions on how to obtain fire compliance through the App:

• Click on Start Request
• Check Fire Compliance (Realtors/Sellers Only)
• Click on Camera option to take photos OR the Photo Library option. You must attach photos and uploaded them in numerical order.
• When all photos are uploaded, click on No More Photos. In the Description box, enter “Realtor requesting fire code compliance.” Include APN and any important information.
• Click on My Contact Info to enter your contact information, then press Save
• Submit Request

Can I request an MOFD representative to speak to our Real Estate group or company to explain the fire compliance procedure?
Yes. Please contact the Fire Prevention Division at 925-258-4599 or info@mofd.org to schedule a meeting with the Fire Chief or his designee.

I don’t think the violations you identified are fire hazards.
MOFD Ordinance 23-03 and 23-08 identify the requirements for all parcels within the fire district.  These ordinances were written to reduce the risk of destructive wildfires in our community.  While it may be hard to visualize how a single item contributes to the spread of wildfire, fire is dynamic and opportunistic and will spread where combustible items are present.  It must be addressed if the item in question is covered by the requirements defined in the ordinances listed above.  If you have questions about the violations identified, please contact Fire Prevention by phone at 925-258-4599 or by email at info@mofd.org.

I think I should be exempt from these requirements.
MOFD Ordinance 23-03 and 23-08 apply to all parcels in our community.  Due to the network effect of wildfire spread, it is of the utmost importance all parcels and meet the standards defined in the ordinance.

It will cost too much money.
The State Fire Code and the wildfire safety requirements included in Ordinances 23-03 and 23-08 apply to all parcels in the community.  Wildfire safety and preparedness are relatively inexpensive compared to losing your home or the loss of human life.  Treating and removing wildfire fuels accumulated over many years is costly, but once the property has been made safer, annual maintenance is much more efficient.  Some properties will need to develop a multi-year plan to reduce wildfire risk and reach compliance.  In these cases, the landowner should contact the Fire District for guidance in developing a realistic and sustainable wildfire Fuels Management Plan.  The online Modification Request form is available here: 

I just spent thousands of dollars on landscaping.  If you had only told me sooner, I would comply.

The requirements included in MOFD Ordinances 23-03 and 23-08 have been published and available for several years.  The abatement requirements are available in English and Spanish.   

Abatement requirements in English

Abatement requirements in Spanish 

You can also request a free home wildfire safety assessment from one of the Fire Districts Fire Adapted Community Ambassadors (FAC-A) here:
https://www.mofd.org/community/outreach-programs/fire-adapted-community-ambassador-program

I am too elderly to do this on my own.
Based on the conditions present on a specific parcel, the homeowner may need to hire a professional to perform the required mitigation.  The Fire District keeps a list of local fire mitigation contractors here:
https://www.mofd.org/our-district/fuels-mitigation-fire-prevention/weed-abatement-contractor-list

What right does the Fire District have to inspect my property?
Through the legislative process, the California legislature has created laws and regulations for defensible space and weed abatement.  These laws and regulations can be found in Public Resource Codes 4290 and 4291, Government Code 51182, and Health and Safety Codes 14875 & 14876.  The state legislature has also granted Fire Districts the ability to create more restrictive regulations.

My property is a habitat for wild animals.
State and federal laws guide the type of fuel mitigation work that may be performed in and around recognized habitats for rare, threatened, endangered, or special status species.  If you feel your parcel qualifies, you can submit documentation identifying portions of your parcel as recognized habitat.  You will also need to provide an approved Habitat Management Plan and the documentation describing Best Management Practices for vegetation management.  If you have a question regarding the presence of protected habitat, please contact the Department of Fish and Wildlife by email at AskBDR@wildlife.ca.gov and/or by phone at (707) 428-2002.

I have a creek on my property.
State and local regulations generally prohibit vegetation management in creek and stream beds (riparian areas).  While the exact definition of a riparian area may require a geologist, as a general rule, this is interpreted to mean no work may be performed beyond the edge of the bank leading to a watercourse.  In these cases, fuel breaks can be required on other portions of the parcel outside of the riparian area.  If this applies to your property, please indicate where the riparian area is located and what alternative locations, outside of the riparian area, you propose for an alternative fuel break using the Modifications Request Form.

My property is too large.
Fuel breaks are only required within 100' of the property line, regardless of the total size of the parcel.  This requirement is of particular importance on large parcels as the potential for fire is increased due to additional opportunities for ember cast and fewer access points.  Large parcels with limited access make it more difficult for firefighters to extinguish wildfires.

Why am I the only one being cited for these violations?  What are you doing about the City and Town parks, the East Bay Regional Park District, and the East Bay Municipal Utility District?
The Fire District continues to work collaboratively with landowning public agencies to ensure the plans outlined in their long term Fuel Management and Fire Safety Plans are meeting the fire safety goals of the ordinance 

Why am I responsible for trimming low-hanging branches on roadside trees and bushes that are within the city/town right-or-way?
Clearing encroaching vegetation along local roads will increase our ability to evacuate residents and allow fire apparatus better access to the fire.  Both communities have reviewed the regulations and stated that property owners are responsible for maintaining the vegetation in the right-of-way.

Has the MOFD Board already established a Zone Zero requirement? 
The Board has not adopted a Zone Zero requirement and has begun the community outreach and comment period. After community input, establishing a Zone Zero requirement will be discussed at a future meeting.

Why is MOFD implementing such a drastic change without public input?
MOFD has begun gathering public input on proposed changes to our fire safety regulations, and residents are encouraged to submit their input via the Zone Zero Comment Form.  Once public comment is received, fire district staff will develop a proposal for the MOFD Board of Directors to consider.  Consideration of the proposal is anticipated to occur at the January 2025 board meeting at the earliest.  To be clear, there is currently not a proposed ordinance changing fire safety regulations under consideration by the MOFD Board of Directors.

I saw a story on the news about a proposed ban on all vegetation within 5 feet of structures. How can I get more information about this proposal?
A tri-agency meeting with the MOFD Board of Directors, Moraga Town Council, and the Orinda City Council was held on October 21, 2024.   A live recording of the meeting is available on our MOFD YouTube Channel, and the staff report can be accessed here: Item 2.1 Community Wildfire Risk Reduction Measures. 

For those who do not want to watch the full meeting, a presentation on the State of the Insurance Markets begins at 23:22 minutes in the video, and a presentation on the value of Zone Zero Mitigations is available at the start at 39.55 minutes in the video.  

I understand the proposed change to MOFD’s fire safety regulations would not allow wooden fences within 5 feet of a structure. What could I use in place of a wooden fence?
Existing wooden fences greater than 5 feet from a structure would not be effected by the proposed fire safety regulations. Portions of existing fences within 5 feet of the structure would need to be replaced with fire resistive options such as metal gates. More information on fire resistive fencing options is available here: Fire-Resistant Fencing and Gates - Fire Safe Marin