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PBES - Building Division - Fire Related

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1. Can my structure be rebuilt if it is destroyed by fire?

Yes, any legal structure destroyed by fire can be rebuilt. Current building code requirements will be applied for all fire rebuilds. If you plan on expanding or relocating your structure, please check with the Planning Division on the steps needed for approval.

2. Is a Building Permit required to repair damage to a structure?

Yes. A Permit is required for repairs and construction pursuant to State Code (2016 California Residential Code, Section R105.1). The review of repair/rebuild permit applications will be prioritized as identified above under the Building/Construction category.

3. If I had an issued permit on a parcel for a burned structure what happens with that permit?

In most cases, we will close the permit and issue a new one. 

4. What are the submittal requirements for a rebuild permit?

Fire rebuild requirements may include additional items beyond a standard submittal including but not limited to Assessor’s records to verify your previous square footage and a suitability analysis for existing foundations which are to be incorporated into the project. Please refer to the Residential Fire Rebuild Submittal Checklist.

5. Will any fees be waived for reconstruction in the fire area?

Development impact fees for schools and affordable housing fees do not apply to reconstruction of an existing structure with the same floor area. Impact fees may apply to additional floor area beyond the original structure, such as when a bedroom is added.

 

Permit processing fees, 

The Planning, Building, and Environmental Services Director shall reduce fees in the following amounts for all building permits submitted after October 7, 2017, for structures damaged or destroyed in the 2017 Napa Fire Complex:

• Plan Review – Environmental Health Fee by 50%; and
• Plan Review – Engineering Fee by 50%; and
• Plan Review – Planning Fee by 50%; and
• Plan Review – Standard by 50%; and
• Imaging Plan Retention by 100%; and
• Permit Issuance by 100%; and
• Building Inspection by 25%; and
• General Plan Surcharge by 100%.

To qualify for a fee reduction, the structure must meet all of the following criteria:

• The original structure must have been legally established; and
• The original structure must have been red- or yellow-tagged by the County as a structure damaged or destroyed in the 2017 Napa Fire Complex; and
• The applicant must submit a complete building permit application to repair or replace the damaged or destroyed structure.

6. If I increase the size of my home when I rebuild, will I have to pay permit fees and school fees on the increased square footage?

Development impact fees for schools and affordable housing do not apply to reconstruction of an existing structure with the same floor area. Impact fees would apply to additional floor area beyond the original structure, such as when a bedroom is added.

7. What is the estimated processing and/or approval time for a rebuild permit?

All fire rebuild projects will be given first priority review, approval and/or processing. If the rebuild is deemed a residential (main, second or guest) “like for like” replacement (up to 125% of the original livable/habitable square footage with no increase in the number of legal bedrooms and in close proximity to the original footprint), it will qualify for the 7 business day expedited processing. First correction comments and/or approval will be issued within 7 business days and subsequent reviews will be provided within 7 business days as well. All other fire rebuild projects will be given priority processing in either the quick permit or standard permit category depending on the project.

8. Will prioritizing a fire rebuild project affect the processing and/or approval time of standard non-fire related projects?

Standard non-fire related projects will not be affected by accommodating fire related projects because the Board of Supervisors authorized additional resources to accommodate the increased workloads. Standard plan review timelines will continue to be met on non-fire related projects.

9. What will the processing and/or approval time be for a rebuild permit?

All fire rebuild projects will be given first priority for review, approval, and/or processing. If the rebuild is deemed to be a like for like replacement (equal to or less than 125% of the original gross square footage and located within or in close proximity to the original footprint), first correction comments or approval will be issued within 7 days. Subsequent reviews with be provided within 7 days.

10. Am I required to rebuild the same square footage or within the original footprint that I previously had?

No. If you choose to build up to 125% of the original home square footage and within the original footprint vicinity, then the fire rebuild will be considered a like-for-like replacement and certain development standards will not be triggered. However, adding square footage could result in additional assessed value above the Proposition 13 base year value of the destroyed residence. (contact the Assessor Division at [email protected] or 707-253-4467 for more information)

11. What will be considered a like for like replacement of the primary residence or other structure(s)?

Primary residence replacement shall be allowed up to 125% of the original home gross square footage and within or in close proximity to the original footprint vicinity. Close proximity will be discretionarily determined by County staff. For second dwellings and guest houses, the 125% rule is also applicable as long as the increased square footage does not exceed the maximum allowed 1,200 net square feet (second dwelling) and 1,000 net square feet (guest house). Please refer to the planning department regarding non-conforming structures or other structure types.

12. When a structure is rebuilt, must it be built in compliance with current building codes?

Yes. The code in effect now is the 2016 California Residential Code, as amended and adopted by Napa County.

13. What design professionals will I need to hire as I rebuild my home?

It depends on the design of the home. At a minimum, a simple home design will require a designer, and energy consultant. More complex designs will require a licensed design professional including but not limited to an architect, a civil or structural engineer, a geotechnical engineer, and an energy consultant.

14. When rebuilding, do I need to do Energy Calculations and comply with the provisions of CALGreen?

Yes, you will need to do Energy Calculations and you will need to comply with the provision of CALGreen. For more information, refer to the Napa County Residential Fire Rebuild Submittal Checklist.

15. If a home that burned down had an EPA compliant wood stove in it, can another be reinstalled?

No (applies to all homes in Napa County). For more information, visit Bay Area Air Quality Control District Wood-burning Device Regulations.  See  Bay Area Air District requirements for rebuilding fireplaces bulletin for additional information.

16. Do Wildland Urban Interface (California Building Code Chapter R337 WUI/SRA) construction methods and materials apply to rebuilding?

Yes, these standards do apply within the State Responsibility Area. For more information, consult the County for determination of properties within the WUI area.

17. Can a structure be rebuilt on a fire-damaged foundation?

Applicants that wish to use the existing foundation system must have a “suitability analysis” of the existing foundation performed by a registered civil or structural engineer. This analysis shall state that the engineer has visited the site and investigated the condition of the existing building elements. It shall also state that the remaining foundation is suitable for the support of the new structure, and that all under-slab utility systems (such as drain, waste, vent, water, mechanical, electrical, etc.) are suitable for continued use. Electrical conduits may remain but all under-slab electrical conductors must be replaced. See below as to what testing methods may be utilized to demonstrate the suitability of the existing foundation for the proposed rebuild.

18. What testing methods and/or suitability analysis will be required to utilize fire damaged foundations?

Commonly Used Concrete Forensic Testing Methods for Damaged Concrete:

Nondestructive tests are used for three primary reasons:

• Quality control or troubleshooting of new construction
• Condition evaluation of existing structures
• Quality assurance of concrete repairs

Typical applications of nondestructive testing are:

• Locating voids, honeycombs, and delamination.
• Determining rebar depth and member dimensions.
• Determining the rate of reinforcement corrosion.

Typical nondestructive tests methods:

• Schmidt Hammer, Pulse Velocity
• Impact Echo & Impulse Response
• Ground Penetrating Radar
• Cross-hole Sonic Logging
• Load/Deflection Test
• Reinforcement Corrosion Test

Nondestructive tests are usually confirmed by obtaining core samples.

19. Can I leave my damaged foundation in place and enclose my old foundation with a new foundation?

Yes, provided the new foundation does not rely on the structural integrity of the old foundation.

20. Will my replacement home require fire sprinklers?

Yes, all new and replacement dwellings inclusive of single family residences and second dwellings, but not guest houses, will require fire sprinklers. However, if less than 50% of the original home requires replacement due to fire damage and the existing home is not sprinklered, then the rebuild will not be considered a total replacement and sprinklers will not be required.

21. Do I need a licensed fire protection contractor to design and install the sprinkler system?

Yes, you need a licensed fire protection contractor to design and install the sprinkler system. For more information, visit Contractor license classifications.

22. Will I need to upgrade my driveway entrance or road when rebuilding after the fire?

Napa County will not require driveway entrance or private road upgrades for rebuilds due to the fire if both of the following criteria can be met:

• The proposed replacement dwelling is no more than 125% of the original project and located within the same building footprint or in close proximity to the original building footprint.
• Upon a site inspection performed by Napa County Fire, a determination can be made that access to the site during the fire was not hindered due to driveway or roadway constraints.

Consult with fire and engineering divisions for additional information.

23. Must fire clearing and access width requirements be met for all rebuilds in High & Very High Fire Severity Zones?

Yes. This is required in all areas of the County (regardless of zones).

24. Will the County require evidence of a legal lot and approved gross square footages prior to issuance of a new building permit?

Yes, the County will require evidence of a legal parcel and the approved previous gross square footage(s) prior to the issuance of a new building permit.  See the Napa County Residential Fire Rebuild Submittal Checklist.

25. Do I need a Grading Permit to rebuild?

If a homeowner wishes to reconstruct structures in approximately the pre-fire footprint, with minor additional grading then a grading permit in most cases will not be required. Consult the Engineering Division (See the County Grading Ordinance and site erosion control Best Management Practices (BMPs) for site stabilization methods.)

26. Can I install a temporary trailer on my property during my rebuild?

Yes, please see the Installing a Temporary Trailer After a Disaster handout for more information.

27. What is one of the first steps I should do in the rebuild process?

Contact the Napa County Fire Marshal’s office to have your roadway/driveway evaluated. Every roadway/driveway is required to be evaluated to ensure it was not a contributing factor in delaying first responders from accessing the residence. It will also be inspected to make sure it is safe for your evacuation during a disaster. To have your driveway evaluated call 707-299-1464.

28. Do I need sprinklers in my new structure?

The California Fire Code requires all new residential structures to have fire sprinklers installed. Other structures are evaluated on size and use of the building. For specific questions on non-residential structures call the Napa County Fire Marshal’s office at 707-299-1464.

29. What are some of the Napa County Fire Marshal’s rebuild requirements?

Please refer to the Napa County Fire Marshal’s Rebuild Guidelines at https://www.countyofnapa.org/391/Fire-Marshals-Office