What is an AB-38 Inspection?

AB-38 requires that when a home located in a High or Very High Fire Hazard Severity Zone (VHFHSZ) is sold, the seller must provide documentation that the property complies with specific wildfire home hardening disclosure requirements and, in some cases, has undergone a defensible space inspection.

How this affects transactions in San Rafael:

• Many properties in San Rafael fall within the Local High FHSZ.
• When a covered property is listed for sale, a Defensible Space Inspection must be scheduled through the San Rafael Fire Department.
• The inspection ensures compliance with state wildfire resilience requirements and helps buyers and sellers understand steps needed to improve the property’s fire safety.
• The Fire Department provides sellers and agents with the required documentation to be shared in escrow, including a full defensible space report.
• If you cannot provide this documentation by the close of escrow, you and the buyer can negotiate a new agreement. One option is to agree that the buyer will get this compliance documentation within one year of the close of escrow.

What Agents Should Do:

• Verify whether a property is located within a designated fire severity zone by going to the following website to lookup an address and request an inspection here
• Encourage sellers to schedule their inspection early in the sales process to avoid delays in escrow.
• Head to the link included above, visit the San Rafael Fire Department’s website for specific vegetation management standards (Municipal Code Chapter 4.12) or contact our office for scheduling assistance.