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San Jose, CA Fire Regulations: Wildfire Zones (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 2026

Key Facts

Rule
East Foothills, Alum Rock, Almaden hills mapped as VHFHSZ
Authority
Chapter 7A building code for new construction
Authority
AB 38 seller disclosure required in High/Very High zones
Rule
FAIR Plan often only available insurance
Rule
PSPS shutoffs during red-flag wind events

Summary

Cal Fire maps significant portions of eastern and southern San Jose as Very High Fire Hazard Severity Zones, including Alum Rock, East Foothills, Evergreen, Silver Creek, and Almaden Valley rims. Homes in these zones face stricter building codes, defensible space inspections, insurance scrutiny, and AB 38 disclosure requirements on sale.

The State Fire Marshal is mandated to classify lands within State Responsibility Areas into Fire Hazard Severity Zones (FHSZ). Fire Hazard Severity Zones fall into one of the following classifications: Moderate High Very High The California laws that require Fire Hazard Severity Zones include California Public Resources Code 4201-4204, California Code of Regulations Title 14, Section 1280 and California Government Code 51175-89.

The Fire Hazard Severity Zone (FHSZ) maps are developed using a science-based and field-tested model that assigns a hazard score based on the factors that influence fire likelihood and fire behavior. Many factors are considered such as fire history, existing and potential fuel (natural vegetation), predicted flame length, blowing embers, terrain, and typical fire weather for the area. There are three levels of hazard in the State Responsibility Areas: moderate, high, and very high.

For several years, CAL FIRE - Office of the State Fire Marshal has been developing a new science model and updated maps. The Office completed mapping the State Responsibility Area at the end of 2023, which went into effect in April 2024. Since then, the Office has been mapping local areas.

Classification of all lands within State Responsibility Areas into fire hazard severity zones is required by law. Therefore, the fire hazard severity zone designations and accompanying maps must follow the Administrative Procedures Act (APA) and be approved by the Office of Administrative Law (OAL). The regulation can be found in Title 14 of the California Code of Regulations (CCR) section 1280.01 and entitled "Fire Hazard Severity Zones in the SRA".

Source: Cal Fire FHSZ ViewerView official code

Full Breakdown

Cal Fire's Fire Hazard Severity Zone maps identify portions of San Jose as Very High (VHFHSZ), High, and Moderate fire hazard areas based on fuel, topography, weather, and historical fire occurrence. The most affected neighborhoods include Alum Rock Park surroundings, the East Foothills above Penitencia Creek, upper Evergreen, Silver Creek Country Club, the New Almaden historic district, and hillside portions of Almaden Valley and Santa Teresa. Homes built after 2008 in these zones must comply with California Building Code Chapter 7A, requiring ignition-resistant exterior materials, boxed-in eaves, ember-resistant vents, tempered dual-pane windows, and Class A roofing.

Existing homes face retrofit encouragement but not mandatory upgrades, though home-hardening may be required when major remodeling or reroofing. AB 38 requires sellers in High and Very High zones to disclose the fire zone designation and provide a home-hardening compliance report to buyers. Homeowners insurance in these zones has become significantly harder to obtain, with many carriers non-renewing policies; the California FAIR Plan is often the fallback market. PG&E Public Safety Power Shutoff events also affect these areas during red flag wind conditions.

Violations & Fines

Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact San Jose code enforcement directly for current fines, enforcement procedures, and hearing options.

Frequently Asked Questions

Is my home in a wildfire zone?
Check Cal Fire's FHSZ viewer with your address. Eastern and southern San Jose hillsides are most commonly mapped.
Do I have to upgrade my old home?
Not retroactively, but major remodels trigger Chapter 7A compliance. AB 38 disclosures are required on sale.

Sources & Official References

Other rules in San Jose

All San Jose rules

California rules heatmap·Compare San Jose to another location·View the California fire regulations overview

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