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AB 38 Defensible Space Inspections in Sonoma, Napa and Marin

By Matthew Martinez, Founder, CEO & Managing Broker, Diamond Real Estate Group. California DRE #01869679.

An AB 38 inspection is the defensible space inspection a California seller needs when the home sits in a High or Very High Fire Hazard Severity Zone, so the buyer can be handed proof that the property complies with state or local vegetation rules. Civil Code 1102.19 requires that documentation for sales on and after July 1, 2021, and the inspection generally has to fall within the six months before the sale. If the seller doesn’t have it, buyer and seller sign a written agreement that the buyer will get it after closing.

The law is statewide, but the inspector is local. In Sonoma, Napa and Marin the agency that inspects depends on whether the parcel is in the State Responsibility Area or a Local Responsibility Area and which fire district covers it. Below is what each agency we checked publishes about who inspects, how to book and what it costs, followed by a timeline that keeps the inspection from holding up escrow. It sits within our home-buying process guides because buyers carry part of the obligation after closing.

What the law requires

Civil Code 1102.19 applies to residential property in a High or Very High Fire Hazard Severity Zone. The seller must give the buyer documentation that the property complies with Public Resources Code 4291 or a local vegetation management ordinance, and say where the buyer can get a copy.

Where a local ordinance requires documentation: the seller provides what that ordinance calls for.
Where there is no such ordinance: the seller provides a report from a qualified agency or entity inspection made within the six months before the sale.
If the seller has no documentation: buyer and seller sign a written agreement that the buyer will obtain it. Where no local ordinance sets the timing, the buyer has one year after closing, if an inspection program covers that jurisdiction.
Enforcement is unchanged: the statute does not limit any state or local agency’s power to enforce defensible space rules, sale or no sale.

A second disclosure travels with it. Under Civil Code 1102.6f, a seller of a home in a High or Very High zone that was built before January 1, 2010 must give a wildfire notice listing features that can make a house vulnerable to embers, such as vents with openings over one-eighth inch, untreated wood shake roofs and combustible material within five feet of the home. Since July 1, 2025 the notice also lists low-cost retrofits and which ones the seller completed. Both belong in the package described in our California seller disclosures guide.

Does your property need one?

Start with the fire hazard map, not the neighborhood’s reputation. The State Fire Marshal’s maps for the State Responsibility Area took effect April 1, 2024, and the Local Responsibility Area maps went to cities and counties in four phases between February 10 and March 24, 2025. Our guide to fire hazard severity zones in the North Bay explains how to read both viewers.

The same lookup tells you which agency to call. CAL FIRE’s Information Bulletin 21-007 sets out the split:

Where the parcel is	Who the seller asks for the inspection
Very High zone in a Local Responsibility Area	The local agency (city or fire district)
High or Very High zone in the State Responsibility Area, where the local jurisdiction has a defensible space or vegetation ordinance	The local agency
High or Very High zone in the State Responsibility Area, with no local ordinance	CAL FIRE, through its online request; CAL FIRE issues a Notice of Defensible Space Inspection (LE-100a)

Local rules can reach further than the state map. Central Marin Fire, for example, says a resale inspection is required in its wildland-urban interface even where the state map shows the property differently. Ask the local agency even if the state viewer shows a lower zone.

Who performs AB 38 inspections in Sonoma County

Sonoma County has a hazardous vegetation ordinance, County Code Chapter 13A, and several fire agencies. The pages we checked in October 2026 say the following:

Agency	What it says it covers	How to request	Fee and timing it publishes
Permit Sonoma Fire Prevention Division	Properties in the State Responsibility Area and a High or Very High zone; compliance with Chapter 13A	Email FirePrevention@sonomacounty.gov with the subject “Property Sales Inspection (AB 38) Request”; Fire Desk (707) 565-2361	A fee applies (see its fee schedule); an assessment within the prior six months is treated as valid
Sonoma Valley Fire District	Qualifying homes in High or Very High zones inside its service area map	Online scheduler on its AB 38 page; confirm the parcel is in the district first	Fee per district schedule; a $66 refund fee applies if the parcel turns out to be outside the district
Northern Sonoma County Fire	Parcels in its Local Responsibility Area	District DSI request form; it refers State Responsibility Area parcels to CAL FIRE	Not published on the pages we read; (707) 857-4373
Rancho Adobe Fire (Penngrove)	Refers AB 38 requests to the county	Through Permit Sonoma’s AB 38 page	See Permit Sonoma

The agencies don’t describe the State Responsibility Area the same way: Permit Sonoma inspects there, while Northern Sonoma County Fire sends those parcels to CAL FIRE. Treat the district that serves the address as the first call, and get its answer in writing. For Santa Rosa, Sonoma County Fire District and other districts, we did not find a published AB 38 page to verify, so call the district that serves the parcel. Our Sonoma County seller guide covers the rest of a listing file.

Who performs AB 38 inspections in Napa County

The Napa County Fire Marshal’s Office runs the county program under Napa County Code Chapter 8.36. Its page is the most complete of the three counties:

Who can ask: the seller or the seller’s real estate agent.
How: email the property address, your name and phone number; staff say they will contact you within 72 hours to schedule, and an inspector calls the seller or agent.
Cost: the county states there is no cost for the inspection.
Validity: the report must show the property passed within six months before entering a sales contract.
If it fails: the county issues a Notice to Abate Fire Hazard, and corrections are due within 14 calendar days. If ownership changes in that window, buyer and seller sign an agreement that the buyer will provide proof of compliance within 14 days after closing.
Contact: Napa County Fire Marshal’s Office, 951 California Blvd., Napa, (707) 299-1464.

The county page doesn’t say how parcels inside the cities of Napa, American Canyon, Calistoga, St. Helena or the Town of Yountville are handled. For those, ask the city’s fire department first. The 14-day deadline is much shorter than the one-year default in the statute, so read the notice carefully before agreeing to anything in escrow. Our Napa County seller guide has the other county-specific steps.

Who performs AB 38 inspections in Marin County

Marin County Fire publishes an address lookup that routes a property in a High or Very High zone to its request form, or to the correct fire district if the address belongs to another agency. Its page adds a point sellers miss: some local fire jurisdictions conduct resale inspections regardless of AB 38.

Agency	What it publishes
Marin County Fire	Lookup at its AB-38 page; Fire Prevention (415) 473-2125, 1600 Los Gamos Drive, San Rafael
San Rafael Fire	Many San Rafael properties are in the local High zone; it supplies the escrow documentation and urges sellers to book early; vegetation rules are in Municipal Code Chapter 4.12
Southern Marin Fire	AB 38 inspections are exterior only and need access to the entire property; $203 applies to reinspections, late cancellations and no-shows
Central Marin Fire (Larkspur, Corte Madera)	Resale inspection in the wildland-urban interface; $211 (2026); inspection within 7 to 10 business days; must pass within six months before a sales contract; condos and individual townhouses exempt
Ross Valley Fire (Ross, Fairfax)	Town codes require a resale inspection of single-family homes listed for sale; $190; completed within one week; no longer required in San Anselmo
Tiburon Fire	Its inspections page doesn’t describe AB 38 or resale inspections; ask at inspections@tiburonfire.org or 415-435-7200

We could not open Novato Fire’s site to confirm its process, so ask the district directly. Town-by-town sewer and records requirements are in our Marin County point-of-sale requirements guide.

What the inspector checks

The state standard is Public Resources Code 4291: defensible space of 100 feet from each side of a structure, but not beyond the property line, with fuels arranged so a wildfire would be unlikely to ignite the building. The statute also describes an ember-resistant zone within five feet of the structure, which takes effect only after the Board of Forestry updates its regulations; see our Zone 0 guide for sellers for where that stands.

Local codes add detail. Central Marin Fire and Ross Valley Fire both list items such as:

Dead vegetation removed and limbs cleared from roofs and chimneys.
Fire-prone plants such as juniper and bamboo removed close to structures.
Address numbers at least four inches tall and contrasting with the background.
A chimney spark arrestor, and clearance along driveways and roads.
Propane tank clearance and emergency key access on electric gates (Ross Valley).

An AB 38 inspection looks at the outside of the property only. It is not a home inspection, and it doesn’t replace hardening work; our home hardening guide covers vents, roofs and the five-foot zone.

If the property fails, or the work can’t be finished before closing

A failed inspection usually produces a written list of corrections and a deadline: 14 calendar days in Napa County’s program and 30 days for violations in Central Marin Fire’s. After the work is done, the agency reinspects and issues the passing report.

When the work can’t be completed in time, the statute’s fallback is a signed agreement in which the buyer takes on getting the documentation. Who pays for clearing is a negotiation, often handled through the buyer’s request for repair. Central Marin Fire notes that the property owner is ultimately responsible for compliance either way.

Diamond may refer you to partners we work with; you’re free to choose any provider. Get a written scope and price for vegetation work, and ask the contractor to leave the property ready for the reinspection.

A timeline that keeps escrow on schedule

Before listing: check the state and local hazard zone, the responsibility area and the fire agency for the address.
Book the inspection: request it as soon as the listing date is set. Agencies publish turnaround from 72 hours to contact (Napa) to 7 to 10 business days (Central Marin).
Clear first: do the obvious work (dead plants, gutters, limbs over the roof) before the inspector arrives to avoid a reinspection fee.
Watch the six-month window: a passing report generally needs to fall within six months before the sale contract, so very early inspections can expire.
Add the report to disclosures: include it with the 1102.6f notice and the natural hazard disclosure report.
If it fails: finish the corrections and get reinspected, or negotiate the written agreement before removing contingencies.
Buyers: calendar any post-closing deadline and keep the final report. The FAIR Plan’s wildfire discounts include compliance with defensible space rules, as our FAIR Plan buyer guide explains.

This is general information, not legal advice; talk to a California real estate attorney about your situation.

Questions people ask

Who pays for an AB 38 inspection?

The seller orders it because the duty to provide documentation is the seller’s, so the seller usually pays any fee. Napa County’s inspection is free; other agencies charge under their own fee schedules, and the cost of any clearing is negotiable.

How long is an AB 38 inspection valid?

Where no local ordinance sets a different rule, the inspection must be within the six months before the sale. Napa County and Central Marin Fire both state a six-month window before entering a sales contract.

Does a condo need an AB 38 inspection?

The statute covers residential property in High or Very High zones. Central Marin Fire’s local resale inspection exempts individual condo units and townhouses, but ask the inspecting agency how it treats a unit in an HOA, since the association usually controls the landscaping.

What if my home is in a Moderate zone?

Civil Code 1102.19 doesn’t apply outside High and Very High zones, but a town resale inspection can still apply, as it does in parts of Larkspur, Corte Madera, Ross and Fairfax.

Can the buyer just take care of it after closing?

Yes, if both sides sign a written agreement. The default is one year after closing where no local ordinance applies; Napa County’s agreement requires proof within 14 days after closing.

Is the AB 38 report the same as the natural hazard disclosure?

No. The natural hazard disclosure report tells the buyer the property is in a fire zone; the AB 38 report shows whether the defensible space passed an agency inspection.

If you’re preparing to sell a home in a fire zone, we can map the inspections, disclosures and timing for your address before you list. Start with our home selling services.

Sources & notes

Last reviewed October 2026 by Matthew Martinez.