Driveway-slope issue topic of study session
By Colin Rigley
Posted: Friday, February 15, 2008 10:37 AM CST
Cal Fire's decision to cap driveway slopes originally started a flurry of activity as local builders and Realtors looked for ways to adapt to the new regulation, but more recently those same stakeholders are saying Calaveras County is already covered legally.
Cal Fire's concerned because slopes affect whether fire trucks can safely access property. Property owners are concerned because they fear new standards could affect whether they can build or re-build if need be on the land they own.
The Tuolumne-Calaveras Unit of Cal Fire recently placed a 21 percent ceiling on driveway slopes. Technically, Cal Fire will only allow a 16 percent grade, but steeper driveways are allowed with additional mitigations.
Builders and Realtors have jumped on the defensive following the call for a 21 percent maximum, and worries have been raised that the decision could make some parcels in the higher and typically steeper elevations unbuildable.
The new regulation has spurred a power struggle over who can ultimately dictate the allowable slope of a driveway: Cal Fire or the county. Under state law, passed in 1991, driveways are only allowable up to 16 percent; however, the law allows local authorities to pass their own code so long as it “equals or exceeds minimum regulations adopted by the state.”
In 1992 Calaveras County did just that. Calaveras' code sets a 16 percent maximum for properties below 3,000 feet and 12 percent for properties above 3,000 feet. But the local code states that a paved driveway mitigates the effects of a steep driveway. Furthermore, Calaveras code does not place a maximum slope grade.
The code was sent to the state with no objections, which has made some wonder how and why Cal Fire would suddenly have a change of heart, and how it can legally do so.
“I find it very interesting that now after 16 years that the ordinance has been in effect that they (Cal Fire) now step in and say it's not in compliance,” said Ray Waller, former county building official.
For the complete story, see Friday's print edition of the Calaveras Enterprise or our e-Edition.
Yellow Rose wrote on Feb 15, 2008 4:32 PM:
" What next??? Is Cal Fire going to stop us from building on our land because it is 1/2 hour from a fire station so they could not get to your home soon enough to put out the fire? Don't we have the right or freedom to take that risk on our own land if we choose? "
Kate wrote on Feb 17, 2008 2:09 PM:
" Wouldn't you want your home protected in the event of a huge wild fire like the Old Gulch, Leonard, or Mineral Mountain Fire? How about the fire that swept through the Valley Springs-Burson area? Cal-Fire works really hard at keeping Tuolumne & Calaveras safe, so maybe we could do our part to make it easier on them.
Just stay in the code and keep your home and family safe. Besides, when it gets icy do you really want to slide down a steep driveway? "
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