YOSEMITENATIONAL PARK
Wildland Fire Safety Inspection Notice
Inspector’s Name/Phone#: ______Inspection Date: _____/_____/_____
Location of Inspection: ______Previously Inspected on: _____/_____/_____
Resident/Owner’s Name/Address: ______
First Inspection Second Inspection Third Inspection Violation Notice Issued ______
You are hereby notified to correct the violation(s) specified below. Re-inspection will occur on or after_____/_____/_____.
Failure to complete the clearances around structures as required willresult in the issuance of a Violation Notice and a mandatory appearance before the US Magistrate Judge in US District Court (Yosemite NP) will be required. For residents of government housing, administrative action may also be taken. Note the “failure to comply” information on the reverse side of this document for details.
California Public Resource Code 4291(a), (c) through (f) requires that:
4291. Any person that owns, leases, controls, operates, or maintains any building or structure in, upon, or adjoining any mountainous area or forest-covered lands, brush-covered lands, or grass-covered lands, or any land which is covered with flammable material, shall at all times do all of the following:
(a) Maintain around and adjacent to such building or structure a firebreak made by removing and clearing away, for a distance of not less than 30 feet on each side thereof or to the property line, whichever is nearer, all flammable vegetation or other combustible growth. This subdivision does not apply to single specimens of trees, ornamental shrubbery, or similar plants which are used as ground cover, if they do not form a means of rapidly transmitting fire from the native growth to any building or structure.
(c) Remove that portion of any tree which extends within 10 feet of the outlet of any chimney or stovepipe.
(d) Maintain any tree adjacent to or overhanging any building free of dead or dying wood.
(e) Maintain the roof of any structure free of leaves, needles, or other dead vegetative growth.
(f) Provide and maintain at all times a screen over the outlet of every chimney or stovepipe that is attached to any fireplace, stove, or other device that burns any solid or liquid fuel. The screen shall be constructed of nonflammable material with openings of not more than one-half inch in size.
Yosemite National Park Residential Yard Policy, section 4 (a)-(e), requires the following:
4. Fire protections – To provide a defensible space for housing areas from wildland fire, occupants of permanent housing are responsible for upkeep and care of the landscape surrounding their residences. The general upkeep of defensible spaces surrounding apartments, dormitories and seasonal housing is the responsibility of the government. California Public Resource Code, applicable National Fire Protection Association codes and standards, and Yosemite Fire Department policy require the following:
(a) Prior to June 10, all combustible vegetation at minimum of 30 feet, or to property line, of residences and associated structures is to be maintained to provide a fuel break for the fire season. Pine needles, leaves, trimmings, and other dead vegetative growth within the defensible space are to be removed and properly disposed of. Combustible grasses are to be maintained, cut to a height of 3-inches. This does not apply to single trees, ornamental shrubbery, or similar plants, which are used as ground cover, if they do not form a means of rapidly transmitting fire to or from native growth.
(b) Maintain the roof of any residence and associated structure free of leaves, needles and other dead vegetative growth.
(c) Maintain a fuel break of not less than 10 feet surrounding propane tanks.
(d) Maintain all firewood, neatly stacked at least ten (10 feet) from residences and other structures.
(e) Defensible spaces around residences and associated structures must be maintained for the duration of the fire season.
Inspector Comments: ______
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Yosemite National Park Residential Yard Care policy states:
A. Tenants will receive a written warning/deadline to comply with the Residential Yard Care Policy.
B. Within 30 days of the first written warning an inspection will be completed by the Agency/Bureau Representative, i.e. Housing Manager, District Ranger, or Facility Manager, Buildings and Grounds.
C. With the final notice, the National Park Service will have the option of adding the monthly service charge to the rental rate and maintain the yard, or the responsible tenant will be required to vacate government furnished housing.
The Superintendent reserves the right to evict occupants who fail to comply with the provisions of this policy, which is hereby, made a part of the Housing Assignment Agreement, and a part of the Housing Management Plan.
Eviction may take place thirty (30) days after written notification by the Superintendent to the occupant of the pending eviction action, and causes thereof. Such eviction authority is contained in 41 CFR 114-51.303, Assignment Records.
Within the El Portal Administrative Site -
Title 36, Code of Federal Regulations:
Sec. 34.3 Penalties.
(a) A person convicted of violating a provision of the regulationscontained in this part shall be punished by a fine not exceeding $500 or by imprisonment not exceeding 6 months, or both, and shall be adjudged to pay all costs of the proceedings.
Sec. 34.6 Fires.
b) Nonconflicting provisions of the CaliforniaStateForest and Fire Laws and Regulations are adopted as a part of this part. Violation of any of these regulations is prohibited.
Within Yosemite National Park Boundaries, exclusive of the El Portal Administrative Site, California Public Resource Code 4291 is assimilated under the following authority:
Title 18, United States Code, Section 13 – Laws of States adopted for areas within Federal jurisdiction.
(a) Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in section 7 of this title, or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.