Health & Safety Code Section 13132.7 generally prohibits the sale or use of roofing materials in California that do not satisfy certain fire-retardant standards and requirements. HOAs may not use their architectural control powers in such a fashion as to require owners to install or repair roofs in a manner that violates Section 13132.7. (Civ. Code § 4720(a).)
Developments in Very High Fire Severity Zones
The governing documents (i.e., CC&Rs or architectural standards) of developments that are located in very high fire severity zones must allow for the use of at least one type of fire retardant roof covering material that meets the requirements of Section 13132.7. (Civ. Code § 4720(b).)
Roof Repair & Replacement
The obligation to use fire-retardant materials is not triggered for minor roof repairs. However, if more than fifty percent (50%) of the total roof area is replaced within any one (1) year period, any roof covering materials that is applied “in the alteration, repair or replacement of the roof” must be a fire retardant roof covering that meets either Class A or Class B standards. (H&S Code § 13132.7.).
