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How to Mitigate Vacant Building Fire Risk at Nuisance Properties

fire damageThe foreclosure crisis that affected the entire nation during the economic downturn of 2007-2009 created another crisis: an urban landscape filled with vacant and abandoned properties. While residential properties were empty because of foreclosures, commercial properties were abandoned because of the economic struggles of business owners. This, of course, raised the risk of vacant building fires.

Even though the US economy recovered from that recession, the impact of COVID-19 brought a new set of challenges, with effects that are still being felt today. In California alone, nearly one-third of restaurants closed permanently. In Los Angeles County, 7,500 small businesses were also forced to close. 

In 2022, there were 1.2 million empty homes in California. And with the mass shift to remote work, many businesses have chosen to close their physical doors for good.   

Why Vacant and Abandoned Building Fires Are on the Rise

The impact of all of this change has created an uptick in what was already a dangerous problem in California: vacant building fires. There are vacant and abandoned residential and commercial properties all over the state. These neglected properties fall into disrepair, and many attract squatters and become attractive spaces for crime, all of which create significant public safety risks for the community. 

Vacant building fires are on the rise in California. One recent report from Bakersfield CA fire officials says they responded to 375 incendiary fires in 2020, up from 263 in 2019. 35 percent were in vacant structures.

The risk of danger doesn’t only threaten vacant structures – under the right circumstances, fire can spread to adjacent homes and buildings. People who illegally take up shelter undetected in these properties may also be at risk because the fire department doesn’t know that anyone is inside. 

The Risk of Fire in California’s Nuisance Properties & Vacant Buildings

When buildings are temporarily vacant, well-secured against break-ins, and protected from the elements, the risk of fire decreases, as long as they are periodically attended to. However, it is very easy for vacant properties to become nuisances if they sit unattended for extended periods. 

A nuisance property isn’t just a vacant building. A nuisance involves an unreasonable or unlawful use of property that results in material annoyance, inconvenience, discomfort, or injury to another person or the public.

These properties are often full of code and other violations that create the conditions that label them a nuisance. 

Causes of Fires in Vacant Buildings

There are a few typical causes of fires in vacant properties, including: 

  • Lack of maintenance, including faulty wires
  • Accumulating debris and junk from previous inhabitants or squatters can act as an accelerant under the right conditions
  • Candles, portable cooking and heating devices, and small fires by unpermitted inhabitants
  • Arson

Vacant buildings are primary targets of arsonists, accounting for 25% of all intentionally set building fires. The National Fire Protection Association (NFPA) reports that fires in vacant buildings are more likely to have been set on purpose than other structure fires. 

The report explains:

Fires in vacant buildings are more likely to have been intentionally set than other structure fires. Forty-three percent of reported vacant building fires during this period were intentionally set, compared to 10% of structure fires overall. Vacant buildings accounted for 25% of all intentionally set structure fires. Intentional fires were much more common in unsecured vacant properties (57%) than in those that had been secured (31%).”

Causes of Abandoned Building Fires

An abandoned property doesn’t necessarily mean it’s completely vacant or absent of materials. Many owners abandon their homes for a variety of reasons, leaving their possessions behind. In some cases, these properties are riddled with junk inside and out. Hoarder property fires pose a risk to the community because of a combination of the factors above, and can quickly spread to adjacent structures because they’ve been unsecured and vulnerable for a period of time.  

A fire in an abandoned structure may be caused by: 

  • Pest infestation causes a gradual deterioration of protective materials
  • Damaged or faulty wires 
  • Piles of debris that can create heat and combust under the right conditions
  • Dangerous actions by unpermitted tenants who trespass on a hoarder property
  • Wildfires that spread and accelerate rapidly within the structure due to its existing condition

Lack of building security: Plywood has been the standard material used for boarding vacant and abandoned properties. However, it can be ineffective at securing these properties and provides an easy way for vandals and squatters to get in, which makes them very appealing. Some also get turned into drug houses.

Plywood boarding can be easily removed, and for first responders, plywood-boarded properties are a safety hazard. Firefighters and rescuers can’t see inside the building which places them at serious risk. During a three year period, 4,500 firefighters were injured at vacant building fires annually, says the 2018 NFPA Vacant Building Fires report.

An alternative is clear polycarbonate boarding materials to secure unoccupied properties. It’s virtually unbreakable, so it protects the property from intrusion and reduces the risk of vacancy fires. 

Defensible Space: A Crucial Shield Against Fire Hazards

When a vacant or abandoned property sits on land that has also been neglected, abandoned, or has suffered from hoarder conditions, it almost literally adds fuel to the fire. Ensuring a property complies with California's defensible space regulations is essential when abating fire-damaged properties or when trying to ensure a neglected property with any of the above conditions is properly protected during abatement and remediation.

Defensible space is a vital buffer around a property that acts as a barrier against fire, helping to slow down or stop the spread, and offering protection from damage.  By carefully managing materials outside the perimeter of a property - including vegetation and debris, defensible space minimizes fire risks, reduces heat exposure, and creates a safe area for firefighters.

So often we see hoarder homes or vacant and abandoned properties with accumulated junk, dead and dry vegetation, and rotting trees that act almost as accelerants for fires to spread.  

In California, regional climates vary, with some local government agencies having stricter standards than the state's minimum requirements of 100 feet. San Diego County, for instance, mandates 50 feet of clearance in Zone 1. Contact your local fire department for defensible space regulations.

Who Needs to Be Concerned About Nuisance Property Fires? 

Although some property owners let their properties fall into disrepair through intentional negligence, sometimes these conditions occur as the result of mental health concerns, life circumstances, or other disasters. 

Property owners are not the only ones who are concerned about the risk of fire, though. Additional concerned stakeholders may include: 

  • Community members whose property values are affected by vacant buildings
  • Neighbors whose homes may be affected by the potential spread of building fires
  • Community organizations that focus on neighborhood improvement
  • Code enforcement officers and first responders who have to investigate and respond to dangerous conditions at these properties
  • Lenders who are at risk of damaged collateral
  • Lawyers who represent any of the above parties

Protect Your Vacant Property from the Risk of Fire

Receiver Richardson “Red” Griswold has been appointed by California courts over 200 times across 22 counties to act as a Receiver for disputed and/or distressed real property and business assets.  

We have extensive experience taking control of troubled real estate assets, including houses, apartments, motels, and failed developments, with a focus on hoarding, nuisance/drug activity, slum motels/apartments, illegal conversions, and abandoned properties.

If your or your client’s property is going into receivership, it is helpful to understand how a court-appointed receiver can protect the property from catastrophic fires and other damage. Similarly, if a property in receivership has been damaged by fire, a health and safety receiver will have the authority to rehabilitate or demolish the property. 


Check out our video on how we addressed the aftermath of a fire at the Mayan Hotel in El Centro, California.

 

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