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9/9/26
EMBER & BOF Zone 0: Where the Current Rules Actually Stand
Given that the state regulation's fate is still undecided and Berkeley has indicated its own ordinance may be revisited (in the article below and elsewhere), residents may want to factor that into their own timing and decisions.
The Berkeley Scanner ran an informative piece this week, headlining a new art exhibit featuring noncombustible garden art, but also interviewing BFD's Colin Arnold and Councilmember Brent Blackaby. Later in the piece, the article switched gears and included facts worth knowing if you're struggling with EMBER requirements.
"Can fire-safe yards be beautiful? Berkeley gallery says yes"
--Kate Darby Rauch, The Berkeley Scanner, Sept. 8, 2026
Synopsis:
• The state's Zone 0 regulation is not final. It is currently before the Office of Administrative Law, which can approve or reject it. Public comments were filed September 2, 2026.
• Berkeley's EMBER ordinance is not identical — for example, the state's draft standard, as described in the article, uses a 1-foot base noncombustible zone (extending up to 5 feet depending on eave width). There are also other differences.
• No fines have been issued in Berkeley to date. BFD Assistant Chief Colin Arnold is quoted stating the department is taking an educational approach and "meeting people where they are," rather than enforcing hard deadlines.
• The city has signaled its rules may change. Councilmember Brent Blackaby said Berkeley's EMBER working group will reconvene to review the new state regulation against the city's own, and that lessons from inspections so far — including case-by-case exceptions — could lead to adjustments to the local ordinance.
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...Under Construction... (9/9/26)