Wildland-Urban Interface Federal Risk Mitigation

Executive Order 13728 of May 18, 2016

Wildland-Urban Interface Federal Risk Mitigation

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and to improve the Nation's resilience to
wildfire, I hereby direct the following:

Section 1. Policy. It is the policy of the United
States to strengthen the security and resilience of the
Nation against the impacts of wildfire. The annual
estimates on structure loss due to wildfire have
increased dramatically over the past six decades as a
result of multi-year drought conditions in combination
with accumulated fuel loads, growing populations
residing in the wildland-urban interface, and
associated increases in the exposure of built
environments. As such, we must continue to ensure our
Nation is resilient to wildfire in order to promote
public safety, economic strength, and national
security.

The Federal Government must continue to take proactive
steps to enhance the resilience of buildings that are
owned by the Federal Government and are located on
Federal land. Each executive department and agency
(agency) responsible for implementing this order shall
seek to enhance the resilience of its buildings when
making investment decisions to ensure continued
performance of essential functions and to reduce risks
to its buildings' occupants in the event of a wildfire.

Sec. 2. Codes and Concurrent Requirements. (a)
Commencing within 90 days of the completion of the
implementing guidelines as described in section 3(b)(i)
of this order, each agency shall ensure that every new
Federal building above 5,000 gross square feet on
Federal land within the wildland-urban interface at
moderate or greater wildfire risk for which the agency
has not completed design is in compliance with the 2015
edition of the International Wildland-Urban Interface
Code (IWUIC) promulgated by the International Code
Council (ICC), or an equivalent code, consistent with
the provisions of and to the extent required by 40
U.S.C. 3312. When the ICC releases a new version of the
IWUIC, a determination shall be made whether the new
version is a nationally recognized code for the
purposes of 40 U.S.C. 3312(b), as expeditiously as
practicable, but not later than 2 years after the
release of the new version. If a determination is made
that a new version is a nationally recognized code,
agencies shall ensure that any Federal building covered
by this section for which the agency has not completed
design is in compliance with that new version, or an
equivalent code, consistent with the provisions of and
to the extent required by 40 U.S.C. 3312.

    (b) Commencing within 90 days of the completion of
the implementing guidelines as described in section
3(b)(i) of this order, each agency responsible for the
alteration of an existing Federal building above 5,000
gross square feet on Federal land within the wildland-
urban interface at moderate or greater wildfire risk
for which the agency has not completed design shall
ensure that the alteration is effectuated in compliance
with the IWUIC, or an equivalent code, consistent with
the provisions of and to the extent required by 40
U.S.C. 3312. When the ICC releases a new version of the
IWUIC, a determination shall be made whether the new
version is a nationally recognized code for the
purposes of 40 U.S.C. 3312(b), as expeditiously as
practicable, but not later than 2 years after the
release of the new version. If a determination is made
that a new version is a nationally recognized code,
agencies shall ensure that any Federal building covered
by this section

for which the agency has not completed design is in
compliance with that new version, or an equivalent
code, consistent with the provisions of and to the
extent required by 40 U.S.C. 3312.
    (c) Each agency that owns an existing Federal
building above 5,000 gross square feet on Federal land
within the wildland-urban interface at moderate or
greater wildfire risk is strongly encouraged to ensure
that such existing buildings are in compliance with the
IWUIC, or an equivalent code.
    (d) The heads of agencies whose activities are
covered by sections 2(a) and 2(b) of this order shall
complete a wildfire risk assessment of their existing
Federal buildings above 5,000 gross square feet within
the wildland-urban interface and are strongly
encouraged to consider creating and maintaining a
defensible space in compliance with the IWUIC, or an
equivalent code, for each of those buildings they
determine to be at highest risk.
    (e) Each agency that leases space in a building to
be constructed for the predominant use of an agency
above 5,000 rentable square feet in the wildland-urban
interface in an area of greater than moderate wildfire
risk is strongly encouraged to ensure that the building
is designed and constructed in accord with the IWUIC,
or an equivalent code.
    (f) Each agency assisting in the financing, through
Federal grants or loans, or guaranteeing the financing,
through loan or mortgage insurance premiums, of a newly
constructed building or of an alteration of an existing
building above 5,000 gross square feet within the
wildland-urban interface at moderate or greater
wildfire risk shall consider updating its procedures
for providing the assistance to be consistent with
sections 2(a) and 2(b) of this order, to ensure
appropriate consideration of wildfire-resistant design
and construction.
    (g) To the extent permitted by law, the heads of
all agencies may:

(i) require higher performance levels than exist in the codes described in
section 2(a) of this order;

(ii) apply the requirements within section 2(a) of this order to new
buildings less than 5,000 gross square feet on Federal land within the
wildland-urban interface at moderate or greater wildfire risk; and

(iii) apply the requirements within section 2(b) of this order to existing
buildings less than 5,000 gross square feet on Federal land within the
wildland-urban interface at moderate or greater wildfire risk.

    (h) When calculating whether a building is at
moderate or greater wildfire risk, agencies should act
in accordance with the methods described in the 2015
edition of the IWUIC, or any subsequent version that is
determined to be a nationally recognized code for the
purposes of 40 U.S.C. 3312(b), or an equivalent code,
or in accordance with an equivalent method.
    (i) Each building constructed or altered in
accordance with section 2(a) or (b) of this order shall
comply with the IWUIC, or an equivalent code, only to
the maximum extent feasible as determined by the head
of an agency.

Sec. 3. Agency Responsibilities. (a) The heads of all
agencies that own Federal buildings above 5,000 gross
square feet on Federal land within the wildland-urban
interface at moderate or greater wildfire risk shall
determine the appropriate process within their
respective agencies to ensure compliance with this
order.

    (b) The Mitigation Framework Leadership Group
(MitFLG) shall:

(i) create implementing guidelines to advise and assist agency compliance
with the code requirements within 240 days of the date of this order;

(ii) provide assistance to the agencies in interpreting the implementing
guidelines.

    (c) When determining whether buildings are located
within the wildland-urban interface, agencies shall use
the U.S. Department of Agriculture Forest Service's,
“The 2010 Wildland-Urban Interface of the Conterminous
United

States,” or an equivalent tool. The Secretary of
Agriculture shall provide assistance to the agencies in
determining whether buildings are located within the
wildland-urban interface.
    (d) The heads of agencies whose activities are
covered by sections 2(a) and 2(b) of this order shall
submit a report once every 2 years to the Chair of the
MitFLG on their progress in implementing the order,
commencing 2 years from the date of this order.

Sec. 4. Definition. As used in this order, “building”
means a constructed asset that is enclosed with walls
and a roof that provides space for agencies to perform
activities or store materials as well as provides
spaces for people to live or work.

Sec. 5. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the
head thereof; or

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

    (b) This order shall be implemented consistent with
applicable law, including the National Historic
Preservation Act of 1966, and subject to the
availability of appropriations.
    (c) This order applies only to buildings within the
United States and its territories and possessions.
    (d) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

    (Presidential Sig.)

THE WHITE HOUSE,

    May 18, 2016.