What is AB 1795 and when did it take effect?

AB 1795, the Smoke Damage Recovery Act, was signed by Governor Newsom on September 15, 2026. It establishes enforceable standards for investigating, testing, and restoring smoke-damaged homes and creates a rebuttable presumption that smoke damage within a wildfire impact zone was caused by the wildfire.

What does "rebuttable presumption" mean under AB 1795?

If smoke, ash, soot, or combustion byproducts are found in a home within the wildfire impact zone, the law presumes the wildfire caused the damage. The insurer must disprove that presumption if they want to deny the claim. Previously, the homeowner had to prove the wildfire caused the contamination.

Does AB 1795 cover homes that didn't burn in the fire?

Yes. The law specifically addresses surviving homes that sustained smoke contamination without structural fire damage. This is the core scenario AB 1795 was designed for: homes that look fine structurally but are contaminated with toxic smoke residue.

Can my insurance company cut off my living expenses while the claim is pending?

No. Under companion legislation AB 1642 (signed the same day), insurers cannot terminate Additional Living Expenses or loss-of-use benefits until the home has been restored to pre-loss condition and cleared for human occupancy under CalEPA health-based standards.

How does a home inspection help with an AB 1795 claim?

The inspection documents the building's physical condition: how smoke entered (envelope breaches, HVAC pathways, attic ventilation), what areas show contamination (discoloration, odor, soot deposits), and the current state of the structure. This documentation supports the claim by establishing the connection between the building's condition and the smoke event.

Does a home inspection test for specific chemicals in smoke residue?

No. Chemical sampling and lab analysis of smoke residue require an environmental testing professional (industrial hygienist or certified environmental consultant). The home inspection documents the physical building condition. Both evaluations together provide the complete picture.

Which San Diego areas are most at risk for wildfire smoke damage?

Properties near wildland-urban interface zones across Poway, Ramona, Alpine, Jamul, Julian, 4S Ranch, Rancho Bernardo, Scripps Ranch, Tierrasanta, and parts of Escondido are at elevated risk. However, any property within the wildfire impact zone (defined as the ZIP codes within or partially within the fire perimeter) qualifies for AB 1795 protections.

When should I get a home inspection after a nearby wildfire?

As soon as possible after the smoke clears and it's safe to access the property. Documenting conditions early creates a stronger evidentiary record. If remediation work has already started, document the pre-remediation and post-remediation conditions.

Does AB 1795 apply to renters?

AB 1795 applies to residential property insurance claims. Renters with renter's insurance may have smoke damage coverage depending on their policy terms. The building-level inspection is the property owner's responsibility. Renters should contact their insurance carrier about their specific coverage.

What are the CalEPA health-based standards mentioned in AB 1795?

CalEPA is required to develop health-based standards for minimum sampling, testing, and chemical screening levels for smoke-damaged residential properties by June 30, 2027. These standards will define what "cleared for human occupancy" means under the law. Until those standards are published, the law's presumption and ALE protections are already in effect.

AB 1795 Smoke Damage Act: What a Home Inspection Documents (2026)

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