Every smoke damage insurance claim California homeowners file after a wildfire will soon be judged against a new, uniform standard. California lawmakers are moving forward with the Smoke Damage Recovery Act (AB 1795), the state’s first attempt to set enforceable standards for testing, cleaning, and restoring homes damaged by wildfire smoke. For homeowners in Los Angeles County who lived through the January 2025 wildfires, the bill directly addresses a gap that shaped many of the more than 42,000 insurance claims filed after those fires: there has never been a consistent, science-based rule for what counts as “clean” after smoke exposure.
AB 1795 would require insurers to inspect smoke-damage claims within 30 days of notice, prevent them from cutting off additional living expense coverage until a home is cleared as habitable, and create statewide protocols for smoke testing and restoration. It does not change how smoke damage actually behaves inside a structure, or how a restoration company documents damage for your insurance claim. That part still comes down to inspection, testing, and following an established restoration standard.
What AB 1795 actually changes
AB 1795 targets the insurance claims process, not the physical restoration work itself. It was introduced by Assemblymember Mike Gipson and California Insurance Commissioner Ricardo Lara following a nine-month review by the state’s Smoke Claims and Remediation Task Force, formed after the 2025 Los Angeles wildfires.
The bill’s core provisions include:
- A statewide framework for inspecting, sampling, and testing smoke-related contamination in homes, so insurers can no longer apply inconsistent internal standards from claim to claim.
- A 30-day window for insurers to inspect a smoke-damage claim after it’s reported.
- A prohibition on ending additional living expense (ALE) payments until a home has been independently cleared as safe for habitation.
- Training and certification requirements for professionals who assess, test, and restore smoke-damaged property.
- An early-action provision letting homeowners rely on local health or environmental agency standards immediately, rather than waiting for the statewide rules to be finalized.
As of mid-2026, the bill has moved through committee hearings in the Assembly, per the California Department of Insurance. It has not yet been signed into law, so it does not currently override existing insurance claims procedures. Homeowners should treat it as a strong signal of where claims standards are headed, not as an enforceable rule today.
How smoke damage is actually assessed right now
Until AB 1795’s standards take effect, restoration professionals work from the ANSI/IICRC S700 Standard for Fire and Smoke Damage Restoration, most recently revised in 2025 to address wildfire-specific contamination separately from structure fires. This is the framework insurance adjusters and restoration companies already reference when they evaluate a claim, and it’s the same standard our technicians follow on every fire and smoke damage restoration project.
A proper assessment typically includes:
| Step | What it involves |
|---|---|
| Pre-inspection | Documenting visible soot, ash, and residue; identifying the type of smoke (wildfire vs. structural) and which surfaces and HVAC components are affected |
| Baseline testing | Surface sampling and, where relevant, air quality or ATP testing to establish contamination levels before cleaning begins |
| Scope of work | A written plan covering cleaning, deodorization, HVAC decontamination, and any materials that need to be removed rather than cleaned |
| Restoration | Systematic cleaning and deodorization following S700 protocols, working from least to most contaminated areas |
| Post-clean verification | A second round of testing or inspection to confirm the home meets clearance levels before it’s considered restored |
Wildfire smoke behaves differently than smoke from a structure fire. It travels through HVAC systems and settles into fabric, insulation, and porous materials even in homes that were never near open flame, which is why testing matters as much as visible cleanup.
What to do if you’re filing a smoke damage insurance claim in California now
You do not need to wait for AB 1795 to become law to protect a claim. The same documentation habits the bill would eventually require are worth following today.
- Get a professional inspection before you clean anything yourself. Wiping down surfaces or running air purifiers before documentation happens can remove the evidence an adjuster needs to approve testing-based cleaning versus a lower cash payout.
- Ask for written testing results, not just a visual assessment. A restoration company following IICRC S700 should be able to provide surface or air sample data, not just a verbal opinion that the home “looks fine.”
- Keep your additional living expense receipts. If you’re staying elsewhere while your home is tested and cleared, save every receipt. Under current practice, insurers can end ALE payments once they determine a home is habitable, even if that determination is disputed.
- Request the inspection timeline in writing. If your insurer is slow to schedule an inspection, a written request creates a record you can reference if you need to escalate the claim or file a complaint with the California Department of Insurance.
- Track every conversation. Note the date, the adjuster’s name, and what was discussed after each call. Claims involving smoke damage are often disputed specifically because “clean” was never clearly defined, so your own paper trail matters.
Common mistakes homeowners make with smoke damage claims
A few patterns show up repeatedly in disputed smoke damage claims, and most are avoidable.
- Assuming no visible soot means no damage. Fine particulate smoke residue can settle in HVAC ducts, insulation, and wall cavities without leaving visible marks, but it still affects indoor air quality and materials long after the fire is out.
- Accepting a visual-only assessment. An adjuster’s walkthrough is not the same as documented testing. If your insurer denies a claim or offers a low settlement based on a visual check alone, you can request a formal inspection using S700 protocols.
- Not documenting pre-loss condition. Photos, receipts, or even social media posts showing the home before the fire can help establish what “restored to pre-loss condition” should mean.
- Waiting too long to report the claim. Odor and contamination can worsen over time, particularly in HVAC systems that keep circulating residue through the home.
- Treating ash cleanup and smoke restoration as the same service. Removing visible ash from exterior surfaces is a different scope of work than testing and remediating smoke odor and particulate that has penetrated the structure.
Frequently asked questions
Is AB 1795 law yet?
Not as of mid-2026. The bill has been introduced and is moving through Assembly committee hearings, but it has not been signed into law. It does not currently create new legal requirements for insurers or homeowners.
Does my insurance company have to test for smoke damage before denying my claim?
Under current practice, this varies by insurer and policy. Requesting a formal inspection using recognized standards like IICRC S700, in writing, strengthens your position if a claim is denied or underpaid based on a visual assessment alone.
How long does smoke damage restoration usually take?
A single room with light residue can be cleared in a few days. A whole-home wildfire smoke case, including HVAC decontamination and post-clean verification testing, often takes one to three weeks depending on the extent of contamination and how quickly testing results come back.
Can I stay in my home during smoke damage testing and restoration?
It depends on the test results. Homes with light surface residue and no HVAC contamination are often habitable during cleanup. Homes with elevated particulate levels in the air, especially where children, older adults, or people with respiratory conditions live, are usually safer to vacate until post-clean testing confirms clearance.
What’s the difference between ash cleanup and smoke damage restoration?
Ash cleanup addresses visible debris, typically on exterior surfaces, roofs, and gutters. Smoke damage restoration addresses odor, particulate, and residue that has penetrated interior materials and HVAC systems, and requires testing to confirm it’s actually resolved rather than just masked.
Whether or not AB 1795 becomes law this session, the underlying standard for a defensible smoke damage claim is the same: documented testing before and after cleanup, a written scope of work, and a paper trail that doesn’t depend on anyone’s memory of what a home smelled like in January. Homeowners who follow that process now are already ahead of where the law is headed.