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:

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.

1. 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.
2. 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.”
3. 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.
4. 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.
5. 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.

<p>The post California’s New Smoke Damage Recovery Act: What LA Homeowners Should Know first appeared on Alpha Construction & Restoration.</p>

Why Documentation Determines Your Claim Outcome

Insurance adjusters are not in your home when the damage happens. Everything they know about your loss comes from what you and your restoration contractor hand them: photos, moisture readings, receipts, and a timeline. Treat this material like evidence for a claim file, not casual phone snapshots. If a photo isn’t timestamped, labeled, and tied to a specific room or item, an adjuster has grounds to question it, and vague or missing records are one of the fastest ways a payout gets reduced.

Good documentation does three things for you: it proves the damage happened and when, it proves the extent of the damage before any cleanup or repairs, and it supports the cost of restoring or replacing what was lost.

Before You Touch Anything: Immediate Steps

1. Confirm it’s safe to enter. After a fire, wait for the fire department to officially clear the property. After flooding, check for electrical hazards and structural damage before walking through.
2. Document first, mitigate second. A five-to-ten-minute photo and video sweep before you move anything is usually enough. Insurance policies also require you to take reasonable steps to prevent further damage (shutting off water, tarping a roof, boarding windows), so document the initial damage, then act to stop it from getting worse.
3. Notify your insurance company promptly. Most homeowner policies require notice within 24-48 hours of discovering the damage. Note the date, time, and name of whoever you spoke with.
4. Keep damaged items on-site. Don’t throw anything away until your adjuster or restoration contractor has seen and photographed it, even items that seem obviously ruined.

Photo and Video Documentation Checklist

Work room by room and be methodical. A simple pattern that holds up well with adjusters:

• Wide shots first. Capture each affected room from multiple angles before touching anything.
• Close-ups second. Get detailed shots of specific damage: charring, soot, water lines on walls, warped flooring, damaged fixtures.
• Include a scale reference. A tape measure or common object in frame helps establish the size of the damage.
• Record a walkthrough video. Narrate what you’re seeing as you move through the property; a verbal timestamp reinforces your written timeline.
• Photograph the source, if visible. A burst pipe, the point of origin of a fire, or a failed appliance, since insurers often need to establish the cause.
• Text or email yourself photo batches as you go. This creates a timestamped record independent of your phone’s internal metadata.

Written Records Adjusters Expect

Photos alone aren’t enough. Pair them with:

• A written timeline of when the damage was discovered, when you reported it, and every communication with your insurer or contractor afterward.
• A detailed inventory of damaged items, including description, brand, model or serial number, approximate purchase date, original cost, and condition. A room-by-room diagram of your home makes this easier to build without missing anything.
• Copies of receipts for the damaged items where you have them, plus any receipts generated after the loss (temporary repairs, hotel stays, supplies).
• A dedicated claim folder, physical or digital, where every photo, note, and receipt lives in one place so nothing gets lost between now and settlement.

If you’re displaced from your home, most policies cover additional living expenses like hotel bills and meals under “loss of use” coverage. Track and save every receipt related to this separately, since it’s often reimbursed under a different part of the policy than the property damage itself.

Documenting Water Damage: What Adjusters Look For

Water damage claims are won or lost on details that aren’t visible in a quick photo. Restoration professionals working to the IICRC S500 standard, the industry benchmark for water damage restoration, document three things adjusters specifically want to see:

• Moisture readings taken with a moisture meter at the time of loss and throughout drying, which prove hidden damage inside walls and under flooring that isn’t visible to the eye.
• The water category (clean water, gray water, or contaminated black water), which affects what materials can be dried versus what must be removed and replaced.
• A daily drying log showing progress toward industry-defined dry standards, which protects you against future mold claims and gives the adjuster confidence the mitigation was done correctly rather than “it looks dry now.”

Without these readings on file, insurers sometimes push back on drying time, equipment costs, or the need to remove materials that appear fine on the surface but are still wet underneath.

Documenting Fire and Smoke Damage: What Adjusters Look For

Fire claims involve damage that’s often more extensive than what’s visible after the flames are out. Focus your documentation on:

• Soot and smoke patterns throughout the home, not just the room of origin. Smoke travels through HVAC systems and can contaminate rooms far from the fire itself.
• HVAC and duct contamination, since ductwork frequently needs professional cleaning or replacement after a fire even when it isn’t visibly damaged.
• Structural and hidden damage behind walls, in the attic, or under flooring, which may require a contractor to identify and document before repairs begin.
• Water damage from firefighting efforts, which is common and often overlooked, since fire suppression can soak areas of the home that weren’t touched by flames.

Working With Your Insurance Company

• Report the loss promptly and get a claim number and adjuster contact on record.
• Meet the adjuster in person if possible, and walk them through your documentation rather than just emailing a folder of files.
• Get estimates in writing from your restoration contractor, and make sure they match the scope of what you’ve documented.
• Understand your duty to mitigate. Most policies require you to take reasonable steps to prevent further damage. Failing to secure a property, stop an active leak, or ventilate after a fire can give an insurer grounds to reduce or deny part of a claim.
• Keep every piece of correspondence, including emails, letters, and notes from phone calls.

Common Mistakes That Get Claims Reduced or Denied

• Cleaning up or throwing away damaged items before they’re photographed or inspected
• Reporting the damage days or weeks after it happened
• Relying on memory instead of a written inventory
• Skipping moisture readings and drying logs on water damage claims
• Not tracking additional living expenses separately from property damage
• Assuming “it looks dry” or “it looks fine” without a professional assessment

How Professional Restoration Documentation Strengthens Your Claim

A qualified restoration contractor does more than clean up and repair. IICRC-certified technicians document moisture readings, soot patterns, and drying progress the way adjusters expect to see them, and can communicate directly with your insurance company on technical points you may not be equipped to argue yourself.

At Alpha Construction & Restoration, our insurance claim assistance is part of how we handle every water damage, fire damage, and mold project across Los Angeles, Santa Clarita, Pasadena, Glendale, Burbank, Santa Monica, Arcadia, and Alhambra. We photograph, measure, and log the damage from the first inspection, prepare detailed estimates, and work directly with adjusters so nothing in your claim gets overlooked. You always have the final say; our role is to make sure your documentation holds up and your restoration is done right.

See our damage restoration services or check if we serve your area on our service area page.

Frequently Asked Questions

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Get Help Documenting and Filing Your Claim

If you’re dealing with fire, smoke, or water damage anywhere in Los Angeles County, Alpha Construction & Restoration can inspect your property, document the damage the way your insurance company expects, and manage the restoration from start to finish. Call (626) 466-8191 for a free inspection, available 24/7.

References

1. IICRC. S500 Standard for Professional Water Damage Restoration. https://iicrc.org/s500/
2. United Policyholders. Insurance Claim Tips for Partial Loss Fires. https://uphelp.org
3. U.S. Environmental Protection Agency. A Brief Guide to Mold, Moisture, and Your Home. https://www.epa.gov/mold

<p>The post How to Document Fire and Water Damage for Your Insurance Claim first appeared on Alpha Construction & Restoration.</p>

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