HomeMy WebLinkAboutResolution 241-20153
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MONROE COUNTY, FLORIDA
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RESOLUTION NO. 241 2015
WHEREAS, Monroe County is currently a participating community in the National
Flood Insurance Program (NFIP) and is working on internal County policies to improve upon its
interpretation of NFIP regulations; and
WHEREAS, Monroe County desires to become eligible to enter FEMA's Community
Rating System (CRS); and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Pursuant to Monroe County Code Section 122-2(c), the Board hereby adopts
FDEM "Technical Topic: Guidance for Pools and Outdoor Kitchens/Bars in Flood Hazard
Areas" dated November 201 a copy of which is attached hereto.
Section 2. The Clerk of the Board is hereby directed to forward one (1) certed copy
this Resolution to the Building Department. i
I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
2 Florida, at a regular meeting held on the 16"' of September, 2015.
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Mayor Danny L. Kolhage Yes
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Mayor pro tem Heather Carruthers yza--
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Commissioner Sylvia Murphy Yes
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Commissioner George Neugent s
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Commissioner David Rice
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Who - NM ;
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OF MONROE COUNTY, FLORIDA
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Tec hnical 1 for l 1 f! Out door :. 1;f ii
Hazar Areas
Floodplain Management Office
Florida Division of Emergency Management
November 2010
Several questions have been asked recently about how communities should review and regulate
pool equipment and pool controls when pools are installed in special flood hazard areas.
Another question was asked about "outdoor kitchens" and outdoor bars. DEM. has reviewed
various guidance documents published by FEMA and finds no guidance that explicitly addresses
these types of development.
The NFIP requirements are intended to satisfy two performance expectations: that development
is "reasonably safe from flooding" and that development is undertaken in ways that "minimize
flood damage." For buildings, the primary way those expectations are satisfied is by elevating
the lowest floors to or above the flood level. For all of the requirements, which vary somewhat
by flood zone (i.e., A zone or V zone), see 44 CFR Section 60.3 or the flood damage prevention
regulations adopted by all flood -prone communities in Florida.
The NFIP regulations and local regulations also require that utilities, equipment and appliances
that serve buildings must be elevated or they must comply with a performance -based alternative
that allows location below the Base Flood Elevation if "electrical, heating, ventilation, plumbing,
and air conditioning equipment and other service facilities that are designed and/or located so as
to prevent water from entering or accumulating within the components during conditions of
flooding" [see 44 CFR 60.3(a)(3)(i)].
However, the NFIP does not have explicit requirements for equipment and applicances that do
not serve buildings, such as pool equipment and pool controls or outdoor kitchens/bars. Local
floodplain management regulations require communities to regulate all development, and the
term "development" is broadly defined. Thus, all activities are regulated. The question then
becomes what are the standards that should be used when reviewing non - building development?
Below is guidance that is specific to pools (and pool controls, equipment and tanks), followed by
guidance for outdoor kitchens and bar setups on restaurant/hotel decks and patios.
And finally, DEM is aware that some people believe that whether something is or is not covered
by federal flood insurance influences whether and how communities regulate development in
special flood hazard areas. This is not correct. Communities are required to regulate all
development.
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DEM Floodplain Management Office Helpline: 850- 413 -9960
Tech Topic: Pools, Outdoor Kitchens (November 2010)
Guidance for Regulating Swimming Pools, Pool Controls, of Equipment and Tanks in
Flood Hazard Areas in Florida
2010 Florida Building Code, Building
2010 Florida Building Code, Residential
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,vround pools that involve placement of fill, shall comply with Sections R32224.1 or
R13322.2.4.2.
Exception: Pools located in riverine flood hazard areas which are outside of
designated floodways.
Tech Topic: Pools, Outdoor Kitchens (November 2010) 2
MKOHM
R322.3.3.1 Pools. Pools in coastal high-hazard areas shall be designed and constructed in
conformance with ASCE 24.
Note: For additional guidance on pools in V Zones, also see FEMA Technical
Bulletin 5, Free-of-Obstruction Requirements,
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2. Pools and Enclosures.
a. Pools in any flood zone shall not be fully enclosed by walls and roofs. Walls on
all sides are not allowed because the resulting building would be an accessory
structure, and the NFIP limits the use of accessory structures that are below the
Base Flood Elevation to parking of vehicles and storage. Pools are not allowed in
enclosures, even if the walls are glass, breakaway walls (V zones), or walls with
flood openings (A zones) because recreational use is not a permitted use. Pools
may be surrounded with lattice, insect screening, or aluminum screening.
b. The NFIP allows pools to be placed under elevated buildings only if the top of the
pool and accompanying deck or walkway are flush with the existing grade, and
only if the space around the pool is not enclosed on all sides with walls (see
explanation above regarding enclosing pools with walls). Designs for V zone
buildings with pools underneath must be certified by a registered design
professional that the building and pool will not be subject to flotation or
displacement that will damage building foundations during a flood. [Note: For
additional guidance on swimmingpools in V Zones, see FEMA Technical Bulletin 5,
Free -of- Obstruction Requirements,
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3. Pool controls. Pool controls must be elevated to or above the Base Flood Elevation.
Pool controls shall not be mounted on walls intended to break away under flood loads. If
controls cannot be elevated and still comply with safety requirements, the controls may
be permitted below the Base Flood Elevation if on a separate GFCI circuit.
4. Pool equipment. In the interest of meeting the expectation that the equipment is
"reasonably safe from flooding" and to "minimize flood damage," communities should
not simply ignore the risk and allow equipment installations at-grade. Pool equipment
must either:
a. Be elevated and securely anchored to a platform; the height of the platform could
either be to/above the Base Flood Elevation or as high as practical, given
limitations on the owner's access (partial elevation reduces exposure to more
frequent flooding than the base flood); or
b. If not elevated, be anchored to prevent flotation and protected to prevent water
from entering or accumulating within the components during conditions of
flooding.
Tech Topic: Pools, Outdoor Kitchens (November 2010)
Tech Topic: Pools, Outdoor Kitchens (November 201 d)
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Tech Topic: Pools, Outdoor Kitchens (November 201