Resolution 245-20151
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MONROE COUNTY, FLORIDA
WHEREAS, Monroe County is currently a participating community in the Nation
Flood Insurance Program (NFIP) and is working on internal County policies to improve upon
interpretation of NFIP regulations; and
WHEREAS, Monroe County desires to become eligible to enter FEMA's Communii
Rating System (CRS); and
WHEREAS, Monroe County Code Section 122-2(c), in part, requires that in interpreting
other provisions of this chapter, the building official shall be guided by the current edition of
FEMA's 44 CFR, and FEMA's interpretive letters, policy statements and technical bulletins as
adopted by resolution from time to time by the board of county commissioners;
�Kljjj 10 1 KIM LIJ1113 D1 ad 11JOR11 x4i lill Snall PLO] ti If
Section 1. Pursuant to Monroe County Code Section 122-2(c), the Board hereby .do!
Monroe County "Substantial Improvement or Substantial Damage (50% Rule) Application &
Affidavits Policy" dated October 2015, a copy of which is attached hereto.
Section 2. `Ihe Clerk of the Board is hereby directed to forward one (1) certified copy of
this Resolution to the Building Department.
I PASSED AND ADOPTED by the Board of County Commissioners of Monroe Count
2 Florida, at a regular meeting held on tile 16 1h of September, 2015. 1
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OF MONROE COUNTY, FLORIDA
BY:
Mayor' Kolhage
21T
Mayor Danny L. Kolhage
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner David Rice
County of Monroe
Growth Manager-ceitDiviska-
Building Department
Murray E. Nelson Government Center
102050 Overseas Highway
Key Largo, Florida 33037
Voice: (305) 853-8800
FAX: (305) 853-8818
W UNW.
George Neugent, Dist. 2
David Rice, Dist. 4
Sylvia Murphy, Dist. 5
We strive to be caring, professional, and fair.
lawarom,
From: Wes Maltby, Interim Monroe County Building Official
Re: Substantial Improvement or Substantial Damage (50% Rule) Application & Affidavits Policy
Regulatory References: The following are useful excerpts from directly relevant substantial
improvement and substantial damage regulations. They are not intended as all-encompassing
reproductions of these regulations. In all cases, the original regulations should be consulted.
nam
Section 122-2 (c)
In interpreting other provisions of this chapter, the building official shall be guided by the current
edition of FEMA's 44 CFR, and FEMA's interpretive letters, policy statements and technical bulletins
as adopted by resolution from time to time by the board of county commissioners.
Section 122-3 (a)
The cost of l . to remedy and sanitary code deficiencies can be deducted
from the overall cost of an improvement, but only if-
1. an appropriate regulatory official such as a building official, fire marshal, or health officer was
informed about and knows the extent of the code related deficiencies, and
2. the deficiency was in existence prior to the damage event or improvement and will not be
triggered solely by the fact that the structure is being improved or repaired.
In addition, for any repair required to meet health, sanitary, and safety codes, only the minimum
necessary to assure safe living conditions should be deducted, including those improvements required
by Chapter 11, 2012 Florida Accessibility Code. Costs of repairs that are in excess of the minimum
necessary for continued occupancy or use will be counted toward the cost of the overall
improvement.
Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the
"start of construction" of the improvement. This term includes structures which have incurred
"substantial damage, "regardless of the actual repair work performed. The term does not, however,
include either:
1. Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local building
official and which are the minimum necessary to assure safe living conditions or
2. Any alterations of a "historic structure," provided that the alteration will not preclude the
structure's continued designation as a "historic structure."
Floodplain management requirements for new construction apply to substantial improvements.
Supplemental Information for Substantial Improvement
The basic types of improvements are rehabilitations or reconstructions that do not increase square
footage, and lateral or vertical additions that do increase square footage.
Rehabilitation or reconstruction would be a partial or complete "gutting" and replacement o f
internal workings and may or may not include structural changes. If this action is substantial, i.e.,
over 50 percent of the structure's market value, it is considered new construction, and the entire
building must be elevated to or above the Base Flood Elevation (BFE) (or floodproofed if the
building is non - residential).
For a lateral addition, if the substantial improvement is to add a room or rooms outside the footprint
of the existing building, only the addition is required to be elevated to or above the BFE, i.e.; the
existing building does not have to be elevated. Vertical additions would require that the entire
structure be elevated to or above the BFE. Even though the improvement itself is entirely above the
BFE, it is dependent on the walls and foundation of the existing building for structural support.
Substantial Improvement or Substantial Damage (50% Rule) Application & Affidavits Policy /Page 2 of 7
Section (b)
Except for • specifically exempted under r r the building official shall require building
permits for all proposed construction or other improvements within areas of special flood hazard.
In addition to the standard reguirements for a building Dermit, an application for a buildigg permi
for construction or improvements within areas of special flood hazard shall contain the information
and certifications set forth in a form vrovided by the Building Official.
44 CFR 59.1 (3)
SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby the cost of
restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the
structure before the "start of construction" of the improvement. This term includes structures which
have incurred "substantial damage ", regardless of the actual repair work performed. The term does not,
however, include either:
(1) Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions or
(2) Any alteration of a "historic structure ", provided that the alteration will not preclude the structure's
continued designation as a "historic structure ". 30 -year setback means a distance.
44 CFR 60.3
§ 60.3(a)(3) Review all permit applications to determine whether proposed building sites will be
reasonably safe from flooding. If a proposed building site is in a flood prone area, all new construction
and substantial improvements shall (i) be designed (or modified) and adequately anchored to prevent
flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, (ii) be constructed with materials resistant to flood damage, (iii)
be constructed by methods and practices that minimize flood damage, and (iv) be constructed with
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 offlooding;
§ 60.3(b)(4) Obtain, review and reasonably utilize any base flood elevation and floodway data available
from a Federal, State, or other source, including data developed pursuant to paragraph (h)(3) of this
section, as criteria for requiring that new construction, substantial improvements, or other development
in Zone A on the community's FHBM or FIRM meet the standards in paragraphs (c)(2), (c)(3), (c)(5),
(c) (6), (c) (12), (c) (14), (d) (2) and (d) (3) of this section;
§ 603(c)(2) Require that all new construction and substantial improvements of residential structures
within Zones Al -30, AE and AH zones on the community's FIRM have the lowest floor (including
basement) elevated to or above the base flood level, unless the community is granted an exception by the
Substantial Improvement or Substantial Damage (50% Rule) Application & Affidavits Policy/Page 3 of 7
Administrator for the allowance of basements in accordance with § 60.6 (b) or (c); § 60.3(c)(3) Require
that all new construction and substantial improvements of non- residential structures within Zones Al -30,
AE and AHzones on the community's FIRM (i) have the lowest § 60.3(c) (12) Require that manufactured
homes to be placed or substantially improved on sites in an existing manufactured home park or
subdivision within Zones A -1 -30, AH, and AE on the com- munity's FIRM that are not subject to the
provisions of paragraph (c)(6) of this section be elevated so that either : (i) The lowest floor of the
manufactured home is at or above the base flood elevation, or (ii) The manufactured home chassis is
supported by reinforced piers or other foundation elements of at least equivalent strength that are no
less than 36 inches in height above grade and be securely anchored to an adequately anchored
foundation system to resist floatation, collapse, and lateral movement.
§ 60.3(e)(4) [When V zones have been designated] Provide that all new construction and substantial
improvements in Zones V1 -30 and VE, and also Zone V if base flood elevation data is available, on the
community's FIRM, are elevated on pilings and columns so that (1) the bottom of the lowest horizontal
structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base
flood level; and (ii) the pile or column foundation and structure attached thereto is anchored to resist
flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously
on all building components. Water loading values used shall be those associated with the base flood.
Wind loading values used shall be those required by applicable State or local building standards, A
registered professional engineer or architect shall develop or re -view the structural design,
specifications and plans for the construction, and shall certify that the design and methods of
construction to be used are in accordance with accepted standards of practice for meeting the provisions
ofparagraphs (e)(4) (i) and (ii) of this section.
§ 60.3(e)(5) Provide that all new construction and substantial improvements within Zones VI -30, VE,
and V on the community's FIRM have the space below the lowest floor either free of obstruction or
constructed with non - supporting breakaway walls, open wood lattice -work, or insect screening intended
to collapse under wind and water loads without causing collapse, displacement, or other structural
damage to the elevated portion of the building or supporting foundation system
!` 1 10 l rt�t J 7 Ali' ,M
Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before - damage condition would equal or exceed 50 percent of the market value of the
structure before the damage occurred.
Substantial Improvement. Any repair, reconstruction, rehabilitation, addition or improvement of a
building or structure, the cost of which equals or exceeds 50 percent of the market value of the structure
before the improvement or repair is started. If the structure has sustained substantial damage, any repairs
ore considered substantial improvement regardless of the actual repair work performed. The term does
not, however, include either:
1. Any project for improvement of a building required to correct existing health, sanitary or safety
code violations identified by the building official and that are the minimum necessary to assure
safe living conditions.
2. Any alteration of a historic structure provided that the alteration will not preclude the structure's
continued designation as a historic structure.
Substantial Improvement or Substantial Damage (50% Rule) Application & Affidavits Policy /Page 4 of 7
[B] 403.2 Mood hazard areas. For buildings and structures in flood hazard areas established in
Section 1612.3 of the Florida Building Code, Building or Section R322 of the Florida Building Code,
Residential, as applicable, any alteration that constitutes substantial improvement of the existing
structure, as defined in Section 202, shall comply with the flood design requirements for new
construction, and all aspects of the existing structure shall be brought into compliance with the
requirements for new construction for flood design. For buildings and structures in flood hazard
areas established in Section 1612.3 of the Florida Building Code, Building, or Section R322 of the
Florida Building Code, Residential, as applicable, any alterations that do not constitute substantial
improvement of the existing structure, as defined in Section 202, are not required to comply with
the flood design requirements for new construction.
[B] 1103.5 Hood hazard areas. Additions and foundations i flood hazard areas shall comply with
the following requirements:
For horizontal additions that are structurally inter - connected to the existing building:
1.1. If the addition and all other proposed work, when combined, constitute
substantial improvement, the existing building and the addition shall comply
with Section 1612 of the Florida Building Code, Building or Section R322 of
the Florida Building Code, Residential as applicable.
1.2. If the addition constitutes substantial improvement, the existing building and
the addition shall comply with Section 1612 of the Florida Building Code,
Building or Section 8322 of the Florida Building Code, Residential as
applicable.
2, For horizontal additions that are not structurally inter- connected to the existing building:
11, The addition shall comply with Section 1612 of the Florida Building Code,
Building or Section R322 of the Florida Building Code, Residential, as
applicable.
11 If the addition and all other proposed work, when combined, constitute
substantial improvement, the existing building and the addition shall comply
with Section 1612 of the Florida Building Code, Building or Section 8322
of the Florida Building Code, Residential, as applicable.
3. For vertical additions and all other proposed work that, when combined, constitute substantial
improvement, the existing building shall comply with Section 1612 of the Florida Hui/ding
Code, Building or Section 8322 of the Florida Building Code, Residential, as applicable
4. For a raised or extended foundation, if the foundation work and all other proposed work, when
combined, constitute substantial improvement, the existing building shall comply with
Section 1612 of the Florida Building Code, Building.
. For a new foundation or replacement foundation, the foundation shall comply with
Section 1612 of the Florida Building Code, Building, or Section R322 of the Florida
Building Code, Residential, as applicable.
Substantial Improvement or Substantial Damage (50% Rule) Application & Affidavits Policy /Page 5 of 7
4. The Building Department will evaluate the cost of improvements or repairs and determine if they
are fair and reasonable. For damage repairs, pre-storm prices and rates will be - utilized. The cost
of improvements or repairs does not include items not considered a pennanent part of the
structure. (i.e., plans, surveys, permits, sidewalks, pools, screens, sheds, gazebos, fences, etc.--
see attached copy)
Substantial Improvement or Substantial Damage (50% Rule) Application & Affidavits Policy/Page 6 of 7
6. If the lowest floor of the structure, including electrical, mechanical and plumbing equipment are
already above the base flood elevation, the building can be repaired and reconstructed without
having to comply with the 50% Rule.
7- Building plans must be prepared to show how the building is to be elevated. If located in a
Special Flood Hazard (Area VE or AE flood zone), or if the building is to be floodproofed
(only structures located in an AE flood zone), these plans must be prepared and certified by a
registered professional engineer or architect. Certificates for this purpose are available from the
Monroe County Building Department.
8. A single improvement that is broken down into parts or "phases" may still be subject to the 50%
Rule. The following is the guidance used to determine if a permit or multiple permits constitute a
substantial improvement or substantial damage:
a. Incomplete work. Permits will not be issued for work that clearly will not result in a
building that can be occupied without additional work.
b. Multiple permits. The value of all work for all open permits is combined for the 50%
Rule determination, regardless of the number of permits issued.
c. Consecutive permits. If an application for a second permit is submitted within a short
period of time after the first permit is closed, the Building Official will examine whether
the work proposed in the second permit application is related to the scope of work in the
first permit. If so, then the work is considered to be one project and must be evaluated in
conjunction with the first permit to determine whether the combination constitutes
substantial improvement. Therefore, the applicant is advised to consider all costs the
proposed improvements or project phases before issuance of the first permit.
d. Modification of issued permits. A request to modify an existing permit which results in
an increased project value could retroactively trigger a substantial improvement or
substantial damage determination. The Building Official will verify that any proposed
repair work includes all of the anticipated work, including improvements to the building.
e. Unpermitted work. If unauthorized work on a building in the SFHA is discovered, the
enforcement action will be taken by Monroe County which will include making a
substantial improvement and substantial damage determination. The costs must include all
of the work that has been performed, plus all of the remaining work necessary to complete
the project.
9. The Building Official may require a pre - permitting site inspection for any permit application to
document the pre - improvement condition of the structure.
Substantial Improvement or Substantial Damage (50% Rule) Application & Affidavits Policy/Page 7 of 7