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Item H19BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 16, 2015 Department: Building Bulk Item: Yes X No Staff Contact Person/Phone #: Christine Hurley, 289-2517 Ed Koconis, 453-8727 AGENDA ITEM WORDING: Approval of a resolution of the Monroe County Board of County Commissioners adopting Florida Department of Emergency Management (FDEM) "Technical Topic: Guidance for Pools and Outdoor Kitchens/Bars in Flood Hazard Areas" dated November 2010 as required pursuant to Monroe County Code Section 122-2(c). ITEM BACKGROUND: Chapter 122 of the Monroe County Code "Floodplain Management" includes rules for interpreting flood hazard issues. 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 from time to time by the board of county commissioners. FEMA's Technical Bulletins ("bulletins") provide guidance concerning the building performance standards of the National Flood Insurance Program (NFIP), which are contained in Title 44 of the U.S. Code of Federal Regulations. The bulletins are intended for use primarily by State and local officials responsible for interpreting and enforcing NFIP regulations and by members of the development community, such as design professionals and builders. New bulletins, as well as updates to existing bulletins, are issued periodically as needed. The bulletins do not create regulations; rather they provide specific guidance for complying with the minimum requirements of existing NFIP regulations. Adopting these documents as well as internal County policies would serve to allow the County to not only remain in the NFIP as stated in Section 122-1(b), but also to move forward with the intent of becoming eligible to enter FEMA's Community Rating System (CRS). The proposed resolution would adopt FDEM "Technical Topic: Guidance for Pools and Outdoor Kitchens/Bars in Flood Hazard Areas" dated November 2010 as required pursuant to Monroe County Code Section 122-2(c). PREVIOUS RELEVANT BOCC ACTION: January 18, 1994 — BOCC approved Ordinance No. 002-1994 adding the language "as adopted by resolution from time to time by the Board of County Commissioners" to the rules for interpreting flood hazard issues. July 15, 2015 — BOCC rejected proposed ordinance amending Section 122-2(c) and directed staff to continue proposing resolutions for adoption of both new and amended documents to be used by the building official for guidance on floodplain management. CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATION: Approval TOTAL COST: N/A INDIRECT COST: NIA BUDGETED: Yes No NIA DIFFERENTIAL OF LOCAL PREFERENCE: NIA COST TO COUNTY: NIA SOURCE OF FUNDS: NIA REVENUE PRODUCING: Yes _ No NIA AMOUNT PER MONTH N/A Year APPROVED BY: County Atty X�S'r"� V OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM 4 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 VA MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. - 2015 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT (FDEM) "TECHNICAL TOPIC: GUIDANCE FOR POOLS AND OUTDOOR KITCHENS/BARS IN FLOOD HAZARD AREAS" DATED NOVEMBER 2010 AS REQUIRED PURSUANT TO MONROE COUNTY CODE SECTION 122-2(C) 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 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; 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 2010, a copy of which is attached hereto. Section 2. The Clerk of the Board is hereby directed to forward one (1) certified copy of this Resolution to the Building Department. 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 16"' of September, 2015. Mayor Danny L. Kolhage Mayor pro tem Heather Carruthers Commissioner Sylvia Murphy Commissioner George Neugent Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: AMY HEAVILIN, CLERK Deputy Clerk Mayor Danny L. Kolhage MONROE COUNTY ATTORNEY A A�P-M—aZo— STEVENFORM: T..5 ASSISTANT OU lY ATTORNEY Date Technical Topic: Guidance for Pools and Outdoor Kitchens/Bars in Flood Hazard 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 Foodplain 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. floods kem.myflorida.corn DEM Floodplain Management Office Helpline: 850-413-9960 Tech Topic: Pools, Outdoor Kitchens (November 2010) Guidance for Regulating Swimming Pools, Pool Controls, Pool Equipment and Tanks in Flood Hazard Areas in Florida Florida's communities are required to issue permits for development in special flood hazard areas, including the installation of swimming pools and associated controls, equipment and tanks, local officials must examine these proposals and consider the following: 1. Pools. How the pool itself is handled depends on the flood zone and whether the pool is in -ground, above -ground, or a combination (perhaps with associated grading and fill). The following provisions were recently approved and will appear in the 2010 Florida Building Code, Building and the 2010 Florida Building Code, Residential. In the meantime, these provisions offer guidance that meets the intent of the NFIP and local floodplain management regulations: 2010 Florida Building Code, Building 424.1.1 Flood hazard areas. Public swimming pools installed in flood hazard areas established in Section 1612.3 shall comply with Section 1612. Note: Sec. 1612 refers to ASCE 24, Flood Resistant Design and Construction, which includes provisions for pools in Sec. 9.5. Primarily, pools are to withstand flood -related loads and load combinations and if structurally connected to a structure, designed to function as a continuation of the structure. Additional requirements apply in coastal high hazard areas (V zones) and Coastal A Zones. R424.2.4.2.1 Flood hazard areas. Private swimming pools installed in flood hazard areas established in Section 1612.3 shall comply with Section 1612. 2010 Florida Building Code, Residential A ZONES R322.2.4 Pools in flood hazard areas. Pools that are located in flood hazard areas established by Table R301.2(1), including above -ground pools, on -ground pools, and in - ground pools that involve placement of fill, shall comply with Sections R322.2.4.1 or RB322.2.4.2. Exception: Pools located in riverine flood hazard areas which are outside of designated floodways. R322.2.4.1 Pools located in designated floodways. Where pools are located in designated floodways, documentation shall be submitted to the building official, which demonstrates that the construction of the pool will not increase the design flood elevation at any point within the jurisdiction. R322.2.4.2 Pools located where floodways have not been designated. Where pools are located where design flood elevations are specified but floodways have not been designated, the applicant shall provide a floodway analysis that demonstrates that the proposed pool will not increase the design flood elevation more than 1 foot (305 mm) at any point within the jurisdiction. Tech Topic: Pools, Outdoor Kitchens (November 2010) 2 V ZONES 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, http://www.fema.gov/plan/prevent/floodplain/techbul.shtm. 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 NF1P 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 swimming pools in V Zones, see FEMA Technical Bulletin 5, Free -of -Obstruction Requirements, litt ://www.fema.«ov/ lan/ revert/flood lain/techbul.shtm.] 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 "minirnize 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) 3 5. Pool equipment buildings. Buildings that house pool equipment are accessory structures. The buildings must either be elevated or, if not elevated, be constructed to comply with the pertinent requirements for accessory buildings (allowed if used only for parking or storage) based on the flood zone. 6. Tanks. Tanks must meet the requirement to either be elevated or anchored to resist anticipated flood loads (e.g., see ASCE 24, Section 9.6). 7. Pool chemicals. Communities are encouraged to specify that pool chemicals are stored above the Base Flood Elevation. Tech Topic: Pools, Outdoor Kitchens (November 2010) 4 Guidance for Regulating Outdoor Kitchens and Bars in Flood Hazard Areas in Florida Florida's communities are required to issue permits for development in special flood hazard areas, including the installation of outdoor kitchens and structures for outdoor bars. Local Officials must examine these proposals and consider the following: 1. Structures associated with outdoor kitchens/bars. Any structure that is not a walled and roofed building must comply with the applicable provisions of the local floodplain management regulations and the Florida Building Code, Building or the Florida Building Code, Residential. If located in flood hazard areas, structures such as counter tops and bars with roof/shade coverings are not required to be elevated provided the structure is anchored to prevent flotation during conditions of flooding. 2. Decks and patios. Decks and patios may be constructed below the Base Flood Elevation provided the deck/patio is: a. Structurally independent from the building; or b. If structurally connected, the building and deck/patio must be designed to function as a continuation of the load -bearing structure; and c. If located in a V zone, the lowest horizontal structural member shall be at or above the Base Flood Elevation and elevated on piles or columns in conformance with the standard V zone requirements. [Note: For additional guidance on decks and patios in V Zones, see FEMA Technical Bulletin 5, Free -of -Obstruction Requirements, http://www.fema.gov/plan/prevent/floodplaiii/techbul.shtm.] 3. Appliances and equipment. In the interest of meeting the expectation that appliance and equipment installations are "reasonably safe from flooding" and to "minimize flood damage," communities should not simply ignore the risk and allow installations at -grade. Appliances and equipment must be anchored to prevent flotation and protected to prevent water from entering or accumulating within the components during conditions of flooding. 4. Electric service. Electric service must be on a separate GFC1 circuit. 5. Sink drainage. Communities must require that drainage for outdoor kitchen sinks and bar sinks be designed to prevent the infiltration of floodwaters into municipal wastewater systems. Tech Topic: Pools, Outdoor Kitchens (November 2010) BOCC AGENDA ROUTING SLIP r rr BUILDING DEPARTMENT Agenda Item Subject: Resolution adopting Monroe County "Elevation Certificate Review Policy" Date: August 17, 2015 Prepared By: Ed Koconis, AICP, Permit Manager Agenda Deadline: August 20, 2015 BOCC meeting date: September 16, 2015 # Reviewer ***Internal Deadline to Teresa:*** Notes Initials Date Permit Manager Senior Director of Building County Attorney 5 t,J Deadline: 8r'Is l Assistant County Administrator Deadline: FINAL review by legal _X Bulk Approval Time Approximate Requested Type of Proceeding: Ad (Ad map, if applicable) Surrounding Property Owner Notice: Public Hearing Yes Legislative Deadline Deadline NIA Discussion Time Quasi -Judicial Publish Date ***Reminder*** Once your item is complete and includes all corrections, email all final word documents to Teresa Smith.