Loading...
Item H23BOARD 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 Monroe County "Substantial Improvement or Substantial Damage (50% Rule) Application & Affidavits Policy" dated October 2015 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 Monroe County "Substantial Improvement or Substantial Damage (50% Rule) Application & Affidavits Policy" dated October 2015 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: N/A STAFF RECOMMENDATION: Approval TOTAL COST: NIA INDIRECT COST: NIA BUDGETED: Yes No NIA DIFFERENTIAL OF LOCAL PREFERENCE: NIA COST TO COUNTY: NIA SOURCE OF FUNDS: NIA REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH NIA Year APPROVED BY: County Atty X OMB/Purchasing Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # 1 2 3 4 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 MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. -2015 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING MONROE COUNTY "SUBSTANTIAL IMPROVEMENT OR SUBSTANTIAL DAMAGE (50% RULE) APPLICATION & AFFIDAVITS POLICY" DATED OCTOBER 2015 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 Monroe County "Substantial Improvement or Substantial Damage (50% Rule) Application & Affidavits Policy" dated October 2015, 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 8 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 tern Heather Carruthers Commissioner Sylvia Murphy Commissioner George Neugent Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA e• (SEAL) ATTEST: AMY HEAVILIN, CLERK Deputy Clerk Mayor Danny L. Kolhage MONROE COUNTY ATTORNEY A OVES I ORM: ST1 VE T. WILLIAMS ASSiSTA,NT C UNTY ATTORNEY Data County of Monroe Growth Management Division Building Department Murray E. Nelson Government Center 102050 Overseas Highway Key Largo, Florida 33037 Voice: (305) 853-8800 FAX: (305) 853-8818 We strive to be caring, professional, and fair. Date. October 1, 2015 To: Growth Management Staff From: Wes Maltby, Interim Monroe County Building Official Board of County Commissioners Mayor Danny L. Kolhage. Dist. 1 Mayor Pro Tern Heather Carruthers, Dist. 3 George Neugent, Dist. 2 David Rice, Dist. 4 Sylvia Murphy, Dist. 5 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. Monroe County Land Development Code, Chapter„ 122 — Floodplain Management 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) 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. All structures that are determined to be substantially damaged are automatically considered to be substantial improvements, regardless of the actual repair work performed. Ifthe cost necessary to fully repair the structure to its before damage condition is equal to or greater than 50% of the structure's market value before damages, then the structure must be elevated (or flood proofed if it is non-residential) to or above the Base Flood Elevation (BFE), and meet other applicable NFIP requirements. Items that should not be counted toward the cost to repair include plans, specifications, survey costs, permit fees, and other items which are separate from or incidental to the repair. Items that should not be counted also includes demolition or emergency repairs and improvements to items outside the building, such as the driveway, septic systems, wells, fencing, landscaping and detached structures. Substantial Improvement or Substantial Damage (50% Rule) Application & Affidavits Policy/Page 1 of 7 The cost of repairs required to remedy health, safety, 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 122-3 (b) Except for work specifically exempted under chapter 6, 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 requirements for a building permit, an application for a building_ permit for construction or improvements within areas of special flood hazard shall contain the information and certifications set forth in a form provided by the Building Official. Code of Federal Rey-ulations, Title 44 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 (b)(3) of this section, as criteria fbr 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)(S), (c)(6), (c)(12), (c)(14), (d)(2) and (d)(3) of this section; § 60.3(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, winless 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); 5S 60.3(c)(3) Require that all new construction and substantial improvements of non-residential structures within Zones Al -30, AE and AH zones 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 Vl -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 (i) 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 of'paragraphs (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 Florida Building Code 2014 FBC 1612.2 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 FIood 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 inflood 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. [131 1103.5 Flood hazard areas. Additions and foundations in flood hazard areas shall comply with the following requirements: For horizontal additions that are structurally inter -connected to the existing building; . ' . 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.?. 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 R322 of the Florida Building Code, Residential as applicable. For horizontal additions that are not structurally inter- connected to the existing building: '.1. The addition shall comply with Section 1612 of the Florida Building Code, Building or Section R322 of the Florida Building Code, Residential, as applicable. �.W. 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. 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 R322 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. 5. 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 Conclusion Monroe County, following the National Flood Insurance Program requirements, has the responsibility to determine "substantial damage" or "substantial improvement" (50% Rule), pursuant to the Monroe County Land Development Code, Chapter 122_, Floodplain Management, the Florida Building Code, and FEMA 44 CFR together with the guidance provided by FEMA P-758 Substantial Improvement/Substantial Damage Desk Reference (2010) and will implement the following policy on October 1, 2015 to do so. 1. The attached Substantial Improvement or Substantial Damage application package must be completed for each permit application to be issued on a property located in a flood zone when the lowest floor and/or mechanical equipment is below the base flood elevation as required by the current Flood Insurance Rate Map together with the additional elevation that may be required by the Florida Building Code. The permit applicant may submit an elevation certificate signed by a licensed land surveyor to document that the lowest floor and mechanical equipment is at the required base flood elevation and that the permit application is not subject to the 50% Rule. 2. The Building Department will use the assessed value of the structure recorded by the Monroe County Property Appraiser's Office plus 20%. If the applicant/owner disagrees with the Property Appraiser's valuation of the structure, they may engage an independent property appraiser licensed by the State of Florida to submit a comparable property appraisal for the market value of the structure. The Building Official will review the independent appraisal and if approved, the depreciated building value may be used in lieu of the Monroe County Property Appraiser's adjusted value. 3. The applicant must obtain and submit to the Building Department a detailed and complete cost estimate for the addition, remodeling, reconstruction or for repair of all the damages sustained by/proposed improvements to the structure in question, prepared and signed by a licensed general contractor. The contractor must sign an affidavit indicating that the cost estimate submitted includes all damages and/or all improvements to your structure, including both structural and non-structural elements. The property owner must also sign an affidavit indicating that the cost estimate submitted includes all damages or all improvements to the structure. The signed contract document must be submitted with the permit application. If the owner is acting as his or her own contractor, the owner is responsible for submitting the cost estimate, and providing documentation, including subcontractor bids, to document the cost estimate. 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 permanent part of the structure. (i.e., plans, surveys, permits, sidewalks, pools, screens, sheds, gazebos, fences, etc. -- see attached copy) 5. If the lowest floor is below the base flood elevation, the building must be elevated to, or above that level, Likewise, all electrical and mechanical equipment (heating and cooling, etc.), bathrooms, and laundry rooms must be elevated to, or above, the base flood level. Only parking, building access and limited, incidental storage is allowed below flood elevation. Non-residential buildings located in an AE flood zone designation may be "flood proofed" instead of being elevated. 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. 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 BOCC AGENDA ROUTING SLIP 6 BUILDING DEPARTMENT Agenda Item Subject: Resolution adopting Monroe County "V-Zone Certification and Calculations Documentation Policy" Date: August 21, 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 Pere -nit Manager Senior Director of Building County Attorney Deadline: sj tq(15-- 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 Deadline Deadline Public Hearing Yes _Legislative 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.