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Item J3BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 15, 2011 Division: Growth Management Bulk Item: Yes _ No X Department: Building Staff Contact Person/Phone #: Joseph Paskalik 289-2574 AGENDA ITEM WORDING: Discussion and direction related to amendment of the County's flood plain ordinance in light of House Bill 407. ITEM BACKGROUND: The Florida Legislature passed House Bill 407, which pre-empts Section 6- 10E the County Code. That section requires a home owner to submit to an inspection of their downstairs enclosure when applying for a permit on a portion of the property unrelated to the downstairs enclosure. HB 407 will become effective on July 1, 2012 (see attached). The County has three primary regulatory programs under their flood plain ordinance: 1. FEMA Pilot Inspection Program (inspection upon insurance renewal) 2. Required inspection of any suspected living area within downstairs enclosures (below base flood elevation) on Building Permit (MC Code Section 6-107) 3. Required inspection of any suspected living area within downstairs enclosures (below base flood elevation) on transfer (sale) (MC Code Section 122-6). HB407 impacts number 2, the Inspection on Building Permit ordinance. Staff discussed this bill with FEMA representative, Brad Loar CFM, Director of Mitigation Division, Region IV prior to the bill's adoption. . Staff also discussed a proposed alternative to inspection on building permit with FEMA representatives in Washington D.C. on May 24, 2011. FEMA indicated their willingness to work with Monroe County to develop an alternative, should the bill pass. Now that the bill has passed, staff needs to begin development of an alternative program, working with FEMA, to assure MC future eligibility in the National Flood Insurance Program (NFIP). Attached is a summary of a proposed alternative. PREVIOUS RELEVANT BOCC ACTION: BOCC adopted a floodplain ordinance in 1975, which as been modified and amended several times during the intervening years. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Direct staff to develop an alternative process for flood plain compliance and correspond with FEMA officials in Atlanta to review proposed alternatives. TOTAL COST: N/A INDIRECT COST: N/A DIFFERENTIAL OF LOCAL PREFERENCE: BUDGETED: Yes _No _ COST TO COUNTY: SOURCE OF FUNDS: N/A REVENUE PRODUCING: N/A AMOUNT PER MONTH Year _ APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # F L 0 R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CSIHB 407 2011 Legislature 1 A bill to be entitled 2 An act relating to residential building permits; amending 3 s. 553.79, F.S.; prohibiting local enforcing agencies and 4 building code officials or entities from requiring certain 5 inspections of buildings, structures, or real property as 6 a condition of issuance of certain residential building 7 permits; providing for application; providing for 8 conditional repeal; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Subsection (17) is added to section 553.79, 13 Florida Statutes, to read: 14 553.79 Permits; applications; issuance; inspections.- 15 (17)(a) A local enforcing agency, and any local building 16 code administrator, inspector, or other official or entity, may 17 not require as a condition of issuance of a one- or two-family 18 residential building permit the inspection of any portion of a 19 building, structure, or real property that is not directly 20 impacted by the construction, erection, alteration, 21 modification, repair, or demolition of the building, structure, 22 or real property for which the permit is sought. 23 (b) This subsection does not apply to a building permit 24 sought for: 25 1. A substantial improvement as defined in s. 161.54 or as 26 defined in the Florida Building Code. 27 2. A change of occupancy as defined in the Florida 28 Building Code. Page 1 of 3 CODING: Words x are deletions; words underlined are additions. hb0407-02-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CSIHB 407 2011 Legislature 29 3. A conversion from residential to nonresidential or, 30 mixed use pursuant to s. 553.507(2)(a) or as defined in the 31 Florida Building Code. 32 4. An historic building as defined in the Florida Building 33 Code. 34 (c) This subsection does not prohibit a local enforcing 35 agency, or any local building code administrator, inspector, or 36 other official or entity, from: 37 1. Citing any violation inadvertently observed in plain 38 view during the ordinary course of an inspection conducted in 39 accordance with the prohibition in paragraph (a). 40 2. Inspecting a physically nonadjacent portion of a 41 building, structure, or real property that is directly impacted 42 by the construction, erection, alteration, modification, repair, 43 or demolition of the building, structure, or real property for 44 which the permit is sought in accordance with the prohibition in 45 paragraph (a) . 46 3. Inspecting any portion of a building, structure, or 47 real property for which the owner or other person having control 48 of the building, structure, or real property has voluntarily 49 consented to the inspection of that portion of the building, 50 structure, or real property in accordance with the prohibition 51 in paragraph (a). 52 4. Inspecting any portion of a building, structure, or 53 real property pursuant to an inspection warrant issued in 54 accordance with ss. 933.20-933.30. 55 (d) This subsection is repealed upon receipt by the 56 Secretary of State of the written certification by the chair of Page 2 of 3 CODING: Words t are deletions; words underlined are additions. M0407-02-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB 407 2011 Legislature 57 the Florida Building Commission that the commission has adopted 58 an amendment to the Florida Building Code which substantially 59 incorporates this subsection, including the prohibition in 60 paragraph (a), as part of the code and such amendment has taken 61 effect. 62 Section 2. This act shall take effect July 1, 2012. Page 3of3 CODING: Wordss#46xer, are deletions; words underlined are additions. hb0407-02-er MEMORANDUM MONROE COUNTY GROWTH MANAGEMENT DIVISION BUILDING DEPARTMENT We strive to be caring, professional and fair DATE: May 26, 2011 TO: Christine Hurley, Growth Management Director FROM: Joe Paskalik, Sr. Director/Building Official Mary Wingate, Sr. Floodplain Coordinator SUBJECT: SUMMARY OF CURRENT PROCESS FOR ILLEGAL DOWNSTAIRS ENCLOSURES / ALTERNATIVES AFTER PASSAGE OF STATE OF FLORIDA HOUSE BILL 407 Currently, Monroe County requires an inspection of downstairs enclosures Under Section 6-107 of the Monroe County Code. The process is as follows: 1. Homeowner asks for building permit and must submit property record card with application. 2. Staff reviews property record card to determine if living area exists in downstairs, then writes letter to property owner notifying them of need for inspection. 3. Property owner calls for inspection. 4. Perform inspection. 5. If not in compliance with floodplain management ordinances, owners are notified of required remedies. 6. If permit that was applied for originally was for something irrelevant to the downstairs enclosures (e.g. roof, fence, etc.), permit is issued after inspection of downstairs area. 7. If not in compliance, and no remedy is made for downstairs enclosure in time period given (3-6 months depending upon severity of violation [plumbing/electric requires permitting so longer time period given), violation is referred to Code Enforcement. 8. Code Enforcement sends NOV (explaining violation, suggested solutions, and who to contact to remedy) and sets hearing before Special Magistrate. 9. Special Magistrate hears case a. If finds that property is not in compliance: i. Gives new compliance date ii. Sets fines starting day after compliance date iii. Property owner has 30 days to initiate appeal process b. If finds that property is in compliance case is dismissed. The above process will be unenforceable due to Florida House Bill 407/ Senate Bill 580. Monroe County has until July 1, 2012 to adopt an ordinance that will provide for an alternative to 6-107. This must be approved by FEMA. The following proposal to modify 6-107 which includes the Implementation Plan, per FEMA's requirements, for continuing participation in the NFIP, is offered: The County is seeking to obtain definitive data from the Monroe County Property Appraiser which will identify all single family residences which contain enclosures that are identified as living area on the ground floor. Once this data is captured, our technical staff will deduct all the parcels that have already received inspections via the pilot program or other programs, and been made compliant. The remaining property owners will be notified that an inspection will be required in order to verify compliance with the Monroe County Floodplain Ordinance. Failure to obtain the inspection will result in a Code Compliance referral or possibly a 1316 declaration, providing the parcel is insured through the NFIP. Once the owners obtain this inspection, and are compliant, they will receive a Certificate of Compliance. This is a proactive opportunity for property owners to receive evidence that they have a compliant structure which will create a positive market condition. If an owner has a non -compliant structure, they will be notified of all the required corrections to the enclosure to become compliant with the permit authorizing the construction, OR the violation will be forwarded to the Code Compliance Department for prosecution. Finally, once a property is compliant, the County will provide a non -conversion agreement to be signed by the property owner and recorded by the county. This non -conversion agreement will provide protection to future buyers through title work. Every two years an updated potential ground floor enclosure list will be reviewed, and any changes to the Property Record that indicate illegal construction below base flood elevation will go through the inspection process. The County may also consider obtaining a list of all properties that have transferred ownership and any such property that failed to obtain the required inspection will be contacted for inspection. In addition, all new construction that contains any type of below base flood elevation enclosure, will be required to record a "Notice of Non -Conversion" to the property, which should alleviate this problem in the future. NONCONVERSION AGREEMENT FOR CERTAIN STRUCTURES IN THE COASTAL FLOODPLAIN Application has been made for a Permit from [community name], Louisiana. Permit # Property Owner Address Deed dated . Recorded Tax map . block . parcel Base Flood Elevation at the site is feet (NGVD). Map Panel Number . effective date In consideration for the granting of a Permit for the above structure, the Property Owner agrees to the following: 1. That the enclosed area below the base Rood elevation shall be used solely for parking of vehicles, limited storage, or access to the building and will never be used for human habitation without first becoming fully compliant with.the Flood damage prevention ordinance in effect at the time of conversion. 2. That the wags shall not be reinforced or altered to negate their ability to break away during a storm and all Interior walls, ceilings, and floors below the Base Flood Elevation shall be unfinished or constructed of flood resistant materials. 3. That mechanical, electrical, or plumbing devices shall not be installed below the Base Flood Elevation. 4. That any variation in construction beyond what is permitted shall constitute a violation of this agreement and Section of Ordinance # 5. That this Nonconversion Agreement becomes part of Permit # Signature of Property Owner Witness Date At a minimum, the following has been recorded on the deed to the above property: 'This stricture has received special permission to be constructed in the Special Flood Hazard Area. The lowest floor shall not be finished or converted to a habitable space unless the enclosed area below the Base Flood Elevation becomes fully compliant with Ordinance # in effect at the time of conversion. At this site, the Base Flood Elevation is feet, National Geodetic Vertical Datum" Signature, Recorder of Deeds Date P, -7-0 i\j P-'s NONCONVERSION AGREEMENT FOR CERTAIN STRUCTURES IN THE FLOODPI.AIN Application has been made for a Permit from (community name), Louisiana. Permit* Property Owner Address Deed dated . Recorded Tax map . block . panel Base Flood Elevation at the site is feet (NGVD). Map Panel Number . effective data In consideration for the granting of a Permit for the above structure, the Property Owner agrees to the following: 1. That the enclosed area below the base flood elevation shall be used solely for parldng of vehicles, limited storage, or access to the building and will never be used for human habitation without first becoming fully compliant with the Flood damage prevention ordinance in effect at the time of conversion. 2 That all interior walls, ceilings, and floors below the Base Flood Elevation shall be unfinished or constructed of flood resistant materials. 3. That mechanical, electrical, or plumbing devices shall not be installed below the Base Flood Elevation. 4. The walls of the enclosed areas below the Base Flood Elevation shall be equipped with at least two vents which permit the automatic entry and exit of floodwater with total openings of at least one square inch for every square foot of enclosed area below flood level. The vents shall be on at least two different walls and the bottoms of the vents shall be no more than one foot above grade. 5. That any variation in construction tion beyond what Is permitted shall constitute a violation of this agreement and Section of Ordinance # 6. That this Nonoonversion Agreement becomes part of Permit # Signature of Property Owner Witness Date At a minimum, the following has been recorded on the deed to the above property: 'This structure has received special permission to be constructed in the Special Flood Hazard Area. The lowest floor shall not be finished or converted to a habitable space unless the enclosed area below the Base Flood Elevation becomes fully compliant with Ordinance # in effect at the time of conversion. At this site, the Base Flood Elevation is feet, National Geodetic Vertical Datum." Signature, Recorder of Deeds Date CORRECTED PAGE Item J-3 9. Special Magistrate hears case a. If finds that property is not in compliance: i. Gives new compliance date ii. Sets fines starting day after compliance date iii. Property owner has 30 days to initiate appeal process b. If finds that property is in compliance case is dismissed. The above process will be unenforceable due to Florida House Bill 407/ Senate Bill 580. Monroe County has until July 1, 2012 to adopt an ordinance that will provide for an alternative to 6-107. This must be approved by FEMA. The following proposal to modify 6-107 which includes the Implementation Plan, per FEMA's requirements, for continuing participation in the NFIP, is offered: The County is seeking to obtain definitive data from the Monroe County Property Appraiser which will identify all single family residences which contain enclosures that are identified as living area on the ground floor. Once this data is captured, our technical staff will deduct all the parcels that have already received inspections via the pilot program or other programs, and been made compliant. The remaining property owners will be notified that an inspection will be required in order to verify compliance with the Monroe County Floodplain Ordinance. . Once the owners obtain this inspection, and are compliant, they will receive a Certificate of Compliance. This is a proactive opportunity for property owners to receive evidence that they have a compliant structure which will create a positive market condition. If an owner has a non -compliant structure, they will be notified of all the required corrections to the enclosure to become compliant with the permit authorizing the construction, OR the violation will be forwarded to the Code Compliance Department for prosecution. Finally, once a property is compliant, the County will provide a non -conversion agreement to be signed by the property owner and recorded by the county. This non -conversion agreement will provide protection to future buyers through title work. Every two years an updated potential ground floor enclosure list will be reviewed, and any changes to the Property Record that indicate illegal construction below base flood elevation will go through the inspection process.