SFHA Enforcement

7/31/2019 SFHA Enforcement

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SFHA MANAGEMENT

ENFORCEMENT - VIOLATIONS - VARIANCES

ALAN M. ARMSTRONG, CFM, FPA, CMSWMSHARON ARMSTRONG M.S. AICP CPI FPA CMSWM


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Inspection, Enforcement and Compliance

No matter how careful you are when you issue a

permit, good inspection and enforcementprocedures are important follow-through.


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Elevation Reference Marks: The best way to

ensure compliance of the lowest floor is bysurvey.

Require the placement of a temporary referencemark.

Inspection of Development

Inspection, Enforcement and Compliance(Cont.)

What is he standing next to?


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Benchmarks & Elevation

Reference Marks

Found on FIRM panel.National Geodetic Vertical Datum of 1929


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The best time to inspect is during stake-out, but

no later than the footing inspection orestablishment of the batter boards;

Check for any required setback distances; and,

In floodways, check that all placement of fill or

grading is according to plans (if any allowed).

Footing Inspection



6/45

Where are the vents?

FEMA Technical Bulletin - Openings inFoundation Walls and Walls of Enclosures
http://localhost/var/www/apps/conversion/tmp/scratch_3/FEMA%20Technical%20Bulletin%20-%20Openings%20in%20Foundation%20Walls%20and%20Walls%20of%20Enclosureshttp://localhost/var/www/apps/conversion/tmp/scratch_3/FEMA%20Technical%20Bulletin%20-%20Openings%20in%20Foundation%20Walls%20and%20Walls%20of%20Enclosureshttp://localhost/var/www/apps/conversion/tmp/scratch_3/FEMA%20Technical%20Bulletin%20-%20Openings%20in%20Foundation%20Walls%20and%20Walls%20of%20Enclosureshttp://localhost/var/www/apps/conversion/tmp/scratch_3/FEMA%20Technical%20Bulletin%20-%20Openings%20in%20Foundation%20Walls%20and%20Walls%20of%20Enclosureshttp://localhost/var/www/apps/conversion/tmp/scratch_3/FEMA%20Technical%20Bulletin%20-%20Openings%20in%20Foundation%20Walls%20and%20Walls%20of%20Enclosureshttp://localhost/var/www/apps/conversion/tmp/scratch_3/FEMA%20Technical%20Bulletin%20-%20Openings%20in%20Foundation%20Walls%20and%20Walls%20of%20Enclosureshttp://localhost/var/www/apps/conversion/tmp/scratch_3/FEMA%20Technical%20Bulletin%20-%20Openings%20in%20Foundation%20Walls%20and%20Walls%20of%20Enclosures


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Inspect the fill during placement to ensure

clean material and proper compaction. The elevation of the fill must be checked

before building construction starts.

FEMA Technical Bulletin Compacted Fill

https://sites.google.com/a/plansandmorellp.com/www/plansmorellp/floodplain-management-training-resources/FEMATechnicalBulletin-CompactedFill.pdf?attredirects=0&d=1https://sites.google.com/a/plansandmorellp.com/www/plansmorellp/floodplain-management-training-resources/FEMATechnicalBulletin-CompactedFill.pdf?attredirects=0&d=1https://sites.google.com/a/plansandmorellp.com/www/plansmorellp/floodplain-management-training-resources/FEMATechnicalBulletin-CompactedFill.pdf?attredirects=0&d=1https://sites.google.com/a/plansandmorellp.com/www/plansmorellp/floodplain-management-training-resources/FEMATechnicalBulletin-CompactedFill.pdf?attredirects=0&d=1https://sites.google.com/a/plansandmorellp.com/www/plansmorellp/floodplain-management-training-resources/FEMATechnicalBulletin-CompactedFill.pdf?attredirects=0&d=1https://sites.google.com/a/plansandmorellp.com/www/plansmorellp/floodplain-management-training-resources/FEMATechnicalBulletin-CompactedFill.pdf?attredirects=0&d=1https://sites.google.com/a/plansandmorellp.com/www/plansmorellp/floodplain-management-training-resources/FEMATechnicalBulletin-CompactedFill.pdf?attredirects=0&d=1


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YourOpinion?


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What is she checking?


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The single most important part of Floodplain

Management, is making sure that structures areelevated properly.

Require the builder/owner to submit an Elevation

Certificate for construction drawings and when

the floor elevation is set. Check the elevation of the lowest floor.

Foundation Inspection



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Correct foundations are vital with a Mobile

Home. Pilings must be permanent and reinforced, and

not dry-stacked blocks.

Manufactured Homes


Where do you begin?


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They must have vents or openings.

Ensure that the interior grade is at orabove the exterior grade. Why?


Plans for solid wall foundations must show

the required number of openings, their

location, size, and height above ground

level.


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MAX 1 FT

BFE

TYPICAL FOUNDATION WALL OPENING16 x 8

BOTTOM OF OPENING 8 ABOVE GRADE

ENCLOSED AREA 1500 SQUARE FEET

NET AREA OF 12 OPENINGS 1500 SQ-IN

536.8 NGVD

PIER (TYPICAL)

FOUNDATION PIER

FOUNDATION WALL

FOUNDATION PLAN

FOUNDATION SECTION

2 x 10 JOISTS 16 O.C.3 - 2 x 10

GIRDER

8 x 8 x 16

BLOCK

CONTINUOUSFOOTING

FOOTING

Foundation Plan


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During the final, you should check:

Verify that utilities and other building elements are

above the BFE;

Check flood openings and vents;

Check breakaway wall construction;

Check for approved use of enclosed areas below the

BFE; Check that fill has been placed correctly

Final Inspection


What do I need for my file?


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For all buildings in the SFHA, you must

require submission of an ElevationCertificate.

Collect the EC when the application is

made and when the lowest floor elevation

is set. Advise owners to keep the EC with their

property deeds.



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You should conduct windshield tours and look

for new or un-permitted activity in the SFHA.

If you find development, you must inspect it and

require a permit.

Take enforcement actions that are required by

your ordinance.

Future Inspections


What if this is an AE Zone?

What if this is An A Zone?


18/45

New version is now out.

If you dont use the EC, you must collect the

information on it.

Zones with BFEs must be completed by a

surveyor or engineer.

Elevation Certificate



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The Elevation

Certificate

FEMA Form 81-31


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Copies of the Form

Download from:

www.fema.gov/library/elvcert.pdf
http://www.fema.gov/library/viewRecord.do?id=1383http://www.fema.gov/library/viewRecord.do?id=1383


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Your job is to ensure that all the required info is

contained on the Elevation Certificate.

Check for obvious errors, reject it if necessary.

Place a copy in your permit file.


Owner

Only one job, keep a copy of the original

Elevation certificate.


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Your community may be held liable if a permit is

issued is not in conformance with ordinance,

Or if inspection and enforcement procedures

arent followed.

Enforcement and Violations



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Take enforcement actions immediately.

Use a written notice.

Reference the ordinance, the remedies

required, and the compliance date.

If not resolved, written notice of non-

compliance and begin violation ($$$) actions. Document, document, document!



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FEMA rules require that any violation becorrected to the maximum extent practicable

and any administrative deficiencies that led to

the violation be corrected in theirentiretypsstthis means deficiencies in your

permit, inspection, and enforcement operations

too

Inspection, Enforcement and Compliance (Cont.)


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OPTIONS FOR FULL COMPLIANCE Elevate

Floodproof

Remove

Relocate

Backfill lower levels to the FPG (raise floor)

Change use of residence to commercial to allowfloodproofing

Combinations of these and others Protect from the base flood by certified f lood protection

system



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OPTIONS FOR LESS-THAN-FULL COMPLIANCE Elevate utilities Floodproof utilities Elevate outside grades Construct compensatory storage, detention,

retention/berms if allowed Restrict use of lower levels Retrofit the building for wet floodproofing

Retrofit the building for dry f loodproofing Combinations of the above and others to achievesomething close to but still less than base flood or FPGprotection



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Corrective Measures By Community

Provide missing permit information; Rescind permits for structures not yet built or in early

stages of construction;

Demolish or modify noncompliant structures or remove fill

in floodway;

Seek civil / criminal penalties, or;

Submit information to conduct 1316 actions.
https://sites.google.com/a/plansandmorellp.com/www/plansmorellp/floodplain-management-training-resources/CAV_Presentation.pdf?attredirects=0&d=1


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IF YOU CANT GET THE WHOLE THING, GET

WHAT IS REASONABLE & PRACTICAL*.to

limit flood damage exposure to people andproperty. Save your communitys good

standing in the National Flood Insurance

Program!*Get TN State NFIP and FEMA Approval and????



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Section 1316 of the National Flood

Insurance Act of 1968

A process for denying flood insurance to

structures in violation of local floodplainmanagement regulations.


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Using 1316

A community must exhaust all other available

enforcement actions such as stop-work-orders andfines, before pursuing the 1316 process.


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Allows FEMA to deny flood insurance, as long as violation

remains.

Information needed by the State and FEMA: Name, address or legal description;

Declaration that property is in violation;

Community authority statement to enforce;

Evidence of notice of violation; and,

Statement in reference to Section 1316.

https://sites.google.com/a/plansandmorellp.com/www/plansmorellp/goog_246413261


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1316 Procedures

A communitys city council or appointee declares astructure in violation and notifies FEMA;

FEMA denies flood insurance for the structure, and;

If the structure is brought into compliance, then theflood insurance restriction can be removed by FEMA.


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Variances

NO variances to the ordinance can be justified if

proposed activities increase the susceptibility of

flooding.

The community appoints the Variance Board.

Use the FEMA Guidesas a text book for the Board.

Sometimes a letter from the state helps convince the

applicant the variance is not doable
https://sites.google.com/a/plansandmorellp.com/www/plansmorellp/floodplain-management-training-resources/SARMSTRONGSFHAvarianceswhatyouneedtoknow.pdf?attredirects=0http://www.fema.gov/plan/prevent/floodplain/nfipkeywords/variance.shtmhttp://www.fema.gov/plan/prevent/floodplain/nfipkeywords/variance.shtmhttps://sites.google.com/a/plansandmorellp.com/www/plansmorellp/floodplain-management-training-resources/SARMSTRONGSFHAvarianceswhatyouneedtoknow.pdf?attredirects=0


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Variances (cont.)

Federal or State Register of Historic Places.

Functionally dependent use.

A new structure on a lot of one-half acre or lessin size and contiguous to and surrounded by

existing structures that are below BFE. WHAT?


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Variances (cont.)

The applicant must show good and sufficient

cause for a variance;

Demonstrate hardship (to property) if denied;

If granted, project will not increase flood heights,

threats to public safety, create nuisances, etc;

Minimum relief necessary to afford relief; and,

Others must not be adversely affected.


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Variances (cont.)

Only a truly exceptional and

unique hardship should

persuade a Variance Board to

grant a variance.


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Variances (cont.)

The Variance Board should request an insurance

agent provide a cost of the policy if granted.

Board must notify the applicant of the increasedrates and that there will be increased risks to life

and property.


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Variances (cont.)

This occurs when future owners purchase the

building unaware that they are subject to

increased risk and high premiums.

Real estate disclosure laws or buyer beware??


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If a Variance is Issued

A community must

Maintain a record of all variance actions,including those denied, along with the

justifications (findings of fact).

Report such actions in Biennial Report to FEMA.


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A word of advice...

Do not grant variances!They place people and property at risk, and floodinsurance costs skyrocket.

If youre going to grant a variance be sure todocument!...

...This is the communitys only protection after theflood when damages have occurred.


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FLOODPLAIN MANAGEMENT & ITS

EFFECTS ON FLOOD INSURANCE

Building Construction:

Get it right and insurance

premiums will beaffordable

Get itwrong andpremiums will be very

expensive Exceed minimum

standards and insurancewill be relatively cheap

QUESTIONS - COMMENTS
https://sites.google.com/a/plansandmorellp.com/www/plansmorellp/floodplain-management-training-resources/FEMAFloodInsuranceTB11.pdf?attredirects=0&d=1https://sites.google.com/a/plansandmorellp.com/www/plansmorellp/floodplain-management-training-resources/FEMAFloodInsuranceTB11.pdf?attredirects=0&d=1


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QUESTIONS - COMMENTS

PLANS & MORE, LLP

2508 PLEASANT VIEW RDPLEASANT VIEW, TN 37146

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Phone: (615) 934-7833Email: [email protected]

Contact Mike:

Phone: (615) 426-8556

Email: [email protected]

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SFHA Enforcement