MyFloridaCode.com

I agree with Mr. Gilbert.  Although many building officials routinely
say "you have to comply with FEMA," that's not really true.  FEMA
mandatess that communities that want to be in the National Flood
Insurance Program (which is the only way a community is eligible for
FEMA disaster relief), it has to adopt and enforce a floodplain
management ordinance that meets or exceeds the minimum standards set
forth in 44 CFR.   Since most of these ordinance track the FEMA
standards almost literally, FEMA information and technical assistance is
frequently used to define the "intent"of these ordinances.  FEMA has a
number of Technical Manuals and it being this early and my caffiene has
not fully kicked in yet, I cannot remember if there is a manual that
addresses your question but for some reason I seem to think there is.
Go to the FEMA website or Google FEMA Technical Manual and you should be
able to find these.  I have found these manuals to be very helpful in a
lot of my FEMA and floodplain related work.
 
Robert S. Fine, Esq., AIA
Accessibility, Building Codes,
Environmental and Land Use Law
Greenberg Traurig, P.A.
1221 Brickell Avenue
Miami, Florida 33131
(305) 579-0826  

  


________________________________

From: codetalk-bounces at myfloridacode.com
[mailto:codetalk-bounces at myfloridacode.com] On Behalf Of Steve G.
Sent: Tuesday, May 11, 2010 8:27 PM
To: Jack.Fahey at myclearwater.com
Cc: codetalk at myfloridacode.com
Subject: Re: [Florida Code Talk] Windows below BFE


Jack,
NFIP guidelines are based on CFR44, which is always the minimum.
However, there are no NFIP minimums that I know of which would address
windows and doors below BFE.  You'll want to check the City's Floodplain
Management Ordinance. Many jurisdictions DO limit the number of windows
and/or door openings below BFE to defeat the anticipated use of those
areas for "rec rooms", etc.  IF your local ordinances address this, it's
a local (Land Development) regulation, not an NFIP standard.  Come to
think of it, enforcement of floodplain management is ALWAYS based on
local floodplain management codes.  Using "FEMA MAKES US DO IT" will
result in a very terse disclaimer from the Region IV office.  Check with
your floodplain manager for guidance.  If the proposed project is a
substantial improvement, it is within the City's jurisdictional
responsibility to require full compliance to match the requirements for
"new" construction.  On an aside, if you're in a windborne debris
region, all glazed openings still need to meet wind pressures AND impact
resistance requirements, even though they're below base flood. I've had
a few folks try to use the glazed openings in lieu of flood vents.....
go figure.


Steve Gilbert, CBO
Building Official
City of Bradenton Beach




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From: Jack.Fahey at myClearwater.com
To: codetalk at myfloridacode.com
Sent: Tue, May 11, 2010 1:01 pm
Subject: [Florida Code Talk] Windows below BFE


Hi All, 
Given that a substantially improved Townhome rebuilt after a fire is
installing flood vents to FEMA regulations. If there were windows and a
sliding glass door in existing openings below BFE  to be compliant do
existing windows and sliding glass doors not necessary to access have to
be removed from "storage" areas below BFE? 
Jack Fahey 
Residential Plan Review
Building Department
City of Clearwater
100 South Myrtle Avenue
Clearwater, Florida 33756-5520
727-562-4567x2593
fax 727-562-4576
jack.fahey at myclearwater.com 
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