MyFloridaCode.com

For all building code enforcement personnel who are not also their 
community's Flood Plain Manager we recommend accessing the state resource 
that supports all Florida communities with flood plain ordinances and has 
direct contact with local flood plain managers. The Florida Division of 
Emergency Management staffs the National Flood Insurance Program Section 
within its Mitigation Bureau. The program provides liason between FEMA and 
local communities and provides technical support and training. The program 
manager is Joy Duperault and she has staff that can assist also. Joy's 
contact info is below. This program is an authoritative and excellent 
resource. You can also find information on the DEM website beginning at:

Joy
Duperault
850-922-4518
 
850-922-4518
225D
Linda.Duperault at dca.state.fl.us
DEM, BRM, Mitigation







<FineR at gtlaw.com> 
Sent by: codetalk-bounces at myfloridacode.com
05/12/2010 05:15 AM

To
<boogietube at netscape.net>, <Jack.Fahey at myclearwater.com>
cc
codetalk at myfloridacode.com
Subject
Re: [Florida Code Talk] Windows below BFE






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 

  


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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


-----Original Message-----
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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