MyFloridaCode.com

Correct

 

Mark Cramer

Mark Cramer Inspection Services, Inc.

492 20th Ave. 

Indian Rocks Beach, FL 33785

727-595-4211

http://www.BestTampaInspector.com

 

From: codetalk-bounces at myfloridacode.com [mailto:codetalk-bounces at myfloridacode.com] On Behalf Of MVStazzone at aol.com
Sent: Saturday, May 22, 2010 12:42 AM
To: codetalk at myfloridacode.com
Subject: [Florida Code Talk] FEMA 50% RULE, Florida Counties Explanations

 

We have a Florida home built to BFE in late 1975 (Post FIRM for that community) 

 

Today, that Home / Floor built to BFE in 1975 is rendered non-compliant / non-conforming due to a change in the FIRM, BFE and New FEMA REGS.

 

County Officials say the first elevated floor (built to BFE in 1975 compliant with county code and NFIP Regs. of that time) cannot be expanded or improved under the 50% rule unless the home is elevated to CURRENT BFE. 

 

Here is language I have found in random communities in Florida trying to explain the 50% rule and below that the FEMA explanation.

 

After review of the below language, MY QUESTION: Is our home allowed to have a bathroom installed as long as that bathroom does not exceed the 50% rule? 

 

THANK YOU!

 

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The 50% rule is standard for all communities in America from what I can read and from what I have been told by the National Association for Flood Plain Managers. Communities can in fact adopt Codes that are more restrictive the NFIP REGS. and those county codes will always take precedence. 

 

Here is the explanation from Naples, Florida Building Dept. on the 50% Rule ( as just as an example) 

 

http://www.naplesgov.com/LinkClick.aspx?fileticket=RSwkJ%2B2ebs0%3D <http://www.naplesgov.com/LinkClick.aspx?fileticket=RSwkJ%2B2ebs0%3D&tabid=143&mid=567> &tabid=143&mid=567

 

Here is the Monroe County Explanation: (I believe this page needs updating and more clarification made on Post-FIRM structures - yes??) 

 

http://www.monroecounty-fl.gov/pages/MonroeCoFL_Growth/info/50percentrule.pdf

 

However, Both examples above really need to be closer to the FEMA / NFIP / Flood Plain Regs. / Explanations as reflected here:

 

http://www.fema.gov/txt/floodplain/nfip_sg_unit_8.txt

 

I pulled and excerpt from FEMA's explanation from the above link pertaining to Post FIRM Structures:

 

Post-FIRM buildings 

The rules do not address only pre-FIRM buildings — they cover all buildings, post-FIRM 
ones included. 

In most cases, a post-FIRM building will be properly elevated or otherwise compliant with 
regulations for new construction. However, sometimes a map change results in a higher BFE or 
change in FIRM zone. A substantial improvement to a post-FIRM building may require that the 
building be elevated to protect it from the new, higher, regulatory BFE. 

It should be remembered that all additions to a post-FIRM building must be elevated at least 
as high as the BFE in effect when the building was built. (You can’t allow a compliant building 
to become noncompliant by allowing additions at grade.) If a new, higher BFE has been adopted 
since the building was built, additions that are substantial improvements must be elevated to the 
new BFE. 

THE FORMULA 

A project is a substantial improvement if: 

Cost of improvement project > 50 percent 

Market value of the building 



For example, if a proposed improvement project will cost $30,000 and the value of the 
building is $50,000: 

$30,000 = 0.6 (60 percent) 

$50,000 



The cost of the project exceeds 50 percent of the building’s value, so it is a substantial 
improvement. The floodplain regulations for new construction apply and the building must meet 

the post-FIRM construction requirements. If the project is an addition, only the addition has to 
be elevated (see the examples later in this section). 

The formula is based on the cost of the project and the value of the building. These two 
numbers must be reviewed in detail. 

Project cost 

The cost of the project means all structural costs, including 

• all materials 
• labor 
• built-in appliances 
• overhead 
• profit 
• repairs made to damaged parts of the building worked on at the same time 

 

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Again, It seems very clear to me our home / floor built to BFE in 1975 could in fact be improved as long as it is not a "substantially improved" as defined under the 50% rule.....CORRECT OR NOT?

 

Thank you for your time and feedback! 

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