CHAPTER 6 VIOLATIONS AND VARIANCES

1. CHAPTER 6VIOLATIONS AND VARIANCES

2. Inspection, Enforcement and Compliance Inspection of Development • No matter how careful you are when you issue a permit, good inspection and enforcement procedures are important follow-through.

3. Inspection, Enforcement and Compliance (Cont.) Inspection of Development • Elevation Reference Marks: The best way to ensure compliance of the lowest floor is by survey. • Require the placement of a temporary reference mark.

4. Benchmarks & Elevation Reference Marks • Found on FIRM panel. • National Geodetic Vertical Datum of 1929

5. Inspection, Enforcement and Compliance (Cont.) Footing Inspection • The best time to inspect is during stake-out, but no later than the footing inspection or establishment 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).

6. Where are the vents?

7. Inspection, Enforcement and Compliance (Cont.) Fill Inspection • Inspect the fill during placement to ensure clean material and proper compaction. • The elevation of the fill must be checked before building construction starts.

9. Inspection, Enforcement and Compliance (Cont.) Foundation Inspection • The single most important part of Floodplain Management, is making sure that structures are elevated 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.

10. Inspection, Enforcement and Compliance (Cont.) Manufactured Homes • Correct foundations are vital with a Mobile Home. • Pilings must be permanent and reinforced, and not dry-stacked blocks.

11. Inspection, Enforcement and Compliance (Cont.) Crawl Spaces • They must have vents or openings. • Ensure that the interior grade is at or above the exterior grade. Why? Flood Openings/Vents • Plans for solid wall foundations must show the required number of openings, their location, size, and height above ground level.

12. Foundation Plan FOUNDATION PLAN BFE 536.8 NGVD 2” x 10” JOISTS 16” O.C. 3 - 2” x 10” GIRDER PIER (TYPICAL) MAX 1 FT FOOTING 8” x 8” x 16” BLOCK FOUNDATION PIER TYPICAL FOUNDATION WALL OPENING 16 x 8 BOTTOM OF OPENING 8 ABOVE GRADE ENCLOSED AREA 1500 SQUARE FEET NET AREA OF 12 OPENINGS 1500 SQ-IN CONTINUOUS FOOTING FOUNDATION WALL FOUNDATION SECTION

13. Very bad vent, doesn’t count…

14. Inspection, Enforcement and Compliance (Cont.) Final Inspection • 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

15. Inspection, Enforcement and Compliance (Cont.) Collect the Elevation Certificate • For all buildings in the SFHA, you must require submission of an Elevation Certificate. • 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.

16. Inspection, Enforcement and Compliance (Cont.) Future Inspections • 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. What if this is an AE Zone? What if this is a V Zone?

17. Inspection, Enforcement and Compliance (Cont.) Elevation Certificate • New version is now out. • If you don’t use the EC, you must collect the information on it. • Zones with BFEs must be completed by a surveyor or engineer.

18. The Elevation Certificate FEMA Form 81-31

22. Copies of the Form Download from: www.fema.gov/library/elvcert.pdf

23. Inspection, Enforcement and Compliance (Cont.) Permit Official / Local FP Administrator • 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. Building Owner • Only one job, keep a copy of the original Elevation certificate.

24. Inspection, Enforcement and Compliance (Cont.) Enforcement and Violations • Your community may be held liable if you issue a permit that is not in conformance with your ordinance, or if you don’t follow inspection and enforcement procedures.

25. Inspection, Enforcement and Compliance (Cont.) Enforcement and Violations • Take enforcement actions immediately. • If informal doesn’t work, use a written notice. • Reference the ordinance, the remedies required, and the suspense date. • If not resolved, written notice of non-compliance and begin violation ($$$) actions.

26. FEMA rules require that any violation be corrected to the maximum extent practicable and any administrative deficiencies that led to the violation be corrected in their entirety Inspection, Enforcement and Compliance (Cont.)

27. Inspection, Enforcement and Compliance (Cont.) THE OPTIONS FOR FULL COMPLIANCE • Elevate • Floodproof • Remove • Relocate • Backfill lower levels to the FPG (raise floor) • Change use of a residence to commercial to allow floodproofing • Combinations of these and others • Protect from the base flood by certified flood protection system

28. IF YOU CAN’T GET THE WHOLE THING, GET WHAT YOU CAN REASONABLY AND PRACTICALLY CAN GET, to limit flood damage exposure to people and property. Save your community’s good standing in the National Flood Insurance Program! Inspection, Enforcement and Compliance (Cont.)

29. Inspection, Enforcement and Compliance (Cont.) THE 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 floodproofing • Combinations of the above and others to achieve something close to but still less than base flood or FPG protection

30. Inspection, Enforcement and Compliance (Cont.) Section 1316 • Allows FEMA to deny flood insurance, as long as it remains in violation. • 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.

31. Variances Primary Goal – Protect Public Health & Safety • Very few variances to the ordinance can be justified if proposed activities increase the susceptibility of flooding. The Variance Board • The community appoints the Variance Board. • Use the MS and LA Guidebooks as a text book for the Board. • Sometimes a letter from the state helps

32. Variances (cont.) NFIP regulations for granting • Federal or State Register of Historic Places. • Functionally dependent use. • A new structure on a lot of one-half acre or less in size and contiguous to and surrounded by existing structures that are below BFE. WHAT?

33. Variances (cont.) Criteria for Granting Variances • The applicant must show good and sufficient cause for a variance; • Demonstrate hardship 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.

34. Variances (cont.) Hardship and Variances • Only a truly exceptional and unique hardship should persuade a Variance Board to grant a variance.

35. Variances (cont.) Insurance Rates • The Variance Board should request an insurance agent provide a cost of the policy if granted. • Board must notify the applicant of the increased rates and that there will be increased risks to life and property.

36. Variances (cont.) Fraud and Victimization • 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??

37. 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.

38. A word of advice... • Do not grant variances! • They place people and property at risk, and flood insurance costs skyrocket. • If you’re going to grant a variance be sure to document!... • ...This is the community’s only protection after the flood when damages have occurred.

39. Corrective Measures By Community Corrective actions include……… • 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.

40. Section 1316 of the National Flood Insurance Act of 1968 • A process for denying flood insurance to structures in violation of local floodplain management regulations.

41. 1316 Procedures • A community’s city council or Board of Supervisors declares a structure in violation and notifies FEMA; • FEMA denies flood insurance for the structure, and; • If the structure is brought into compliance, then the flood insurance restriction can be removed by FEMA.

42. Using 1316 • A community must exhaust all other available enforcement actions such as stop-work-orders and fines, before pursuing the 1316 process.

43. FLOODPLAIN MANAGEMENT & ITS EFFECTS ON FLOOD INSURANCE • Building Construction: • Get it right and insurance premiums will be affordable • Get it wrong and premiums will be very expensive • Exceed minimum standards and insurance will be relatively cheap

44. Questions and Answers ?