AFTER HURRICANE SANDY: CONSTRUCTION IN FLOOD ZONES AND PROCEDURES FOR REBUILDING

AFTER HURRICANE SANDY: CONSTRUCTION IN FLOOD ZONES AND PROCEDURES FOR REBUILDING James P. Colgate, RA, Esq. Assistant Commissioner for Technical Affairs + Code Development Joseph Ackroyd, PE Director of Engineering, Technical Affairs 1

COURSE DESCRIPTION This course will discuss: The different types of Special Flood Hazard Areas (SFHA) in New York City and how to determine if a structure is located within an SFHA; The process of performing a substantial-damage calculation; The implications of a substantially damaged determination, as it pertains to compliance with Appendix G of the 2008 NYC Building Code; Appendix G of the 2008 NYC Building Code and its relevant reference standards; and A review of the permits required by City, State and federal agencies for construction in an SFHA. 2

LEARNING OBJECTIVES At the end of this program, participants will be able to: 1. Learn 2008 NYC Building Code s Flood Resistant Construction Standards; 2. Read Flood Insurance Rate Maps; 3. Learn the Special Inspection requirements of Appendix G of the 2008 NYC Building Code; and 4. Determine if a building has been substantially damaged, as defined by the National Flood Insurance Program and the 2008 NYC Building Code. 3

COPYRIGHT This presentation is protected by US and International Copyright laws. Reproduction, distribution, display and use of the presentation without written permission of the speaker is prohibited. NYC Department of Buildings 4

COURSE OUTLINE Regulatory Framework Flood Insurance Rate Maps (FIRMs) Standards for New Construction Residential A-Zones Non-residential A-Zones V-Zones Repairs, Alterations + Reconstructions NYS DEC Requirements Administrative Issues Case Study 5

REGULATORY FRAMEWORK Federal System of Government National Flood Insurance Program (NFIP) is Technically Optional NFIP Offers: Availability of flood insurance to owners Federal disaster relief Community Obligations: Amend Building Code Enforce Building Code 6

REGULATORY FRAMEWORK Home Mortgages Federally regulated banks NYC s Access to Disaster Funds NFIP is Mandatory by State Law NYS Environmental Conservation Law (ECL) 36-0105 NYS DEC and FEMA monitor DOB 7

REGULATORY FRAMEWORK Federal Emergency Management Agency (FEMA) Administers the NFIP Establishes minimum floodplain management requirements Code of Federal Regulations: 44 CFR Parts 59, 60, 65 and 70 Sets minimum regulatory standards Mainly performance-based standards 8

REGULATORY FRAMEWORK Importance of Regulatory Framework: Emphasis on preventing insurance claims Department of Buildings has limited leeway to alter standards 9

REGULATORY FRAMEWORK New York City s Role: Enacts local floodplain ordinance 2008 NYC Building Code, Appendix G Local Floodplain Administrator NYC Department of Buildings 10

COURSE OUTLINE Regulatory Framework Flood Insurance Rate Maps (FIRMs) Standards for New Construction Residential A-Zones Non-residential A-Zones V-Zones Repairs, Alterations + Reconstructions NYS DEC Requirements Administrative Issues Case Study 11

FLOOD INSURANCE RATE MAPS What They Are Why We Need Them What They Tell Us Where They Are 12

FLOOD INSURANCE RATE MAPS 2008 NYC Building Code, Appendix G - BC G201.2 Definitions Flood Insurance Rate Map (FIRM) Area of Special Flood Hazard 100 year storm vs. 1% chance every year A, V, and X zones 13

FLOOD INSURANCE RATE MAPS 14

FLOOD INSURANCE RATE MAPS 15

FLOOD INSURANCE RATE MAPS 16

FLOOD INSURANCE RATE MAPS A-Zones Assumes stillwater Coastal A-Zones Assumes waves 1.5 feet to 3 feet V-Zones Assumes waves higher than 3 feet Floodways Rivers, creeks, etc. Mapped only in Bronx Staten Island 17

FLOOD INSURANCE RATE MAPS Establishment of Areas of Special Flood Hazard. 2008 NYC Building Code G102.2 (Appendix G) The following flood hazard map and supporting data are adopted as referenced standards and declared to be a part of this appendix: FEMA FIS 360497 FEMA FIRMs 360497 18

FLOOD INSURANCE RATE MAPS Base Flood Elevation (BFE) The BFE is the elevation to which flood waters will rise from a storm that has a 1% chance of occurring in any given year. 19

FLOOD INSURANCE RATE MAPS Pre-FIRM versus Post-FIRM November 1983: First NYC FIRMs Adopted Buildings or structures existing prior to 11/83 are pre-firm Buildings or structures constructed after 11/83 are post-firm All ground elevation existing pre-firm are Natural Grade 20

FLOOD INSURANCE RATE MAPS NYC Map Revisions November 16, 1983 (Initial FIRM) May 18, 1992 July 5, 1994 May 21, 2001 (Digital FIRMs for Staten Island) September 5, 2007 (Current Reference Standard) Map revision currently in progress. 21

FLOOD INSURANCE RATE MAPS 22

FLOOD INSURANCE RATE MAPS 23

FLOOD INSURANCE RATE MAPS 24

FLOOD INSURANCE RATE MAPS City Datum May Change to NAVD88. 25

FLOOD INSURANCE RATE MAPS Buildings Located in Multiple Flood Zones 2008 NYC Building Code G301.1.1 (Appendix G) For a structure that is located in more than one zone (for example, in an A- Zone and X-Zone, or in an A-Zone and V-zone), the provisions associated with the most restrictive area of special flood hazard shall apply to the entire structure. 26

FLOOD INSURANCE RATE MAPS Map Amendments Not Elevated by Fill Letter of Map Amendment (LOMA) A letter from FEMA stating that an existing structure or parcel of land that has not been elevated by fill (natural grade) would not be inundated by the base flood. Conditional Letter of Map Amendment (LOMA) A conditional letter from FEMA stating that a proposed structure that is not to be elevated by fill (natural grade) would not be inundated by the base flood if built as proposed. 27

FLOOD INSURANCE RATE MAPS Letter of Map Amendment 28

FLOOD INSURANCE RATE MAPS Map Revisions Elevated by Fill Letter of Map Revision Based on Fill (LOMR-F) A letter from FEMA stating that an existing structure or parcel of land that has been elevated by fill would not be inundated by the base flood. Conditional Letter of Map Revision Based on Fill (CLOMR-F) A conditional letter from FEMA stating that a parcel of land or proposed structure that will be elevated by fill would not be inundated by the base flood if fill is placed on the parcel as proposed or the structure is built as proposed. 29

FLOOD INSURANCE RATE MAPS Map Amendment / Revision Effects 2008 NYC Buildings Code G102.3 (Appendix G) Tax lots or structures issued a LOMA or LOMR are not subject to the requirements of Appendix G 30

FLOOD INSURANCE RATE MAPS Map Amendment/Revision Procedures 1 RCNY 3606-02 Purpose Establishes the procedures for processing letters of map change. LOMAs LOMR-Fs 31

FLOOD INSURANCE RATE MAPS Map Amendment/Revision Procedures 1 RCNY 3606-02 Obtaining a LOMA Owner hires engineer or land surveyor to perform a survey and complete an elevation certificate Owner submits elevation certificate with application form (MT-1 EZ) to FEMA FEMA reviews application and issues a determination Applicant submits LOMA to DOB with PW1 32

FLOOD INSURANCE RATE MAPS Map Amendment/Revision Procedures 1 RCNY 3606-02 Obtaining a LOMR-F Owner hires engineer or land surveyor to perform a survey and complete an elevation certificate Owner submits elevation certificate with application form to FEMA DOB Borough Commissioner signs Community Acknowledgement Form FEMA reviews application and issues a determination Applicant submits LOMR-F to DOB with PW1 33

COURSE OUTLINE Regulatory Framework Flood Insurance Rate Maps (FIRMs) Standards for New Construction Residential A-Zones Non-residential A-Zones V-Zones Repairs, Alterations + Reconstructions NYS DEC Requirements Administrative Issues Case Study 34

STANDARDS FOR NEW CONSTRUCTION RESIDENTIAL A-ZONE 2008 NYC Building Code G304.1.1 Item 1 (Appendix G) Residential. All post-firm new buildings and substantial improvements shall comply with the applicable requirements in Chapter G3 and ASCE 24, and shall be elevated as follows: Lowest Floor. The lowest floor, including the basement (for flood zone purposes), shall be elevated to at or above the design flood elevation specified in ASCE 24, Table 2-1 35

STANDARDS FOR NEW CONSTRUCTION RESIDENTIAL A-ZONE 36

STANDARDS FOR NEW CONSTRUCTION RESIDENTIAL A-ZONE Lowest Floor - Definitions 2008 NYC Building Code G201.2 (Appendix G) Basement (For Flood Zone Purposes) The portion of a building having its floor sub-grade (below ground level) on all sides. 37

STANDARDS FOR NEW CONSTRUCTION RESIDENTIAL A-ZONE Lowest Floor The floor of the lowest enclosed area, including crawl spaces and basements (for flood zone purposes). Exception: The lowest floor shall not include any wet flood-proofed spaces usable solely for vehicle parking, building access, storage or crawl space, provided that such enclosure is not built so as to render the structure in violation of this appendix, including that: 1. Such enclosure shall allow for automatic entry and exit of floodwaters; 2. Such enclosure shall be constructed solely of flood-resistant materials and finishes; 3. Such enclosure shall have a floor elevation equal to or higher than the outside adjacent grade on at least one side; and 4. Such outside adjacent grade shall slope down, towards the source of flooding, providing positive drainage by gravity, thus preventing accumulations of water under or in the structure after the floodwaters recede without the use of pumps, pipes or drains. 38

STANDARDS FOR NEW CONSTRUCTION RESIDENTIAL A-ZONE Lowest Floor 39 FEMA s MT-1 Instruction

STANDARDS FOR NEW CONSTRUCTION RESIDENTIAL A-ZONE Lowest Floor

STANDARDS FOR NEW CONSTRUCTION RESIDENTIAL A-ZONE Wet Floodproofing - Enclosures Below the Design Flood Elevation (DFE) 2008 NYC Building Code G304.1.1 Item 2 (Appendix G) Enclosed spaces below the design flood elevation shall be wet floodproofed and useable solely for: Parking of vehicles Storage Building access Crawlspace Enclosed spaces below the design flood elevation shall be shall be wet floodproofed in accordance with ASCE 24. 41

STANDARDS FOR NEW CONSTRUCTION RESIDENTIAL A-ZONE Wet Floodproofing ASCE 24, Section 6.3.2 Use of techniques that minimize the damage to the structure associated with the flood loads: Openings to allow for the automatic entry and exit of flood waters Use flood damage resistant materials below the DFE Locating all utilities above the DFE or design and install to prevent floodwaters from entering or accumulating within the components 42

STANDARDS FOR NEW CONSTRUCTION RESIDENTIAL A-ZONE Enclosed Space Below the DFE Without Flood Vents

STANDARDS FOR NEW CONSTRUCTION RESIDENTIAL A-ZONE Wet Floodproofing - Flood Vents ASCE 24 Section 2.6.1 Enclosed areas below the DFE shall contain openings to allow for the automatic entry and exit of floodwaters. 44 FEMA TB 1

STANDARDS FOR NEW CONSTRUCTION RESIDENTIAL A-ZONE Materials ASCE 24, Table 5-1 Only flood-damage resistant materials and finishes shall be utilized below the design flood elevation specified. 45

STANDARDS FOR NEW CONSTRUCTION RESIDENTIAL A-ZONE Flood-Resistant Materials FEMA, TB 2 46

STANDARDS FOR NEW CONSTRUCTION RESIDENTIAL A-ZONE Structural Considerations ASCE 24, Section 2.5.2 Footings must be designed to prevent flotation, collapse and lateral movement during the Design Flood. 47

STANDARDS FOR NEW CONSTRUCTION RESIDENTIAL A-ZONE Utilities and Equipment Utilities and attendant equipment shall be located at or above the design flood elevation specified in ASCE 24, Table 7-1, or shall be constructed so as to prevent water from entering or accumulating within the components during conditions of flooding in accordance with ASCE 24. 48

STANDARDS FOR NEW CONSTRUCTION RESIDENTIAL A-ZONE Utilities and Equipment FEMA Document 348 49

STANDARDS FOR NEW CONSTRUCTION RESIDENTIAL A-ZONE Utilities and Equipment FEMA Document 348 50

STANDARDS FOR NEW CONSTRUCTION RESIDENTIAL A-ZONE Utilities and Equipment FEMA Document 348 51

STANDARDS FOR NEW CONSTRUCTION RESIDENTIAL A-ZONE Typical New Construction 52

COURSE OUTLINE Regulatory Framework Flood Insurance Rate Maps (FIRMs) Standards for New Construction Residential A-Zones Non-residential A-Zones V-Zones Repairs, Alterations + Reconstructions NYS DEC Requirements Administrative Issues Case Study 53

STANDARDS FOR NEW CONSTRUCTION NONRESIDENTIAL A-ZONE Nonresidential for Flood Zone Purposes - Definitions 2008 NYC Building Code G201.2 (Appendix G) Nonresidential. A building or structure that either: 1. Contains no space classified in Group I-1, R-1, R-2 or R-3, and contains no space that is accessory, as such term is defined in the New York City Zoning Resolution, to any Group I-1, R-1, R-2 or R-3 occupancy; or 2. Contains such space(s), but also contains space on the lowest floor that is not accessory, as such term is defined in the New York City Zoning Resolution, to a Group I-1, R-1, R-2 or R-3 occupancy. 54

STANDARDS FOR NEW CONSTRUCTION NONRESIDENTIAL A-ZONE Nonresidential for Flood Zone Purposes - Definitions 2008 NYC Building Code G304.1.2 (Appendix G) Nonresidential. Buildings or structures shall comply with either of the following: Elevation option (just like residential A-Zones) or Dry floodproofing option 55

NEW CONSTRUCTION STANDARDS NONRESIDENTIAL A-ZONE Dry Floodproofing Option - Examples 56

STANDARDS FOR NEW CONSTRUCTION NONRESIDENTIAL A-ZONE Dry Floodproofing Option Specified Elevation ASCE 24, Table 6-1 The structure shall be dry floodproofed to at or above the design flood elevation specified. 57

STANDARDS FOR NEW CONSTRUCTION NONRESIDENTIAL A-ZONE Dry Floodproofing Options 2008 NYC Building Code G304.1.2 (Item 2.2) (Appendix G) 58 If dwelling units are also located in the building: All rooms and spaces within dwelling units shall be located at or above the design flood elevation (NO REC ROOMS); No more than one toilet and one sink shall be located below the design flood elevation. No more than one two-compartment laundry tray shall be permitted below the design flood elevation; No kitchens or kitchenettes shall be permitted below the design flood elevation; A restrictive declaration filed with the City Register or County Clerk.

STANDARDS FOR NEW CONSTRUCTION NONRESIDENTIAL A-ZONE Dry Floodproofing Options ASCE 24, Section 6.2.2, Item 3, as modified by Appendix G Required means of egress cannot be blocked with flood shields. 59

STANDARDS FOR NEW CONSTRUCTION NONRESIDENTIAL A-ZONE Dry Floodproofing Option: 2008 NYC Building Code G304.1.2 (Item 2.3) (Appendix G) Utilities and Equipment: 1. Within the dry floodproofed enclosure; 2. Elevated to or above the design flood elevation specified in ASCE 24, Table 7-1; or 3. Constructed so as to prevent water from entering or accumulating within the components. 60

STANDARDS FOR NEW CONSTRUCTION NONRESIDENTIAL A-ZONE Dry Floodproofing Option FEMA Document 348 Utilities and Equipment: 61

COURSE OUTLINE Regulatory Framework Flood Insurance Rate Maps (FIRMs) Standards for New Construction Residential A-Zones Non-residential A-Zones V-Zones Repairs, Alterations + Reconstructions NYS DEC Requirements Administrative Issues Case Study 62

STANDARDS FOR NEW CONSTRUCTION V-ZONE Waves Pass Through Open Lattices Only 2008 NYC Building Code G304.2 (Item 1) (Appendix G) 63

STANDARDS FOR NEW CONSTRUCTION V-ZONE Foundation 2008 NYC Building Code G304.2 Item 1 (Appendix G) The lowest floor shall be: Elevated on adequately anchored pilings or columns Securely anchored to such piles or columns to prevent floatation, collapse and lateral movement 64

STANDARDS FOR NEW CONSTRUCTION V-ZONE Foundation 2008 NYC Building Code G304.2 Item 1 (Appendix G) The lowest floor shall be: Elevated on adequately anchored pilings or columns Securely anchored to such piles or columns to prevent floatation, collapse and lateral movement V-Zone Condominium Apartment Building Eastchester Bay, Bronx 65

STANDARDS FOR NEW CONSTRUCTION V-ZONE Lowest Horizontal Member: 2008 NYC Building Code G304.2 Item 2 (Appendix G) The lowest portion of the lowest horizontal structural member of the lowest floor (excluding pilings or columns) shall be at or above the design flood elevation specified in ASCE 24, Table 4-1. 66

STANDARDS FOR NEW CONSTRUCTION V-ZONE Below the Lowest Horizontal Member. 2008 NYC Building Code G304.2 Item 3 (Appendix G) Spaces below the lowest horizontal member shall be either: Free of obstructions; or Enclosed with breakaway walls providing unconditioned space useable solely for parking of vehicles, building access, storage or crawl space. Such breakaway walls shall: Be of an open lattice type construction only; Meet the load requirements of Section 5.3.3 of ASCE 7; and Meet the additional requirements of ASCE 24. 67

STANDARDS FOR NEW CONSTRUCTION V-ZONE Materials 2008 NYC Building Code G304.2 Item 4 (Appendix G) Only flood-damage resistant materials and finishes shall be utilized below the design flood elevation specified in ASCE 24, Table 5-1. 68

STANDARDS FOR NEW CONSTRUCTION V-ZONE Utilities and Equipment 2008 NYC Building Code G304.2 Item 5 (Appendix G) Located at or above the design flood elevation specified in ASCE 24, Table 7-1, or Constructed so as to both resist the wave action and prevent water from entering or accumulating within the components during conditions of flooding in accordance with ASCE 24 69

STANDARDS FOR NEW CONSTRUCTION V-ZONE Utilities and Equipment ASCE 24, Table 7-1, per 2008 NYC Building Code G304.2 Item 5 (Appendix G) 70

STANDARDS FOR NEW CONSTRUCTION V-ZONE Prohibitions 2008 NYC Building Code G304.2 Item 6 (Appendix G) Development, including land-disturbing activities, seaward of the reach of mean high tide; Use of fill for structural support of buildings; and Man-made alterations of sand dunes that would increase potential damage to buildings. 71

STANDARDS FOR NEW CONSTRUCTION V-ZONE 72

STANDARDS FOR NEW CONSTRUCTION V-ZONE 73

STANDARDS FOR NEW CONSTRUCTION V-ZONE 74 Pre-FIRM Building in V-Zone

STANDARDS FOR NEW CONSTRUCTION V-ZONE Pre-FIRM Building in V-Zone 75

STANDARDS FOR NEW CONSTRUCTION V-ZONE Post-Sandy, Pre-FIRM Building in V-Zone

STANDARDS FOR NEW CONSTRUCTION V-ZONE 77

COURSE OUTLINE Regulatory Framework Flood Insurance Rate Maps (FIRMs) Standards for New Construction Residential A-Zones Non-residential A-Zones V-Zones Repairs, Alterations + Reconstructions NYS DEC Requirements Administrative Issues Case Study

REPAIRS, ALTERATIONS + RECONSTRUCTIONS 79 Staten Island post-hurricane Sandy FEMA Photo Library

REPAIRS, ALTERATIONS + RECONSTRUCTIONS 80

REPAIRS, ALTERATIONS + RECONSTRUCTIONS 81

REPAIRS, ALTERATIONS + RECONSTRUCTIONS 2008 NYC Building Code 28-105.4 Work That Does Not Require a Permit Department permits need not be obtained for some work types (i.e., removing and replacing non-fire-rated wallboards and insulation in the same locations, minor deck/porch repairs to replace less than 25% of a railing/decking. (Also see 1 RCNY 101-14.) Code Compliance. Permit-exempt work must comply with the NYC Construction Codes and other applicable laws, codes and rules. Permits may still be required by other agencies. Costs. In special flood hazard areas, the cost of any permit exempt work must still be calculated into the substantial damage/substantial improvement calculations in the Flood Zones section below. 82

REPAIRS, ALTERATIONS + RECONSTRUCTIONS Mayoral Executive Order Waiver of Permit and Emergency Work Fees Hurricane Sandy-damaged buildings tagged with red placards that need demolition, alterations or reconstruction have all repair work fees waived. All other Sandy-damaged buildings have fees waived for electrical and plumbing repairs. Expedited filing is available for some emergency and restoration work. 83

REPAIRS, ALTERATIONS + RECONSTRUCTIONS Zoning Resolution Article V, Chapter IV, 54-00 Many Hurricane Sandy-damaged buildings were constructed under prior zoning regulations and deemed lawfully noncomplying before the storm. Reconstructing these is allowed under certain circumstances, even when 100% of the structure has been destroyed. Department permits must be issued within two years of the storm; work must be carried on diligently thereafter. When TPPN 1/02 requires these applications to be filed as a New Building, applicants should typically file them as a new building, indicating in the Schedule A notes that it is being reconstructed according to ZR 54-00. 84

REPAIRS, ALTERATIONS + RECONSTRUCTIONS 2008 NYC Building Code 28-104.9.2 (Local Law 21 of 2009) Flood Zone Location Identification. All applications must indicate whether the proposed work is in a special flood hazard area. Applicants typically indicate this in question 20 of the PW1 form. Applicants not required to answer this question must include a statement in the construction documents. In either case, applicants must include a copy of the FIRM, identify the property s location on the map and indicate whether the building is located in an A-Zone or V-Zone. (The City s Evacuation Zone A boundaries do not match FEMA s A-Zone.) 85

REPAIRS, ALTERATIONS + RECONSTRUCTIONS Flood Zones - Definitions 2008 NYC Building Code G102.1, Item 8 (Appendix G) Substantially Damaged Buildings. A building is substantially damaged if the cost to repair to pre-storm condition exceeds 50% of the market value of the structure. (Substantially damaged buildings must be brought into full compliance with Appendix G.) Substantial Improvement. A project is a substantial improvement If the cost of an alteration exceeds 50% of the market value of the structure. I 86

REPAIRS, ALTERATIONS + RECONSTRUCTIONS Substantially Damaged/Substantial Improvements 2008 NYC Building Code Appendix G Any building classified as substantially damaged or as a substantial improvement must be elevated/reconstructed to fully comply with the flood zone regulations for New Buildings in Appendix G of the 2008 Building Code. For residential buildings, this includes elevating the habitable spaces and filling in the basement or cellar. When a building is allowed to be repaired/reconstructed under the 1938 or 1968 Building Codes, all work must comply with Appendix G, per 28-104.9.4 (Local Law 21 of 2009). 87

REPAIRS, ALTERATIONS + RECONSTRUCTIONS Cost to Repair - Required to Include Source: FEMA P-758 88

REPAIRS, ALTERATIONS + RECONSTRUCTIONS Cost to Repair - Required to Exclude Source: FEMA P-758 89

REPAIRS, ALTERATIONS + RECONSTRUCTIONS Determining Market Value and Substantial Improvement 1 Rules of the City of New York 3606-01 Two acceptable methods to determine market value: Assessment roll option Appraisal option 90

REPAIRS, ALTERATIONS + RECONSTRUCTIONS Not Substantially Damaged + Not Substantial Improvements 1 Rules of the City of New York 3606-01 All Alteration Applications in a Special Flood Hazard Area Applications not classified as substantially damaged or as a substantial improvement but with an estimated cost of more $40,000 must include calculations of the buildings market value and relevant documentation. See FEMA s Substantial Improvement/Substantial Damage Desk Reference and Substantial Damage Estimator Tool. Applicants shall include in every alteration application the statement, Work proposed in this application (is/is not) included in a substantial improvement as defined by Section BC G201.2 and 1 RCNY 3606-01. 91

REPAIRS, ALTERATIONS + RECONSTRUCTIONS Not Substantially Damaged and Not Substantial Improvements 1 Rules of the City of New York 3606-01 Alteration applications for these buildings in a Special Flood Hazard Area must include two estimated cost calculations: Substantial Damage and Substantial Improvement. Substantial Damage Calculation Compare construction costs to restore the building to pre-hurricane condition (even if the owner does not intend to do so) to the building s pre-sandy market value. If the building s restoration cost equals or exceeds 50% of its market value, the building must comply with flood zone regulations for new buildings in Appendix G even if the owner does not want to restore the building to its prior condition. 92

REPAIRS, ALTERATIONS + RECONSTRUCTIONS Not Substantially Damaged and Not Substantial Improvements 1 Rules of the City of New York 3606-01 Alteration applications for these buildings in a Special Flood Hazard Area must include two estimated cost calculations: Substantial Damage and Substantial Improvement. Substantial Improvement Calculation Compare the cumulative construction cost of the alteration and repair work regardless of the time necessary to complete the work and all other alterations and repairs during this timeframe to the building s pre-hurricane market value. If the cumulative construction costs equal or exceed 50% of the building s market value, then the building must comply with flood zone regulations for New Buildings in Appendix G even if the owner does not want to elevate the building. 93

REPAIRS, ALTERATIONS + RECONSTRUCTIONS Substantially Damaged Building Example Broad Channel, Queens Flood Damage from Tropical Storm Irene Assessment roll calculation: market value of structure is $88,000 Cost to repair to pre-storm condition: $48,800 This building has sustained substantial damage and must be brought in to full compliance with Appendix G of the 2008 NYC Building Code. 94

REPAIRS, ALTERATIONS + RECONSTRUCTIONS Substantial Damage Letter - Sample 95

REPAIRS, ALTERATIONS + RECONSTRUCTIONS Substantial Damage Increased Compliance Cost Coverage Why Owners Need Department Certification Flood Zones FEMA and/or insurance companies may require City certification that a building was substantially damaged by Hurricane Sandy. This can allow insurers to provide an additional payout for elevation, relocation and/or demolition costs. Applicants must provide the Department with signed and sealed calculations (per 1 RCNY 3606-01) certifying substantial damage to the building. After Department review, the Borough Commissioner will provide a letter stating that the building was substantially damaged. See FEMA s Increased Cost of Compliance Coverage. 96

REPAIRS, ALTERATIONS + RECONSTRUCTIONS Department of Finance - Assessment Roll 97

REPAIRS, ALTERATIONS + RECONSTRUCTIONS Cost Affidavit Sufficiency + Substantial Damage Language 98

REPAIRS, ALTERATIONS + RECONSTRUCTIONS Market Value Calculation 99

REPAIRS, ALTERATIONS + RECONSTRUCTIONS Substantial Damage Determination Letter 100

REPAIRS, ALTERATIONS + RECONSTRUCTIONS Requirements for Substantially Damaged Structures 2008 NYC Building Code G 102.1. (Item 7) (Appendix G) Like New: No basements (for Residential Buildings) 101 Elevate lowest floor Adequately anchor the structure (uplift and lateral displacement) Below the DFE: solely for building access, parking and storage Flood openings in enclosed spaces below the DFE Flood resistant materials used up to the DFE Electrical, plumbing, heating/air conditioning components elevated above DFE or design to prohibit accumulation of water (FEMA 348) Above ground tanks are anchored or elevated above DFE

REPAIRS, ALTERATIONS + RECONSTRUCTIONS 102

REPAIRS, ALTERATIONS + RECONSTRUCTIONS Buildings Not Substantially Damaged or Without Substantial Improvements 2008 NYC Building Code Appendix G Flood Zones. Buildings not classified as substantially damaged or as a substantial improvement are not required to elevate/reconstruct the building per flood zone regulations for New Buildings in Appendix G. The Department strongly recommends design professionals to counsel their clients to comply and relocate essential equipment and electrical panels above flood levels wherever possible. 103

REPAIRS, ALTERATIONS + RECONSTRUCTIONS Buildings Not Substantially Damaged or Without Substantial Improvements Flood Zones. Even through buildings not classifies as substantially damaged or a substantial improvement do not have to comply with flood zone regulations for new buildings, there are still some code requirements that alteration and repair work to storm-damaged buildings must comply with. All alteration and repair work must comply with Appendix G of the 2008 Building Code, even if the building is allowed to be repaired or reconstructed under the 1938 or 1968 Building Code (BC 28-104.9.4/Local Law 21/09). For example: 104 Appendix G, Section 102.9, Item 9 Allows equipment or finishes of the same types in the same locations to be replaced, but does not allow for an increase in the degree of noncompliance with Appendix G. In this case, the licensed design professional should counsel the owner to improve the building s flood-resistance, even if not required.

REPAIRS, ALTERATIONS + RECONSTRUCTIONS Buildings not in compliance cannot further violate the Code. Do not: Finish an unfinished basement; Create a basement apartment; Add new/additional mechanical equipment e; or Change occupancy to one with a higher DFE. 105

COURSE OUTLINE Regulatory Framework Flood Insurance Rate Maps (FIRMs) New Construction Standards Residential A-Zones Non-residential A-Zones V-Zones Repairs, Alterations + Reconstructions NYS DEC Requirements Administrative Issues Case Study 106

NYS DEC REQUIREMENTS Tidal/Freshwater Wetlands + Coastal Erosion Hazard Areas Many Hurricane Sandy-damaged buildings are regulated by the NYS Department of Environmental Conservation (DEC) because they are in or are in close proximity to tidal wetlands, freshwater wetlands and/or coastal erosion hazard areas. Applicants repairing or reconstructing in these areas must follow the Department s Operational Buildings Bulletin 2009-012; it outlines DEC s permit requirements and jurisdictional determinations that must be obtained before the Department can approve any application. Exemptions: For Sandy-related work, DEC has issued a general permit to exempt certain activities from DEC permit requirements. These are typically limited to minor/temporary stabilizing until repairs can be made. 107

NYS DEC REQUIREMENTS NYS Department of Environmental Conservation Permits Required NYS DEC Permits Required for Construction Within: Tidal Wetland Tidal Wetland-Adjacent Area Freshwater Wetland Freshwater Wetland-Adjacent Area Costal Erosion Hazard Area 108

NYS DEC REQUIREMENTS Department of Buildings + NYSDEC Local Law 21 of 2009. Improves coordination between the Department and other governmental agencies (including NYS DEC) when development is proposed for the City s coastal and water-sensitive inland zones. Buildings Bulletin 2009-12. Establishes Department procedure to submit applicable maps and DEC approvals in relation to Coastal Zones and watersensitive inland zones.

NYS DEC REQUIREMENTS Local Law 21 of 2009 - Defined Terms Structure. Any object constructed, installed or placed in, on or under land or water, including, but not limited to, a building, permanent shed, deck, in-ground or above ground swimming pool, garage, mobile home, paving, road, public utility service distribution, transmission and collection system, storage tank, pier, dock, wharf, groin, jetty, seawall, revetment, bulkhead or breakwater. 110

NYS DEC REQUIREMENTS Local Law 21 of 2009 - Defined Terms Freshwater Wetlands. Areas of land as identified on the final map issued by the New York State Department of Environmental Conservation in accordance with section 24-0301 of the New York state Environmental Conservation Law, as well as any adjacent areas as such term is defined in section 662.1 of title six of the New York code of rules and regulations. Coastal Erosion Hazard Areas. Areas of land as identified on the final map issued by the New York State Department of Environmental Conservation in accordance with section 34-0104 of the New York State Environmental Conservation Law. 111

NYS DEC REQUIREMENTS Local Law 21 of 2009 - DEC Approval Required for Department Approval The Department cannot approve plans without prior approval from DEC. This applies to: New Buildings (NB) Alterations (Alt-1, Alt-2, Alt-3) that introduce, or horizontally enlarge, any object constructed, installed, or placed in, on, or under land or water Work that includes any excavation or fill 112

NYS DEC REQUIREMENTS Local Law 21 of 2009 2008 NYC Building Code 28-104.9.2 Statement and submission by applicant. Applicant for construction document approval to determine whether the proposed work is located within a coastal zone or a water-sensitive inland zone. Applications shall include a statement by the applicant indicating whether the proposed work is located within a coastal zone or water-sensitive inland zone subject to such sections. 113

NYS DEC REQUIREMENTS Local Law 21 of 2009 2008 NYC Building Code 28-104.9.3 Prior to construction document approval, where work is within a mapped zone or adjacent area, the Department requires: DEC permit; or Jurisdictional determination issued by DEC that a permit is not required. 114

NYS DEC REQUIREMENTS Map Check 115

NYS DEC REQUIREMENTS Map Check

NYS DEC REQUIREMENTS Tidal Wetlands - TWL Adjacent Area 150 feet (not shown on online map); applicant must sketch the adjacent area on the map. 117

NYS DEC REQUIREMENTS Fresh Water Wetlands FWWL Adjacent Area 100 feet (adjacent area already shown on online map); applicant need only print the online map 118

NYS DEC REQUIREMENTS Coastal Erosion Hazard Area - CEHA CEHA adjacent area: none (the line shown on the map is the final boundary); applicant need only print the online map) 119

NYS DEC REQUIREMENTS Coastal Erosion Hazard Area - CEHA 120

COURSE OUTLINE Regulatory Framework Flood Insurance Rate Maps (FIRMs) New Construction Standards Residential A-Zones Non-residential A-Zones V-Zones Repairs, Alterations + Reconstructions NYS DEC Requirements Administrative Issues Case Study 121

ADMINISTRATIVE ISSUES 1) Checkboxes on PW1 2) Certifications 3) Schedule A (for NB/Alt1) 4) Special Inspection(s) 5) Progress Inspection (NB/Substantial Improvement) 6) Required Items: Elevation Certificate Flood-proofing Certificate Restrictive Declaration (dry flood-proof)

ADMINISTRATIVE ISSUES Local Law 21 of 2009-2008 NYC Building Code 28-104.9.5 False Statement or Omission. No person shall submit an application for construction document approval for any structure within a coastal zone or water-sensitive inland zone which falsely avers or by omission causes the department to determine that the subject property is not located within such zone or that the New York state department of environmental conservation and other appropriate agencies have issued the appropriate permits or approvals when they did not.. 123

ADMINISTRATIVE ISSUES Local Law 21 of 2009-2008 NYC Building Code 28-104.9.6 Revocation of Approval of Construction Documents Where the department determines that work is located within a coastal zone or water-sensitive inland zone after construction documents have been approved for such work and/or that the documentation required by sections 28-104.9.2 through 28-104.9.4 has not been submitted, the department shall revoke such approval and any associated work permits that may have been issued for such work in accordance with section 28-104.2.10. 124

ADMINISTRATIVE ISSUES A-Zone Certifications by Applicant - 2008 NYC Building Code 28-104.5.1 Wet Flood-proofing Certification Certification that the design provides for the automatic entry and exit of floodwaters for equalization of hydrostatic flood forces in accordance with Section 2.6.2, ASCE 24. Dry Flood-proofing Certification (Nonresidential Buildings) Certification that the dry flood-proofing is designed in accordance with ASCE 24. Utility Certifications Certification all heating, ventilation, air conditioning, plumbing, electrical and other services facilities and equipment within the structure or site will be located or constructed so as to prevent water from entering or accumulating within the components during conditions of flooding in accordance with ASCE 24. 125

ADMINISTRATIVE ISSUES A-Zone Certifications by Applicant - 2008 NYC Building Code 28-104.5.2 Structural design certification entire structure is designed in accordance with ASCE 24, including that the pile or column foundation and building or structure to be attached thereto is designed to be anchored to resist flotation, collapse and lateral movement due to the effects of wind and flood loads acting simultaneously on all building components, and other load requirements of Chapter 16 of the New York City Building Code. Breakaway wall certification the breakaway walls meet the load requirements of Section 5.3.3 of ASCE 7, are designed in accordance with ASCE 24, and are of an open lattice-type construction only. Utility certifications all heating, ventilation, air conditioning, plumbing, electrical and other services, facilities and equipment within the structure or site will be located or constructed so as to prevent water from entering or accumulating within the components during conditions of flooding, in accordance with ASCE 24. 126

ADMINISTRATIVE ISSUES Schedule A Requirements Wet floodproofed spaces must be labeled as subject to flooding. (BC G106.2, G106.3) and must indicate parking; storage; or building access and no other uses. (BC G304.1.1. Item 2). Dry floodproofed spaces must be labeled as dry floodproofed (BC G106.4) and dry flood-proofing that relies on flood shields or devices must describe the devices (BC G106.4). Dry-floodproofed nonresidential (for floodplain purposes) buildings with dwelling units must have CRFN number for restrictive declaration. (BC G304.1.2, Item 2.2.5) Structures excluded from floodplain per LOMA or LOMR-F must be described (BC G102.3.3. 106.5) 127

ADMINISTRATIVE ISSUES Schedule A Requirements Dry floodproofing and wet floodproofing in same building on same story? 128

ADMINISTRATIVE ISSUES Progress / Special Inspections Flood zone compliance special inspection Flood shield special inspection per BC G105.3.1 (manually added by examiner in BIS) Elevation progress inspection (NBs/Substantial Improvements only) 129

ADMINISTRATIVE ISSUES Special Inspections Flood Zone Compliance Registered design professional certifies that: the structure was constructed, (or alterations were performed, ) with methods and practices that minimize flood damage and that are in accordance with approved plans, and with any applicable provisions of Appendix G of the New York City Building Code and ASCE 24. 130

ADMINISTRATIVE ISSUES Progress Inspections Lowest Floor Elevation Upon placement of the lowest floor, including the basement (for flood zone purposes), an engineer or licensed professional surveyor shall inspect the site and verify the elevation of such lowest floor. The inspection report verifying the elevation shall be submitted to the commissioner prior to further vertical construction. 131

ADMINISTRATIVE ISSUES Required Item Prior to Sign-off Elevation Certificate 132

ADMINISTRATIVE ISSUES Required Item Prior to Sign-off Dry Floodproofing Certificate 133

ADMINISTRATIVE ISSUES City-Owned Waterfront Property / Maritime Commerce NYC Charter 643(7) Most applications for buildings on City-owned waterfront land or buildings used for maritime commerce are under the jurisdiction of the Department of Small Business Services (SBS). Such applications should be filed with SBS. 134

ADMINISTRATIVE ISSUES Sprinkler Systems NYC Fire Code 503.8 Many of the buildings damaged by Hurricane Sandy will need to have sprinkler systems installed when repaired or reconstruction. For more information, see the Fire Department s FAQs at nyc.gov/fdny. Where sufficient water supply for a sprinkler system is not available from the City s water supply, the National Fire Protection Association standard (NFPA 13, 13R or 13D) allows an as-of-right allowance for an on-site water tank to supply the needed water supply. 135

COURSE OUTLINE Regulatory Framework Flood Insurance Rate Maps (FIRMs) Standards for New Construction Residential A-Zones Non-residential A-Zones V-Zones Repairs, Alterations + Reconstructions NYS DEC Requirements Administrative Issues Case Study 136

CASE STUDY East Harlem, Manhattan 137

CASE STUDY East Harlem, Manhattan 138

CASE STUDY East Harlem, Manhattan 139

CASE STUDY East Harlem, Manhattan 140

CASE STUDY East Harlem, Manhattan Is Floodproofing Allowed? 141

AFTER HURRICANE SANDY: CONSTRUCTION IN FLOOD ZONES AND PROCEDURES FOR REBUILDING James P. Colgate, RA, Esq. Assistant Commissioner for Technical Affairs + Code Development Joseph Ackroyd, PE Director of Engineering, Technical Affairs 142