2010 Florida Building Code Update December 8, 2011€¦ · Insurance Conference Chapter 16: Flood...

2010 Florida Building Code Update December 8, 2011

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13th Annual Windstorm Insurance Conference

Current Status and Expected Changes:

Wind and Flood Code Upgrades

13th Annual Windstorm Insurance

Conference

Code Basics

Chapter 16 – Wind & Flood

Law & Ordinance Coverage

Case Study

Outline


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– FBC Preface:

The Florida Building Code is a suite of documents based on national model building codes and national consensus standards which are amended where necessary for Florida’s specific needs.

Code Basics

The Florida Building Code


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Code Basics

The Florida Building Code


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Linear And Sequential Navigation

– Code Provisions Can Be:

•Qualified By Preceding Sections

•Exempted/Restricted By Postscript Sections

Code Basics

Skipping around will lead to misinterpretationsSkipping around will lead to misinterpretations


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Code Basics

When moving between various editions, pay close attention to any directions, restrictions or qualifications that are placed on the user prior to entering and leaving each document

When moving between various editions, pay close attention to any directions, restrictions or qualifications that are placed on the user prior to entering and leaving each document


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Code Basics



Case Study

Outline


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ASCE/SEI 7-05

Wind Design

Minimum Design Loads for Buildings and Other Structures

Currently


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Wind Design

Currently

1 Statewide Map


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–1603.1.4 Wind Design Data.

The following information related to wind loads shall be shown …

Ultimate design wind speed Vult, (3‐second gust), miles per hour (km/hr) and nominal design wind speed, Vasd

Risk Category from Table 1604.5 or Table 1.5‐1 of ASCE 7

Chapter 16: Wind Design


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ASCE/SEI 7-10


Minimum Design Loads for Buildings and Other Structures


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– 1609.1.1 Determination Of Wind Loads

The wind speeds in Figure 1609A, 1609B and 1609C shall be converted to nominal wind speeds, Vasd, in accordance with Section 1609.3.1



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–HURRICANE‐PRONE REGIONS

Areas vulnerable to hurricanes as defined as:

The U.S. Atlantic Ocean and Gulf of Mexico coasts where the basic wind speed for Risk Category II buildings is greater than 115 mph (40 m/s)



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The exact location of wind speed lines shall be established by local ordinance


1609A Risk Category II


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1609B Risk Category III &

Risk Category IV


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1609C Risk Category I


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–1609.3.1 Wind Speed Conversion

When required, ultimate design wind speeds shall be converted to nominal design wind speeds using Table 1609.3.1 or Equation 16‐32.

Vasd = Vult √0.6 (Equation 16‐32)

Where:Vasd = nominal design wind speedVult = strength design wind speeds



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– 1609.3.1 Wind Speed Conversion



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–WIND‐BORNE DEBRIS REGIONS

For Risk Category II and III buildings and structures, areas within hurricane‐prone regions located:

Within 1 miles (1.61 km) of the coastal mean high water line where the ultimate design wind speed Vult is 130 (48 m/s) or greater; or in areas where the ultimate design wind speed Vult is 140 mph (53 m/s) or greater.



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–WIND‐BORNE DEBRIS REGIONS

For Risk Category IV buildings and structures and Risk Category III health care facilities, the windborne debris region shall be based on Figure 1609B.



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HVHZ

Buildings and structures, and every portion thereof, shall be designed and constructed to meet the requirements of Chapters 26 through 31 of ASCE 7

Chapter 16: Wind Design – HVHZ


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–1620.2 Wind velocity (3‐second gust) used in structural calculations shall be as follows:

Broward County

Risk Category I: 156 mph

Risk Category II: 170 mph

Risk Category III and IV: 180 mph



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–1620.2 Wind velocity (3‐second gust) used in structural calculations shall be as follows:

Miami‐Dade County

Risk Category I: 165 mph

Risk Category II: 175 mph

Risk Category III and IV: 186 mph



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‐ 1620.3 All buildings and structures shall be considered to be in Exposure Category C, unless Exposure Category D applies, as defined in Section 26.7 of ASCE 7.



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FEMA / NFIP

Flood Design

Coastal Construction ManualC

urrently


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FEMA / NFIP

Flood Design

Local Official’s Guide for Coastal ConstructionC

urrently


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Enforcement

NFIP requirements are incorporated by means of local ordinance

NFIP requirements are enforced by the Floodplain Manager

Flood Design

Currently


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–1603.1.7 Flood Design Data

For buildings located in whole or in part in flood hazard areas … the following information, referenced to the datum on the community’s Flood Insurance Rate Map (FIRM), shall be shown…

Chapter 16: Flood Design


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In flood hazard areas not subject to high‐velocity wave action, the elevation of the proposed lowest floor, including the basement.



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In flood hazard areas not subject to high‐velocity wave action, the elevation to which any nonresidential building will be dry floodproofed.



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In flood hazard areas subject to high‐velocity wave action, the proposed elevation of the bottom of the lowest horizontal structural member of the lowest floor, including the basement.



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ASCE/SEI 24-05


Flood Resistant Design and Construction


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–1612.1 General.

Within flood hazard areas as established in Section 1612.3, all new construction of buildings, structures and portions of buildings and structures, including substantial improvement and restoration of substantial damage to buildings and structures, shall be designed and constructed to resist the effects of flood hazards and flood loads.



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BASE FLOOD ELEVATION

The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NVGD), North American Vertical Datum (NAVD) or other datum specified on the Florida Insurance Rate Map (FIRM).



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DESIGN FLOOD

The flood associated with the greater of the following two areas:

Area with a flood plain subject to a 1‐percent or greater chance of flooding in any year; or

Area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated.



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DESIGN FLOOD ELEVATION

The elevation of the “design flood,” including wave height, relative to the datum specified on the community’s legally designated flood hazard map.



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DESIGN FLOOD ELEVATION

In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map.



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DRY FLOODPROOFING

A combination of design modifications that results in a building or structure, including the attendant utility and sanitary facilities, being water tight with walls substantially impermeable to the passage of water and with structural components having the capacity to resist loads as identified in ASCE 7.



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FLOOD DAMAGE‐RESISTANT MATERIALS

Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair.



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LOCAL FLOODPLAIN MANAGEMENT ORDINANCE

An ordinance or regulation adopted pursuant to the authority granted to local governments by Title 44 Code of Federal Regulations, Sections 59 and 60 for participation in the National Flood Insurance Program.



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‐ 1612.4 Design and Construction

The design and construction of buildings and structures located in flood hazard areas, including flood hazard areas subject to high‐velocity wave action, shall be in accordance with Chapter 5 of ASCE 7 and with ASCE 24.



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‐ 1612.5 Flood Hazard Documentation

The following documentation shall be prepared and sealed by a registered design professional and shall be submitted to the building official:


These provisions are in addition to those found in Chapters 1 and Section 1602

These provisions are in addition to those found in Chapters 1 and Section 1602


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‐ 1612.5 Flood Hazard Documentation – Non V Zone

The elevation of the lowest floor

New

For fully enclosed areas below the design flood elevation … the design will provide for equalization of hydrostatic flood forces



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1612.5 Flood Hazard Documentation – V Zone

The elevation of the bottom of the lowest horizontal structural member



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‐ 1612.5 Flood Hazard Documentation – V Zone

Designed that the pile or column foundation and building or structure to be attached thereto is designed to be anchored to resist floatation, collapse and lateral movement due to the effects of wind and flood loads acting simultaneously



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‐ 1612.5 Flood Hazard Documentation – V Zone

For breakaway walls designed to resist a nominal load of less than 10 psf (0.48 kN/m2) or more than 20 psf (0.96 kN/m2), construction documents shall include a statement that the breakaway wall is designed in accordance with ASCE 24.



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NOTE: In flood hazard zones, after placement of the lowest floor and prior to further vertical construction, an elevation certificate is to be submitted

NOTE: In flood hazard zones, after placement of the lowest floor and prior to further vertical construction, an elevation certificate is to be submitted


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Florida Building Code Flood Provisions Cross Reference Table

Florida Building Code Flood Provisions Cross Reference Table


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Code Basics



Case Study

Outline


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Law & Ordinance CoverageFlorida Statute

627.7011 Homeowners’ policies; offer of replacement cost coverage and law and ordinance coverage.—

(1) Prior to issuing a homeowner’s insurance policy, the insurer must offer each of the following:


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(1)(a) A policy or endorsement providing that any loss that is repaired or replaced will be adjusted on the basis of replacement costs to the dwelling not exceeding policy limits, rather than actual cash value, but not including costs necessary to meet applicable laws and ordinances regulating the construction, use, or repair of any property or requiring the tearing down of any property, including the costs of removing debris.


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(1)(b) A policy or endorsement providing that, subject to other policy provisions, any loss that is repaired or replaced at any location will be adjusted on the basis of replacement costs to the dwelling not exceeding policy limits, rather than actual cash value, and also including costs necessary to meet applicable laws and ordinances regulating the construction, use, or repair of any property or requiring the tearing down of any property, including the costs of removing debris…


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(1)(b) (cont.) However, additional costs necessary to meet applicable laws and ordinances may be limited to 25 percent or 50 percent of the dwelling limit, as selected by the policyholder, and such coverage applies only to repairs of the damaged portion of the structure unless the total damage to the structure exceeds 50 percent of the replacement cost of the structure.


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An insurer is not required to make the offers required by this subsection with respect to the issuance or renewal of a homeowner’s policy that contains the provisions specified in paragraph (b) for law and ordinance coverage limited to 25 percent of the dwelling limit, except that the insurer must offer the law and ordinance coverage limited to 50 percent of the dwelling limit. This subsection does not prohibit the offer of a guaranteed replacement cost policy.


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(2) Unless the insurer obtains the policyholder’s written refusal of the policies or endorsements specified in subsection (1) …


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(2) (cont.) any policy covering the dwelling is deemed to include the law and ordinance coverage limited to 25 percent of the dwelling limit. The rejection or selection of alternative coverage shall be made on a form approved by the office. The form must fully advise the applicant of the nature of the coverage being rejected. If this form is signed by a named insured, it is conclusively presumed that there was an informed, knowing rejection of the coverage or election of the alternative coverage on behalf of all insureds.


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(4) A homeowner’s insurance policy must include in bold type no smaller than 18 points the following statement:

“LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE FROM THE NATIONAL FLOOD INSURANCE PROGRAM. WITHOUT THIS COVERAGE, YOU MAY HAVE UNCOVERED LOSSES. PLEASE DISCUSS THESE COVERAGES WITH YOUR INSURANCE AGENT.”


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627.7011 Homeowners’ policies; offer of replacement cost coverage and law and ordinance coverage.—(5) This section does not:

(a) Apply to policies not considered to be “homeowners’ policies,” as that term is commonly understood in the insurance industry.

(b) Apply to mobile home policies.

(c) Limit the ability of an insurer to reject or nonrenew any insured or applicant on the grounds that the structure does not meet underwriting criteria applicable to replacement cost or law and ordinance policies or for other lawful reasons.


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THE POLICY WORDING IS IMPORTANT

Is there Code Coverage?If so, identifies:

– Time for which code applies‐ “at time of loss”

– Causation Trigger‐ enforcement; consequence of covered loss

– Scope

•Minimum requirements of code;

• Consequence of or caused by damage

Law & Ordinance CoveragePolicy Provisions


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THE POLICY WORDING IS IMPORTANT

Is there Code Coverage?Type:

– Demolition

– Increased Costs of Construction

– Pollution, Contamination

Law & Ordinance CoveragePolicy Provisions


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Law & Ordinance CoverageParameters

– Amount;

• Sub limits

• Sub limits for Undamaged Portions, Demolition, Increased Costs

– Allocation;

• Between covered and non covered damage;

• Damaged, non damaged property

– Limitations/ Exclusions

• Location

• Period of Restoration

• Pollution


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Law & Ordinance CoverageISO Form

The Coverage(s) … apply only if both B.1. and B.2. are satisfied and are then subject to the qualifications set forth in B.3.

1. The ordinance or law:

a. Regulates the demolition, construction or repair of buildings, or establishing zoning or land use requirements at the described premises; and

b. Is in force at the time of loss.


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But coverage under this endorsement applies only in response to the minimum requirementsof the ordinance or law. Losses and costs incurred in complying with recommended actions or standards that exceed actual requirements are not covered under this endorsement.


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2.a. The building sustains direct physical damage that is covered under this policy and such damage results in enforcement of the ordinance or law; or


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2.b. The building sustains both direct physical damage that is covered under this policy and direct physical damage that is not covered under this policy, and the building damage in its entirety results in enforcement of the ordinance or law.


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2.c. But if the building sustains direct physical damage that is not covered under this policy, and such damage is the subject of the ordinance or law, then there is no coverage under this endorsement even if the building has also sustained covered direct physical damage.


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2.c.(1) Repair or reconstruct damaged portions of that building; and/or

2.c.(2) Reconstruct or remodel undamaged portions of that building, whether or not demolition is required; when the increased cost is a consequence of enforcement of the minimum requirements of the ordinance or law.


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Law & Ordinance CoverageISO Summary

1. Coverage A – Coverage For Loss ToThe Undamaged Portion Of TheBuilding

2. Coverage B – Demolition CostCoverage

3. Coverage C – Increased Cost OfConstruction Coverage

a. With respect to the building that has sustained covered direct physical damage, we will pay the increased cost to:


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G. Under this endorsement we will not pay for loss due to any ordinance or law that:

1. You were required to comply with before the loss, even if the building was undamaged; and

2. You failed to comply with:


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Law & Ordinance Coverage“In force at time of loss”

B A Properties, Inc. v. Aetna Casualty & Surety Co.

Even though policy did not include any “in force at the time of the loss” language; court rejected the insured’s argument because the replacement cost provision determined the value at the time of the loss and interpreting the law and ordinance provision otherwise would alter its interpretation of the clear and unambiguous replacement cost provision;

What if change in code between loss and reasonable date of repair.


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Law & Ordinance Coverage “Damaged v. Undamaged”

DEB Assoc. v. Greater New York Mutual Ins. Co.

Winds caused section of façade and walls of property to collapse;

Found construction w/o angle irons and whole building “unsafe”

Local code officials required installation of angle irons required by current code on both damaged and undamaged walls;

Court reasoned that a covered cause of loss caused the enforcement of the building code.


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Law & Ordinance Coverage DEB Policy Language:

a. If a Covered Cause of Loss occurs to the covered Building property, we will pay for the increased cost to:

(1) Repair or reconstruct damaged portions of that Building property; and/or

(2) Reconstruct or remodel undamaged portions of that Building property whether or not demolition is required;

when the increased cost is a consequence of enforcement of building, zoning or land use ordinance or law.”

2/9/2012 LEA Annual Meeting 77


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…[T]he test is not what the building official reasonably believes the code allows him to do. Nor is it what a lawyer or judge believes the code allows. Rather, the test is what a reasonable lay insurance purchaser would believe the code allows the city to enforce.”

Law & Ordinance Coverage Quotes from DEB


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Law & Ordinance Coverage Quotes from DEB

The court reasoned that “[a] reasonable lay purchaser of insurance would conclude that the building official has authority under [the unsafe structures section of the building code] to require alterations to existing, nonconforming uses that are dangerous to human life.”

All ordered repairs covered.


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Law & Ordinance Coverage“Damaged v. Undamaged ”

State Farm Fire & Casualty Co. v. Metropolitan Dade County

“Whether the homeowners comply with codes and ordinances before or after the County takes action is irrelevant. The threat of enforcement is the driving force behind compliance with building and construction codes and ordinances. Permits are required before construction and repairs commence.”


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Failure to comply results in failure to receive necessary permits for further construction or occupancy. The County discovers its code violations through inspections and punishes noncompliance by imposing sanctions. Thus, isn’t fear of compulsion, enforcement?


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DEB language:

“[T]he test is not what the building official reasonably believes the code allows him to do. Nor is it what a lawyer or judge believes the code allows. Rather, the test is what a reasonable lay insurance purchaser would believe the code allows the city to enforce.”


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Law & Ordinance Coverage“Damaged v. Undamaged ” ‐ Precedence

Westmark Hydrocarbon v. Liberty Mutual

Inspection order to inspect remaining portions of pipeline after covered corrosion loss: not covered

The order did not “regulate construction or repair of damaged facilities”


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Is it the written code?

Is it a permit?

Is it a Notice of Violation; or other order

requiring an action?

Is it the insured’s reasonable believe DEB?

Law & Ordinance Coverage Enforcement


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Webster’s Third New International Dictionary, Unabridged (1986), defines “enforcement” as:

“the act of enforcing: as a: compulsion especially by physical violence b: forcible urging or argument . . . c: the compelling of the fulfillment (as of a law or order).”

Law & Ordinance Coverage Enforcement


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Law & Ordinance Coverage “Incurred Expense ”

Ceballo v. Citizens Property Ins. Corp

Ordinance or Law Coverage is what is commonly referred to as “incurred expense” coverage. This means that the coverage doesn’t ripen, and the insured isn’t entitled to the benefits, until they actually incur additional expenses for compliance with the building code.


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Adjustment Issues Related to Existing Buildings


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Law & Ordinance Coverage Existing Buildings

Role of Adjuster

Role of Consultants

Meeting with Insured Early and Often

– Insured’s Consultants

– Understand Insured’s repair/rebuild plans

Critical Issues

– Life Health

– ADA

– Voluntary upgrades

– Code Reconfiguring repairs or renovations

– Zoning


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Law & Ordinance Coverage Existing Buildings

Once insured submits plans building officials are obligated to review plans based upon what is presented and its compliance to code – is that “enforcement”

Addressing insured’s plans as to code after drawing submitted may be too late; or

May result in waiver issues???


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Law & Ordinance Coverage Minimum Code Requirements

That may mean alternative compliance methods;

Insured will not opt for alternative compliance if carrier will pay for something more elaborate;

Time it takes for building officials to issue permit is generally considered and understood as reasonable;

– What if delays in permits are based upon insured’s failure to provide adequate drawings, explanations, etc


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Law & Ordinance Coverage 2010 Code Update Issues

New Florida Wind Map‐

– Expansion of Wind born Debris Area up East Coast and across to Southern West Coast North to Sarasota

Roof Mitigation Clarification

Incorporation of Flood Hazard Areas, Flood Provisions into Building Code


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New Accessibility Requirements

– Impact of Expansion of “path of travel”

– Definitions “Maximum Extent Feasible” v. “Readily Achievable;

– Disproportionate Cost v. Series of Smaller Alterations

– Primary Function;

• Definition

• Exceptions


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Limitations on Building Officials

Categories

– Residential

– Commercial

– New Construction

– Existing

• Only those being retrofitted;

• Definitions and categories of additions, alterations, repairs


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Law & Ordinance Coverage Take Away Lessons

• Code and Law and Ordinance Can substantially Impact Claim Dollars

• The Policy Language is Important

• Recognizing Law and Ordinance and Code Issues Is Important

• Retaining Appropriate Consultants Early is Important

• Both the Insured and Insurer Must Be upfront on the Issues


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Code Basics



Case Study

Outline


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Residence

Case Study:


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Residence

Case Study:


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Building Code Requirements2001 Florida Building Code

– Section 3109 Flood Resistant Construction. This code specifically defers to the authority granted to local government by Title 44 CFR, Sections 59 and 60.

Case Study:


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City Floodplane OrdinanceDevelopment in the floodplain must conform to current FEMA and Building Code RequirementsFEMA RequirementsCoastal Construction Manual

Case Study:


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If a floor is poured so that it is attached to or is monolithic with the grade beam , the bottom of the grade beam becomes the bottom of the lowest horizontal structural member.

Case Study:


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Case Study:

This sheet

clearly shows the

6” heavily reinforced concrete slab to be attached to and integral w

ith the structure (i.e. m

asonry walls,

grade beams,

and wall

columns).

Slab to Column to Grade Beam Continuity


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Case Study:


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Case Study:

Post-script


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Case Study:

Enter … the hurricane


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Building Code Requirements2010 Florida Building Code

Case Study:


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13th Annual Windstorm Insurance Conference

Current Status and Expected Changes:

Wind and Flood Code Upgrades

2010 Florida Building Code Update December 8, 2011€¦ · Insurance Conference Chapter 16: Flood...

Documents

Transcript of 2010 Florida Building Code Update December 8, 2011€¦ · Insurance Conference Chapter 16: Flood...