ACCESSORY STRUCTURES, DETACHED GARAGES, ATTACHED GARAGES, OH MY! Marijo Brady, P.E., CFM FEMA Region...

ACCESSORY STRUCTURES,DETACHED GARAGES,ATTACHED GARAGES,

OH MY!

Marijo Brady, P.E., CFMFEMA Region VIII

[email protected]

Marijo Brady, FEMA Region VIII 2

TERMS WE’LL BE DISCUSSING…

• STRUCTURE• INSURABLE BUILDING• ACCESSORY BUILDING• APPURTENANT STRUCTURE• DETACHED GARAGE• ATTACHED GARAGE

7/21/2015


Structure The terms “STRUCTURE” and “BUILDING” are used interchangeably in the NFIP.

FLOODPLAIN MANAGEMENT PURPOSESA walled and roofed building that is principally above ground, as well as a manufactured home, gas or liquid storage tanks, CULVERT, DAM, EMBANKMENT, LEVEE.

INSURANCE PURPOSES: (1) A building with two or more out-side rigid walls and a fully secured roof,

that is affixed to a permanent site; (2) A manufactured home (‘‘a manufactured home,’’ also known as a mobile

home, is a structure: built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation); or

(3) A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the community’s floodplain management and building ordinances or laws.

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STRUCTURE

• FOR INSURANCE PURPOSES, CAN A STRUCTURE BE A BUILDING? YES

• FOR INSURANCE PURPOSES, ARE ALL STRUCTURES BUILDINGS? NO

SO ALL BUILDINGS ARE STRUCTURES, BUT NOT EVERY STRUCTURE IS A BUILDING.

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AN INSURABLE BUILDING IS…

• A structure with 2 or more outside rigid walls and a fully secured roof, that is affixed to a permanent site; or

• A manufactured home (also known as a mobile home), is a structure built on a permanent chassis, transported to its site in 1 or more sections, and affixed to a permanent foundation); or

• A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the community’s floodplain management and building ordinances or laws.

• “Building” does not mean a gas or liquid storage tank or a recreational vehicle, a park trailer, or other similar vehicle, except as described above.

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TYPES OF UN-INSURABLE BUILDINGS/PROPERTIESFLOOD INSURANCE MANUAL

Examples of properties/buildings NOT covered by flood insurance:• Section 1316 properties• Container-type buildings (gas and liquid tanks, chemical or reactor tanks or enclosures, brick kilns)• Buildings entirely over water• Buildings more ≥ 50% underground• Gazebo (unless qualifies as bldg)• Greenhouse (unless qualifies as bldg)• Hot tub or spa (unless installed as bathroom fixture)• Open stadium• Pavilion (unless it qualifies as a bldg) • Pole Barn (unless it qualifies as a bldg)• Pumping Station (unless it qualifies as a bldg)• Storage Tank – Gasoline, water, chemicals, sugar, etc. • Swimming Pool Bubble• Swimming Pool (indoor or outdoor) • Tennis Bubble• Tent • Timeshare Unit within Multi-Unit Building• Travel Trailer (unless converted to a permanent on-site building meeting the community’s floodplain

management permit requirements) 7/21/2015


Residential vs. NON-residential

Residential and non-residential structures are treated differently.

• A residential building built in a floodplain must be elevated above the Base Flood Elevation (BFE).

• Non-residential buildings may be elevated or DRY floodproofed.

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ACCESSORY BUILDINGSFEMA DEFINITION

FLOODPLAIN ADMINISTRATION

An accessory building is a building which is on the same parcel of property as a principal building and the use of which is incidental to the use of the principal building.

– A residential building may have a detached garage or storage shed for garden tools and are examples of accessory buildings. Other examples of accessory buildings include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings.

– DON’T FORGET!!! National Flood Insurance Program (NFIP) regulations for new construction generally apply to new and substantially improved accessory buildings.

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ACCESSORY BUILDINGS

DEPENDING ON USE AND LOCAL FLOODPLAIN REGULATIONS, AN ACCESSORY STRUCTURE MAY OR MAY NOT REQUIRE A FLOODPLAIN DEVELOPMENT PERMIT.

DEPENDING ON CERTAIN FACTORS, AN ACCESSORY BUILDING MAY OR MAY NOT BE INSURABLE.

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ACCESSORY BUILDINGS

• NOT EVERY ACCESSORY BUILDING MAY REQUIRE A FLOODPLAIN DEVELOPMENT PERMIT (DOGHOUSE, SMALL GARDEN SHED).– BUT YOUR FLOODPLAIN ORDINANCE SHOULD

DEFINITIVELY DEFINE WHAT THE THRESHOLD IS.• NOT EVERY ACCESSORY BUILDING IS INSURABLE

(NOT ATTACHED TO PERMANENT FOUNDATION) - LOAFING SHED, DOG HOUSE, SMALL GARDEN SHED, TREE HOUSE, PROPANE TANK.

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MANDATORY INSURANCE FOR

ACCESSORY BUILDINGS

RECENT CHANGES TO THE NFIP LAW ALLOWS MORE LATITUDE FOR THE LENDER TO DETERMINE IF ACCESSORY BUILDINGS IN THE SFHA HAVE TO BE INSURED. IN SOME CASES, THE LENDER MAY DETERMINE AN ACCESSORY BUILDING HAS TO BE INSURED AND OTHER TIMES, NOT INSURED. IT’S A LENDER DECISION; FEMA HAS NO INVOLVEMENT IN THE DECISION.

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ANCHORINGTHE

ACCESSORY BUILDING

If a proposed building site is in a flood-prone area (i.e. SFHA), all new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

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(PERMANENT) FOUNDATION• A foundation is the element of an architectural structure which connects it to

the ground, and transfers loads from the structure to the ground. – Foundations are generally considered either shallow (slab-on-grade, individual or

strip perimeter footings, ribbed mat foundations, etc.) or deep (drilled piers, driven piles, etc.).

– Foundation engineering is the application of soil mechanics and rock mechanics (Geotechnical engineering) in the design of foundation elements of structures.

• Foundations are designed to have an adequate load capacity depending on the type of subsoil supporting the foundation by a geotechnical engineer, and the footing itself may be designed structurally by a structural engineer. The primary design concerns are settlement and bearing capacity.

"Attached to a permanent foundation" means anchored to real property by attachment to a permanent foundation and connected to utilities, including

water, gas, electricity, or sewer or septic service.

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POLE BUILDINGS• Pole framing or post-frame construction (pole building framing, pole building, pole

barn), is a simplified building technique. It uses large poles or posts buried in the ground or on a foundation to provide the vertical structural support.

• Pole building design was pioneered in the 1930s in the United States originally using utility poles for horse barns and agricultural buildings.

• Poles, from which these buildings get their name, are natural shaped or round wooden timbers 4 inches to 12 inches in diameter. The structural frame of a pole building is made of tree trunks, utility poles, engineered lumber, or chemically pressure treated squared timbers which may be buried in the ground or anchored to a concrete slab. Generally the posts are evenly spaced 8 feet to 12 feet apart except to allow for doors.

• Buried posts have the benefit of providing lateral stability so no braces are needed. Buried posts may be driven into the ground or set in holes then filled with soil, crushed stone, or concrete.

• Pole buildings may not have walls but be open shelters such as for farm animals or equipment or for use as picnic shelters.– OPEN pole buildings are not insurable.– Pole building with 2 or more rigid exterior walls are insurable.

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INSURANCE

Accessory structures (i.e. buildings) are also referred to as appurtenant structures.

Insurance prefers the term APPURTENANT STRUCTURE (APS).

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INSURANCE

The only APPURTENANT STRUCTURE (APS) covered by the Standard Flood Insurance Policy is a DETACHED GARAGE at the described location, which is covered under the Dwelling Form (1-4 family policies).

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APPURTENANT STRUCTURE (APS) = DETACHED GARAGE


APPURTENANT STRUCTURE (APS)

• i.e. DETACHED GARAGE• Only a DETACHED GARAGE servicing a

residential policy (1-4 family dwelling) can be part of a residential policy and be covered as part of that policy without additional cost.

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Appurtenant Structure = DETACHED GARAGE

• A DETACHED GARAGE servicing a 1–4 family dwelling.• Coverage is limited to no more than 10% of the limit of

liability on the dwelling. EXPLAIN

• Use of this insurance is at the policyholder’s option but reduces the building limit of liability or the DETACHED GARAGE can have its own policy and will be rated as a NON-RESIDENTIAL building.

• DETACHED GARAGE damages ALWAYS depreciated in the event of a claim. EXPLAIN

• Appurtenant structure coverage does not apply to any detached garage used or held for use for residential (dwelling), business, or farming purposes.

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DETACHED GARAGE• IS ONLY RECOGNIZED AS AN APPURTENANT STRUCTURE FOR 1-4

FAMILY POLICIES USING THE DWELLING FORM – IF YOU HAVE A DETACHED GARAGE ON THE PROPERTY OF CONVERTED

HOUSE USED AS A BUSINESS (IRONICALLY, AN INSURANCE AGENCY), THEN YOU HAVE THE CHOICE OF EITHER NOT INSURING THE DETACHED GARAGE OR INSURE IT AS A NON-RESIDENTIAL BUILDING POLICY.

• ONLY ONE(!) DETACHED GARAGE PER DWELLING FORM POLICY. – IF YOU HAVE A DETACHED GARAGE AND OTHER OUTBUILDINGS ON YOUR

PROPERTY, YOU HAVE THE CHOICE OF • INSURING THE DETACHED GARAGE AS PART OF YOUR DWELLING FORM POLICY

(USED FOR 1-4 FAMILY POLICIES), OR • NOT INSURING ANY OF THE OUTBUILDINGS, OR • INSURING THE MULTIPLE OUTBUILDINGS AS NON-RESIDENTIAL (USING THE

GENERAL FORM POLICY); EACH BUILDING A SEPARATE POLICY.

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DETACHED GARAGES

• Coverage is limited to no more than 10 percent of liability on the dwelling.

• Any reimbursement for damage to detached garages would reduce the coverage.

• If any part of the detached garage is used for residential, business, or farming purposes, coverage for the garage is nullified.

• FEMA interprets “residential” to mean “living space”, i.e., an apartment, a house, and the like.

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DETACHED GARAGES

• The structure retains its character as a detached garage if it is used only for parking motorized vehicles, storage, heaters, air conditioners, powder room, refrigerator with ice maker, freezer, laundry, mud sink, hot water heating in floor, workshop.

• What is not covered is a detached garage that is entirely or in part used as or held-for-use as a sleeping space. Of course, if any space is rented or held for rental, the contents owned by the policyholder and related to the rental would be limited to the $2,500 contents used in any business.

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DETACHED GARAGES

• Under the Standard Flood Insurance Policy Dwelling Form (used for 1-4 family dwellings) which insures the dwelling, the APPURTENENT STRUCTURE 10% coverage is only for a single detached garage which can fully store one or more vehicles

• No APPURTENENT STRUCTURE coverage if the detached garage is used for or held in use for:– Residential dwelling, i.e. evidence of or the capacity for an overnight

or long-term stay– Business or farming purposes

• Existence of household personal property, a sink, HVAC equipment, a bathroom, a household’s exercise room or workshop, would not necessarily disqualify for APPURTENT STRUCTURE coverage.

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IF THE DETACHED GARAGE SUDDENLY BECOMES CONNECTED TO THE HOUSE

…BY COVERED WALKWAY OR BY A DECK WHICH IS ATTACHED TO BOTH HOUSE AND GARAGE, THEN……– THE DETACHED GARAGE CAN BE INSURED

SEPARATELY, OR– UNDER THE DWELLING FORM 10% APPURTENT

STRUCTURE COVERAGE

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• Can you have multiple attached garages? Yes– They would all be part of the residential policy.

• Can you have a detached garage and an attached garage and still have the detached garage part of the 10% building coverage? Yes– But you can only have ONE detached garage as part of the policy.

• IF THE HOUSE ROOF OVERLAPS/OVERHANGS THE DETACHED GARAGE ROOF, IS THE DETACHED GARAGE STILL DETACHED? YES

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DETACHED BUILDING(INTERNATIONAL BUILDING CODE)

• A separate single-story building, without a basement or crawlspace, used for the storage or use of hazardous materials.

• PRIVATE GARAGE– NO MORE THAN 1,000 SF– FLOOR SHALL BE NONCOMBUSTABLE SURFACE

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ATTACHED GARAGE• A garage is a large enclosed space with a large rolling door that is typically used to

park vehicles. • An attached garage opens directly onto the rest of a home via a doorway, allowing

you to walk from the car into the garage without going outside or is a detached garage connected to the house by a covered walkway or enclosed breezeway.

• In addition to parking cars, attached garages can also be used for storage or to park other types of vehicles like small boats or motorcycles. Some people use garage space to have a room for hobbies such as classic car restoration, ceramics or woodworking.

• A garage attached (laterally) to a residential structure or in an enclosed area below an elevated building:

Montana State LAW REQUIRES THE GARAGE FLOOR SLAB THE GARAGE FLOOR SLAB TO BE ELEVATED +2 BFE.

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SUMMING IT ALL UP….

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ACCESSORY BUILDINGSand

FLOODPLAIN ADMINISTRATION

• It is wise for the floodplain administrator to think of ACCESSORY BUILDINGS as those that have low economic value and low damage potential – SMALL DOG HOUSES, SMALL GARDEN SHED, etc., and could be excluded from permit requirements () OR the permit fee can be waived ().

“SMALL”, “LARGE” NEED TO BE DEFINED WITH DIMENSIONS.• For larger ACCESSORY STRUCTURES, such as CARPORTS or LARGE

METAL SHEDS, or have potential to cause damage, then a floodplain development permit may be needed to meet the ADEQUATE ANCHORING TO RESIST FLOTATION program requirement.

• If the ACCESSORY BUILDING is, or has the potential to be insurable, then a floodplain permit will be required – DETACHED GARAGES, WORKSHOPS, POLE BARNS, etc.

7/21/2015


NFIP TERMS REVISITED…

• STRUCTURE– A walled and roofed building, gas or liquid storage tanks, CULVERT, DAM, EMBANKMENT, LEVEE, that is principally

above ground, as well as a manufactured home.

• (INSURABLE) BUILDING(1) A building with two or more out-side rigid walls and a fully secured roof, that is affixed to a permanent site; (2) A manufactured home (‘‘a manufactured home,’’ also known as a mobile home, is a structure: built on a

permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation); or (3) A travel trailer without wheels, built on a chassis and affixed to a permanent foundation.

• ACCESSORY BUILDING– An accessory building is a building which is on the same parcel of property as a principal building and the use of

which is incidental to the use of the principal building.

• APPURTENANT STRUCTURE– INSURANCE TERM. The only APPURTENANT STRUCTURE (APS) covered by the Standard Flood Insurance Policy is a

DETACHED GARAGE at the described location, which is covered under the Dwelling Form (1-4 family policies).

• DETACHED GARAGE– FOR INSURANCE PURPOSES, AS AN APPURTENANT STRUCTURE: used only for parking motorized vehicles, storage,

heaters, air conditioners, powder room, refrigerator with ice maker, freezer, laundry, mud sink, hot water heating in floor, workshop.

• ATTACHED GARAGE– a portion of a residence used for parking or storing motor vehicles or a separate building connected to residence

by covered walkway or enclosed breezeway.

– Montana REQUIRES ATTACHED GARAGES TO BE +2 BFE.7/21/2015

Marijo Brady, FEMA Region VIII 317/21/2015

• It is recommended that the community review their floodplain regulations to determine if these terms are adequately defined.

• IF A COMMUNITY IS GOING TO WAIVE A PERMIT FOR SMALL STRUCTURES (NOT RECOMMENDED) OR WAIVE THE PERMIT FEE (BETTER APPROACH), THEN THE FLOODPLAIN REGULATIONS SHOULD CLEARLY DEFINE THE LIMITS – IN OTHER WORDS, DIMENSIONS ARE NEEDED. THE DECISION FOR A PERMIT OR WAIVING THE PERMIT FEE SHOULD NOT BE ARBITRARY!!!!!!!

• The Montana model ordinance may not clearly address these terms. Size and use of structure/building will help the floodplain manager administer situations where a small doghouse does not need a permit, a carport needs to be adequately anchored and a detached garage needs permits and elevation.

NFIP TERMS REVISITED…

STRUCTUREINSURABLE BUILDINGACCESSORY BUILDING

APPURTENANT STRUCTUREDETACHED GARAGEATTACHED GARAGE


THE END

7/21/2015

ACCESSORY STRUCTURESDETACHED GARAGESATTACHED GARAGES

OH MY!Marijo Brady, P.E., CFM

FEMA Region [email protected]

303-235-4835

mailto:[email protected]

ACCESSORY STRUCTURES, DETACHED GARAGES, ATTACHED GARAGES, OH MY! Marijo Brady, P.E., CFM FEMA Region...

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