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<DIV>We have a Florida home built to BFE in late 1975 (Post FIRM
for that community) </DIV>
<DIV> </DIV>
<DIV>Today, that Home / Floor built to BFE in 1975 is rendered
non-compliant / non-conforming due to a change in the FIRM, BFE and New FEMA
REGS.</DIV>
<DIV> </DIV>
<DIV>County Officials say the first elevated floor (built to BFE in 1975
compliant with county code and NFIP Regs. of that time) cannot be expanded or
improved under the 50% rule unless the home is elevated to CURRENT BFE.
</DIV>
<DIV> </DIV>
<DIV>Here is language I have found in random communities in Florida trying
to explain the 50% rule and below that the FEMA explanation.</DIV>
<DIV> </DIV>
<DIV>After review of the below language, <U>MY QUESTION</U>: Is our home
allowed to have a bathroom installed as long as that bathroom does not exceed
the 50% rule? </DIV>
<DIV> </DIV>
<DIV>THANK YOU!</DIV>
<DIV> </DIV>
<DIV>----------------------------------------</DIV>
<DIV> </DIV>
<DIV>
<DIV>The 50% rule is standard for all communities in America from what I
can read and from what I have been told by the National Association for
Flood Plain Managers. Communities can in fact adopt Codes that are <U>more
restrictive</U> the NFIP REGS. and those county codes will always take
precedence. </DIV>
<DIV> </DIV>
<DIV>Here is the explanation from Naples, Florida Building Dept. on the 50% Rule
( as just as an example) </DIV>
<DIV> </DIV>
<DIV><A title=http://www.naplesgov.com/LinkClick.aspx?fileticket=RSwkJ+2ebs0=&tabid=143&mid=567 href="http://www.naplesgov.com/LinkClick.aspx?fileticket=RSwkJ%2B2ebs0%3D&tabid=143&mid=567">http://www.naplesgov.com/LinkClick.aspx?fileticket=RSwkJ%2B2ebs0%3D&tabid=143&mid=567</A></DIV>
<DIV> </DIV>
<DIV>Here is the Monroe County Explanation: (I believe this page needs
updating and more clarification made on <U>Post-FIRM</U> structures -
yes??) </DIV>
<DIV> </DIV>
<DIV><A title=http://www.monroecounty-fl.gov/pages/MonroeCoFL_Growth/info/50percentrule.pdf href="http://www.monroecounty-fl.gov/pages/MonroeCoFL_Growth/info/50percentrule.pdf">http://www.monroecounty-fl.gov/pages/MonroeCoFL_Growth/info/50percentrule.pdf</A></DIV>
<DIV> </DIV>
<DIV>However, Both examples above really need to be closer to the FEMA
/ NFIP / Flood Plain Regs. / Explanations as reflected here:</DIV>
<DIV> </DIV>
<DIV><A title=http://www.fema.gov/txt/floodplain/nfip_sg_unit_8.txt href="http://www.fema.gov/txt/floodplain/nfip_sg_unit_8.txt">http://www.fema.gov/txt/floodplain/nfip_sg_unit_8.txt</A></DIV>
<DIV> </DIV>
<DIV>I pulled and excerpt from FEMA's explanation from the above link
pertaining to Post FIRM Structures:</DIV>
<DIV> </DIV>
<DIV><STRONG><U>Post-FIRM buildings</U></STRONG> <BR><BR>The rules do not
address only pre-FIRM buildings — <STRONG>they cover all buildings, post-FIRM
<BR>ones included.</STRONG> <BR><BR>In most cases, a post-FIRM building will be
properly elevated or otherwise compliant with <BR>regulations for new
construction. <STRONG>However, sometimes a map change results in a higher BFE or
<BR>change in FIRM zone.</STRONG> A <STRONG><U>substantial
improvement</U></STRONG> to a post-FIRM building may require that the
<BR>building be elevated to protect it from the new, higher, regulatory BFE.
<BR><BR>It should be remembered that all additions to a post-FIRM building must
be elevated at least <BR>as high as the BFE <U><STRONG>in effect</STRONG>
<STRONG>when the building was built</STRONG></U>. (You can’t allow a compliant
building <BR>to become noncompliant by allowing additions at grade.) <STRONG>If
a new, higher BFE has been adopted <BR>since the building was built, additions
that are <U>substantial improvements</U> must be elevated to the <BR><U>new
BFE</U></STRONG>. <BR><BR><U>THE FORMULA</U> <BR><BR><STRONG>A project is a
<U>substantial improvement if</U>: <BR><BR>Cost of improvement project <U>>
50 percent</U> <BR><BR>Market value of the building <BR></STRONG><BR><BR><BR>For
example, if a proposed improvement project will cost $30,000 and the value of
the <BR>building is $50,000: <BR><BR>$30,000 = 0.6 (60 percent) <BR><BR>$50,000
<BR><BR><BR><BR><STRONG>The cost of the project exceeds 50 percent of the
building’s value, so it is a substantial <BR>improvement</STRONG>. The
floodplain regulations for new construction apply and the building must meet
<BR><BR>the post-FIRM construction requirements. If the project is an addition,
only the addition has to <BR>be elevated (see the examples later in this
section). <BR><BR>The formula is based on the cost of the project and the value
of the building. These two <BR>numbers must be reviewed in detail.
<BR><BR>Project cost <BR><BR>The cost of the project means all structural costs,
including <BR><BR>• all materials <BR>• labor <BR>• built-in appliances <BR>•
overhead <BR>• profit <BR>• repairs made to damaged parts of the building worked
on at the same time </DIV>
<DIV> </DIV>
<DIV>-----------------------------------------</DIV>
<DIV> </DIV>
<DIV>Again, It seems very clear to me our home / floor built to BFE in 1975
could in fact be improved as long as it is not a "substantially
improved" as defined under the 50% rule.....CORRECT OR NOT?</DIV>
<DIV> </DIV>
<DIV>Thank you for your time and feedback! </DIV></DIV></FONT></BODY></HTML>