after hurricane sandy: construction in flood …iris.nyit.edu/~maltwick/esp/module...

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


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


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


Importance of Regulatory Framework:

Emphasis on preventing insurance claims

Department of Buildings has limited leeway to alter standards

9


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




Residential A-Zones


V-Zones




Case Study

11

FLOOD INSURANCE RATE MAPS

What They Are

Why We Need Them

What They Tell Us

Where They Are

12


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

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14


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16


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


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


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


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


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.

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23


24


City Datum

May Change to NAVD88.

25


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


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


Letter of Map Amendment

28


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


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


Map Amendment/Revision Procedures

1 RCNY §3606-02

Purpose Establishes the procedures for processing letters of map change.

LOMAs

LOMR-Fs

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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

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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

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COURSE OUTLINE




Residential A-Zones


V-Zones




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

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RESIDENTIAL A-ZONE

36


RESIDENTIAL A-ZONE

Lowest Floor - Definitions


Basement (For Flood Zone Purposes) The portion of a building having its

floor sub-grade (below ground level) on all sides.

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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.

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RESIDENTIAL A-ZONE

Lowest Floor

FEMA’s MT-1

Instruction

39


RESIDENTIAL A-ZONE

Lowest Floor


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.

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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


RESIDENTIAL A-ZONE

Enclosed Space Below the DFE Without Flood Vents


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.

FEMA TB 1 44


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


RESIDENTIAL A-ZONE

Flood-Resistant Materials

FEMA, TB 2

46


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


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


RESIDENTIAL A-ZONE


FEMA Document 348

49


RESIDENTIAL A-ZONE


FEMA Document 348

50


RESIDENTIAL A-ZONE


FEMA Document 348

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RESIDENTIAL A-ZONE

Typical New Construction

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COURSE OUTLINE




Residential A-Zones


V-Zones




Case Study

53


NONRESIDENTIAL A-ZONE

Nonresidential for Flood Zone Purposes - Definitions


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



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

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NEW CONSTRUCTION STANDARDS


Dry Floodproofing Option - Examples

56



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.

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Dry Floodproofing Options

2008 NYC Building Code G304.1.2 (Item 2.2) (Appendix G)

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.

58



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



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.

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Dry Floodproofing Option

FEMA Document 348

Utilities and Equipment:

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COURSE OUTLINE




Residential A-Zones


V-Zones




Case Study

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V-ZONE

Waves Pass Through Open Lattices Only

2008 NYC Building Code G304.2 (Item 1) (Appendix G)

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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


V-ZONE

Foundation


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


V-ZONE

Lowest Horizontal Member:


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.

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V-ZONE

Below the Lowest Horizontal Member.


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


V-ZONE

Materials


Only flood-damage resistant

materials and finishes shall

be utilized below the design

flood elevation specified in

ASCE 24, Table 5-1.

68


V-ZONE



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


V-ZONE


ASCE 24, Table 7-1, per 2008 NYC Building Code G304.2 Item 5 (Appendix G)

70


V-ZONE

Prohibitions


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


V-ZONE

72


V-ZONE

73


V-ZONE

Pre-FIRM

Building in

V-Zone

74


V-ZONE

Pre-FIRM

Building in

V-Zone

75


V-ZONE

Post-Sandy,

Pre-FIRM

Building in

V-Zone


V-ZONE

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COURSE OUTLINE




Residential A-Zones


V-Zones




Case Study

REPAIRS, ALTERATIONS + RECONSTRUCTIONS

Staten Island post-Hurricane Sandy FEMA Photo Library

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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


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


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


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


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


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


Cost to Repair - Required to Include

Source: FEMA P-758

88


Cost to Repair - Required to Exclude

Source: FEMA P-758

89


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


Not Substantially Damaged + Not Substantial Improvements


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


Not Substantially Damaged and Not Substantial Improvements


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


Not Substantially Damaged and Not Substantial Improvements


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


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.

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Substantial Damage Letter - Sample

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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


Department of Finance - Assessment Roll

97


Cost Affidavit Sufficiency + Substantial Damage Language

98


Market Value Calculation

99


Substantial Damage Determination Letter

100


Requirements for Substantially Damaged Structures

2008 NYC Building Code G 102.1. (Item 7) (Appendix G)

Like New: No basements (for Residential Buildings)

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

101


102


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


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:

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.

104


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



New Construction Standards

Residential A-Zones


V-Zones




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 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


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 water-

sensitive inland zones.


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


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


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


Local Law 21 of 2009


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


Local Law 21 of 2009


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


Map Check

115


Map Check


Tidal Wetlands - TWL Adjacent Area

150 feet (not shown on

online map); applicant

must sketch the adjacent

area on the map.

117


Fresh Water Wetlands – FWWL Adjacent Area

100 feet (adjacent

area already shown

on online map);

applicant need only

print the online map

118


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


Coastal Erosion Hazard Area - CEHA

120

COURSE OUTLINE



New Construction Standards

Residential A-Zones


V-Zones




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)


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


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.

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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.”

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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.”

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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)

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Schedule A Requirements

Dry floodproofing and

wet floodproofing in

same building on

same story?

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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)

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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.”

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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.

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Required Item Prior to Sign-off – Elevation Certificate

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Required Item Prior to Sign-off – Dry Floodproofing Certificate

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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.

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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.

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COURSE OUTLINE




Residential A-Zones


V-Zones




Case Study

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CASE STUDY

East Harlem, Manhattan

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CASE STUDY


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CASE STUDY


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CASE STUDY


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CASE STUDY


Is Floodproofing Allowed?

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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

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