Ordinance 24-2017 Flood Damage Prevention ORDINANCE NO. 24-2017
AN ORDINANCE BY THE TOWN COUNCIL OF
THE TOWN OF PALM BEACH, PALM BEACH
COUNTY, FLORIDA, AMENDING THE TOWN OF
PALM BEACH CODE OF ORDINANCES CHAPTER
18; TO ADOPT AMENDMENTS RELATING TO
FLOOD PROVISIONS OF THE FLORIDA
BUILDING CODE; PROVIDING FOR
APPLICABILITY; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
WHEREAS,the Legislature of the State of Florida has, in Chapter 166 ,
Florida Statutes, conferred upon local governments the authority to adopt
regulations designed to promote the public health, safety, and general welfare of
its citizenry; and
WHEREAS,the Federal Emergency Management Agency has identified
special flood hazard areas within the boundaries of the Town of Palm Beach and
such areas may be subject to periodic inundation which may result in loss of life
and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely affect the public
health, safety and general welfare; and
WHEREAS, the Town of Palm Beach was accepted for participation in
the National Flood Insurance Program on May 15, 1978 and the Town Council
desires to continue to meet the requirements of Title 44 Code of Federal
Regulations, Sections 59 and 60, necessary for such participation; and
WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida
Legislature to provide a mechanism for the uniform adoption, updating,
amendment, interpretation and enforcement of a state building code, called the
Florida Building Code; and
WHEREAS, the Town Council has determined that it is in the public
interest to adopt the proposed floodplain management regulations that are
coordinated with the Florida Building Code; and
WHEREAS,the Town Council, based upon review of local conditions
and as demonstrated by evidence has determined that there is a local need to limit
new installations of manufactured homes in certain high risk flood hazard areas;
WHEREAS, the Town Council adopted a requirement to require any new
or substantial improvements to residential construction to have the lowest floor,
including a basement, elevated no lower than 6-inches above the base flood
elevation, to limit partitioning of enclosed areas below elevated dwellings and to
limit access to enclosed areas, and to require accumulation of costs of
improvements and repairs of buildings, based on issued building permits, over a
1-year period, for buildings and structures in flood hazard areas prior to July 1,
2010 and,pursuant to section 553.73(5), F.S., is formatting that requirement to
coordinate with the Florida Building Code; and
NOW,THEREFORE,BE IT ORDAINED by the Town Council of the
Town of Palm Beach that the technical amendments regarding floodplain
regulations contained in Attachment A are hereby adopted.
Section 1. RECITALS.
The foregoing whereas clauses are incorporated herein by reference and made a
part hereof.
Section 2. This ordinance specifically adds technical amendments to Chapter
18,Article IV of the Town Code of Ordinances for specific sections of the
Florida Building Code relating to flood provisions.
Section 3. FISCAL IMPACT STATEMENT
In terms of design, plan application review, construction and inspection of
buildings and structures, the cost impact as an overall average is negligible in
regard to the local technical amendments because all development has been
subject to the requirements of the local floodplain management ordinance adopted
for participation in the National Flood Insurance Program. In terms of lower
potential for flood damage,there will be continued savings and benefits to
consumers.
Section 4. APPLICABILITY.
For the purposes of jurisdictional applicability,this ordinance shall apply in the
Town of Palm Beach. This ordinance shall apply to all applications for
development, including building permit applications and subdivision proposals,
submitted on or after the effective date of this ordinance.
Section 5. INCLUSION INTO THE CODE OF ORDINANCES.
It is the intent of the Town Council that the provisions of this ordinance shall
become and be made a part of the Town of Palm Beach Code of Ordinances, and
that the sections of this ordinance may be renumbered or re-lettered and the word
"ordinance"may be changed to "section," "article," "regulation," or such other
appropriate word or phrase in order to accomplish such intentions.
Section 6. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is, for any
Ordinance 24-2017 Page 2 of 3
reason, declared by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the ordinance as a whole, or any part thereof, other than
the part so declared.
Section 7. EFFECTIVE DATE.
This ordinance shall take effect on 31 days subsequent to its passage and final
reading.
PASSED AND ADOPTED in a regular, adjourned session of the Town
Council of the Town of Palm Beach on first reading this 12th day of July, 2017,
and for second and final reading on this 9th day of August, 2017.
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Gail . Coniglio, Mayor Richard Kleid, Town Council President
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Danielle H. Moore, Council President Pro Tem
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ATTEST: Bobbie Lindsay, To ,n Council M: ber
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Gwendolynn Pei ce, CMC
Acting Town Clerk Margaret A. Zeidman, Town Council Member
Ordinance 24-2017 Page 3 of 3
ARTICLE IV. - FLORIDA BUILDING CODE
DIVISION 1.-GENERALLY
18-232. — Definitions.
The following definitions are added:
Florida Building Code, Building.
Substantial improvement. Any combination of repair, reconstruction, rehabilitation, addition, or
other improvement of a building or structure taking place during a 1-year period, the cumulative
cost of which equals or exceeds 50 percent of the market value of the building or structure
before the improvement or repair is started. For each building or structure, the 1—year period
begins on the date of the first permit issued for improvement or repair of that building or
structure subsequent to {see Note}. If the structure has incurred "substantial damaqe," any
repairs are considered substantial improvement regardless of the actual repair work performed.
The term does not, however, include either:
(1) Any project for improvement of a building required to correct existing health, sanitary, or
safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.
Florida Building Code, Existing Building.
Substantial improvement. Any combination of repair, reconstruction, rehabilitation, addition, or
other improvement of a building or structure taking place during a 1-year period, the cumulative
cost of which equals or exceeds 50 percent of the market value of the building or structure
before the improvement or repair is started. For each building or structure, the 1—year period
begins on the date of the first permit issued for improvement or repair of that building or
structure subsequent to {see Note}. If the structure has incurred "substantial damage," any
repairs are considered substantial improvement regardless of the actual repair work performed.
The term does not, however, include either:
(1) Any project for improvement of a building required to correct existing health, sanitary, or
safety code violations identified by the buildinq official and that are the minimum
necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.
DIVISION 2. — FLORIDA BUILDING CODE TECHNICAL AMENDMENTS FOR FLOODING
18-244. —The following sections of the Florida Building Code-Residential are hereby
amended as follows:
R322.2.1 Elevation requirements.
1. Buildings and structures in flood hazard areas not designated as Coastal A
Zones shall have the lowest floors elevated to or above the base flood elevation
plus 6 inches or the design flood elevation, whichever is higher.
2. Buildings and structures in flood hazard areas designated as Coastal A Zones
shall have the lowest floors elevated to or above the base flood elevation plus 1
foot (305 mm), or to the design flood elevation, whichever is higher.
3. In areas of shallow flooding (AO Zones), buildings and structures shall have the
lowest floor (including basement) elevated at least as high above the highest
adjacent grade as the depth number specified in feet on the FIRM plus 6 inches,
or at least 2.5 feet 2 feet (610 mm) if a depth number is not specified.
4. Basement floors that are below grade on all sides shall be elevated to or above
the base flood elevation plus 6 inches or the design flood elevation, whichever is
higher.
Exception: Enclosed areas below the design flood elevation, including basements
whose floors are not below grade on all sides, shall meet the requirements of
Section R322.2.2.
R322.2.2 Enclosed areas below design flood elevation. Enclosed areas, including
crawl spaces, that are below the design flood elevation shall:
1. Be used solely for parking of vehicles, building access or storage. The
interior portion of such enclosed areas shall not be partitioned or finished into
separate rooms except for stairwells, ramps, and elevators, unless a partition
is required by the fire code. The limitation on partitions does not apply to load
bearing walls interior to perimeter wall (crawlspace) foundations. Access to
enclosed areas shall be the minimum necessary to allow for the parking of
vehicles (garage door) or limited storage of maintenance equipment used in
connection with the premises (standard exterior door) or entry to the building
(stairway or elevator).
2. Be provided with flood openings that meet the following criteria:
2.1. There shall be a minimum of two openings on different sides of each
enclosed area; if a building has more than one enclosed area below
the design flood elevation, each area shall have openings on exterior
walls.
2.2. The total net area of all openings shall be at least 1 square inch (645
mm2) for each square foot (0.093 m2) of enclosed area, or the
openings shall be designed and the construction documents shall
include a statement by a registered design professional that the
design of the openings will provide for equalization of hydrostatic flood
forces on exterior walls by allowing for the automatic entry and exit of
floodwaters as specified in Section 2.6.2.2 of ASCE 24.
2.3. The bottom of each opening shall be 1 foot (305 mm) or less above
the adjacent ground level.
2.4. Openings shall be not less than 3 inches (76 mm) in any direction in
the plane of the wall.
2.5. Any louvers, screens or other opening covers shall allow the
automatic flow of floodwaters into and out of the enclosed area.
2.6. Openings installed in doors and windows, that meet requirements 2.1
through 2.5, are acceptable; however, doors and windows without
installed openings do not meet the requirements of this section.
R322.3.2 Elevation requirements.
1. All buildings and structures erected within coastal high-hazard areas shall be
elevated so that the lowest portion of all structural members supporting the
lowest floor, with the exception of piling, pile caps, columns, grade beams and
bracing, is elevated to or above the base flood elevation plus 6 inches or the
design flood elevation, whichever is higher.
2. Basement floors that are below grade on all sides are prohibited.
3. The use of fill for structural support is prohibited.
4. Minor grading, and the placement of minor quantities of fill, shall be permitted for
landscaping and for drainage purposes under and around buildings and for
support of parking slabs, pool decks, patios and walkways.
Exception: Walls and partitions enclosing areas below the design flood elevation
shall meet the requirements of Sections R322.3.4 and R322.3.5.
R322.3.4 Walls below design flood elevation. Walls and partitions are permitted below
the elevated floor, provided that such walls and partitions are not part of the structural
support of the building or structure and:
1. Electrical, mechanical, and plumbing system components are not to be
mounted on or penetrate through walls that are designed to break away
under flood loads; and
2. Are constructed with insect screening or open lattice; or
3. Are designed to break away or collapse without causing collapse,
displacement or other structural damage to the elevated portion of the
building or supporting foundation system. Such walls, framing and
connections shall have a design safe loading resistance of not less than 10
(470 Pa) and no more than 20 pounds per square foot (958 Pa); or
4. Where wind loading values of this code exceed 20 pounds per square foot
(958 Pa), the construction documents shall include documentation prepared
and sealed by a registered design professional that:
4.1. The walls and partitions below the design flood elevation have been
designed to collapse from a water load less than that which would occur
during the design flood.
4.2. The elevated portion of the building and supporting foundation system
have been designed to withstand the effects of wind and flood loads acting
simultaneously on all building components (structural and nonstructural).
Water loading values used shall be those associated with the design flood.
Wind loading values used shall be those required by this code.
R322.3.5 Enclosed areas below the design flood elevation. Enclosed areas below
the design flood elevation shall be used solely for parking of vehicles, building access or
storage. The interior portion of such enclosed area shall not be partitioned or finished
into separate rooms except for stairwells, ramps, and elevators, unless a partition is
required by the fire code. Access to enclosed areas shall be the minimum necessary to
allow for the parking of vehicles (garage door) or limited storage of maintenance
equipment used in connection with the premises (standard exterior door) or entry to the
buildinq (stairway or elevator).