Within the State of Florida, as well as many of the Gulf and Atlantic coast States, the Existing Building Code governs and directs the repair of structures damaged by storms. Therefore when repairing an existing structure one starts with the Existing Building Code and not the Building Code for new construction (the orange book and not the blue book). How can we be sure that the Existing building Code governs repair of structurally damaged buildings?

Chapter 5: Repairs
Section 506: Structural

FEBC: 506.2 Repair to Damaged Buildings. Repairs to damaged buildings shall comply with this section and Section 611, Reroofing.

IEBC: 506.2 Repair to Damaged Buildings. Repairs to damaged buildings shall comply with this section.

Within both Florida’s and ICC’s Existing Building Codes, repairs to existing buildings are covered in Chapter 5. Insight into the intent and scope of this chapter can be obtained from the Code & Commentary for each, Florida’s Existing Building Code ( FEBC) and ICC’s Existing Building Code (IEBC). Excerpts taken from the Code & Commentary for each offer the following insights:

FEBC: Purpose - The purpose of this chapter is to provide reasonable regulations for the repair of damaged structures. The chapter presents regulations to cover materials, life safety, accessibility, and structural considerations.

IEBC: Purpose - Repairs to an existing structure must be made with the proper materials in a manner that will safeguard the public and ensure the building does not become a hazard to life, health, or property.

FEBC: 501.2 Permitted Materials - The section begins by requiring all materials to comply with the code provisions for new construction. Flexibility in the selection of materials used for repairs is then provided by permitting like materials to be used provided their use does not create a hazard.

IEBC: 501.2 Permitted Materials - There are two options for materials used in repairs to an existing building. Generally, the materials used for repair should be those that are presently required or permitted for new construction under the International Codes.

FEBC: 501.3 Conformance - While the code does not in all cases require full compliance with current code provisions, there is a prohibition against making the building less conforming than the building was before the repair was undertaken.

IEBC: 501.3 Conformance - The general limitation on repairs is that the level of safety, health and public welfare of the existing building must not be reduced by any work being performed.

In other words, neither Existing Building Code requires that an existing structure being repaired be made "fully code compliant". If you would like to know more about this or other code related issues, contact William Bracken at wbracken@brackenengineering.com.

The National Flood Insurance Program (NFIP) is outlined in Chapter 44 of the Code of Federal Regulations (CFR) and it requires that communities wishing to participate in the program develop and implement rules which will assure their compliance with the requirements set out. One of those requirements is that all new construction and substantial improvements of residential structures in flood zones A1 – A30, AE, and AH on the community’s Flood Insurance Rate Map (FIRM) have the lowest floor of the structure elevated up to or above the base flood level. The term "substantial improvement" is defined in 44 CFR:

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
    (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or
    (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".

It is important to note that the market value is the value of the structure before the improvement is made and is established by a licensed real estate appraiser. Many building departments will direct owners and designers to the property appraiser to obtain this data, and all parties appear willing to accept this valuation of the structure. However, these appraisals are seldom full market value, and tend to be only about 80% of the full market value. If the cost of repairs exceeds 50% of the property appraiser’s listed market value, you should then hire a licensed real estate appraiser to look at the structure and determine the full market value prior to any damage.

The next question that we need to answer is what exactly must be included when determining the cost of the improvements. FEMA has put out the following clarification:

Supplemental Information for Substantial Damage

Items that should not be counted toward the cost to repair include plans, specifications, survey costs, permit fees, and other items which are separate from or incidental to the repair. This includes demolition or emergency repairs, and improvements to items outside the building, such as the driveway, septic systems, wells, fencing, landscaping and detached structures.

The cost of repairs required to remedy health, safety, and sanitary code deficiencies can be deducted from the overall cost of an improvement.

One of the issues left unresolved in the above is whether the costs of subsurface grouting as a part of a repair of damages caused by soil subsidence are to be included in the cost estimate. We agree that any cost for underpinning which becomes part of the foundation should be included, but improvements to soil supporting, but unattached to the structure appear to be similar to the items specifically mentioned above by FEMA. For a number of years we had proceeded under this assumption and had worked with several building departments that agreed with the interpretation and had not considered grouting costs as part of the cost of repairs. However, a few weeks ago we found a building official who believed that the costs of grouting should be included in the costs of repairs, causing the cost of the repairs to clearly exceed 50% of the value of the structure. As long as the grouting cost was included in the repair costs, there was no way to repair the structure and not have the repair costs exceed 50% of the value of the structure. This meant that the structure would then have to be elevated at an even greater cost. The residence was therefore a total loss.

In order to determine exactly what was required and eliminate any future confusion we had the question referred to FEMA and the Florida Division of Emergency Management and received the following answers.

From: Duperault, Joy [mailto:Joy.Duperault@em.myflorida.com]

... my understanding is that this type of ground work, which is not directly a part of the structure itself, would not be included in the cost of repair for substantial damage. Is this is question that SBA asks (substantial damage cost estimates)?
In FEMA’s new SI/SD manual, page 5-8, we are to consider that "costs to repair must include all costs that are necessary to repair a building to its pre-damage condition" I read this as to repair the building, not the ground beneath it… of course we want to fairly interpret every time in a way that will bring about the most safe option, but...

What do you think, Susan?

From: Wilson, Susan [mailto:Susan.Wilson@dhs.gov]

... I agree as well, but was also trying to get confirmation from HQ that we are correct! I'll let you know I get word back.

Susan
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Sent from my BlackBerry Wireless Handheld

So far it appears that the costs of subsurface grouting can be eliminated from the cost of the repair for NFIP purposes. However, as of today, we still have no definitive answer from FEMA headquarters. We will let you know when we get the final determination.

If you would like to know more about this or other code related issues, contact Gary Pailthorp at gpailthorp@brackenengineering.com.